New Zealand Terms & Conditions

CUSTOMER TERMS AND CONDITIONS OF PRODUCT USE

(Managed by a Third-Party Distributor Overseas)

1. INTRODUCTION

These Terms and Conditions ("T&Cs") govern the use of products supplied by Fatboy Bikes Pty Ltd, an Australian company ("the Supplier"), to Evolution Cycles Limited ("the Distributor"). The Distributor is responsible for handling all sales, shipping and warranty services in the country of New Zealand. 

By purchasing or using the product, you ("the Customer") agree to these T&Cs.

2. DISTRIBUTION

1. The Supplier, as an Australian company, has appointed the Distributor as a supplier for distributing the product in New Zealand.

2. The Customer acknowledges that all sales and after-sales services, including shipping, warranty claims, and customer support, are handled exclusively by the Distributor. The Supplier is not directly involved in customer transactions.

3. PRODUCT USE

1. The Customer agrees to use the product according to the instructions provided by both the Distributor and the Supplier.

2. Any misuse of the product, including failure to follow safety guidelines or using the product for purposes outside its intended use, may void the warranty and limit liability.

4. YOUR ACCEPTANCE OF THIS AGREEMENT

1. Each time you purchase a product supplied by The Supplier (through the Distributor) you signify your acceptance of and agreement to be bound by this Agreement as it reads at the time of purchase. You also represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person or entity you purport to represent. If you do not agree with any provision of this Agreement, or if you are not authorised to accept this Agreement on behalf of the person or entity you purport to represent, you may not purchase products from The Supplier. These terms apply to all sales of bicycles, accessories, clothing, and any other goods or products supplied by The Supplier.

5. LIABILITY

1. IN NO EVENT WILL THE SUPPLIER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF THE SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. The Supplier will not be liable for any accident, misuse, abuse, loss, injury for or by the rider neither a third-party, even if the cause is an ebike power, speed, bad or illegal parameter setting, components defect or malfunction. This applies in all cases however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or other reasons. 

3. Customers take all responsibilities and liabilities on all products and components including but not limited to ebikes, batteries, ebike components, brakes, bike mechanical parts and adjustments, electrical wiring, unforeseen occurrences, safety issues, maintenance and services, etc.

4. Customers are fully responsible for understanding the safety concerns and regulations of keeping, charging, using and transportation of Li-Ion battery packs.

5. The Supplier assumes no responsibility beyond quality control of products and components in-house or in manufacturing facilities, supplier selection of the products including Li-Ion battery packs, street or non-street products. All customers should fully understand their product maintenance and safe keeping including the use of the product and components. Literature provided on our website and manuals are there for this purpose, yet hazard scenarios might not be limited to those foreseen.

6. The sole remedy under any implied warranty, is limited to the replacement or repair of defective parts with those of equal or greater value at the sole discretion of The Supplier. Except to the extend specifically prohibited by law, in no event shall The Supplier be liable for any property damage, personal injury or death, fire related incidents, loss of use, loss of opportunity, loss of contract, loss of goodwill, interruption of business, loss of profits, cause and effect loss or any other consequential, direct, indirect, incidental, special or punitive damages whether based on contract, warranty, negligence, product liability, or any other theory. 

7. Ebike riders must comply with all traffic laws and any geographic or age restrictions set by state or federal governments.
   
   
   

6. STREET LEGALITY

1. Where an electric bike is defined as street legal, it means the electric bike is considered street legal under New Zealand Electric Bike Regulations to the best of our knowledge. Those products are viewed as bicycles, not motorised vehicles, without need of insurance license plate or drivers’ license. It is the responsibility of each individual user to check your latest state, federal, and local laws to ensure that you are riding legally and safely.

2. Please note street legal does not mean you can ride your electric bike on any bicycle pathways, parks and trails as they may have restrictions against use of electric bikes.

3. The Supplier assumes no responsibility of fines, damages, loss or other consequences resulting from riding the ebike on public roads where according to local rules and regulations the ebike is not considered street legal or for whatever reason should not be ridden on such roads.

4. If your Fatboy Bike is fitted with a throttle, please note it features an on/ off switch. 

5. Your Fatboy Bike has been programmed to its default factory settings to comply with New Zealand Electric Bike Regulations for public use. This configuration has been carried out in collaboration with the Distributor and is based on our current understanding of the applicable regulations. 

7. WARRANTY

1. Should any original component prove defective in terms of workmanship within its warranty period, we will repair or replace it. Warranty period for a Fatboy ebike is as follows: 

Frame: 2 years 

Electrical Components: 2 years

2. This warranty does not cover normal wear and tear, damages caused by improper assembly or faults resulting from an accident or improper or insufficient maintenance, or installation of parts or accessories. The warranty does not apply to damage or failure due to an accident, misuse, abuse, or negligence. Modification of the frame or components shall void this warranty. The warranty only covers part replacement and does not cover labour and transportation charges.

3. Warranty will be void if the ebike is used for other than normal activities, including but not limited to failing to follow the owner’s manual or using the bike for commercial activities.

4. Tyre puncture is not covered under warranty.

5. The Warrantor may seek from you reimbursement of any costs and expenses incurred if the product is found not to be defective due to faulty materials or workmanship.

6. The Supplier shall in no event be responsible for consequential, special and cause and effect damages.

7. This warranty is just limited to repairing or replacing the defective part(s) free of charge. This warranty does not include labour and transportation charges. Delivery of the defective product or parts for repair or replacement to and from our service centre and third-party service charges (e.g. charges for installing the replacement part in a third-party bike store) is on the customer's account.

8. A bicycle is a vehicle in real working conditions. It is always exposed to unwanted impacts, shocks, vibrations, heat and cold, accidents, water penetration, salt splash etc. which may cause damage, which will not be considered a manufacturing fault and thus is not covered under warranty.

9. Your ebike and all its components are water resistant against normal damp or wet conditions. Please note your ebike is water resistant and not waterproof. The bike can be ridden under mild or moderate rain but should not be submerged in water or be ridden under rain showers (heavy rains). The bike should not be washed by a water hose and can only be cleaned by a damp cloth. Failure of parts due to liquid penetration is not covered under warranty.

10. As part of the assembly process, some parts adjustment including but not limited to brakes and derailleur adjustment might be required due to potential part movements during shipment. Instructions on how to make such adjustments will be on our website. Failure to properly assemble the bike or adjust the parts is not covered under warranty. In such cases, if you decide to ask a third-party technician (e.g. a bike shop) to make the assembly or do the parts adjustment for you, fees incurred will not be covered under our warranty.

11. In rare cases, due to part movements during shipment, scratches may appear on the bike paint job. In such cases, we will send you a small sample of your bike’s colour so that you can touch up. Please note part or bike replacement requests due to scratches on a part or frame cannot be accepted.      

12. In case a warranty extension is offered for any of our products, you can pay the fees and get covered for the extension through the same terms and conditions. You may apply for the extension up to 1 day before the regular warranty period expires.

13. Our warranty terms & conditions apply to all customers purchasing our products direct or through dealers, 3rd party or second hand.

14. The benefits given to you in this Product Warranty are in addition to your other rights and remedies under a law in relation to the products to which this Product Warranty relates. The Warrantor’s products come with guarantees that cannot be excluded under the Consumer Law in the relevant country and/or region. 

8. WARRANTY CLAIMS

1. Warranty claims and after-sales support are managed solely by the Distributor. The Customer must contact the Distributor for any warranty-related concerns.

2. The Supplier provides the product to the Distributor in compliance with agreed specifications, but any issues arising after sale are to be handled by the Distributor.

3. PROOF OF PURCHASE IS REQUIRED

4. In a rare case that a fault happens, please be assured that we will, as far as reasonably possible, take action to endeavour to solve the problem promptly.  Please note during such a scenario, we require the customer’s co-operation to be able to effectively detect the fault’s root cause and solve the issue.

5. Claims under this warranty must be made directly to the Distributor.

6. If requested by the Distributor, the buyer should provide photos and/or videos of the fault. Moreover, the buyer should perform troubleshooting steps, which might be in some cases a little technical, as requested by the Distributor.

7. The Distributor’s technical team is the party who assesses the claim and determines whether a fault is covered under warranty or not. The decision by the technical team should be abided by both parties. Where the cause of a fault cannot be reasonably determined, The Distributor will bear the cost of replacement/repair in the favour of the customer.

8. The Distributor might send you replacement parts such as battery, motor, LCD display, controller, etc. to swap and test and return the defective one. 

9. Customers require to understand some level of technical knowledge or have tools required to recover their system remotely and safely with our assistance.

10. In case of a returns, exchange or repair of parts or products, The Distributor does not assume any responsibility for cost or restrictions of delivery or shipping.

9. SHIPPING POLICY

1. The Distributor is responsible for all aspects of shipping and delivery services.

2. The Supplier is not liable for any delays, losses, or damages that occur during shipping, and such matters must be addressed with the Distributor.

3. Risk of loss or damage to the product transfers to the Customer once the product has been handed over to the shipping carrier by the Distributor. 

4. All our bike deliveries require signature on delivery. The customer might be asked to pay “redelivery fee” if no one is available at the destination address at the time of order delivery.

5. If you receive broken or damaged packages, please ensure to take pictures and ask the courier agent to write and sign the damages scope and description. In case of damage or loss of the product during shipment, the customer may be required to cooperate with the Distributor in completing a claim application based on the courier required paperwork.

10. RETURN POLICY

1. Returns and refunds are governed by the Distributor’s return policy. The Customer must comply with the Distributor’s procedures for returns, including providing proof of purchase.

2. The Supplier does not handle returns or refunds. Any disputes related to returns must be addressed with the Distributor.

11. AFTER SALES SERVICES

1. For providing after services that are not covered under our warranty, the Distributor may request the customer to provide us with their proof of purchase. 

12. USER SUBMITTED CONTENT

1. By sharing a thought, customer review, picture, video, testimonial, technical issue or service ticket, you grant us, and anyone authorised by us, a claim and royalty-free permission to use or share that content where and how we find it useful.

13. ERRORS ON WEBSITE OR SHARED MATERIALS

1. The Supplier and Distributor are not liable of direct or indirect consequences for typographical or illustrative errors in our website, communications or materials shared. Errors will be corrected where and when discovered.

14. INTELLECTUAL PROPERTY 

1. All intellectual property rights related to the product, including but not limited to trademarks, patents, and copyrights, remain the property of the Supplier.

2. The Customer agrees not to infringe upon these rights by reproducing, modifying, or reverse-engineering any part of the product.

15. DELIVERY AND SUPPLY 

1. Any times quoted for delivery and/or supply of the Products and/or Services are estimates only and the Supplier and Distributor will not be liable for failure or delay to delivery/supply by any estimated date.  

2. The Supplier and Distributor will use its best reasonable endeavours to meet any estimated dates for delivery of the products and/or services.

 CANCELLATION 

3. If, through circumstances beyond the control of the Supplier / Distributor, the Supplier / Distributor is unable to effect delivery of or provide the Products and/or Services, then the Supplier / Distributor may cancel the Customer's order (even if it has already been accepted) by notice in writing to the Customer.

 FORCE MAJEURE EVENT

4. Every effort will be made to carry out supply and delivery of Products and/or Services, but the lack of performance of it is subject to variation or cancellation owing to by a Force Majeure Event beyond the Supplier / Distributor’s control or owing to the  Supplier / Distributor’s inability to procure materials or article except at increased prices due to any of the foregoing causes.

5. If the Supplier / Distributor or the Customer are prevented from or delayed in performing an obligation under these Terms (other than an obligation to pay money) by a Force Majeure Event, then the obligation is suspended during, but for no longer than, the period of the Force Majeure Event and such further period as reasonable in the circumstances. 

6. The party that is prevented from or delayed in performing the obligation must promptly notify the other party of its inability to perform the obligation due to the Force Majeure Event.        

16. DEFINITIONS 

1. "Customer" means the person, jointly and severally if there is more than one, acquiring Products and/or Services from the Distributor; 

2. “Force Majeure Event” includes, but is not limited to, any of the following which are unforeseen, beyond the reasonable control of a party and prevents or delays that party from performing any of its obligations under these Terms and Conditions.  Includes, but is not limited to: 

• any act of God including but not limited to earthquake, fire, flood, storm, explosion, natural disaster etc.

• war, riot, insurrection, vandalism or sabotage, embargo, epidemic, acts of Government.

• strikes, labour disputes and other forms of industrial disturbance.

• power shortage, breakdown of plant/machinery of equipment.

• pandemic.