BIRD SCOOT Supplement

OWNER’S MANUAL & WARRANTY

California
DISCLAIMERS:

TABLE OF CONTENTS
INCLUDED .................................................................................... 1
INTRODUCTION .......................................................................... 1
SAFETY .......................................................................................... 2
Before Riding the E-Bike ........................................................ 3
While Riding the E-Bike ......................................................... 3
Off-Road Riding ....................................................................... 3
Wet-Weather Riding ............................................................... 4
Night Riding ............................................................................. 4
Extreme and Aggressive Riding ............................................ 4
E-Bike Safety ........................................................................ 4-5
10 Safety Topics from the U.S. Government ...................... 5
OPERATION
E-Bike Diagram ....................................................................... 6
Initial Ride ................................................................................ 7
Using The Throttle ................................................................... 7
Using The Brakes .................................................................... 7
Using The Turn-Signals ........................................................... 7
Headlight & Brake Light ........................................................ 7
Using The Horn ........................................................................ 7
Adjusting The Mirrors ............................................................. 7
Using The Kickstand ............................................................... 7
Reading The LCD Display ....................................................... 8
Connecting to The Bird APP .................................................. 8
Access The Storage Case ....................................................... 8
Specifications .......................................................................... 8
MAINTENANCE
Removing The Battery ............................................................ 9
Charging The Battery ......................................................... 9-10
TROUBLESHOOTING .............................................................. 11
WARRANTY ......................................................................... 12-16

1
Owner’s Manual
CONTACT INFORMATION:
E-Mail: [email protected]
Phone: [phone]
e-bike
INCLUDED INTRODUCTION
E-BIKE
BATTERY
QUICK START
GUIDE
USER MANUAL
& WARRANTY
CHARGER
e-bike

2
!
WARNING
!
drugs.
1SAFETY
Be sure to understand and follow all local laws and regulations
and to have maintenance/repairs done by an authorized Bird
dealer. Never use/ride any Bird product in ways unintended by the
manufacturer and never exceed the weight limit of any product.
Do not operate this product in traffic or any
other environment that may present danger
until you are confident with the product and all
installed accessories such as lights, passenger
seat, etc. Failure to do so could result in death
or serious injury.
In order to ride, you must be over 18 years of age. Always wear
a helmet, whether the law requires one or not! Wear a properly
fitting DOT, ANSI or Snell (CE for Europe) approved bicycle
safety helmet and protective safety gear (knees, elbows, etc.) at
all times when riding the e-bike.
Use only parts/accessories approved by Bird, and have all
installation preformed by a mechanic authorized by Bird.
Installation of unauthorized parts/accessories may void
the product's warranty. In addition, improper installation
of any parts/accessories as well as improper maintenance may
void the product’s warranty.
!
WARNING
!
Never disassemble or modify any electronic
component of the bicycle. Doing so is extremely
dangerous and could result in death, serious injury
or void the warranty.
!
WARNING

SAFETY
BEFORE RIDING THE E-BIKE
•
•
•
•
•
WHILE RIDING THE E-BIKE
•
•
•
•
•
•
•
•
OFF-ROAD RIDING
3
e-bike

4
WET-WEATHER RIDING
!WARNING
!
NIGHT RIDING
EXTREME AND AGGRESSIVE RIDING
•
•
•
•
•
•
ELECTRIC BICYCLE SAFETY
•
•
•
•
Avoid riding in wet weather if possible. Reduce your
speed if necessary to ride in wet weather. Wet
weather impairs visibility, braking and traction of the
e-bike and affects others sharing the road. Accidents
increase in wet weather conditions.
!WARNING
!
Be sure to use an adequate lighting system when
riding at night or at any other times of poor visibility.
Riding at night or at any other times of poor visibility
without an adequate lighting system and without
reflectors may result in death or serious injury.
!WARNING
!
The e-bike design has limitations regarding strength
and integrity. Extreme, stunt and competition riding
can exceed those limitations. The manufacturer does
not recommend these types of riding. Also, extreme,
stunt and competition riding increases the risks of
death and serious injury.
Night riding is far more dangerous than riding during the day. Be
sure to wear reflective clothing. Verify that you comply with local
law about night riding.
Reflectors are not a substitute for required lights. Reflectors help
others see you by picking up and reflecting car lights and
streetlights. Do not remove the reflectors from the e-bike.

SAFETY
5
•
•
•
•
•
•
•
10 SAFETY TOPICS FROM THE U.S.
GOVERNMENT
•
•
•
•
•
•
•
•
•
•Don’t flip over your e-bike. Wheels should be
securely fastened.
Assure bicycle readiness. Make sure your e-bike is
adjusted properly.

2OPERATION
6
E-BIKE DIAGRAM
Left & Right
Rear facing
Turn-Signal
Lights
Side View
Mirrors
Front
Reflector
Front
Brakes
Front
Air-Filled
Tire
Rear
Air-Filled
Tire
Front Wheel
Reflector
Back Wheel
Reflectotr
Dual
Rear Seat
shocks
Signal Switch
(Left Handle) Horn Button
(Left Handle)
Throttle
(Right Handle)
Rear
Reflector
Rear
Wheel
Brake
Helmet
Case
Seat Rack
Rear
Reflector
Kickstand
Left & Right
Foot Pegs
LCD
Display
QR Code
Battery
Charge
Port
Battery
Bannana
Seat
Front (Left)
& Rear (Right)
Brake levers
Headlight
Left & Right
Front facing
Turn-Signal
Lights

OPERATION CONT.
7
USING THE THROTTLE
The throttle allows rider to control the e-bike’s speed. Slowly
twist the inner-portion of the right grip clock-wise to accelerate.
(see figure 1)
USING THE TURN SIGNALS
Rock the switch, with the left and right arrow icons located on
the left handle bar, left or right to alert other riders of your intent.
(see figure 1 for switch location, 3 & 4 for light locations)
USING THE HORN
Press the button with a the horn icon, located on the left
handlebar control, to engage and signal riders of your location.
(see figure 1)
USING THE BRAKES
The e-bike is quipped with front and rear disk brakes use to slow
down and stop.
NOTE: Apply the rear brake before the front in low-traction
conditions.
• The brake on the front wheel is controlled by the lever on the
left-hand side of the handlebar. (see figure 1)
• The brake on the front wheel is controlled by the lever on the
left-hand side of the handlebar. (see figure 2)
INITIAL RIDE
SAFETY CHECK BEFORE EACH RIDE
•
•
•
•
•
•
Fig. 1 - Left Brake, Turn-Signal Rocker Switch,
Horn button, & Left Mirror
Fig. 2 - Throttle, Right Brake, & Right Mirror
Fig. 3 - Headlight & Front Turn-Signals
USING THE KICKSTAND
Pull down and rock the bike back until it sits on the stand and
back tire. The front tire will no longer be touching the ground.
ADJUSTING THE MIRRORS
There are two rear-view mirrors located on each side of the
handlebars. Adjust to view behind you while riding.
HEADLIGHT & BRAKE LIGHT
Headlight will turn on when bluetooth device is connected. Brake
light will turn on when brakes are engaged.
(see figure 3 & 4)
Fig 4. - Rear Turn-Signals, Brake light, & Case
?

8
Fig. 5 - Scan QR code found on e-bike’s fork
Fig. 6 - Hold smart device near case and push red button
to open case.
SPECIFICATIONS
Dimensions (L x W x H) 40x17x45”
(102×43×113cm)
Weight Net 100 lbs
Rider Payload 410 lbs
Rec. Age 18+ years
Required Height 5’2” & above
Parameters Max. Speed 20 MPH
Range [1] 45+ miles @ 10 mph
Operating Temp. 14–104°F (-10–40°C)
Storage Temp. -4–122°F (-20–50°C)
IP Rating IP66/IP67
Battery Nominal Power 36 VDC
Max. Charging Volt. 52 VDC
Charging Temp. 32-104°F (0–40°C)
Motor Nominal Power 750 W
Max. Power 1300 W
Charger Output Power 71 W
Input Voltage 100-240 VAC
Output Voltage 42 VDC
Output Current 1.7 A
Charge Duration 3.5 h
Features Shock Absorber Rear
Brake Light LED rear light
READING THE LCD DISPLAY
Reads the current speed and battery pack charge in increments
of 25%.
ACCESS THE STORAGE CASE
While connected to the “BIRD” app, hold your smart device near
the case and push the red button to open it. (see figure 6)
CONNECTING TO THE BIRD APP
• Download the “BIRD” app (Google Play for Android; App Store
for Apple) to your bluetooth-enabled smart device.
• Scan the QR code, located on the top of the e-bike’s fork, to
Bluetooth pair your mobile app on your device with the bike.
(see figure 5)

9
3MAINTENANCE
REMOVING THE BATTERY
1. Be sure e-bike is turn off.
2. Locate the keyhole on the left side of the top tube, near
the display. Insert included key, rotate it clock-wise,
and hold.
3. Pull the upper portion of the battery towards the keyhole.
4. Once battery is released, stop turning key.
5. Lift battery up, away from the e-bike.
CHARGING THE BATTERY
1. Locate the charging port dust cover on the top left
side of the battery. Rotate to expose the DC
three-prong DC charge port.
2. Connect the AC power cable into the charger and plug
the cable into the power outlet. The charger will
automatically start charging the battery.
2/4
3/5
1
Charging in 4 hours increments after riding.
After charging, mount battery and ride
e-bike for a few minutes to see battery level
on the e-bike LCD display.
!WARNING
!

•
•
•
•
•
•
•
•
•
•
•
•
•
•
10
The battery can ONLY be charged when removed from
the e-bike
It is highly recommended you charge the battery pack after
every ride, even if the battery pack is only lightly used.
An on-board circuit prevents the battery pack from
overcharging. The battery pack can achieve 500-700 full charge
cycles. As the battery pack receives more charge cycles, the
capacity will decrease. Charging a partially discharged battery
pack is not considered a full charge cycle.
Cold environments temporarily reduce the battery pack’s
capacity. Avoid using the e-bike in very hot weather. Store the
e-bike in sheltered place.
Fully charge the battery pack before your first use. The charger
included with the e-bike recognizes the battery pack’s initial
charge and will automatically cease charging when the battery
pack is fully charged. Always charge the battery pack before a
long trip.
Read and understand all instructions. Failure to
follow all instructions listed below could result in
death or serious personal injury.
!WARNING
!
Recharge the battery pack at least once every
month. A battery pack left unused for several
months may result in permanent capacity loss.
!WARNING
!

SYMPTOMS POSSIBLE CAUSES SOLUTIONS
Reduced speed • Low battery power • Charge battery
Reduced battery range
• Low battery power
• Low tire pressure
• Heavy load on bike
• Driving on rough
terrain
• Using throttle only
• Charge battery
• Inspect tire
• Adjust bike load
• Adjust route
• Include pedal assist
Battery does not charge
• Charger not properly
connected
• Battery temperature
• Damaged charger
• Issue with battery
• Inspect connections
• Visit our website for
best practices
• Replace charger
• Contact Support
Team
E-bike making strange
noises
• Loose hardware
• Issue on drivetrain
• Issue with motor
• Tune-up and
inspection needed
• Maintenance needed
• Contact Support
Team
11
4TROUBLESHOOTING
[email protected]
Tel: [phone]
email us or call

5WARRANTY
12
This is the limited warranty ("Limited Warranty") for the
Scoot Electric Bicycle ("Product") for consumers in North
America. This Limited Warranty describes the service
available to you in the event your Product requires
warranty service, and you may have additional
protections under your local laws.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
COUNTRY TO COUNTRY AND STATE TO STATE.
This sheet and the original purchase receipt for the
purchase of your Product are the documents defining the
Limited Warranty. Please retain this document and the
original purchase receipt to preserve your warranty service.
CONTACTS
Service E-mail: [e-mail]
Service Telphone Toll Free: 1- 888-970-0751
This Product’s warranty is supported by Consumer
Mobility Services (“CMS”).
1. Limited Warranty Period
This Limited Warranty covers all manufacturer’s defects in
material and workmanship of the Product arising or
occurring as a result of your normal and ordinary use of
the Product. In the event a defect covered by this Limited
Warranty occurs, CMS will repair or replace your Product
in accordance with the terms of this Limited Warranty.
The applicable period for the Limited Warranty begins
from the original purchase date of the Product from an
authorized retailer.
REPLACEMENTS AND REPAIRS
The longer of: (i) the remainder of the original Limited
Warranty for the Product; or (ii) 90 days from the
consumer's date of receipt of the replacement or
repaired Product.
2. Limited Warranty Service Process
If you believe your Product has a defect, please contact
CMS at 1- 888-970-0751 or email
[e-mail]. CMS’s technical support
personnel are available to assist you in diagnosing and fixing
any problems you may encounter in the use of your Product.
In the event we cannot help you fix the problem. You may be
entitled to warranty service under this Limited Warranty.
Under normal use, the main frame, battery and charger of
this Product are covered against all manufacturer’s
defects for a period of (1) one year from date of
purchase. Components that are subject to wear (please
see below for the list) are covered against manufacturer’s
defect for a period of ninety (90) days.
• Deck lid
(rubber components)
• Handlebar Grips
• Front tire
• Rear tire
• Front Fender
• Rear Fender
• Charger port cover
In order to submit your Product for warranty service
pursuant to this Limited Warranty, you will be asked to
provide CMS with (i) the proof of purchase from an
authorized retailer; and (ii) the Product's serial number.
Upon verification of your eligibility, you will need to provide
your name, email address. Mailing address and contact
telephone number in order to receive a return materials
authorization ("RMA") number. CMS must receive your
defective Product within thirty (30) days from CMS’s
issuance of an RMA to you. CMS may direct you to a
designated third party for warranty repairs.
You must include your defective Product within the
CMS-provided or CMS-approved packaging for shipment
to CMS. You are responsible for any damages caused by
your improper packaging or shipment of the Product to
CMS, or risk of loss during transit.
An authorized service provider will conduct an inspection
of your Product. If CMS determines that the problem is not
covered under the Limited Warranty, CMS will notify you
and inform you of service or replacement alternatives that
are available to you on a fee basis, or CMS will return your
Product to you unrepaired.
For eligible warranty claims, CMS will service defective
Products with new or reconditioned parts of same or
similar style at no cost to you for the service. Parts
replaced by CMS will be retained by, and become the
property of CMS. For eligible warranty claims, CMS will
pay reasonable return shipping charges for the return of
the Product to you.
3. Limited Warranty Eligibility
3.1 Your request for service must be received by CMS
within the Limited Warranty Period as described
above, and CMS must receive your Product in
accordance with the Limited Warranty Service
Process defined above.
3.2 Your Product must be purchased from an
authorized reseller of the Product.
3.3 You must retain the original purchase receipt and
your Limited Warranty, and provide this
documentation to CMS to verify your warranty
eligibility.
3.4 This Limited Warranty describes the service
available to you in the event your Product requires
warranty service.
3.5 Your Product must have the serial number clearly
legible, unobscured, uneffaced and unmodified.
4. Limited Warranty Exclusions
This Limited Warranty describes the service available to
you in the event 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:
4.1 Caused by abuse, misuse, neglect or commercial use.
4.2 Caused by improper charging, storage, or operation,
including, without limitation, use contrary to the
owner's manual and other documentation, use other
than in accordance with specified weight and age
limits, use on stairs, walls and curbs, or any extreme
sport or exhibition use.
4.3 Caused by accident, collision, riding over obstacles,
racing, fire, water submersion, high pressure water
spray, freezing, earthquake, dropping, severe
oxidation, or chemical solvent corrosion.
4.4 Caused by any repair that was unauthorized by CMS.
4.5 Caused from improper packaging or mishandling
during shipment to the warranty-service provider.
4.6 That is cosmetic, including, scratches, dents and the
removal of protective coatings that are designed to
diminish over time, unless such damage occurred
due to a defect in materials.
4.7 Caused by the use of the Product with, or any
modification to the Product using, any third party
product, component or accessory that is not sold
by CMS.
5. Liability Disclaimer and Limitation
CMS does not assume, nor authorizes anyone to assume
on its behalf, any other obligation or liability in connection
with a Product. Its component parts, accessories, service
repair, or this Limited Warranty. CMS is 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, it’s component parts, accessories, service repair,
or for any other incidental or consequential damages the
purchaser may have as a result of any defect in a Product,
its component parts, accessories, or service repair.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY
APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS,
ACCESSORIES, AND SERVICE REPAIR. CMS AND ITS
AFFILIATED COMPANIES DISCLAIM ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES IM PLIED BY
AND INCAPABLE OF EXCLUSION, RESTRICTION. OR
MODIFICATION UNDER APPLICABLE LAW. ANY SUCH
IMPLIED WARRANTIES WHICH MAY BE REQUIRED BY LAW
AND ARE NOT DISCLAIMED HEREBY ARE LIMITED, TO THE
EXTENT ALLOWED BY LAW, TO THE APPLICABLE PERIOD OF
THIS LIMITED WARRANTY, OR TO THE APPLICABLE TIME
PERIOD PROVIDED BY THE APPLICABLE COUNTRY/STATE
LAW, WHICHEVER PERIOD IS SHORTER. SOME
COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. SOME
COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO SOME PURCHASERS.
CMS'S TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS,
JOINT AND SEVERALLY, ARISING HEREUNDER AND ANY AND
ALL APPLICABLE WARRANTIES AT LAW ARE LIMITED TO THE
REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCT, AS
DETERMINED IN CMS'S DISCRETION, AND ALL INCIDENTAL
AND CONSEQUENTIAL DAMAGES ARE HEREBY EXCLUDED,
UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE
PROHIBITED BY APPLICABLE LAW. SOME
COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
6. Claims and Dispute Resolution
CMS AND YOU AGREE THAT ALL CLAIMS OR DISPUTES
ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR
THE SALE, CONDITION OR PERFORMANCE OF THE
PRODUCT, WHETHER BASED IN CONTRACT, TORT,
STATUTORY, FRAUD, MISREPRESENTATION OR ANY OTHER
LEGAL THEORY, AND ALL CLAIMS THAT ARE SUBJECT OFA
PURPORTED CLASS ACTION LITIGATION THAT YOU ARE NOT
A MEMBER OF THE CERTIFIED CLASS, SHALL BE RESOLVED
THROUGH ARBITRATION AS PROVIDED FOR HEREIN, OR IN
SMALL CLAIMS COURT, AND NOT BY A TRIAL BY JURY. YOU
WAIVE THE RIGHT TO A TRIAL BY JURY, AND WAIVE THE
RIGHT TO PARTICIPATE IN CLASS ACTIONS ARISING FROM
OR RELATING TO ANY AND ALL CLAIMS AND DISPUTES
WITH CMS. YOU AGREE THAT YOU MAY ARBITRATE CLAIMS
AGAINST CMS ONLY IN YOUR INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF, A CLASS REPRESENTATIVE, OR CLASS
MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
THIS AGREEMENT EVIDENCES A TRANSACTION IN
INTERSTATE COMMERCE, AND THUS THE FEDERAL
ARBITRATION ACT GOVERNS THE INTERPRETATION AND
ENFORCEMENT OF THIS PROVISION. THIS PARAGRAPH
SHALL SURVIVE THE TERMINATION
OF THIS LIMITED WARRANTY. CMS REQUIRES THAT YOU
ARBITRATE YOUR CLAIMS AGAINST CMS PURSUANT TO THE
ARBITRATION DESCRIBED BELOW PRIOR TO YOUR EXERCISE
OF YOUR RIGHTS PURSUANT TO TITLE I OF THE
MAGNUSON-MOSS WARRANTY ACT. TITLE I OF THE
MAGNUSON-MOSS WARRANTY ACT DOES NOT REQUIRE
YOU TO PURSUE RIGHTS AND REMEDIES AVAILABLE TO YOU
THAT ARE NOT PROVIDED BY TITLE I OF THE MAGNUSON-
MOSS WARRANTY ACT.
Any such arbitration shall not be combined or
consolidated with a claim or dispute involving any other
person's or entity's product or claim or dispute, and
specifically. Without limitation of the foregoing. Shall not
under any circumstances proceed as part of a class
action or class arbitration. If you intend to seek arbitration
you must first email CMS at [e-mail] a
notice of dispute, at least thirty (30) days in advance of
initiating the arbitration. The notice must include: (i) a
description of your claim and the basis of the dispute; and
(ii) a description of the relief you are seeking. If CMS and
you do not reach an agreement to resolve the claim within
thirty (30) days after CMS receives your notice, you or
CMS may commence an arbitration proceeding.
The arbitration will take place in Los Angeles, California or
a mutually agreed upon location. Arbitration shall be
administered by JAMS, or alternatively a mutually agreed
upon arbitrator or arbitration service, under the applicable
commercial arbitration rules for JAMS or the mutually
agreed upon arbitration service, excluding any rules or
procedures governing or permitting class actions. The
arbitrator, and not any federal, state or local court or
agency, shall have exclusive authority to resolve all
disputes arising out of or relating to the interpretation,
applicability, enforceability or formation of this Limited
Warranty, including, but not limited to any claim that all or
any part of this Limited Warranty is void or voidable, or
whether a claim is subject to arbitration. The arbitrator
shall be empowered to grant whatever relief would be
available in a court under law or in equity. The arbitrator's
award shall be written. And binding on the parties and
may be entered as a judgment in any court of competent
jurisdiction. To the extent the filing fee for the arbitration
exceeds the cost of filing a lawsuit; CMS will pay the
additional cost. The arbitration rules also permit you to
recover attorney's fees in certain cases. The parties
understand that, absent this mandatory provision, they
would have the right to sue in court and have a jury trial.
They further understand that, in some instances. The
costs of arbitration could exceed the costs of litigation
and the right to discovery may be more limited in
arbitration than in court.
This arbitration provision also applies to claims and
disputes by you, the purchaser of the Product. And all
those in privity with you, including your family members,
beneficiaries and assigns against CMS's subsidiaries and
affiliates and any person or entity that licensed, supplied,
sold or distributed the Product and each of their officers,
employee, representatives, licensors/licensees. Agents.
Beneficiaries, predecessors in interest, successors. And/or
assigns. You may opt out of this dispute resolution
procedure by providing notice to CMS 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 e-mail to [e-mail]. The
opt-out notice 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. Opting out of 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. If you opt-out of these arbitration
provisions, CMS also will not be bound by them.

REPLACEMENTS AND REPAIRS
The longer of: (i) the remainder of the original Limited
Warranty for the Product; or (ii) 90 days from the
consumer's date of receipt of the replacement or
repaired Product.
2. Limited Warranty Service Process
If you believe your Product has a defect, please contact
CMS at 1- 888-970-0751 or email
[e-mail]. CMS’s technical support
personnel are available to assist you in diagnosing and fixing
any problems you may encounter in the use of your Product.
In the event we cannot help you fix the problem. You may be
entitled to warranty service under this Limited Warranty.
13
WARRANTY CONT.
In order to submit your Product for warranty service
pursuant to this Limited Warranty, you will be asked to
provide CMS with (i) the proof of purchase from an
authorized retailer; and (ii) the Product's serial number.
Upon verification of your eligibility, you will need to provide
your name, email address. Mailing address and contact
telephone number in order to receive a return materials
authorization ("RMA") number. CMS must receive your
defective Product within thirty (30) days from CMS’s
issuance of an RMA to you. CMS may direct you to a
designated third party for warranty repairs.
You must include your defective Product within the
CMS-provided or CMS-approved packaging for shipment
to CMS. You are responsible for any damages caused by
your improper packaging or shipment of the Product to
CMS, or risk of loss during transit.
An authorized service provider will conduct an inspection
of your Product. If CMS determines that the problem is not
covered under the Limited Warranty, CMS will notify you
and inform you of service or replacement alternatives that
are available to you on a fee basis, or CMS will return your
Product to you unrepaired.
For eligible warranty claims, CMS will service defective
Products with new or reconditioned parts of same or
similar style at no cost to you for the service. Parts
replaced by CMS will be retained by, and become the
property of CMS. For eligible warranty claims, CMS will
pay reasonable return shipping charges for the return of
the Product to you.
3. Limited Warranty Eligibility
3.1 Your request for service must be received by CMS
within the Limited Warranty Period as described
above, and CMS must receive your Product in
accordance with the Limited Warranty Service
Process defined above.
3.2 Your Product must be purchased from an
authorized reseller of the Product.
3.3 You must retain the original purchase receipt and
your Limited Warranty, and provide this
documentation to CMS to verify your warranty
eligibility.
3.4 This Limited Warranty describes the service
available to you in the event your Product requires
warranty service.
3.5 Your Product must have the serial number clearly
legible, unobscured, uneffaced and unmodified.
4. Limited Warranty Exclusions
This Limited Warranty describes the service available to
you in the event 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:
4.1 Caused by abuse, misuse, neglect or commercial use.
4.2 Caused by improper charging, storage, or operation,
including, without limitation, use contrary to the
owner's manual and other documentation, use other
than in accordance with specified weight and age
limits, use on stairs, walls and curbs, or any extreme
sport or exhibition use.
4.3 Caused by accident, collision, riding over obstacles,
racing, fire, water submersion, high pressure water
spray, freezing, earthquake, dropping, severe
oxidation, or chemical solvent corrosion.
4.4 Caused by any repair that was unauthorized by CMS.
4.5 Caused from improper packaging or mishandling
during shipment to the warranty-service provider.
4.6 That is cosmetic, including, scratches, dents and the
removal of protective coatings that are designed to
diminish over time, unless such damage occurred
due to a defect in materials.
4.7 Caused by the use of the Product with, or any
modification to the Product using, any third party
product, component or accessory that is not sold
by CMS.
5. Liability Disclaimer and Limitation
CMS does not assume, nor authorizes anyone to assume
on its behalf, any other obligation or liability in connection
with a Product. Its component parts, accessories, service
repair, or this Limited Warranty. CMS is 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, it’s component parts, accessories, service repair,
or for any other incidental or consequential damages the
purchaser may have as a result of any defect in a Product,
its component parts, accessories, or service repair.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY
APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS,
ACCESSORIES, AND SERVICE REPAIR. CMS AND ITS
AFFILIATED COMPANIES DISCLAIM ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES IM PLIED BY
AND INCAPABLE OF EXCLUSION, RESTRICTION. OR
MODIFICATION UNDER APPLICABLE LAW. ANY SUCH
IMPLIED WARRANTIES WHICH MAY BE REQUIRED BY LAW
AND ARE NOT DISCLAIMED HEREBY ARE LIMITED, TO THE
EXTENT ALLOWED BY LAW, TO THE APPLICABLE PERIOD OF
THIS LIMITED WARRANTY, OR TO THE APPLICABLE TIME
PERIOD PROVIDED BY THE APPLICABLE COUNTRY/STATE
LAW, WHICHEVER PERIOD IS SHORTER. SOME
COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. SOME
COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO SOME PURCHASERS.
CMS'S TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS,
JOINT AND SEVERALLY, ARISING HEREUNDER AND ANY AND
ALL APPLICABLE WARRANTIES AT LAW ARE LIMITED TO THE
REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCT, AS
DETERMINED IN CMS'S DISCRETION, AND ALL INCIDENTAL
AND CONSEQUENTIAL DAMAGES ARE HEREBY EXCLUDED,
UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE
PROHIBITED BY APPLICABLE LAW. SOME
COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
6. Claims and Dispute Resolution
CMS AND YOU AGREE THAT ALL CLAIMS OR DISPUTES
ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR
THE SALE, CONDITION OR PERFORMANCE OF THE
PRODUCT, WHETHER BASED IN CONTRACT, TORT,
STATUTORY, FRAUD, MISREPRESENTATION OR ANY OTHER
LEGAL THEORY, AND ALL CLAIMS THAT ARE SUBJECT OFA
PURPORTED CLASS ACTION LITIGATION THAT YOU ARE NOT
A MEMBER OF THE CERTIFIED CLASS, SHALL BE RESOLVED
THROUGH ARBITRATION AS PROVIDED FOR HEREIN, OR IN
SMALL CLAIMS COURT, AND NOT BY A TRIAL BY JURY. YOU
WAIVE THE RIGHT TO A TRIAL BY JURY, AND WAIVE THE
RIGHT TO PARTICIPATE IN CLASS ACTIONS ARISING FROM
OR RELATING TO ANY AND ALL CLAIMS AND DISPUTES
WITH CMS. YOU AGREE THAT YOU MAY ARBITRATE CLAIMS
AGAINST CMS ONLY IN YOUR INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF, A CLASS REPRESENTATIVE, OR CLASS
MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
THIS AGREEMENT EVIDENCES A TRANSACTION IN
INTERSTATE COMMERCE, AND THUS THE FEDERAL
ARBITRATION ACT GOVERNS THE INTERPRETATION AND
ENFORCEMENT OF THIS PROVISION. THIS PARAGRAPH
SHALL SURVIVE THE TERMINATION
OF THIS LIMITED WARRANTY. CMS REQUIRES THAT YOU
ARBITRATE YOUR CLAIMS AGAINST CMS PURSUANT TO THE
ARBITRATION DESCRIBED BELOW PRIOR TO YOUR EXERCISE
OF YOUR RIGHTS PURSUANT TO TITLE I OF THE
MAGNUSON-MOSS WARRANTY ACT. TITLE I OF THE
MAGNUSON-MOSS WARRANTY ACT DOES NOT REQUIRE
YOU TO PURSUE RIGHTS AND REMEDIES AVAILABLE TO YOU
THAT ARE NOT PROVIDED BY TITLE I OF THE MAGNUSON-
MOSS WARRANTY ACT.
Any such arbitration shall not be combined or
consolidated with a claim or dispute involving any other
person's or entity's product or claim or dispute, and
specifically. Without limitation of the foregoing. Shall not
under any circumstances proceed as part of a class
action or class arbitration. If you intend to seek arbitration
you must first email CMS at [e-mail] a
notice of dispute, at least thirty (30) days in advance of
initiating the arbitration. The notice must include: (i) a
description of your claim and the basis of the dispute; and
(ii) a description of the relief you are seeking. If CMS and
you do not reach an agreement to resolve the claim within
thirty (30) days after CMS receives your notice, you or
CMS may commence an arbitration proceeding.
The arbitration will take place in Los Angeles, California or
a mutually agreed upon location. Arbitration shall be
administered by JAMS, or alternatively a mutually agreed
upon arbitrator or arbitration service, under the applicable
commercial arbitration rules for JAMS or the mutually
agreed upon arbitration service, excluding any rules or
procedures governing or permitting class actions. The
arbitrator, and not any federal, state or local court or
agency, shall have exclusive authority to resolve all
disputes arising out of or relating to the interpretation,
applicability, enforceability or formation of this Limited
Warranty, including, but not limited to any claim that all or
any part of this Limited Warranty is void or voidable, or
whether a claim is subject to arbitration. The arbitrator
shall be empowered to grant whatever relief would be
available in a court under law or in equity. The arbitrator's
award shall be written. And binding on the parties and
may be entered as a judgment in any court of competent
jurisdiction. To the extent the filing fee for the arbitration
exceeds the cost of filing a lawsuit; CMS will pay the
additional cost. The arbitration rules also permit you to
recover attorney's fees in certain cases. The parties
understand that, absent this mandatory provision, they
would have the right to sue in court and have a jury trial.
They further understand that, in some instances. The
costs of arbitration could exceed the costs of litigation
and the right to discovery may be more limited in
arbitration than in court.
This arbitration provision also applies to claims and
disputes by you, the purchaser of the Product. And all
those in privity with you, including your family members,
beneficiaries and assigns against CMS's subsidiaries and
affiliates and any person or entity that licensed, supplied,
sold or distributed the Product and each of their officers,
employee, representatives, licensors/licensees. Agents.
Beneficiaries, predecessors in interest, successors. And/or
assigns. You may opt out of this dispute resolution
procedure by providing notice to CMS 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 e-mail to [e-mail]. The
opt-out notice 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. Opting out of 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. If you opt-out of these arbitration
provisions, CMS also will not be bound by them.

REPLACEMENTS AND REPAIRS
The longer of: (i) the remainder of the original Limited
Warranty for the Product; or (ii) 90 days from the
consumer's date of receipt of the replacement or
repaired Product.
2. Limited Warranty Service Process
If you believe your Product has a defect, please contact
CMS at 1- 888-970-0751 or email
[e-mail]. CMS’s technical support
personnel are available to assist you in diagnosing and fixing
any problems you may encounter in the use of your Product.
In the event we cannot help you fix the problem. You may be
entitled to warranty service under this Limited Warranty.
In order to submit your Product for warranty service
pursuant to this Limited Warranty, you will be asked to
provide CMS with (i) the proof of purchase from an
authorized retailer; and (ii) the Product's serial number.
Upon verification of your eligibility, you will need to provide
your name, email address. Mailing address and contact
telephone number in order to receive a return materials
authorization ("RMA") number. CMS must receive your
defective Product within thirty (30) days from CMS’s
issuance of an RMA to you. CMS may direct you to a
designated third party for warranty repairs.
You must include your defective Product within the
CMS-provided or CMS-approved packaging for shipment
to CMS. You are responsible for any damages caused by
your improper packaging or shipment of the Product to
CMS, or risk of loss during transit.
An authorized service provider will conduct an inspection
of your Product. If CMS determines that the problem is not
covered under the Limited Warranty, CMS will notify you
and inform you of service or replacement alternatives that
are available to you on a fee basis, or CMS will return your
Product to you unrepaired.
For eligible warranty claims, CMS will service defective
Products with new or reconditioned parts of same or
similar style at no cost to you for the service. Parts
replaced by CMS will be retained by, and become the
property of CMS. For eligible warranty claims, CMS will
pay reasonable return shipping charges for the return of
the Product to you.
3. Limited Warranty Eligibility
3.1 Your request for service must be received by CMS
within the Limited Warranty Period as described
above, and CMS must receive your Product in
accordance with the Limited Warranty Service
Process defined above.
3.2 Your Product must be purchased from an
authorized reseller of the Product.
3.3 You must retain the original purchase receipt and
your Limited Warranty, and provide this
documentation to CMS to verify your warranty
eligibility.
3.4 This Limited Warranty describes the service
available to you in the event your Product requires
warranty service.
3.5 Your Product must have the serial number clearly
legible, unobscured, uneffaced and unmodified.
14
4. Limited Warranty Exclusions
This Limited Warranty describes the service available to
you in the event 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:
4.1 Caused by abuse, misuse, neglect or commercial use.
4.2 Caused by improper charging, storage, or operation,
including, without limitation, use contrary to the
owner's manual and other documentation, use other
than in accordance with specified weight and age
limits, use on stairs, walls and curbs, or any extreme
sport or exhibition use.
4.3 Caused by accident, collision, riding over obstacles,
racing, fire, water submersion, high pressure water
spray, freezing, earthquake, dropping, severe
oxidation, or chemical solvent corrosion.
4.4 Caused by any repair that was unauthorized by CMS.
4.5 Caused from improper packaging or mishandling
during shipment to the warranty-service provider.
4.6 That is cosmetic, including, scratches, dents and the
removal of protective coatings that are designed to
diminish over time, unless such damage occurred
due to a defect in materials.
4.7 Caused by the use of the Product with, or any
modification to the Product using, any third party
product, component or accessory that is not sold
by CMS.
5. Liability Disclaimer and Limitation
CMS does not assume, nor authorizes anyone to assume
on its behalf, any other obligation or liability in connection
with a Product. Its component parts, accessories, service
repair, or this Limited Warranty. CMS is 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, it’s component parts, accessories, service repair,
or for any other incidental or consequential damages the
purchaser may have as a result of any defect in a Product,
its component parts, accessories, or service repair.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY
APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS,
ACCESSORIES, AND SERVICE REPAIR. CMS AND ITS
AFFILIATED COMPANIES DISCLAIM ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES IM PLIED BY
AND INCAPABLE OF EXCLUSION, RESTRICTION. OR
MODIFICATION UNDER APPLICABLE LAW. ANY SUCH
IMPLIED WARRANTIES WHICH MAY BE REQUIRED BY LAW
AND ARE NOT DISCLAIMED HEREBY ARE LIMITED, TO THE
EXTENT ALLOWED BY LAW, TO THE APPLICABLE PERIOD OF
THIS LIMITED WARRANTY, OR TO THE APPLICABLE TIME
PERIOD PROVIDED BY THE APPLICABLE COUNTRY/STATE
LAW, WHICHEVER PERIOD IS SHORTER. SOME
COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. SOME
COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO SOME PURCHASERS.
CMS'S TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS,
JOINT AND SEVERALLY, ARISING HEREUNDER AND ANY AND
ALL APPLICABLE WARRANTIES AT LAW ARE LIMITED TO THE
REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCT, AS
DETERMINED IN CMS'S DISCRETION, AND ALL INCIDENTAL
AND CONSEQUENTIAL DAMAGES ARE HEREBY EXCLUDED,
UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE
PROHIBITED BY APPLICABLE LAW. SOME
COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
6. Claims and Dispute Resolution
CMS AND YOU AGREE THAT ALL CLAIMS OR DISPUTES
ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR
THE SALE, CONDITION OR PERFORMANCE OF THE
PRODUCT, WHETHER BASED IN CONTRACT, TORT,
STATUTORY, FRAUD, MISREPRESENTATION OR ANY OTHER
LEGAL THEORY, AND ALL CLAIMS THAT ARE SUBJECT OFA
PURPORTED CLASS ACTION LITIGATION THAT YOU ARE NOT
A MEMBER OF THE CERTIFIED CLASS, SHALL BE RESOLVED
THROUGH ARBITRATION AS PROVIDED FOR HEREIN, OR IN
SMALL CLAIMS COURT, AND NOT BY A TRIAL BY JURY. YOU
WAIVE THE RIGHT TO A TRIAL BY JURY, AND WAIVE THE
RIGHT TO PARTICIPATE IN CLASS ACTIONS ARISING FROM
OR RELATING TO ANY AND ALL CLAIMS AND DISPUTES
WITH CMS. YOU AGREE THAT YOU MAY ARBITRATE CLAIMS
AGAINST CMS ONLY IN YOUR INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF, A CLASS REPRESENTATIVE, OR CLASS
MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
THIS AGREEMENT EVIDENCES A TRANSACTION IN
INTERSTATE COMMERCE, AND THUS THE FEDERAL
ARBITRATION ACT GOVERNS THE INTERPRETATION AND
ENFORCEMENT OF THIS PROVISION. THIS PARAGRAPH
SHALL SURVIVE THE TERMINATION
OF THIS LIMITED WARRANTY. CMS REQUIRES THAT YOU
ARBITRATE YOUR CLAIMS AGAINST CMS PURSUANT TO THE
ARBITRATION DESCRIBED BELOW PRIOR TO YOUR EXERCISE
OF YOUR RIGHTS PURSUANT TO TITLE I OF THE
MAGNUSON-MOSS WARRANTY ACT. TITLE I OF THE
MAGNUSON-MOSS WARRANTY ACT DOES NOT REQUIRE
YOU TO PURSUE RIGHTS AND REMEDIES AVAILABLE TO YOU
THAT ARE NOT PROVIDED BY TITLE I OF THE MAGNUSON-
MOSS WARRANTY ACT.
Any such arbitration shall not be combined or
consolidated with a claim or dispute involving any other
person's or entity's product or claim or dispute, and
specifically. Without limitation of the foregoing. Shall not
under any circumstances proceed as part of a class
action or class arbitration. If you intend to seek arbitration
you must first email CMS at [e-mail] a
notice of dispute, at least thirty (30) days in advance of
initiating the arbitration. The notice must include: (i) a
description of your claim and the basis of the dispute; and
(ii) a description of the relief you are seeking. If CMS and
you do not reach an agreement to resolve the claim within
thirty (30) days after CMS receives your notice, you or
CMS may commence an arbitration proceeding.
The arbitration will take place in Los Angeles, California or
a mutually agreed upon location. Arbitration shall be
administered by JAMS, or alternatively a mutually agreed
upon arbitrator or arbitration service, under the applicable
commercial arbitration rules for JAMS or the mutually
agreed upon arbitration service, excluding any rules or
procedures governing or permitting class actions. The
arbitrator, and not any federal, state or local court or
agency, shall have exclusive authority to resolve all
disputes arising out of or relating to the interpretation,
applicability, enforceability or formation of this Limited
Warranty, including, but not limited to any claim that all or
any part of this Limited Warranty is void or voidable, or
whether a claim is subject to arbitration. The arbitrator
shall be empowered to grant whatever relief would be
available in a court under law or in equity. The arbitrator's
award shall be written. And binding on the parties and
may be entered as a judgment in any court of competent
jurisdiction. To the extent the filing fee for the arbitration
exceeds the cost of filing a lawsuit; CMS will pay the
additional cost. The arbitration rules also permit you to
recover attorney's fees in certain cases. The parties
understand that, absent this mandatory provision, they
would have the right to sue in court and have a jury trial.
They further understand that, in some instances. The
costs of arbitration could exceed the costs of litigation
and the right to discovery may be more limited in
arbitration than in court.
This arbitration provision also applies to claims and
disputes by you, the purchaser of the Product. And all
those in privity with you, including your family members,
beneficiaries and assigns against CMS's subsidiaries and
affiliates and any person or entity that licensed, supplied,
sold or distributed the Product and each of their officers,
employee, representatives, licensors/licensees. Agents.
Beneficiaries, predecessors in interest, successors. And/or
assigns. You may opt out of this dispute resolution
procedure by providing notice to CMS 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 e-mail to [e-mail]. The
opt-out notice 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. Opting out of 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. If you opt-out of these arbitration
provisions, CMS also will not be bound by them.

REPLACEMENTS AND REPAIRS
The longer of: (i) the remainder of the original Limited
Warranty for the Product; or (ii) 90 days from the
consumer's date of receipt of the replacement or
repaired Product.
2. Limited Warranty Service Process
If you believe your Product has a defect, please contact
CMS at 1- 888-970-0751 or email
[e-mail]. CMS’s technical support
personnel are available to assist you in diagnosing and fixing
any problems you may encounter in the use of your Product.
In the event we cannot help you fix the problem. You may be
entitled to warranty service under this Limited Warranty.
In order to submit your Product for warranty service
pursuant to this Limited Warranty, you will be asked to
provide CMS with (i) the proof of purchase from an
authorized retailer; and (ii) the Product's serial number.
Upon verification of your eligibility, you will need to provide
your name, email address. Mailing address and contact
telephone number in order to receive a return materials
authorization ("RMA") number. CMS must receive your
defective Product within thirty (30) days from CMS’s
issuance of an RMA to you. CMS may direct you to a
designated third party for warranty repairs.
You must include your defective Product within the
CMS-provided or CMS-approved packaging for shipment
to CMS. You are responsible for any damages caused by
your improper packaging or shipment of the Product to
CMS, or risk of loss during transit.
An authorized service provider will conduct an inspection
of your Product. If CMS determines that the problem is not
covered under the Limited Warranty, CMS will notify you
and inform you of service or replacement alternatives that
are available to you on a fee basis, or CMS will return your
Product to you unrepaired.
For eligible warranty claims, CMS will service defective
Products with new or reconditioned parts of same or
similar style at no cost to you for the service. Parts
replaced by CMS will be retained by, and become the
property of CMS. For eligible warranty claims, CMS will
pay reasonable return shipping charges for the return of
the Product to you.
3. Limited Warranty Eligibility
3.1 Your request for service must be received by CMS
within the Limited Warranty Period as described
above, and CMS must receive your Product in
accordance with the Limited Warranty Service
Process defined above.
3.2 Your Product must be purchased from an
authorized reseller of the Product.
3.3 You must retain the original purchase receipt and
your Limited Warranty, and provide this
documentation to CMS to verify your warranty
eligibility.
3.4 This Limited Warranty describes the service
available to you in the event your Product requires
warranty service.
3.5 Your Product must have the serial number clearly
legible, unobscured, uneffaced and unmodified.
4. Limited Warranty Exclusions
This Limited Warranty describes the service available to
you in the event 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:
4.1 Caused by abuse, misuse, neglect or commercial use.
4.2 Caused by improper charging, storage, or operation,
including, without limitation, use contrary to the
owner's manual and other documentation, use other
than in accordance with specified weight and age
limits, use on stairs, walls and curbs, or any extreme
sport or exhibition use.
4.3 Caused by accident, collision, riding over obstacles,
racing, fire, water submersion, high pressure water
spray, freezing, earthquake, dropping, severe
oxidation, or chemical solvent corrosion.
4.4 Caused by any repair that was unauthorized by CMS.
4.5 Caused from improper packaging or mishandling
during shipment to the warranty-service provider.
4.6 That is cosmetic, including, scratches, dents and the
removal of protective coatings that are designed to
diminish over time, unless such damage occurred
due to a defect in materials.
4.7 Caused by the use of the Product with, or any
modification to the Product using, any third party
product, component or accessory that is not sold
by CMS.
5. Liability Disclaimer and Limitation
CMS does not assume, nor authorizes anyone to assume
on its behalf, any other obligation or liability in connection
with a Product. Its component parts, accessories, service
repair, or this Limited Warranty. CMS is 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, it’s component parts, accessories, service repair,
or for any other incidental or consequential damages the
purchaser may have as a result of any defect in a Product,
its component parts, accessories, or service repair.
15
WARRANTY CONT.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY
APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS,
ACCESSORIES, AND SERVICE REPAIR. CMS AND ITS
AFFILIATED COMPANIES DISCLAIM ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES IM PLIED BY
AND INCAPABLE OF EXCLUSION, RESTRICTION. OR
MODIFICATION UNDER APPLICABLE LAW. ANY SUCH
IMPLIED WARRANTIES WHICH MAY BE REQUIRED BY LAW
AND ARE NOT DISCLAIMED HEREBY ARE LIMITED, TO THE
EXTENT ALLOWED BY LAW, TO THE APPLICABLE PERIOD OF
THIS LIMITED WARRANTY, OR TO THE APPLICABLE TIME
PERIOD PROVIDED BY THE APPLICABLE COUNTRY/STATE
LAW, WHICHEVER PERIOD IS SHORTER. SOME
COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. SOME
COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO SOME PURCHASERS.
CMS'S TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS,
JOINT AND SEVERALLY, ARISING HEREUNDER AND ANY AND
ALL APPLICABLE WARRANTIES AT LAW ARE LIMITED TO THE
REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCT, AS
DETERMINED IN CMS'S DISCRETION, AND ALL INCIDENTAL
AND CONSEQUENTIAL DAMAGES ARE HEREBY EXCLUDED,
UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE
PROHIBITED BY APPLICABLE LAW. SOME
COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
6. Claims and Dispute Resolution
CMS AND YOU AGREE THAT ALL CLAIMS OR DISPUTES
ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR
THE SALE, CONDITION OR PERFORMANCE OF THE
PRODUCT, WHETHER BASED IN CONTRACT, TORT,
STATUTORY, FRAUD, MISREPRESENTATION OR ANY OTHER
LEGAL THEORY, AND ALL CLAIMS THAT ARE SUBJECT OFA
PURPORTED CLASS ACTION LITIGATION THAT YOU ARE NOT
A MEMBER OF THE CERTIFIED CLASS, SHALL BE RESOLVED
THROUGH ARBITRATION AS PROVIDED FOR HEREIN, OR IN
SMALL CLAIMS COURT, AND NOT BY A TRIAL BY JURY. YOU
WAIVE THE RIGHT TO A TRIAL BY JURY, AND WAIVE THE
RIGHT TO PARTICIPATE IN CLASS ACTIONS ARISING FROM
OR RELATING TO ANY AND ALL CLAIMS AND DISPUTES
WITH CMS. YOU AGREE THAT YOU MAY ARBITRATE CLAIMS
AGAINST CMS ONLY IN YOUR INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF, A CLASS REPRESENTATIVE, OR CLASS
MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
THIS AGREEMENT EVIDENCES A TRANSACTION IN
INTERSTATE COMMERCE, AND THUS THE FEDERAL
ARBITRATION ACT GOVERNS THE INTERPRETATION AND
ENFORCEMENT OF THIS PROVISION. THIS PARAGRAPH
SHALL SURVIVE THE TERMINATION
OF THIS LIMITED WARRANTY. CMS REQUIRES THAT YOU
ARBITRATE YOUR CLAIMS AGAINST CMS PURSUANT TO THE
ARBITRATION DESCRIBED BELOW PRIOR TO YOUR EXERCISE
OF YOUR RIGHTS PURSUANT TO TITLE I OF THE
MAGNUSON-MOSS WARRANTY ACT. TITLE I OF THE
MAGNUSON-MOSS WARRANTY ACT DOES NOT REQUIRE
YOU TO PURSUE RIGHTS AND REMEDIES AVAILABLE TO YOU
THAT ARE NOT PROVIDED BY TITLE I OF THE MAGNUSON-
MOSS WARRANTY ACT.
Any such arbitration shall not be combined or
consolidated with a claim or dispute involving any other
person's or entity's product or claim or dispute, and
specifically. Without limitation of the foregoing. Shall not
under any circumstances proceed as part of a class
action or class arbitration. If you intend to seek arbitration
you must first email CMS at [e-mail] a
notice of dispute, at least thirty (30) days in advance of
initiating the arbitration. The notice must include: (i) a
description of your claim and the basis of the dispute; and
(ii) a description of the relief you are seeking. If CMS and
you do not reach an agreement to resolve the claim within
thirty (30) days after CMS receives your notice, you or
CMS may commence an arbitration proceeding.
The arbitration will take place in Los Angeles, California or
a mutually agreed upon location. Arbitration shall be
administered by JAMS, or alternatively a mutually agreed
upon arbitrator or arbitration service, under the applicable
commercial arbitration rules for JAMS or the mutually
agreed upon arbitration service, excluding any rules or
procedures governing or permitting class actions. The
arbitrator, and not any federal, state or local court or
agency, shall have exclusive authority to resolve all
disputes arising out of or relating to the interpretation,
applicability, enforceability or formation of this Limited
Warranty, including, but not limited to any claim that all or
any part of this Limited Warranty is void or voidable, or
whether a claim is subject to arbitration. The arbitrator
shall be empowered to grant whatever relief would be
available in a court under law or in equity. The arbitrator's
award shall be written. And binding on the parties and
may be entered as a judgment in any court of competent
jurisdiction. To the extent the filing fee for the arbitration
exceeds the cost of filing a lawsuit; CMS will pay the
additional cost. The arbitration rules also permit you to
recover attorney's fees in certain cases. The parties
understand that, absent this mandatory provision, they
would have the right to sue in court and have a jury trial.
They further understand that, in some instances. The
costs of arbitration could exceed the costs of litigation
and the right to discovery may be more limited in
arbitration than in court.
This arbitration provision also applies to claims and
disputes by you, the purchaser of the Product. And all
those in privity with you, including your family members,
beneficiaries and assigns against CMS's subsidiaries and
affiliates and any person or entity that licensed, supplied,
sold or distributed the Product and each of their officers,
employee, representatives, licensors/licensees. Agents.
Beneficiaries, predecessors in interest, successors. And/or
assigns. You may opt out of this dispute resolution
procedure by providing notice to CMS 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 e-mail to [e-mail]. The
opt-out notice 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. Opting out of 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. If you opt-out of these arbitration
provisions, CMS also will not be bound by them.

REPLACEMENTS AND REPAIRS
The longer of: (i) the remainder of the original Limited
Warranty for the Product; or (ii) 90 days from the
consumer's date of receipt of the replacement or
repaired Product.
2. Limited Warranty Service Process
If you believe your Product has a defect, please contact
CMS at 1- 888-970-0751 or email
[e-mail]. CMS’s technical support
personnel are available to assist you in diagnosing and fixing
any problems you may encounter in the use of your Product.
In the event we cannot help you fix the problem. You may be
entitled to warranty service under this Limited Warranty.
In order to submit your Product for warranty service
pursuant to this Limited Warranty, you will be asked to
provide CMS with (i) the proof of purchase from an
authorized retailer; and (ii) the Product's serial number.
Upon verification of your eligibility, you will need to provide
your name, email address. Mailing address and contact
telephone number in order to receive a return materials
authorization ("RMA") number. CMS must receive your
defective Product within thirty (30) days from CMS’s
issuance of an RMA to you. CMS may direct you to a
designated third party for warranty repairs.
You must include your defective Product within the
CMS-provided or CMS-approved packaging for shipment
to CMS. You are responsible for any damages caused by
your improper packaging or shipment of the Product to
CMS, or risk of loss during transit.
An authorized service provider will conduct an inspection
of your Product. If CMS determines that the problem is not
covered under the Limited Warranty, CMS will notify you
and inform you of service or replacement alternatives that
are available to you on a fee basis, or CMS will return your
Product to you unrepaired.
For eligible warranty claims, CMS will service defective
Products with new or reconditioned parts of same or
similar style at no cost to you for the service. Parts
replaced by CMS will be retained by, and become the
property of CMS. For eligible warranty claims, CMS will
pay reasonable return shipping charges for the return of
the Product to you.
3. Limited Warranty Eligibility
3.1 Your request for service must be received by CMS
within the Limited Warranty Period as described
above, and CMS must receive your Product in
accordance with the Limited Warranty Service
Process defined above.
3.2 Your Product must be purchased from an
authorized reseller of the Product.
3.3 You must retain the original purchase receipt and
your Limited Warranty, and provide this
documentation to CMS to verify your warranty
eligibility.
3.4 This Limited Warranty describes the service
available to you in the event your Product requires
warranty service.
3.5 Your Product must have the serial number clearly
legible, unobscured, uneffaced and unmodified.
4. Limited Warranty Exclusions
This Limited Warranty describes the service available to
you in the event 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:
4.1 Caused by abuse, misuse, neglect or commercial use.
4.2 Caused by improper charging, storage, or operation,
including, without limitation, use contrary to the
owner's manual and other documentation, use other
than in accordance with specified weight and age
limits, use on stairs, walls and curbs, or any extreme
sport or exhibition use.
4.3 Caused by accident, collision, riding over obstacles,
racing, fire, water submersion, high pressure water
spray, freezing, earthquake, dropping, severe
oxidation, or chemical solvent corrosion.
4.4 Caused by any repair that was unauthorized by CMS.
4.5 Caused from improper packaging or mishandling
during shipment to the warranty-service provider.
4.6 That is cosmetic, including, scratches, dents and the
removal of protective coatings that are designed to
diminish over time, unless such damage occurred
due to a defect in materials.
4.7 Caused by the use of the Product with, or any
modification to the Product using, any third party
product, component or accessory that is not sold
by CMS.
5. Liability Disclaimer and Limitation
CMS does not assume, nor authorizes anyone to assume
on its behalf, any other obligation or liability in connection
with a Product. Its component parts, accessories, service
repair, or this Limited Warranty. CMS is 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, it’s component parts, accessories, service repair,
or for any other incidental or consequential damages the
purchaser may have as a result of any defect in a Product,
its component parts, accessories, or service repair.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY
APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS,
ACCESSORIES, AND SERVICE REPAIR. CMS AND ITS
AFFILIATED COMPANIES DISCLAIM ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES IM PLIED BY
AND INCAPABLE OF EXCLUSION, RESTRICTION. OR
MODIFICATION UNDER APPLICABLE LAW. ANY SUCH
IMPLIED WARRANTIES WHICH MAY BE REQUIRED BY LAW
AND ARE NOT DISCLAIMED HEREBY ARE LIMITED, TO THE
EXTENT ALLOWED BY LAW, TO THE APPLICABLE PERIOD OF
THIS LIMITED WARRANTY, OR TO THE APPLICABLE TIME
PERIOD PROVIDED BY THE APPLICABLE COUNTRY/STATE
LAW, WHICHEVER PERIOD IS SHORTER. SOME
COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. SOME
COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO SOME PURCHASERS.
CMS'S TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS,
JOINT AND SEVERALLY, ARISING HEREUNDER AND ANY AND
ALL APPLICABLE WARRANTIES AT LAW ARE LIMITED TO THE
REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCT, AS
DETERMINED IN CMS'S DISCRETION, AND ALL INCIDENTAL
AND CONSEQUENTIAL DAMAGES ARE HEREBY EXCLUDED,
UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE
PROHIBITED BY APPLICABLE LAW. SOME
COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
6. Claims and Dispute Resolution
CMS AND YOU AGREE THAT ALL CLAIMS OR DISPUTES
ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR
THE SALE, CONDITION OR PERFORMANCE OF THE
PRODUCT, WHETHER BASED IN CONTRACT, TORT,
STATUTORY, FRAUD, MISREPRESENTATION OR ANY OTHER
LEGAL THEORY, AND ALL CLAIMS THAT ARE SUBJECT OFA
PURPORTED CLASS ACTION LITIGATION THAT YOU ARE NOT
A MEMBER OF THE CERTIFIED CLASS, SHALL BE RESOLVED
THROUGH ARBITRATION AS PROVIDED FOR HEREIN, OR IN
SMALL CLAIMS COURT, AND NOT BY A TRIAL BY JURY. YOU
WAIVE THE RIGHT TO A TRIAL BY JURY, AND WAIVE THE
RIGHT TO PARTICIPATE IN CLASS ACTIONS ARISING FROM
OR RELATING TO ANY AND ALL CLAIMS AND DISPUTES
WITH CMS. YOU AGREE THAT YOU MAY ARBITRATE CLAIMS
AGAINST CMS ONLY IN YOUR INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF, A CLASS REPRESENTATIVE, OR CLASS
MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
THIS AGREEMENT EVIDENCES A TRANSACTION IN
INTERSTATE COMMERCE, AND THUS THE FEDERAL
ARBITRATION ACT GOVERNS THE INTERPRETATION AND
ENFORCEMENT OF THIS PROVISION. THIS PARAGRAPH
SHALL SURVIVE THE TERMINATION
OF THIS LIMITED WARRANTY. CMS REQUIRES THAT YOU
ARBITRATE YOUR CLAIMS AGAINST CMS PURSUANT TO THE
ARBITRATION DESCRIBED BELOW PRIOR TO YOUR EXERCISE
OF YOUR RIGHTS PURSUANT TO TITLE I OF THE
MAGNUSON-MOSS WARRANTY ACT. TITLE I OF THE
MAGNUSON-MOSS WARRANTY ACT DOES NOT REQUIRE
YOU TO PURSUE RIGHTS AND REMEDIES AVAILABLE TO YOU
THAT ARE NOT PROVIDED BY TITLE I OF THE MAGNUSON-
MOSS WARRANTY ACT.
16
Any such arbitration shall not be combined or
consolidated with a claim or dispute involving any other
person's or entity's product or claim or dispute, and
specifically. Without limitation of the foregoing. Shall not
under any circumstances proceed as part of a class
action or class arbitration. If you intend to seek arbitration
you must first email CMS at [e-mail] a
notice of dispute, at least thirty (30) days in advance of
initiating the arbitration. The notice must include: (i) a
description of your claim and the basis of the dispute; and
(ii) a description of the relief you are seeking. If CMS and
you do not reach an agreement to resolve the claim within
thirty (30) days after CMS receives your notice, you or
CMS may commence an arbitration proceeding.
The arbitration will take place in Los Angeles, California or
a mutually agreed upon location. Arbitration shall be
administered by JAMS, or alternatively a mutually agreed
upon arbitrator or arbitration service, under the applicable
commercial arbitration rules for JAMS or the mutually
agreed upon arbitration service, excluding any rules or
procedures governing or permitting class actions. The
arbitrator, and not any federal, state or local court or
agency, shall have exclusive authority to resolve all
disputes arising out of or relating to the interpretation,
applicability, enforceability or formation of this Limited
Warranty, including, but not limited to any claim that all or
any part of this Limited Warranty is void or voidable, or
whether a claim is subject to arbitration. The arbitrator
shall be empowered to grant whatever relief would be
available in a court under law or in equity. The arbitrator's
award shall be written. And binding on the parties and
may be entered as a judgment in any court of competent
jurisdiction. To the extent the filing fee for the arbitration
exceeds the cost of filing a lawsuit; CMS will pay the
additional cost. The arbitration rules also permit you to
recover attorney's fees in certain cases. The parties
understand that, absent this mandatory provision, they
would have the right to sue in court and have a jury trial.
They further understand that, in some instances. The
costs of arbitration could exceed the costs of litigation
and the right to discovery may be more limited in
arbitration than in court.
This arbitration provision also applies to claims and
disputes by you, the purchaser of the Product. And all
those in privity with you, including your family members,
beneficiaries and assigns against CMS's subsidiaries and
affiliates and any person or entity that licensed, supplied,
sold or distributed the Product and each of their officers,
employee, representatives, licensors/licensees. Agents.
Beneficiaries, predecessors in interest, successors. And/or
assigns. You may opt out of this dispute resolution
procedure by providing notice to CMS 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 e-mail to [e-mail]. The
opt-out notice 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. Opting out of 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. If you opt-out of these arbitration
provisions, CMS also will not be bound by them.