Schedule 1. Ogo Worldwide Limited Warranty

 

  1. APPLICATION


    1. Ogo provides this Limited Warranty to Purchasers of Ogo PMDs, separately purchased Ogo authorised parts, Accessories, and Service Repair.
       

  2. DEFINITIONS


    1. 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
      (c) Accessories.

      “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 service@ogotechnology.com  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.
       

  3. WARRANTY


    1. Warranty: Subject to the exclusions, limitations and conditions stated in this Limited Warranty:

      1. 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;
        (b) InfoKey Controller;
        (c) Active Moving Seat; and
        (d) Batteries.
         
      2. 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
        (c) Batteries.
         

      3. 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;
        (b) Grips;
        (c) Trim;
        (d) Control System;
        (e) Stabilising Feet;
        (f) Wheels;
        (g) Tyres (including Inner Tubes);
        (h) Gen I Keys;
        (i) InfoKey Dock;
        (j) Power Cord;
        (k) Charge Port Cover;
        (l)  Display Bezel; and
        (m) Accessories.
         

      4. 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.
         

  4. EXCLUSIONS


    1. Exclusions: This Limited Warranty does not cover damage to a Ogo PMD, authorised or component part, or Accessory caused by any of the following:

      1. all external causes such as dropping, accident, collision, fire, immersion in water, freezing, or striking objects;
      2. misuse such as riding over obstacles, overloading, racing, or otherwise using the Ogo PMD, component part, or Accessory contrary to the User Manuals;
      3. altering or modifying the Ogo PMD, component part, or Accessory;
      4. loosening or opening the Console Cover Plate of the Ogo PMD or otherwise accessing the components within the Power Base (Controller Boards, Balance Sensor Assembly, Motors, Gearbox, and internal wiring) without authority from Ogo;
      5. damage to the Stabilising Feet caused by stepping on or moving the Ogo PMD with the Stabilising Feet deployed;
      6. deterioration of paint, trim, and appearance items that results from use and/or exposure to the elements;
      7. cleaning with a high-pressure water system, abrasives, or solvents;
      8. exposure to environmental conditions beyond the limits stated in the User Manuals;
      9. failure to properly maintain or improperly servicing the Ogo PMD, component part, or Accessory;
      10. damage caused by use of non-Ogo parts or attachments;
      11. improper charging of the Ogo PMD; or
      12. shipping of the Ogo PMD in boxes other than those recommended by Ogo.
    2. User Manuals: See the User Manuals for proper use, maintenance, and charging of an Ogo PMD, component part, or Accessory.
       
  5. REPAIR AND REPLACEMENT


    1. Contacting an agent: To obtain repair or replacement under this Limited Warranty, the Purchaser must contact an Authorised Ogo Agent within the applicable warranty period. Find the closest Authorised Ogo Agent on www.ogotechnology.com. If you are unable to contact your local Authorised Ogo Agent you may contact Ogo directly at  service@ogotechnology.com
    2. Process: When contacting the Authorised Ogo Agent please describe the problem as well as provide proof of purchase, proof of date of delivery to the Original Purchaser (and thereby proof of the date that title and risk to the Ogo PMD passes to the Original Purchaser) or proof of certification, and the serial number of the Ogo PMD. If the Purchaser is unable to resolve the problem with the assistance of the Authorised Ogo Agent, and if this Limited Warranty applies, the Authorised Ogo Agent will contact Ogo’s service centre to determine the procedure to be followed to repair or replace the Ogo PMD, defective component, or Accessory. The general process will be:
      1. Delivery to Ogo: Ogo may provide the Purchaser with a RMA#. Purchaser shall then deliver the Ogo PMD, defective component, or Accessory to Ogo or another service provider (as instructed by Ogo), properly packaged (so as to prevent damage during shipment) and with the RMA# written on the outside of the packaging. Because of shipping restrictions, Ogo may give the Purchaser specific instructions in relation to the Lithium-ion battery pack.
      2. Warranty service: If the returned Ogo PMD, component part or Accessory is defective and this Limited Warranty applies, Ogo (or an Authorised Ogo agent or other service provider) shall, within a reasonable period of time, repair the Ogo PMD, or repair or replace the defective component, or Accessory, and reimburse the Purchaser for all reasonable costs incurred by the Purchaser in delivering the Ogo PMD, component Part or Accessory to Ogo (or an Authorised Ogo agent or other service provider)
      3. Non-application of Warranty: If the Limited Warranty does not apply to the Ogo PMD, component part or Accessory (which shall be determined by Ogo in accordance with this Warranty and otherwise in Ogo’s sole discretion), Ogo (or an Authorised Ogo agent or other service provider) will notify the Purchaser. The Purchaser then may elect carry out the repair at their cost, or arrange redelivery of the Ogo in accordance with clause 15.2.4 below.
      4. Return to purchaser: Purchaser shall then either:

        (a) Pick up: pick up the repaired Ogo PMD, or repaired or new or reconditioned component, or Accessory from Ogo or an Authorised Ogo Agent or other service provider (as relevant), regardless of whether clause 5.2.2 or 5.2.3 applies; or
        (b) Redelivery: 

        (i) if clause 5.2.2 applies, arrange for redelivery of the Ogo PMD with Ogo, where Ogo shall be responsible for paying the cost of shipping to the Authorised Ogo Agent or other service provider or Purchaser when returning the Ogo PMD, replacement part, or Accessory. The risk will pass to the Purchaser upon the Ogo PMD, replacement part, or Accessory upon dispatch from Ogo or an Authorised Ogo Agent or other service provider (as relevant). Ogo will not be responsible for the risk of loss during shipping, and it is the Purchaser’s responsibility to arrange any insurances (if desired), and to meet any export/import obligations (including the payment of charges, if any).
        (ii) if clause 5.2.3 applies, pay the cost of shipping to Ogo or an Authorised Ogo Agent or other service provider and Purchaser shall bear the risk of loss during shipping for any Ogo PMD, defective component, or Accessory for which Purchaser claims this Limited Warranty applies.
         
  6. LIABILITY


    1. 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.
       

  7. GENERAL


    1. Exclusive warranty: This Limited Warranty is the only warranty applicable to Ogo PMDs, component parts, accessories, and service repair. Ogo disclaims all other warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose, other than those warranties implied by and incapable of exclusion, restriction, or modification under applicable law.
    2. Consumer Guarantees Act 1993 (NZ) and similar foreign laws: Without detracting from clause 7.1:

      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

      2. where an Ogo PMD is purchased primarily for personal and household use, Ogo will meet its obligations under the Consumer Guarantees Act 1993; and

      3. to the extent legally possible, all implied warranties and consumer protections outside NZ are excluded.

    3. Jurisdiction: This Limited Warranty is exclusively governed by, and to be interpreted according to, the laws of New Zealand.