The Ogo Purchase Agreement (“Agreement”) is made up of the following documents:
High-level summary of the order process (as set out in these Terms and Conditions):
Agreement: You agree to purchase the Device to be confirmed in your Device Configuration Notice from either:
Ogo Technology USA Inc. their affiliates or agents, if you are a resident of United States of America or Canada, or
Ogo Technology Pty. Limited their affiliates or agents, if you are a resident of Australia, or
Ogo Technology Limited or their affiliates or agents if you are a resident of any other jurisdiction
("we”, ”us” or “our”, as applicable), pursuant to the terms of this Agreement.
Availability of features: Your Device is priced and configured based on features and options available at the time of order. Options or features released after you place your order may not be included in your Device.
Discontinuation: We may cancel your order and refund your Deposit if we discontinue a product, feature or option after the Order Date.
Timing of payments:
Deposit: You will pay the Deposit on the Order Date.
Remainder: You will pay the Remainder, within 10 days of us issuing the Final Price Sheet. We will not arrange delivery of the Device before receiving your payment of the Remainder.
Non-refundable: Your Deposit will be held on trust by us and applied against the Final Price. Your Deposit is only refundable where:
required by applicable law.
the provisions of clause 4.1 apply and you cancel your order within the time period set out in clause 4.1.1; or
we fail to deliver your Device in accordance with this Agreement (excluding situations where you do not pay the Remainder prior to delivery);
Manufactured Device: The provisions of this clause 4 apply (and correspondingly, the provisions of clause 5 below do not apply) where you are purchasing a Device that has not yet been manufactured as at the Order Date:
Cancellation and default for manufactured Device: Because your Device is custom ordered, we incur significant costs in starting production of your Device. We also incur significant costs for remarketing and reselling the Device if you cancel or default in this Agreement. As a result, your Deposit is non-refundable (except to the extent you are entitled to a refund under clause 3 above) once your order is sent to our Assembly Plant. We will credit your Deposit toward the Final Price. You acknowledge that this Deposit and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.
Week 2 until delivery: When we submit your order for production, your Deposit becomes earned and non-refundable, except to the extent you are entitled to a refund under this Agreement. Because production of your Device is already underway, changes to your Device Configuration Notice during this time will be difficult, if not impossible, for us to accommodate. If you want to make changes to your Device Configuration Notice, we will try to accommodate your request. If we accept your request, you will be subject to potential price increases for any pricing adjustments made since your original Order Date. Any changes made to your Device Configuration Notice, including changes to the Base Price, will be reflected in a subsequent Device Configuration Notice that, once prepared, will replace the original Device Configuration Notice and form part of this Agreement.
Week 1: We will submit your order to our assembly plant for production one (1) week after the Order Date. During this period, you may cancel your order or make any changes to your Device Configuration Notice without incurring any costs.
Notification of delivery: We will notify you of when we expect your Device to be ready for delivery by email (or any other reasonable means of communication available to us). You agree to schedule and take delivery of your Device within one (1) week of this date.
Extension: If you are unable to take delivery within the specified period, please contact us to request additional time, which we may grant at our sole discretion. You will be responsible for the risks of the loss of and damage to the Device arising during the time period after the specified delivery period, including any extension we may grant, has passed.
Breach: If you are unable to take delivery within the specified period, including any extension we may grant, you will be in breach of this Agreement and your Device may be made available for sale to other customers.
Estimate: The estimated delivery date of your Device is an estimate only and is not a guarantee of when your Device will actually be delivered.
Risk/Title/Costs: Unless otherwise notified to you, we will coordinate delivery of the Device to you via a third party carrier. In this respect, you agree that:
Insurance: We are not responsible for insuring the Device after the title and risk has passed to you under this Agreement. You are responsible to both arrange and pay for insurance for the Device.
Where more expedient or more cost effective we may arrange marine insurance on your behalf, for example, a shipment of multiple Devices to one destination. Such insurance premiums are for your account and will be included in the Final Price Sheet.
Security: You are not entitled to register any security interest in relation to the Device prior to the title and risk passing to you under this Agreement.
Warranty: The Ogo Technology New Device Limited Warranty set out at Schedule 1 and updated from time to time (the “Warranty”) will apply on and from the passing of title and risk under this Agreement.
No consequential damages: We accept liability to you for our breach of contract or negligence under the principles applied by the courts and for breach of any non-excludable rights under consumer protection laws and otherwise on the terms of this Agreement but, to the maximum extent permitted by law, we are not liable for any incidental, special, consequential or punitive damages.
Liability cap and time limit: Our aggregate liability under this Agreement is capped at the price actually paid to us by you under this Agreement. Any claim against us under this clause 8 must be made within one (1) year from the occurrence of the first event giving rise to that claim.
No resale: You acknowledge and agree that we sell devices directly to end consumers for personal use, and that you are not purchasing the Device for any other purpose, including the purposes of resale or reverse engineering (or to enable another person to carry out that purpose). We may unilaterally cancel any order that we believe (in our sole discretion) has been made for this purpose (or a similar purpose) or has otherwise been made in bad faith, without compensation to you.
Export and Import: We do not provide any assistance or support with respect to the export, homologation or registration of any of our Devices to any jurisdiction outside of the Home Jurisdiction other than as specifically required to be provided by us under applicable law. This means, among other things, that we will not, to the extent permitted by applicable laws, provide any documents, test reports, certifications or any other correspondence regarding the status of any of our Devices for purposes of facilitating any export or import outside our authorised channels.
Severability: If one or more provisions of this Agreement are held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.
Force Majeure: Despite any other provision of this Agreement, we will not be liable to you under this Agreement to the extent that any breach of this Agreement by us was caused by an event (or events) outside of our reasonable control, including acts of God, war, civil unrest, sabotage, epidemics, legislative change, labour stoppages or disputes, and electrical or telecommunications faults.
Governing law: The terms of this Agreement are governed by, and to be interpreted according to, the laws of New Zealand.
Assignment: We may assign this Agreement, at our sole discretion, by notice to you.
Entire Agreement: The terms of this Agreement constitute the entire understanding and agreement in relation of the subject matter of this Agreement between us and you. Terms not expressly contained herein are not binding.
Ogo provides this Limited Warranty to Purchasers of Ogo PMDs, separately purchased Ogo authorised parts, Accessories, and Service Repair.
Definitions: In this Limited Warranty, terms have the following meaning:
“Accessory” means a product sold by Ogo for use with an Ogo PMD, including Ogo PMD packages.
“Authorised Ogo Agent” means an agent of Ogo listed as an “authorised agent” on www.ogotechnology.com.
“Limited Warranty” means this Ogo Worldwide Limited Warranty.
“Ogo” means Ogo Technology Limited and Ogo Technology Pty. Limited of Deloitte, Level 16, 10 Brandon Street, Wellington 6011, New Zealand; Ogo Technology USA Inc. of 12 Timber Creek lane, Newark, State of Delaware, USA and any of their affiliates and agents.
“Ogo PMDs” means new and certified used Ogo Personal Mobility Devices
“Original Purchaser” means the first retail purchaser who acquires from Ogo or an Authorised Ogo Agent:
(a) a Ogo PMD;
(b) separately purchased Ogo authorised parts; or
“Purchaser” means the Original Purchaser and any person who acquires the Ogo PMD, separately purchased Ogo authorised parts, Accessory, or Service Repair during the period of Limited Warranty coverage and so notifies Ogo at firstname.lastname@example.org within ten (10) days of acquiring the Ogo PMD.
“RMA#” means a return materials authorisation number.
“Service Repair” means any repair performed by Ogo on an Ogo PMD or component part. Ogo shall solely determine whether the cause of any failure is a component part or a Service Repair. Ogo shall, within a reasonable period of time, perform Service Repair subject to the exclusions, limitations, and conditions stated below.
“User Manuals” means the instructions and warnings contained in the user manuals issued by Ogo.
New Ogo PMD: For a new Ogo PMD, Ogo guarantees the following parts (whether contained in an Ogo PMD or separately purchased) against defects in materials and workmanship for a period of one (1) year from the date that title and risk to the Ogo PMD passes from Ogo or an Authorised Ogo Agent to the Original Purchaser:(a) Ogo PMD Power Base;
Used Ogo PMD: For a certified used Ogo PMD, Ogo guarantees the following parts (whether contained in an Ogo PMD or separately purchased) against defects in materials and workmanship for a period of 180 days from date of certification:
(a) Ogo PMD Power Base;
(b) InfoKey Controller; and
Other components: Ogo guarantees all other components of the new and certified used Ogo PMD against defects in materials and workmanship for the shorter period of either (i) 90 days from date that title and risk passes from Ogo or an Authorised Ogo Agent to the Original Purchaser, (ii) 90 days from date of certification. Such other components include (whether contained in an Ogo PMD or separately purchased):
(a) Joy Stick;
(d) Control System;
(e) Stabilising Feet;
(g) Tyres (including Inner Tubes);
(h) Gen I Keys;
(i) InfoKey Dock;
(j) Power Cord;
(k) Charge Port Cover;
(l) Display Bezel; and
Replacement of components: Any component part replaced during the applicable warranty period will qualify for repair and replacement for the balance of the original applicable warranty. During the applicable warranty period, Ogo shall, within a reasonable period of time, repair or replace (with new or reconditioned parts of the same or similar style and with upgraded software, if appropriate), at its election, the defective component of the Ogo PMD or Accessory subject to the exclusions, limitations, and conditions stated in this Limited Warranty. Ogo may elect to simultaneously replace non-defective parts that are part of a subassembly that contains the defective component. Any replaced components, parts or Accessories (including defective parts and components that are part of a sub-assembly) will become the property of Ogo.
Exclusions: This Limited Warranty does not cover damage to a Ogo PMD, authorised or component part, or Accessory caused by any of the following:
Ogo’s obligations and liability for any defects in any Ogo PMD, component part, or Accessory are limited to repair or replacement of defective parts as required by this Limited Warranty. Ogo neither assumes (nor authorises anyone to assume for it) any other obligation or liability in connection with an Ogo PMD, component part, Accessory, Service Repair or this Limited Warranty. Ogo is not responsible for any loss of use of a Ogo PMD, component part, or Accessory or for any inconvenience or other loss or damage which might be caused from any defect in a Ogo PMD, component part, Accessory, or Service Repair or for any other incidental or consequential damages the Purchaser may have as a result of any defect in a Ogo PMD, component part, Accessory, or Service Repair.
Consumer Guarantees Act 1993 (NZ) and similar foreign laws: Without detracting from clause 7.1:
where an Ogo PMD is purchased primarily for use other than for personal and household use (e.g., business use) , the Consumer Guarantees Act 1993 (NZ) will not apply; but
where an Ogo PMD is purchased primarily for personal and household use, Ogo will meet its obligations under the Consumer Guarantees Act 1993; and
to the extent legally possible, all implied warranties and consumer protections outside NZ are excluded.
Jurisdiction: This Limited Warranty is exclusively governed by, and to be interpreted according to, the laws of New Zealand.