Ogo Worldwide Limited Warranty
1.1. Ogo Technology provides this Limited Warranty to Purchasers of the Ogo Personal Mobility Devices (“Ogo”), separately purchased Ogo authorised parts, Accessories, and Service Repair.
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 Ogo packages.
“Authorised Ogo Agent” means an agent of Ogo Technology listed as an “Authorised Agent” on www.ogotechnology.com/agents
“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 new and certified used Ogo Personal Mobility Devices
“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
“Purchaser” means the Original Purchaser and any person who acquires an Ogo, separately purchased Ogo authorised parts, Accessory, or Service Repair during the period of Limited Warranty coverage and so notifies Ogo Technology at email@example.com within ten (10) days of acquiring the Ogo.
“RMA#” means a return materials authorisation number.
“Service Repair” means any repair performed by Ogo Technology on an Ogo or component part. Ogo Technology shall solely determine whether the cause of any failure is a component part
“User Materials” means the instructions and warnings contained in the User Manuals and User Video issued by Ogo Technology.
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) 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
3.1.2. Used Ogo: For a certified used Ogo, Ogo Technology guarantees the following parts (whether contained in an Ogo or separately purchased) against defects in materials and workmanship for a period of 180 days from the date of certification:
(a) Ogo PMD Power Base;
(b) InfoKey Controller; and
3.1.2. Other components: Ogo Technology guarantees all other components of the new and certified used Ogo against defects in materials and workmanship for the shorter period of either (i) 90 days from date that title and risk passes from Ogo Technology or an Authorised Ogo Agent to the Original Purchaser, or (ii) 90 days from date of certification. Such other components include (whether contained in an Ogo or separately purchased):
(b) Hand Grips;
(d) Control System;
(e) Stabilising Legs;
(g) Tyres (including Inner Tubes);
(h) InfoKey Controllers;
(i) Power Cord;
(j) Auxiliary Battery Charger;
(k) Charge Port Cover;
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. 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.
4.1. 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 the Ogo, component part, or Accessory contrary to the User Manuals;
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 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 Technology directly at firstname.lastname@example.org.
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), 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 may provide the Purchaser with an RMA#. The Purchaser shall then 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
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 and repair the Ogo, or repair or replace the defective component, or Accessory, and shall 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 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 their cost or arrange redelivery of the Ogo in accordance with clause 5.2.4 below.
5.2.4. Return to purchaser: Purchaser shall then either:
(a) Pick up: pick up 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), regardless of whether clause 5.2.2 or 5.2.3 applies; or
(i) if clause 5.2.2 applies, arrange for redelivery of the Ogo with Ogo Technology, where Ogo Technology shall be responsible for paying the cost of shipping to the Authorised Ogo Agent or other Service Provider or Purchaser when returning the Ogo, replacement part, or Accessory. The risk will pass to the Purchaser upon the Ogo, replacement part, or Accessory upon dispatch from Ogo Technology or an Authorised Ogo Agent or other Service Provider (as relevant). Ogo Technology 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 Technology or an Authorised Ogo Agent or other Service Provider and Purchaser shall bear the risk of loss during shipping for any Ogo, defective component, or Accessory for which Purchaser claims this Limited Warranty applies.
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 required by 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 have as a result of any defect in an Ogo, component part, Accessory, or Service Repair.
7.1. Exclusive warranty: This Limited Warranty is the only warranty applicable to Ogos, 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 warranties implied by and 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; 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.