Segway Navimow H500E Wichtige Informationen Seite 8

3.5 All tamper-resistant seals must be intact, in place, and unmodified.
4. Limited Warranty Exclusions
This Limited Warranty describes the service available to you if your product requires warranty service, and you may have additional
protections under your local laws. This Limited Warranty does not cover and excludes damage to your product or any component thereof
caused by:
4.1 Abuse, misuse, recklessness, negligence, or commercial use.
4.2 Improper charging, storage, maintenance, or operation of the Product not in compliance with instructions or limitations as provided in
the user materials.
4.3 Use of the Product not in compliance with applicable laws and regulations.
4.4 Use of the Product by persons with inadequate experience.
4.5 Accident, collision, fire damage, water damage, chemical damage, use of the product outside of the product's working temperature
range, high-pressure water spray, earthquake, dropping.
4.6 Modifications to mechanical parts, modification of electronic parts, or modifications to software embedded in the Product.
4.7 Service, repair, and maintenance by unauthorized providers.
4.8 Cosmetic damages.
4.9 Use of the Product with third party product, component, or accessory.
4.10 The normal deterioration of wear and tear parts.
4.11 Use of the Product with overdue wear and tear parts.
5. LIABILITY DISCLAIMER AND LIMITATION
5.1 SEGWAY PARTIES DO NOT ASSUME OR AUTHORIZE ANYONE TO ASSUME ON ITS BEHALF, ANY OTHER OBLIGATION OR LIABILITY
IN CONNECTION WITH THE PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR THIS LIMITED WARRANTY.
5.2 SEGWAY PARTIES AND SEGWAY DEALERS ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCT, ITS COMPONENT
PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT
IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES YOU MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR SERVICE
REPAIR. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT IT IS DISALLOWED BY APPLICABLE LAW.
5.3 IN NO EVENT , SEGWAY PARTIES AND SEGWAY DEALERS' TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY AND ALL
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APPLICABLE LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED TO THE PURCHASE OF THE PRODUCT, USE
OF THE PRODUCT, BREACH OF CONTRACT, TORTS (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDS THE DUTY TO REPAIR OR
EN
REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO SEGWAY'S SOLE AND EXCLUSIVE DISCRETION. IN NO EVENT SHALL
BE SEGWAY PARTIES AND SEGWAY DEALERS BE LIABLE TO ANY PERSON FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE OR ENHANCED DAMAGED ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE
PURCHASE OF THE PRODUCT, ANY BREACH OF THIS AGREEMENT OR MANUFACTURER'S DUTIES REGARDLESS OF (A) WHETHER
SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SEGWAY OR OTHER SEGWAY PARTIES WERE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH
THE CLAIM IS BASED UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING
LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR ANY OTHER PERSON'S (WHO MIGHT HAVE RIGHT
OR CLAIM UNDER THIS AGREEMENT BY OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL THEIR
ESSENTIAL PURPOSE. IN THE EVENT SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN OR ALL OF
THE FOREGOING DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY
NOT APPLY TO YOU. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
5.4 To the extent permitted by applicable law, SEGWAY PARTIES and SEGWAY DEALERS hereby DISCLAIM any liability and thereby shall
not be responsible for any damages, including but not limited to death, bodily injury, or damages to property, arising out of or related
to any conduct (including misconduct), action, inaction, act (including failure to act), omission or negligence by any authorized or
unauthorized dealer, distributor, wholesaler, retailer, service provider or third party that involves into the distribution of Product or the
services thereto. To the extent permitted by applicable law, the explicit representations and warranties, if any, provided herein, shall be
the only warranties and representations made by SEGWAY PARTIES to YOU, any consumer, and/or end-user. and SEGWAY PARTIES
shall not be responsible for any other warranties and/or representations that may be given and/or provided by another person unless
SEGWAY PARTIES have in a written form explicitly authorized such additional warranty and/or representation to be given to consumer
or end-user.
6. Claims, Dispute Resolution and Arbitration
THE CLAUSES CONTAINED HEREIN ARE LEGALLY BINDING BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY), AND SEGWAY
DISCOVERY B.V., ITS AFFILIATES, SEGWAY PARTIES AND SEGWAY DEALERS. THE CLAUSES CONTAINED HEREIN MAY AFFECT YOUR
RIGHTS, AND IT IS YOUR RESPONSIBILITY TO READ THE FOLLOWING SECTIONS. YOU CAN OPT OUT OF THE AGREEMENT WITHIN 30
CALENDAR DAYS OF THE FIRST CONSUMER PURCHASE BY EMAILING OPTOUT@SEGWAY.COM AND PROVIDING THE APPLICABLE
INFORMATION. FOR MORE DETAILS, PLEASE SEE SECTION 6.2.
6.1 Binding Arbitration
Segway Parties, Segway Dealers and you agree that any dispute, controversy or claim arising out of, relating to or in connection with this
agreement, the limited warranty, the sale, condition or performance of the product, whether based in contract, tort, fraud,
misrepresentation, or any other legal theory at law or in equity, including but not limited to any claims for death, injury or property
damages, shall be governed by and construed in accordance with the laws of the Netherlands with the exclusion of its conflicts of law
provisions, and finally resolved by the International Chamber of Commerce (ICC) under the 2021 ICC Rules of Arbitration (ICC Rules) for
the time being in force, which Rules are deemed to be incorporated by reference into this clause. Further the Parties agree that:
i. The seat of the arbitration shall be Amsterdam, Netherlands.
ii. The Tribunal shall consist of 3 arbitrator(s).
iii. The language of the arbitration shall be English.
Section 6 "Claims, Dispute Resolution and Mandatory Arbitration"clause shall survive upon termination or expiration of this
agreement and/or limited warranty or in an event that this agreement and/or the limited warranty is held as void, avoidable, invalid, or
unenforceable, either in whole or part, by a competent adjudication institution with actual authority and jurisdiction over this matter.
6.2 Opt-Out
YOU MAY OPT OUT OF THIS DISPUTE RESOLUTION PROCEDURE BY PROVIDING NOTICE TO SEGWAY or SEGWAY PARTIES NO
LATER THAN THIRTY (30) CALENDAR DAYS AFTER THE DATE OF THE FIRST CONSUMER PURCHASER'S PURCHASE OF THE
PRODUCT. TO OPT-OUT, YOU MUST SEND NOTICE BY EMAIL AT OPTOUT@SEGWAY.COM, WITH THE SUBJECT LINE: "ARBITRATION
OPT-OUT." THE OPT-OUT NOTICE BY E-MAIL MUST INCLUDE (A) YOUR NAME, EMAIL ADDRESS, MAILING ADDRESS, AND PHONE
NUMBER; (B) THE DATE ON WHICH THE PRODUCT WAS PURCHASED; (C) THE PRODUCT MODEL NAME OR MODEL NUMBER; AND
(D) THE SERIAL NUMBER. ALTERNATIVELY, YOU MAY OPT OUT BY SENDING AN ELECTION TO OPT-OUT LETTER TO SEGWAY AT
Dynamostraat 7, 1014BN, Amsterdam, The Netherlands. CERTIFIED MAIL WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF
THE FIRST END USER'S PURCHASE OF THE PRODUCT FROM SEGWAY DEALER. THE OPT-OUT LETTER SHALL CONTAIN THE
FOLLOWING INFORMATION: (A) YOUR NAME, EMAIL ADDRESS, MAILING ADDRESS, AND PHONE NUMBER; (B) THE DATE ON
WHICH THE PRODUCT WAS PURCHASED; (C) THE PRODUCT MODEL NAME OR MODEL NUMBER; (D) THE SERIAL NUMBER; AND
(E) AN STATEMENT AS FOLLOWS: THE ABOVE CONSUMER ELECTS TO OPT-OUT THE DISPUTE RESOLUTION PROCEDURE AS
PROVIDED BY THIS LIMITED WARRANTY, THESE ARE THE ONLY TWO EFFECTIVE WAYS TO OPT-OUT THIS DISPUTE RESOLUTION
PROCEDURE. ELECTION TO OPT-OUT THIS DISPUTE RESOLUTION PROCEDURE WILL NOT AFFECT THE COVERAGE OF THE LIMITED
WARRANTY IN ANY WAY, AND YOU WILL CONTINUE TO ENJOY THE BENEFITS OF THE LIMITED WARRANTY.
6.3 Language
This Agreement may be translated into different languages. In the event of a conflict, the English version shall prevail and control.
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EN