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Segway Navimow i-series Manual

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REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO NAVIMOW'S SOLE AND EXCLUSIVE DISCRETION. IN NO EVENT SHALL
NAVIMOW PARTIES AND NAVIMOW 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 NAVIMOW OR OTHER NAVIMOW 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, NAVIMOW PARTIES and NAVIMOW 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 NAVIMOW PARTIES to YOU, any consumer, and/or
end-user. and NAVIMOW PARTIES shall not be responsible for any other warranties and/or representations that may be given and/or
provided by another person unless NAVIMOW 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 NAVIMOW
B.V., ITS AFFILIATES, NAVIMOW PARTIES AND NAVIMOW 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 EN Navimow Parties, Navimow 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 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 NAVIMOW or NAVIMOW 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 NAVIMOW 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 NAVIMOW 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
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