Championship Edition eBike
Power Modes Indemnity Form
Championship Edition eBike Power Modes
*Requires Pass Code Access
Indemnity Form for Championship Edition eBike Power Modes
This indemnity is made in favour of N Plus Holdings Pty Ltd including associates (“N+ bikes”) by you (“the Consumer”) when you use your Championship Edition eBike (“eBike”) and when you access the higher power modes (>250 watts) protected by passcode (“Unrestricted”) for the limited purposes contained herein.
N+bikes and the Consumer have entered into a contract for the sale of the eBike as an e-bike under the relevant laws of the country where it is sold and used meaning that it is limited to 250 watts and 25km/h speed limit. Whilst the eBike is intended as an off-road e-bike it could be used on public roads and paths but only in a lawful manner in the Unrestricted mode. To use in Unrestricted mode on public roads in most countries it is necessary to undergo a legal process known as “type approval” which has not been undertaken for the eBike. For that reason a Consumer will only be able to use a passcode for Unrestricted mode for their eBike if they agree to provide this indemnity for the following purposes:
(a) Where Consumers wish to use their eBike on public roads in Unrestricted mode they agree they are fully responsible for all of the legal obligation to obtain type approval prior to use for that purpose; and/or
(b) Where Consumers wish to use their eBike for limited purposes other than on public roads, such as private property, off-road, private race track in a lawful manner in Unrestricted mode.
By use of the passcode to access and use the eBike in the Unrestricted power modes or otherwise by any use of the eBike, you as the Consumer, expressly agree and acknowledge:
(1) That it is the Consumer’s sole responsibility to ensure that the eBike is at all times used in accordance with all relevant laws, regulations and rules (as updated or amended from time to time) which may vary depending on the location where the eBike is used;
(2) That use of the eBike is not permitted or lawful on public roads or paths, and public areas without type approval;
(3) That, unless otherwise permitted by law, the eBike is to be used on private property only;
(4) That the eBike has been assembled in conformance with the User Manual including fitment of the torque arm;
(5) To defend, indemnify and hold N+ bikes and/or the dealer, retailer or distribution centre harmless from and against any and all claims (including negligence), liabilities, costs, expenses, losses, damages and settlement expenses, including legal costs, that N+ bikes and/or related parties may incur, whether directly or indirectly, resulting from, in connection with or arising out of any unlawful use of the eBike to the fullest extent permitted by law; and
(6) To forever discharge and release N+ bikes and/or the dealer, retailer or distribution centre and their officers, employees and agents from all actions, suits, causes of action, demands, claims, costs, losses and expenses of every description whatsoever resulting from, in connection with or arising out of any unlawful use of the eBike (including use in breach of any laws, regulations and/or rules) to the fullest extent permitted by law.
By completing this indemnity you as the Consumer expressly acknowledge and agree that you have read and understand the above terms and are legally bound by those terms.