Legal Terms & Conditions | Apollo Scooters
Warranty Regulations (For any purchases of Apollo Imports Inc. Products)
Manufacturer’s Limited Warranty (Americas)
This is the manufacturer’s limited warranty (“Limited Warranty”) for the Apollo X1, X2, X3 (“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.
Record your Product’s Serial Number
Record your Product’s Serial Number below. You can find the Serial Number on the exterior of the shipping box, on the bottom of the Product, or in the MiniRobot App (the mobile app for the Apollo Scooters), while connected to the Product.
Service E-mail: firstname.lastname@example.org.
Visit www.apollomvmt.com for the latest contact information.
The Product is manufactured by Shenzhen Manke Electronic Co. Ltd, located in Guangdong, China, and distributed by Apollo Imports Inc. located at 1009 Rue De Bleury, Montréal Canada, H2Z 0A3.
Serial Number Here
- Limited Warranty Period
This Limited Warranty covers all 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, Apollo Imports 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 later of either: (i) the original purchase date of the Product from an authorized Apollo Distributor or Dealer; and applies to the Product in the following ways:
Vehicle Body - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 6 months
- Front Wheel and Hub Motor Assembly
- Front Fork and Neck Assembly
- Rear Fork Assembly
- Control Board Assembly
- Stem (Battery Cabin)
- Folding Pedal
- Spring Cable
- Charge Port
- Bottom Cover (Metal)
- Other Components - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 180 days
- Battery Charger
- Battery Pack
- Electronic Throttle
- Electronic Brake
- Components Subject to Wear - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 90 days
- Handlebar Grips
- Handlebar Ends
- Rear Wheel
- Front Fender
- Rear Fender
- Brake Light
- Front Decorative Strips
- Rear Decorative Strips
- Deck Grip Tape
- Bottom LED Strip
- Front Fork Cover
- Folding Pedal Cover
- Reflective Stickers
- Bottom Cover (Plastic)
- Fastener Covers
- Charge Port Cover
- 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
- Apollo Imports Webpage www.apollomvmt.com or through e-mail: email@example.com
- If you discover what you believe is a defect for your Product, please contact Apollo Mvmt at firstname.lastname@example.org. Apollo’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 Apollo 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. Apollo must receive your defective Product within thirty (30) days from Apollo’s issuance of an RMA to you. Apollo may direct you to a designated third party for warranty repairs.
You will be responsible for the cost of shipping and insuring the shipment of your Product to Apollo, and you assume the risk of loss in the event your Product is lost or damaged during shipment from you to Apollo. You must include your defective Product within the original packaging or Apollo approved packaging, which will be provided at a cost, for the shipment of the Product to Apollo. Apollo is not responsible for any damages caused by your improper packaging or shipment of the Product to Apollo.
An authorized service provider will conduct an inspection of your Product. If Apollo determines that the problem is not covered under the Limited Warranty, Apollo will notify you and inform you of service or replacement alternatives that are available to you on a fee basis, or Apollo will return your Product to you unrepaired, and in such instance, you will be responsible for the cost of shipping and insuring the shipment of your Product from Apollo to you.
For eligible warranty claims, Apollo will service defective Product with new or reconditioned parts of same or similar style at no cost to you for the service. Parts replaced by Apollo will be retained by, and become the property of Apollo. For eligible warranty claims, Apollo will pay reasonable return shipping charges for the return of the Product to you.
- Limited Warranty Eligibility
- 3.1. Your request for service must be received by Apollo within the Limited Warranty Period as described above, and Apollo 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
- 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.
- 3.6. Your Product must have its tamper-resistant seals in place and unmodified.
- 3.7. The customer must bare the cost of replacement parts if at any point they need to be replaced.
- 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 users’ materials, use exceeding specified height, weight and age limits, use on stairs, walls and curbs, or to Apollo to verify your warranty eligibility. 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 Apollo.
- 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 Apollo.
- 4.8. That does not arise from Apollo’s product-design, technology, manufacturing or quality.
- 4.9. Caused by use of the product in rainy or wet (non-rainy) road conditions that can affect the internal battery. Apollo’s scooters are not waterproof nor water resistant, meaning that any damages by water will not be eligible under the limited warranty offered.
- Liability Disclaimer and Limitation
Apollo does not assume, or authorize 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. Apollo and are not responsible for any loss of use of a Product, its component parts, accessories, or for any inconvenience or other loss or damage which might be caused from any defect in a Product, its component parts, accessories, service repair, or for any other incidental or consequential damages 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. Apollo, AND THEIR RESPECTIVE AFFILIATED COMPANIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED 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.
Apollo’S AND ’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 Apollo’S OR ’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.
- Claims and Dispute Resolution
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 OF A 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 Apollo AND . YOU AGREE THAT YOU MAY ARBITRATE CLAIMS AGAINST Apollo AND 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. Apollo REQUIRES THAT YOU ARBITRATE YOUR CLAIMS AGAINST Apollo 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’sor 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 send to Apollo, by certified mail, a written notice of disputeat least thirty (30) days in advance of initiating the arbitration. The notice to Apollo should be addressed to: Attention: Disputes, 1009 Rue De Bleury, Montreal. 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 Apollo and you do not reach an agreement to resolve the claim within thirty (30) days after Apollo receives your notice, you or Apollo may commence an arbitration proceeding. You are encouraged to seek redress directly from Apollo, provided, however, Apollo does not require you to seek your redress solely from Apollo.
During the arbitration, the amount of any settlement offer made by Apollo or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Apollo is entitled to receive from the other party.
The arbitration shall be conducted by the Canadian Arbitration Association (CAA) pursuant to its Commercial6
Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively “CAA Rules”). The CAA Rules are available online at adr.org, or by calling the CAA at 1-800-778-7879. The Federal Arbitration Act governs this provision. Even after the termination of the Limited Warranty, the arbitrator shall decide all issues of interpretation and application of the Limited Warranty, and a court may determine the scope and enforceability of this arbitration provision. The arbitration shall be conducted before a singlearbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law.
Apollo shall pay for your cost of the arbitration. For any arbitration in which your total damage claims,exclusive of attorney fees and expert witness fees, is $5,000.00 or less (“Small Claim”), the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs as part of any award, but may not grant its attorney fees, expert witness fees or costs unless it is determined that any of the claimswas brought in bad faith. In a Small Claim case, you shall be required to pay no more than half of the totaladministrative, facility and arbitrator fees, or $50.00 of such fees, whichever is less, and Apollo shall pay theremainder of such fees.
Administrative, facility and arbitrator fees for arbitrations in which your total damage claims, exclusive of attorney fees and expert witness fees, exceed $5,000.00 (“Large Claim”), shall be determined according toCAA Rules. In a Large Claim case, the arbitrator may grant to the prevailing party, or apportion among theparties, reasonable attorney fees, expert witness fees and costs. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to providerelief warranted by that party’s individual claim.
Judgment may be entered on the arbitrator’s award in a Small Claim or Large Claim case in any court of competent jurisdiction.
This arbitration provision also applies to claims and disputes by you, the purchaser of the product, andall those in privity with you, including your family members, beneficiaries and assigns, against Apollo’s parent(s), subsidiaries and affiliates, and any person or entity that licensed, supplied, sold or distributed the product, and each of their officers, employees, 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 Apollo no later than thirty (30)calendar days after the date of the first consumer purchaser’s purchase of the product. To opt out you mustsend notice by e-mail to Apollo at optout@.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 calling 1-866-473-4929, prompt 2 no later than thirty (30)calendar days from the date of the first consumer purchaser’s purchase of the product and providing the sameinformation. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warrantyin any way, and you will continue to enjoy the benefits of the Limited Warranty.
The following is a description of the arbitration process:
- Mail a Notice of Dispute to Apollo. Prior to initiating arbitration against Apollo, you must first notifyApollo of your dispute. Please include your contact information, your concerns, and the relief you seek from Apollo, and any information you believe would be helpful in the resolution of your dispute. Apollo will review your Notice of Dispute to determine whether Apollo can satisfy your concerns without theneed for arbitration. The notice should be sent by certified mail to Attention: Disputes, Inc., 14Technology Drive, Bedford, NH 03110. Please keep a copy of your notice for your records.
don’t make a choice, the CAA will conduct the arbitration by written correspondence without an interactivehearing. If your claim exceeds $10,000, the right to a hearing will be determined by the CAA rules. Those rules currently provide for an in-person hearing if your claim exceeds $10,000, but you and Apollomay agree whether that hearing is in person or by telephone, or whether to instead proceed with written correspondence.
H. Arbitrator’s Decision. Within fourteen (14) days from the conclusion of the in-person or telephone hearing, or from the submission of all written evidence to the arbitrator if you have elected to conduct the arbitration through written correspondence, the arbitrator will render a written decision. That decision will includethe essential findings and conclusions upon which the arbitrator based his or her award. Apollo will immediately respond to the arbitrator notifying the arbitrator whether, and to what extent, Apollo will abideby the decision, perform the obligations it has agreed to do. Any decision by the arbitrator may be utilized by any party for any reason.
15. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.
In exchange for Buyer being allowed to use Apollo Mvmt Scooter's, Vehicles, and other equipment or related information provided by Apollo Mvmt, Rider agrees to fully release, indemnify, and hold harmless Apollo Mvmt and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) in which Rider utilizes Apollo Mvmt Scooter's, and every property owner or operator with whom Apollo Mvmt has contracted to operate Apollo Mvmt Scooter's and all of such parties’ owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Buyer's use of the Apollo Mvmt Scooter's, Vehicles, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. Such released are intended to be general and complete releases of all Claims.
“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Apollo Mvmt products, including any of the Vehicles, placement, equipment, maintenance, related information, this agreement or (b) Buyer's use of any of the foregoing.
To the fullest extent permitted by law, and as to Buyer's use of any of the Apollo Mvmt Scooter's, Vehicles, or related equipment, Apollo Mvmt and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the Apollo Mvmt Scooter's, Vehicles, and related equipment are provided “as is” and “as available,” and Buyer relies on them at Buyer's own risk.
Buyer is aware that Buyer's use of any of the Apollo Mvmt Scooter's, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Buyer or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
- vehicles and other objects;
- Provincial and federal laws & e-scooter legislation
- Vehicle or component malfunction;
- road conditions;
- weather conditions;
- failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to Section 1.7;
- commission of any of the prohibited acts listed in Section 1.8;
- failure to perform the required safety check pursuant to Section 3.1;
- failure to wear a helmet where required by law; and
- negligent acts or omissions by Apollo Mvmt, any other Released Person, Rider, or third party.
Buyer is solely and fully responsible for the safe operation of Vehicle at all times. Buyer agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Rider assumes full and complete responsibility for all related risks, dangers, and hazards.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of Apollo Mvmt, the Released Parties, any Municipality or any other party. Rider hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Buyer does not know or suspect to exist in his or her favor at the time of use of Apollo Mvmt Products, and expressly waives Buyer's rights under any statutes that purport to preserve Buyer's unknown claims.