Terms and Conditions of Sale
By purchasing the RION APEX scooter, you expressly agree to the terms and conditions below.
PRODUCT LIABILITY DISCLAIMER and TERMS AND CONDITIONS, WARRANTY & LIABILITY WAIVER
Applicable state law notwithstanding, purchasers and users of LEO PEV, LLC products agree and accept to be bound by the following terms, conditions and notices. By the act of purchasing LEO PEV, LLC products, you agree to accept these terms and conditions of sale without exception, regardless of where purchased.
Please carefully review the following terms and conditions as they apply to all sales and uses of products sold by LEO PEV, LLC. The following terms and conditions include limited warranties and disclaimers of liabilities. By purchasing, keeping, using or allowing use of LEO PEV, LLC's products indicates your assent and agreement to all of these terms.
Terms of Sale
- The sale of LEO PEV, LLC products is conditioned upon the buyer’s acceptance, without modification, of the terms, conditions, and notices contained herein.
- Purchasers agree and accept that LEO PEV, LLC, its owners, officers, directors, employees, agents, affiliates, parent, subsidiaries, permitted successors and assigns shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages to property or life, whatsoever arising out of or connected with the use or misuse of our products.
- LEO PEV, LLC accepts no liability whatsoever for the safety of any of our products. It's the rider's responsibility to ride at their own skill level and maintain the APEX and so that it is safe to ride.
- You accept these products as-is with all faults (within warranty guidelines, please see below). You agree to use these products at your own risk. Risks include but are not limited to bodily harm, electric shock, electrocution, property damage, disability, and death.
- Any alterations or modifications to any of LEO PEV, LLC’s products in any respect by any person not employed or authorized by LEO PEV, LLC, will cause all such warranties to be canceled and void. This Limited Warranty does not cover normal wear and tear, tire and brake wear, or any damage, failure, or loss caused by improper assembly/installation, maintenance, storage or misuse of our products. This Limited Warranty shall be null and void if our products are ever used or installed in a manner other than for recreation or transportation, modified or adjusted in any way, rented, or improperly installed.
- LEO PEV, LLC Purchasers assume full responsibility to ensure that LEO PEV, LLC products are correctly installed and used in accordance with LEO PEV, LLC’s instructions and recommendations.
- The APEX is not meant for use in wet conditions and is NOT waterproof. Riding in the rain or in wet ground conditions is not recommended and will void your powertrain warranty.
- Purchasers agree to abide by all local laws and regulations where they live. The APEX is meant for closed course roads and track environments, but may be used in countries or localities where they are legal for on-road use. It is the purchaser's responsibility to be aware or their local laws and regulations for scooters and to follow such laws.
If you do not agree to these terms, please do not complete your purchase. If already placed, you may cancel your order for a complete refund.
Limited Repair/Replacement Warranty
Our products are warranted against any manufactured defect for a period of up to 12 months (aluminum frame and chassis) and 6 months (for the electronic powertrain), from date of delivery. LEO PEV, LLC shall reserve its right to determine whether to repair or replace our warranted products. Claims made under this warranty must be made in writing and presented to LEO PEV, LLC within 12 months for frame or chassis issues, and within 6 months for powertrain issues, from date of delivery.
High Risk Activity
Products sold by LEO PEV, LLC, such as the RION APEX are used in extreme sporting activity known as "Hyperscooting", "racing", etc.
Participation in these activities is associated with a high level of personal risk. Risks include, but are not limited to, serious physical injury, electric shock or electrocution, disability or death. You participate in this activity at your own risk and assume all liability.
Assumption of Risk
By purchasing, using, or allowing the use of LEO PEV, LLC's products, you understand and agree that extreme sporting activities including riding scooters at high speeds, or ” hyperscooting”, or any racing, whether officially sanctioned or not, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF LEO PEV, LLC., including but not limited to, equipment malfunction from whatever cause, or any other fault of LEO PEV, LLC.
Purchaser agrees to indemnify, defend and hold harmless LEO PEV, LLC and its owners, officers, directors, employees, agents, affiliates, parent, subsidiaries, permitted successors and assigns from and against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, penalties, injuries, setoffs, liens, attachments, judgments, debts, costs, expenses (including without limitation attorneys' fees and expenses) or other liabilities of every character whatsoever (collectively, "Liabilities") for property damage, bodily injury, sickness, and/or disease, including death, or for economic or environmental injury or damages sustained by any person or entity arising out of:
- the negligent acts, omissions, negligence or willful misconduct of Purchaser in the performance of its obligations pursuant to these terms and conditions;
- any misrepresentation made by Purchaser related to his/her purchase subject to these terms and conditions;
- any breach of these terms and conditions by Purchaser; or
- the failure of Purchaser to comply with, and any liabilities arising under, any applicable law. For the sake of clarity, the parties agree that consequential damages suffered by a third party which are an element of loss subject to indemnification hereunder shall be considered direct damages hereunder.
RION APEX Modification
Modification of the RION APEX through the use or misuse of LEO PEV, LLC products (or via VESC-Tool) can lead to vehicle malfunction or fire, causing serious risk. Risks include, but are not limited to, vehicle damage, property damage, bystander injury, electric shock, electrocution, fire, serious physical injury, disability or death. You are responsible for any modifications you perform on your or anyone else’s RION APEX. Modifications, depending on which they are, may void your APEX's warranty. If in doubt contact email@example.com for clarification or advice.
LEO PEV, LLC is not responsible, and will not be held liable for any modifications made to the APEX, through the use or misuse of its product, even if the modifications include, but are not limited to, bypassing or eliminating vehicle safety features, setting limits beyond what is installed at purchase in the VESC Settings and/or firmware (via VESC tool, or any other connected app that can make permanent changes), installing non-factory firmware, installing parts against the vehicle manufacturer safety regulation, advice, and standards, and/or improper installation and adjustment of LEO PEV, LLC. products.
Limitation Of Warranty
As set forth above under the limited warranty provisions, LEO PEV, LLC’s warranty is limited to repair or replacement of its products which are returned to it in the specified period of time. In no event shall LEO PEV, LLC. liability exceed the value of the product(s) sold.
No Reverse Engineering
In purchasing LEO PEV, LLC products, purchaser agrees to not decompile, reverse engineer, disassemble, isolate, separate, or otherwise attempt to derive source code or physical form of assembly, including proprietary methods of construction and/or operation, which may be further protected by patents, copyright, or other legal means. Purchaser agrees to not reverse engineer, copy, or duplicate any LEO PEV, LLC products, whether for personal use or public sale.
Many LEO PEV, LLC features on the RION APEX are protected by U.S. Patents, Patents pending, and Copyright.
Because the RION APEX is built to order for a specific customer, once it has shipped, all sales are final. Returns are only accepted if the APEX has not yet shipped to the customer. No returns or adjustments will be made except at the sole discretion of LEO PEV, LLC.
(a) Any controversy or claim arising out of these terms and conditions or any alleged breach thereof, shall be resolved by means of binding arbitration before a single arbitrator in accordance with the then existing Commercial Arbitration Rules of the American Arbitration Association. The arbitrator shall be a practicing attorney or retired judge with at least fifteen years total working experience as such. The arbitration shall be held in Los Angeles County, CA or any other place agreed upon at the time by the parties. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages. An award of damages shall include pre-award interest at the rate of ten (10) percent from the time of the act or acts giving rise to the award.
(b) A party may apply to the arbitrator seeking injunctive relief until an arbitration award is rendered or the dispute is otherwise resolved. A party also may, without waiving any other remedy, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party pending the arbitrator’s appointment or decision on the merits of the dispute. If the arbitrator determines that a party has generally prevailed in the arbitration proceeding, then the arbitrator shall award to that party its reasonable out-of-pocket expenses related to the arbitration, including filing fees, arbitrator compensation, attorney’s fees and legal costs.
(c) The arbitrator shall issue a reasoned award. Judgment upon the arbitrator’s award may be entered in any court having jurisdiction. The arbitration proceedings and arbitrator’s award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.
(d) The arbitrator shall require exchange by the parties of (i) the name and, if known, address and telephone number of each person likely to have knowledge of relevant information, identifying the subjects of the information, and (ii) non-privileged documents, including those in electronic form, that are relevant to the issues raised by any claim, defense or counterclaim or on which the producing party may rely in support of or in opposition to any claim, defense or counterclaim. The arbitrator shall limit such production based on considerations of unreasonable expense, duplication and undue burden. These exchanges shall occur no later than a specified date within 60 days following the appointment of the arbitrator. At the request of a party, the arbitrator may at his or her discretion order the deposition of witnesses. Depositions shall be limited to a maximum of three depositions per party, each of a maximum of four hours duration, unless the arbitrator otherwise determines. The arbitrator may allow such other discovery as he or she determines is reasonably necessary for a fair determination of the dispute. Any dispute or objections regarding discovery or the relevance of evidence shall be determined by the arbitrator. All discovery shall be completed within 120 days following the appointment of the arbitrator, unless the arbitrator otherwise determines.
Use and misuse of products sold by LEO PEV, LLC., including the RION APEX, involves serious risks including injury, disability and death. Purchasers assume all risks, as described in this document.
Inspect Before Each Use
Our products must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately notify LEO PEV, LLC. for a replacement or repair.
Voiding Warranty of RION APEX
You agree to not modify the VESC settings that ship with the APEX beyond the firmware set limits, either by directly changing the values or by installing non-standard, non-stock firmware. Any edits to firmware or efforts to bypass the settings in VESC Tool, or any other firmware update software (METR app, for example) will result in a voided warranty. Using any charger except that which is supplied with your APEX, or is expressly approved by us, will also void your warranty.
The PRODUCT LIABILITY DISCLAIMER document states the entire obligation of LEO PEV, LLC, with respect to all products sold. If any part of this disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.
Your order from LEO PEV, LLC., and this disclaimer statement are governed by the laws of the State of Delaware. You hereby consent to the exclusive jurisdiction of Delaware, in all disputes arising out of or relating to the use of this product. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Modification of Terms and Conditions
LEO PEV, LLC., reserves the right to change the terms, conditions, and notices under which its products are offered.