Ogo Worldwide Warranty

1.  Application

1.1.  Ogo Technology provides this Limited Warranty to Purchasers of the Ogo Personal Mobility Devices, separately purchased Ogo authorised parts, Accessories, and Service Repair.

2.  Definitions

2.1.  Definitions: in this Limited Warranty, terms have the following meaning:

“Accessory” means a product sold by Ogo Technology for use with an Ogo, including as part of an Ogo package.

“Authorised Ogo Agent” means an agent of Ogo Technology listed as an “Authorised Agent” on www.ogotechnology.com/agents

“Certified ” means tested and approved by Ogo Technology as fit for purpose in the jurisdiction into which the Ogo is sold.

“Limited Warranty” means this Ogo Worldwide Limited Warranty.

“Ogo Technology” 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” means any new or Certified used Ogo Personal Mobility Device.

“Original Purchaser” means the first retail purchaser who acquires from Ogo Technology or an Authorised Ogo Agent:

(a)  an Ogo;
(b)  separately purchased Ogo authorised parts; or
(c)  Accessories.

“Purchaser” means:

(a)  the Original Purchaser; or
(b)  any person who acquires an Ogo, separately purchased Ogo authorised parts or Accessories; or
(c)  any person whose Ogo, separately purchased Ogo authorised parts, or Accessories receives a Service Repair, during the period of Limited Warranty coverage, and so notifies Ogo Technology at service@ogotechnology.com within ten (10) days of:

(i)  acquiring the Ogo separately purchased Ogo authorised parts, Accessories; or

(ii)  their Ogo, separately purchased Ogo authorised parts, or Accessories receiving a Service Repair.

“RMA#” means a return materials authorisation number.

“Service Repair” means any repair performed by Ogo Technology on an Ogo or authorised component part. Ogo Technology shall solely determine whether the cause of any failure is a component part or a Service Repair. Ogo Technology shall, within a reasonable period of time, perform Service Repair subject to the exclusions, limitations, and conditions stated below.

“User Materials” means the instructions and warnings contained in the User Manuals and User Video issued by Ogo Technology.

3.  Warranty

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

3.1.1.  New Ogo: For a new Ogo, Ogo Technology guarantees the following parts (whether contained in an Ogo or separately purchased Ogo authorised parts, or Accessories, or obtained during a Service Repair) against defects in materials and workmanship for a period of one (1) year from the date that title and risk to the Ogo passes from Ogo Technology, or an Authorised Ogo Agent, to the Original Purchaser:

(a)  Ogo Power Base;
(b)  InfoKey Controller;
(c)  Active Moving Seat; and
(d)  Batteries.

3.1.2.  Used Ogo:  For a Certified used Ogo, Ogo Technology guarantees the following parts (whether contained in an Ogo or separately purchased Ogo authorised parts, or Accessories, or obtained during a Service Repair) against defects in materials and workmanship for a period of 180 days from the date of Certification of the relevant part:

(a) Ogo PMD Power Base;
(b) InfoKey Controller; and
(c) Batteries.

3.1.2.  Other components: Ogo Technology guarantees all other components of the new Ogo and Certified used Ogo against defects in materials and workmanship for: (i) in the case of a new Ogo, 90 days from date that title and risk passes in the Ogo from Ogo Technology, or an Authorised Ogo Agent, to the Original Purchaser; or (ii) in the case of a Certified used Ogo, Ogo authorised parts, Accessories, 90 days from date of Certification. Such other components include (whether contained in an Ogo or separately purchased Ogo authorised parts, or Accessories, or obtained during a Service Repair):

(a)  Joystick;
(b)  Hand Grips;
(c)  Trim;
(d)  Control System;
(e)  Stabilising Legs;
(f)  Wheels;
(g)  Tyres (including Inner Tubes);
(h)  InfoKey Controllers;
(i)  Power Cord;
(j)  Auxiliary Battery Charger;
(k)  Charge Port Cover;
(l)  Accessories.

3.1.4.  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 (but, for the avoidance of doubt, the warranty period will not restart upon any repair or replacement). During the applicable warranty period, Ogo Technology 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 or Accessory subject to the exclusions, limitations, and conditions stated in this Limited Warranty. Ogo Technology 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 Technology.

4.  Exclusions

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

4.1.1.  all external causes such as dropping, accident, collision, fire, immersion in water, freezing, or striking objects;

4.1.2.   misuse such as riding over obstacles, overloading, racing, or otherwise using, maintaining or charging the Ogo, component part, or Accessory contrary to the User Materials;

4.1.3.   altering or modifying the Ogo, component part, or Accessory;

4.1.4.   loosening or opening the Under Seat Seal or Arm Covers of the Ogo or otherwise accessing the components within the Power Base (Controller Boards, Balance Sensor Assembly, Motors, Gearbox, and internal wiring) without authority from Ogo Technology;

4.1.5.  damage to the Stabilising Legs caused by stepping on or moving the Ogo with the Stabilising Legs deployed;

4.1.6.  deterioration of paint, trim, and appearance items that results from use and/or exposure to the elements;

4.1.7.   cleaning with a high-pressure water system, abrasives, or solvents;

4.1.8.   exposure to environmental conditions beyond the limits stated in the User Materials;

4.1.9.   failure to properly maintain or improperly servicing the Ogo, component part, or Accessory;

4.1.10.   damage caused by the use of non-Ogo parts or attachments;

4.1.11.   improper charging of the Ogo; or

4.1.12.   shipping of the Ogo in boxes/containers other than those recommended by Ogo Technology.

4.2.  User Materials:  See the User Materials for proper use, maintenance, and charging of an Ogo, component part, or Accessory.

5.  Repair & Replacement

5.1.   Contacting an Agent:  To be eligible for any repairs or replacements under this Limited Warranty, the Purchaser must contact its closest Authorised Ogo Agent (in writing) promptly upon becoming aware of the defect, and in any event, 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 Technology directly at service@ogotechnology.com.

5.2.   Process:  When contacting the Authorised Ogo Agent please describe the problem as fully as possible and provide:

(a)  proof of purchase,
(b)  proof of date of delivery to the Original Purchaser (and thereby proof of the date that title and risk to the Ogo pass to the Original Purchaser) or the date of Certification (as applicable);, and
(c)  the Serial Number of the Ogo (see User Manual for how to find your Ogo’s Serial Number).

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 Technology’s Service Centre to determine the procedure to be followed to repair or replace the Ogo, defective component, or Accessory. The general process will be:

5.2.1.   Delivery to Ogo Technology:  Ogo Technology will provide the Purchaser with an RMA#. The Purchaser shall then promptly (and at its own cost) deliver the Ogo, defective component, or Accessory to Ogo Technology or another Service Provider (as instructed by Ogo Technology), 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 Technology may give the Purchaser specific instructions in relation to the Lithium-ion Batteries.  The Purchaser shall use its reasonable endeavours to mitigate the costs it incurs in connection with the delivery of the Ogo, defective component or Accessory.

5.2.2.   Warranty service:  If the returned Ogo, component part or Accessory is defective and this Limited Warranty applies, Ogo Technology (or an Authorised Ogo agent or other Service Provider) shall, within a reasonable period of time repair the Ogo or repair or replace the defective component or Accessory (as applicable), and shall, subject to clause 5.2.6, reimburse the Purchaser for all reasonable costs incurred by the Purchaser in delivering the Ogo, component part or Accessory to Ogo Technology (or an Authorised Ogo agent or other Service Provider).

5.2.3.   Non-application of Warranty:  If the Limited Warranty does not apply to the Ogo, component part or Accessory (which shall be determined by Ogo Technology in accordance with this Limited Warranty and otherwise in Ogo Technology’s sole discretion), Ogo Technology (or an Authorised Ogo agent or other Service Provider) will notify the Purchaser. The Purchaser then may elect to carry out the repair at the Purchaser’s sole cost and arrange redelivery of the repaired Ogo, or repaired or new or reconditioned component, or Accessory in accordance with clause 5.2.4(a) or (b)(ii) below.  If the Purchaser chooses not to have the item repaired or replaced by Ogo Technology, the Purchaser shall promptly arrange for the re-delivery of the Ogo, component or Accessory (at its own cost) and acknowledges that risk in such item remains with the Purchaser at all times from delivery under clause 5.2.1 and shall not, at any time, transfer to Ogo Technology.

5.2.4.   Return to Purchaser:   Following repair or replacement of an Ogo, defective component or Accessory under clause 5.2.2 or 5.2.3, the Purchaser shall then either:

(a)  Pick up:   if 5.2.2 or 5.2.3 applies, pick up (at its own cost) the repaired Ogo, or repaired or new or reconditioned component, or Accessory from Ogo Technology or an Authorised Ogo Agent or other Service Provider (as relevant); or

(b)  Redelivery:

(i)  if clause 5.2.2 applies, request Ogo Technology to promptly arrange for redelivery of the repaired Ogo, or repaired or new or reconditioned component, or Accessory, where, subject to clause 5.2.6, Ogo Technology shall be responsible for paying the reasonable costs of such redelivery (to the Authorised Ogo Agent or other Service Provider or Purchaser).

(ii)  if clause 5.2.3 applies, promptly arrange for and pay the cost of redelivery of the repaired Ogo, or repaired or new or reconditioned component, or Accessory (to and from Ogo Technology or an Authorised Ogo Agent or other Service Provider).

5.2.5.   The Purchaser acknowledges and agrees that, under both 5.2.4 (a) and (b), risk in the repaired Ogo, or repaired or new or reconditioned component or Accessory will pass to the Purchaser upon such item being ready for pickup by the Purchaser or the Purchaser’s shipping provider (from Ogo Technology, Authorised Ogo Agent or other Service Provider, as applicable). Ogo Technology will not be responsible for risk of loss or damage at any time during pick up or shipping (including any loading or unloading process undertaken by the Purchaser or the Purchaser’s shipping provider), and it is the Purchaser’s responsibility to arrange any insurances (if desired) for such period.

5.2.6.   Despite any provision to the contrary in this Limited Warranty, the Purchaser acknowledges and agrees that Ogo Technology’s responsibility for delivery or re-delivery costs under this Limited Warranty shall not, in any situation whatsoever, extend to the cost of shipping outside of the country in which the relevant Ogo, component or accessory was purchased by the Purchaser.  Neither shall Ogo Technology be responsible for or be required to meet any associated export/import obligations (including the payment of duties, taxes or other charges, if any). 

6.  Liability

6.1.   Ogo Technology’s obligations and liability for any defects in any Ogo, component part, or Accessory are limited to repair or replacement of defective parts as specified in clause 5 of this Limited Warranty. Ogo Technology neither assumes (nor authorises anyone to assume for it) any other obligation or liability in connection with an Ogo, component part, Accessory, Service Repair or this Limited Warranty. Ogo Technology is not responsible for any loss of use of an Ogo, component part, or Accessory or for any inconvenience or other loss, damage or injury which might be caused from any defect in an Ogo, component part, Accessory, or Service Repair or for any other incidental or consequential damages the Purchaser may incur as a result of any defect in an Ogo, component part, Accessory, or Service Repair.

7.  General

7.1.   Exclusive warranty:   This Limited Warranty is the only warranty applicable to an Ogo, component parts, accessories, and Service Repair. Ogo Technology disclaims all other warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose, other than those implied warranties incapable of exclusion, restriction, or modification under applicable law.

7.2.   Consumer Guarantees Act 1993 (NZ) and similar foreign laws:  Without detracting from clause 7.1:

7.2.1.   where an Ogo 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

7.2.2.   where an Ogo is purchased primarily for personal and household use, Ogo Technology will meet its obligations under the Consumer Guarantees Act 1993 (NZ); and

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

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

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