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Website Warranty Disclaimer
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Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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If you have any questions or comments about our Company, this Site, its Content, or these Terms, you may contact us at:
Mobius Mobility LLC
540 North Commercial Street
Manchester, NH 03101
Last Updated November 2019
Terms & Conditions
Terms and Conditions for iBOT® Personal Mobility Device (“iBOT® PMD”)
Effective on the date listed on the iBOT® Quotation (“Effective Date”), Mobius Mobility LLC of 540 North Commercial St., Suite 310, Manchester, NH 03101 (“Seller”) and the person listed on the iBOT® Quotation who will use the listed products, services, or both (“User”) agree to the following terms and conditions for the sale of the products, services, or both listed in the iBOT® Quotation:
The following terms 1 and 2 apply to the purchase of any iBOT® PMD requiring configuration and training:
- iBOT® PMD Configuration. Seller has configured the iBOT® PMD, as described within the Exhibit A provided with the iBOT® Quotation.
- Configuration, Fitting, Training.
a. User is acquiring this iBOT® PMD for User’s personal use.
b. Before entering into this sale, User has:
i. Completed a Seating Assessment by User’s clinician, who together with the Seller, determined the configuration of this iBOT® PMD.
ii. Obtained a prescription for the iBOT® PMD from User’s clinician.
c. Within 90 days following the Effective Date, User shall attend and complete a training program (“iBOT® PMD Training”) with a Mobius Mobility Certified Trainer. During that training program, the Certified Trainer will custom fit the iBOT® PMD for the User per the Seating Assessment.
d. Following completion of iBOT® PMD Training, certain modes of the iBOT® PMD may be disabled by the Certified Trainer for User’s use. This determination will be made in accordance with the ibot® by Mobius Mobility user manual.
The following terms 3 through 8 apply to all purchases of the iBOT® PMD and iBOT® PMD parts:
- Purchase. These terms apply to the purchase of the products that appear on the face of the iBOT® Quotation.
- No Right to Return.
a. Seller does not accept returns of iBOT® PMDs.
b. Neither User nor any other party has a right to return any iBOT® PMD part, unless such return has been authorized by the Seller. Returns must be authorized, and may at Seller’s discretion be subject to a fifteen percent (15%) restocking fee.
a. Delivery of all iBOT® PMDs and/or iBOT® PMD parts (“Product” or “Products”) shall be as specified on the iBOT® Title and risk of loss to the Products transfers to User FOB seller’s dock, 540 N Commercial Street, Manchester, NH 03101. If Seller delivers to User’s designated carrier, Seller shall package the iBOT® PMD on a pallet with a cardboard overpack.
b. Seller is not responsible for the disposal of User’s current wheelchair or for any iBOT® PMD Parts unless such parts are authorized by the Seller to be returned.
c. User acknowledges that Seller requires certain biographical information about User in order to inform User’s designated carrier of where to ship Products. As such, User will inform Seller of, and Seller is authorized to use, the User’s: Name, address, telephone number, and any other contact information necessary for Seller to complete delivery.
- Product Warranty. Unless otherwise agreed to by the parties in writing, Seller’s Limited Warranty is as attached to the iBOT® Quotation as Exhibit B and is available at the following link: https://mobiusmobility.com/terms-of-use/. Seller makes no other warranty.
SELLER DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. EXCEPT AS SET FORTH IN THE ATTACHED LIMITED WARRANTY: (A) THE PRODUCTS ARE PROVIDED AS IS (B) THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH THE USER; AND (C) IF THE PRODUCT PROVES DEFECTIVE AFTER PURCHASE, THE USER, NOT THE MANUFACTURER, DISTRIBUTOR OR RETAILER, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
- Operating Software License. Purchase of an iBOT® PMD includes a license to use the software contained therein, which may not be copied, decompiled, altered or transferred.
- Third Party Suppliers. User acknowledges that Seller provides some iBOT® PMD parts that may come from third party sellers that Seller purchases from in its normal course of business (“Third Party Supplier(s)”). Any iBOT® PMD parts purchased by Seller for User from any Third Party Supplier will be considered delivered, and risk of loss for any such iBOT® PMD parts will transfer from Seller to User, in accordance with any delivery and risk of loss terms agreed to by Seller and any Third Party Supplier for any such iBOT® PMD parts.
The following terms 9 through 13 apply to any services quoted on an iBOT® Quotation not covered by the Product Warranty specified in 6, above:
- Method of Providing Services. Depending on the issue, Seller may elect to provide the services appearing in the iBOT® Quotation by any of the following methods: shipment of replacement part(s) or component(s) with instructions for installation, requiring User to ship the iBOT® PMD or component to a Seller-designated service center, or by such other means as reasonably determined by Seller.
- Refurbished Parts. At Seller’s discretion, any repaired or replacement iBOT® PMD parts or components may, in Seller’s discretion, contain refurbished parts.
- Risk of Loss During Shipment for Services. If shipment of the Product(s) is required in order to conduct the services, User retains title to and has risk of loss or damage to any Products. In the event that the repair requires new Product, title to and risk of loss of such Product shall pass to User FOB Seller’s dock. For products that are provided by a third party and not by Seller, title and risk of loss shall transfer to User as stated in the third party’s terms and conditions.
- Seller Discretion Regarding Unexpected Modifications or Conditions. Seller and Seller’s technicians, in their sole discretion, may decline to complete the services described in the iBOT® Quotation if Seller or Seller’s technician discovers that the iBOT® PMD has been modified in ways that are inconsistent with the ibot® by Mobius Mobility user manual or if the conditions of the area in which the services are to be provided are dangerous or unsanitary.
- Service Warranty. Seller warrants that all services will be provided in a professional and workmanlike manner. Seller does not guarantee that any provided service will be sufficient to restore the iBOT® PMD to operating condition or achieve the goal of providing the services. OTHER THAN THIS LIMITED SERVICE WARRANTY, SELLER DISCLAIMS ANY OTHER WARRANTIES REGARDING THE SERVICES. SERVICES ARE PROVIDED AS IS.
The following terms 14 through 27 apply to all iBOT® PMD Quotations:
- Price/Payment. The total price, method of payment, and person responsible for payment, if different than the User, shall be as listed on the iBOT® Quotation.
- Taxes. The total price does not include sales, use, excise, or any other taxes. User is responsible for payment of all taxes. If not the User, the person listed on the face of the iBOT® Quotation as responsible for payment shall pay all such taxes.
- Shipping. User, or the person listed on the face of the iBOT® Quotation as responsible for payment, shall pay all shipping costs.
- Transaction fees and Purchases Made with Credit Cards. Seller shall not be responsible for any transaction fees associated with any method of payment including credit card payments, which will be subject to a 3.6% credit card surcharge fee payable by the individual or entity responsible for payment listed on the iBOT® The parties agree that all payments made by credit card shall be transactions in the state of New Hampshire and governed by New Hampshire law.
- Acknowledgement and Assumption of Risk. (i) Use of the iBOT® PMD involves risk of death or serious injury. Any iBOT® PMD being sold pursuant to these Terms and Conditions has been configured and custom fit (as provided above) for User. User shall not allow any other person to use User’s iBOT® User shall read, understand, and follow all instructions and warnings contained in the ibot® by Mobius Mobility user manual to be or that was delivered with the iBOT® PMD. (ii) User agrees that he or she will not attempt to repair his or her iBOT® PMD nor replace any of its components unless the repair or replacement is identified as a repair or replacement that the User is capable of undertaking in applicable instructions provided by Seller (a “User Repair”). User agrees that he or she will read and follow all User Repair instructions provided by Seller to User related to the Products covered under these Terms and Conditions. For any non-User Repair, User agrees that he or she will only use Seller authorized representatives in order to accomplish any repairs and replacements.
- User Default. If User or the person responsible for payment listed on the iBOT® Quotation defaults and fails to complete the purchase of the Products described in the iBOT® Quotation and these Terms and Conditions, Seller shall be relieved from any further obligation hereunder, and Seller shall have the right to retain the deposit, if any, as liquidated damages.
- Seller Default. If Seller defaults and fails to complete the sale of the Products described in the iBOT® Quotation, Seller shall return the deposit, if any, and each party shall thereupon be relieved from any further obligation hereunder. Seller shall have no other liability.
- Force Majeure. Each party shall be excused from performing its obligations (except for payment obligations) caused by events beyond its reasonable control including, but not limited to, acts of God, acts of third parties, acts of any civil or military authority, fire, floods, war, embargoes, labor disputes, acts of sabotage, riots, accidents, delays of carrier, subcontractors or suppliers, voluntary or mandatory compliance with any government act, regulation or request, shortage of labor, materials, contagion, or disruption to manufacturing facilities.
- Assignment. User may not assign any rights or obligations hereunder without Seller’s prior written consent.
- Governing Law. The iBOT® Quotation and these Terms and Conditions shall be governed by the laws of the state of New Hampshire.
- Arbitration. Any controversy or claim arising out of or relating to this sale or these Terms and Conditions, or the breach thereof, shall be settled by arbitration with a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Unless otherwise agreed the arbitration shall be conducted in Manchester, New Hampshire. Neither party shall institute any legal or equitable action against the other in any case with respect to a controversy or claim arising out of or relating to this Agreement, or the breach thereof, except to compel arbitration pursuant hereto or to confirm the arbitrator’s award.
- Severability. If any provision of these Terms and Conditions is determined by any final arbitration award or court order to be illegal, unenforceable or invalid, in whole or in part, the remaining provisions shall not be affected or impaired, and shall continue in full force and effect.
- Entire Agreement. The iBOT® Quotation and these Terms and Conditions, including all Exhibits provided with the iBOT® Quotation, state the entire agreement of the parties related to the subject matter hereof and may only be amended by a written amendment signed by both parties.
- Sales to the United States Department of Veterans Affairs. In the event that the purchaser of the Product(s) is the United States Department of Veterans Affairs, the terms that apply to the purchase shall be those terms stated in Federal Supply Schedule Contract 36F79721D0202, or such terms and conditions as the VA chooses to applies at the time the purchase order is issued. No other terms listed in these Terms and Conditions shall apply.
Mobius Mobility LLC provides the following Limited Warranty to the original retail purchaser (“Original Purchaser”) of an iBOT® Personal Mobility Device (“iBOT® PMD”). This Limited Warranty is non-transferable. Mobius Mobility LLC warrants that the various component parts of the iBOT® PMD (other than the Seating System, which is warranted by the Seating System manufacturer) will be free from defects in material and workmanship during the Applicable Warranty Periods as set forth below. All warranty periods begin on the date the iBOT® PMD is delivered to the Original Purchaser.
|Component||Applicable Warranty Period|
|Structural frame, Main Chassis, Seat Interface, Drive Wheels and all other structural components of the iBOT® PMD, other than the Seating System and the components listed below under the Two (2) years Applicable Warranty Period
|Five (5) years|
|Clusters, motors, and all other electronic and electromechanical components
(other than Batteries and Battery Charger)
|Two (2) years|
|Batteries and Battery Charger
|Six (6) months|
|Tires, inner tubes and Caster Wheels||Thirty (30) days|
All components of the Seating System, including but not limited to, structural seat frame, seat cushion, back cushion, back rest, arm rests, leg and foot supports, head rests, and positioning components are covered by the Seating System manufacturer’s limited warranty and are not covered by this Mobius Mobility LLC Limited Warranty. Mobius Mobility LLC will assist Original Purchaser in presenting warranty claims to the Seating System manufacturer.
To obtain warranty service the Original Purchaser must, during the Applicable Warranty Period, contact Mobius Mobility LLC at 1-833-3GO-IBOT (1-833-346-4268) during normal business hours (Monday through Friday 9:00 AM – 5:00 PM U.S. Eastern Time, excluding Mobius Mobility LLC’s observed holidays). If Mobius Mobility LLC, in its reasonable discretion, determines that the iBOT® PMD is covered by this Limited Warranty, then Mobius Mobility LLC will repair or replace the iBOT® PMD.
Depending upon the issue, Mobius Mobility LLC may elect to provide warranty service by any of the following methods: shipment of replacement part or component with instructions for installation, require shipment of the iBOT® PMD or component to a service center, or other means reasonably determined by Mobius Mobility LLC.
Any repaired or replacement iBOT® PMD or component may, in Mobius Mobility LLC’s discretion, contain refurbished parts.
If requested by Mobius Mobility LLC, the Original Purchaser must ship the iBOT® PMD or component (in packaging provided by Mobius Mobility LLC) to a service center designated by Mobius Mobility LLC. The Original Purchaser retains title and has risk of loss or damage while the iBOT® PMD is in transit, so Mobius Mobility LLC recommends that the Original Purchaser maintain adequate insurance coverage.
All warranty service (other than certain customer-replaceable parts or components as provided below) must be provided by Mobius Mobility LLC or a Mobius Mobility LLC authorized service provider.
Mobius Mobility LLC may request that the Original Purchaser replace certain customer-replaceable parts or components. If Mobius Mobility LLC does so, it will send the replacement part or component with installation instructions to the Original Purchaser. The Original Purchaser shall install that part in accordance with those instructions and, if requested by Mobius Mobility LLC, return the replaced part or component to Mobius Mobility LLC.
The Applicable Warranty Period for the repaired or replacement iBOT® PMD part or component is the longer of (i) the remainder of the Applicable Warranty Period for the part or component which received service under this Limited Warranty, or (ii) 90 days following delivery of the repaired or replacement iBOT® PMD or component to the Original Purchaser.
Title and ownership of any iBOT® PMD (and any part or component thereof) which is returned to Mobius Mobility LLC and replaced by Mobius Mobility LLC shall vest in Mobius Mobility LLC.
Mobius Mobility LLC’s repair or replacement of the iBOT® PMD is the Original Purchaser’s sole and exclusive remedy under this Limited Warranty. Mobius Mobility LLC does not provide a loaner iBOT® PMD in connection with warranty service.
This Limited Warranty does not cover damage or malfunction directly or indirectly caused by: use of the iBOT® PMD in violation of or not in accordance with the instructions set forth in the ibot by Mobius Mobility user manual; failure to maintain the iBOT® PMD as set forth in the ibot by Mobius Mobility user manual; disassembly, modification of, or attempt to repair the iBOT® PMD by any person not approved by Mobius Mobility LLC; ordinary wear and tear, which, depending upon the amount of use of the iBOT® PMD, may result in tires, inner tubes, Caster Wheels, Batteries or other components needing repair or replacement prior to expiration of the Applicable Warranty Period and will not be covered by this Limited Warranty; punctures, tears or burns; factors external to the iBOT® PMD such as, without limitation, failed or faulty electrical power, accidents, collisions, dropping, striking objects with the iBOT® PMD, or objects striking the iBOT® PMD.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF MOBIUS MOBILITY LLC ARISING OUT OF OR IN CONNECTION WITH ANY iBOT® PMD EXCEED THE LESSER OF THE COST OF REPAIRING OR REPLACING THE iBOT® PMD OR THE PURCHASE PRICE PAID BY THE ORIGINAL PURCHASER. IN NO EVENT WILL MOBIUS MOBILITY LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOST PROFITS, DAMAGE TO PROPERTY, LOSS OR DAMAGE TO OTHER ASSETS, WHETHER OR NOT FORESEEABLE, AND WHETHER OR NOT MOBIUS MOBILITY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR MOBIUS MOBILITY LLC COULD FORESEE SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY MOBIUS MOBILITY LLC FOR THE iBOT® PMD. MOBIUS MOBILITY LLC EXPRESSLY DISCLAIMS (OR, IF DISCLAIMER IS NOT ALLOWED, LIMITS IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY) ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER IMPLIED WARRANTIES. MOBIUS MOBILITY LLC MAKES NO WARRANTY THAT THE iBOT® PMD WILL: (A) MEET THE PARTICULAR OR SPECIAL NEEDS OF THE ORIGINAL RETAIL PURCHASER; (B) OPERATE IN COMBINATION OR CONJUNCTION WITH ANY OTHER EQUIPMENT OR MATERIALS NOT PROVIDED AND APPROVED BY MOBIUS MOBILITY LLC; (C) PROVIDE UNINTERRUPTED OR ERROR FREE OPERATION; OR (D) THAT ANY DEFECT CAN BE CORRECTED AT ALL OR BE CORRECTED WITHIN ANY PARTICULAR TIME PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND/OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Application of Laws
This Limited Warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.
This Limited Warranty shall be governed by the laws of the state of New Hampshire.