TERMS OF SERVICE AND LIABILITY AGREEMENT

TERMS OF PURCHASE, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK & INDEMNITY AGREEMENT. PLEASE READ CAREFULLY — THIS AFFECTS YOUR LEGAL RIGHTS.

By purchasing, receiving, assembling, servicing, contacting, or using any product from TN Ebike Canada (“TN Ebike”), including through tnebike.com, you acknowledge and agree to the following legally binding terms. “Equipment” refers to any e-bike, battery, charger, parts, accessories, or related products sold or serviced by TN Ebike. “Activities” include riding, operating, assembling, modifying, charging, transporting, servicing, or storing the Equipment. “Participant” means you and any person who uses or has access to the Equipment. You confirm that you are at least 18 years old, or that you are authorized to accept this agreement on behalf of all Participants, including minors, and this agreement applies to you and all Participants.

You understand and agree that using electric bicycles and related Equipment involves inherent risks, including but not limited to serious injury, disability, fire, property damage, or death; collisions with vehicles, pedestrians, or objects; mechanical or electrical failure; loss of control due to speed, terrain, or rider error; and lithium-ion battery risks, including overheating, fire, explosion, or improper charging or storage. You voluntarily assume all risks, known or unknown, associated with the Equipment and Activities.

All Equipment is accepted “AS IS,” subject only to any written warranty provided by TN Ebike. You agree to inspect the Equipment before use, stop using it immediately if defective, and maintain it properly. You acknowledge that components may fail without warning, even when properly maintained. You understand that there are many hazards related to the use of the Equipment. You understand that components of the Equipment or the Equipment itself including but not limited to frames, forks, handlebars, wheels, brakes, axels, bolts, skewers, tires, battery, display, electrical components and other parts may fail or become a hazard due to many reasons including but not limited to a design or manufacturing defect, overloading, stress, wear, or collisions with other bicyclists, vehicles, terrain or other objects. You understand that defects or failure of the Equipment are hazardous and inherent risks of using the Equipment and that such hazards can result in injury or death. You understand that collisions with other bicyclists, collisions with vehicles, collisions with pedestrians and dangerous road conditions or defective roads can result in INJURY OR DEATH and are inherent risks of any of the above Activities. 

Once an order has been shipped or delivered, the risk of loss transfers to the customer. TN Ebike is not responsible for delays caused by carriers, damage after delivery, or improper assembly after delivery. Customers must inspect products upon receipt and report any issues within 48 hours.

You understand that e-bikes sold by TN Ebike are limited to comply with Canadian regulations (500W / 32 km/h). Adjusting settings or modifying Equipment, including unlocking speed or power, may make the bike illegal for public road use, increase the risk of injury or damage, and void warranties. Any modification is done entirely at your own risk, and TN Ebike assumes no liability.

You agree to always wear a helmet and appropriate safety gear, follow all applicable federal, provincial, and municipal laws, never carry passengers unless the Equipment is designed for it, and use proper battery charging practices, including not charging unattended, using the correct charger only, and charging in a safe environment. You understand that no safety equipment can eliminate all risk.

To the fullest extent permitted by law, you agree to waive all claims, not sue or file any actions against TN Ebike, its owners, employer, employees, technician, contractors, suppliers, and affiliates (hereinafter, collectively, “Released Parties” and each a “Released Party”), and release TN Ebike and its released parties from all liability, including liability arising from negligence. This waiver applies to any claims related to injury, death, or property damage; product defects or failure; battery-related incidents, including fire or explosion; improper use, storage, or modification; and any service, repair, or installation work. you further agree not to sue, and to indemnify, defend and hold the released parties harmless from and against any and all claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or related to any of the foregoing including, but not limited to, any loss, damage or injury, including death, that may be sustained by you or a Participant or caused to others or their property by you or a Participant

You agree to indemnify, defend, and hold harmless TN Ebike from any claims, damages, or legal costs arising from your use or misuse of the Equipment, any Participant’s use, or any third-party injury or damage caused by you. You acknowledge that repairs and servicing may involve inherent risks and that TN Ebike is not responsible for issues arising from pre-existing conditions, undetected faults, or customer modifications or misuse. Post-service use is entirely at your own risk.

TN Ebike does not guarantee that any product will be legal in all jurisdictions or under all modifications, and you are solely responsible for compliance with local laws. This Agreement is governed by the laws of the Province of Ontario, Canada, and all disputes shall be resolved exclusively in Ontario courts. If any part of this Agreement is found unenforceable, the remaining provisions shall remain fully enforceable. This Agreement applies to all past, current and future use of TN Ebike products without requiring re-signing.

By purchasing or using TN Ebike products, you confirm that you have read and understood this Agreement, accept all risks, and agree to be legally bound by its terms. You acknowledge that you are waiving certain legal rights, including the right to sue.

SERVICE AND REPAIR TERMS & LIABILITY.

By requesting service or repair from TN Ebike Canada, you authorize technicians to inspect, diagnose, and perform work on your electric bicycle and its components. While TN Ebike strives to provide high-quality service, electric bicycles may have hidden or underlying issues that are not immediately visible, and no guarantee is made that repairs will resolve all existing or future problems. TN Ebike is not responsible for any pre-existing damage, wear and tear, or hidden defects that may affect the performance or outcome of the repair.

You acknowledge that servicing electric bicycles involves inherent risks, including the possibility of additional issues arising during or after repair, and by proceeding, you accept these risks. To the fullest extent permitted by law, TN Ebike Canada shall not be liable for indirect or consequential damages, injuries, death, loss of use, income, or business, or any issues arising after service is completed. Any liability, if established, shall be limited to the amount paid for the service.

After service is completed, you are responsible for inspecting the bike before use, performing regular maintenance, and ensuring safe operation. You must stop using the bike immediately if any issue is detected. TN Ebike is not responsible for issues caused by customer modifications or third-party parts not approved by TN Ebike Canada. By approving or proceeding with service, you confirm that you have read, understood, and agreed to these Service and Repair Terms & Liability.

TN Ebike Canada. Effective Date: May 13, 2023.