To activate this Warranty, please go to your Verge Club account. See “What does this Warranty cover?” below.

If you transfer ownership of your Verge Motorcycle, you must release the motorcycle VIN number in your Verge Club account so that the warranty can also be transferred to the new owner. See “Your responsibilities” below.

Definitions

• The provider of this Verge Motorcycles Limited Commercial Warranty (“Warranty“) is Verge Motorcycles OÜ (“Verge“, “we“, “us“, “our“) (registry code: 16535648), a limited liability company established under the laws of Estonia, with the address Ilunurme tee 10/1, Liivamäe küla, 74207 Harju maakond, Estonia.
• “You“, “your” refers to a consumer who bought the Verge Motorcycle from an Authorized Retailer or a consumer who is the consecutive owner of such Verge Motorcycle.
• “Verge Motorcycle” means a new Verge electronic motorcycle originally purchased from us or one of the other Verge group companies as set out in Appendix 1 (“Authorized Retailers“). Any test ride models and promotional models shall not constitute a Verge Motorcycle subject to the terms of this Warranty.
• “Power Battery” means the high voltage lithium battery installed in your Verge Motorcycle.
• “Warranty Period”
  • is twenty-four (24) months on your Verge Motorcycle, (excluding the Power Battery), from the date of the original delivery of a new Verge Motorcycle from an Authorized Retailer;
  • is five (5) years for the Power Battery of your Verge Motorcycle from the date of the original purchase of a new Verge Motorcycle from an Authorized Retailer; and
  • if you are a consecutive owner of a Verge Motorcycle, the remaining part of the Warranty Period remaining from the original purchase will be transferred to you upon your purchase under the Warranty Period.
• “Normal Use Conditions” means ordinary consumer use in accordance with the instructions provided by Verge and Authorized Retailers to you, including but not limited to the user manual that is provided to you upon delivery of the Verge Motorcycle (“User Manual“) (as updated from time-to-time) as well as other instructions and notices provided in connection with the purchase of the Verge Motorcycle from an Authorized Retailer and/or otherwise from time-to-time.

Limited Commercial Warranty

This Warranty sets out your specific rights in your capacity as a consumer in respect of your Verge Motorcycle.

In addition to the rights specified in this Warranty, you may also have other legal rights varying based on your country and state of residence in the EU to which Verge provides its products and services, in Monaco or in the UK. This Warranty does not limit your rights under mandatory provisions of applicable laws, including but not limited to applicable consumer protection laws. Irrespective of this Warranty, you may still exercise your statutory warranty rights, free of charge, against the Authorized Retailer from whom you bought the Verge Motorcycle or against us if we sold you the Verge Motorcycle.

In addition to such other rights, this Warranty is considered as a final, complete and exclusive warranty. Except for the express limited warranties provided in this Warranty, Verge disclaims all other express and implied warranties and representations of any kind, including any implied warranty of merchantability or fitness for a particular purpose. If and to the extent that an implied warranty cannot be disclaimed, to the extent permitted by applicable law, its duration is limited to the Warranty Period.

No person or entity (including an Authorized Retailer) is authorized to make any other warranties or representations on behalf of Verge. No Verge employee or representative, Verge’s affiliates, Authorized Retailers or any third party is authorized to make any modification, extension or addition to this Warranty or any part of these terms.

For your future reference, we recommend that you print or save a copy of this Warranty.

What does this Warranty cover?

Verge warrants that in case any material, structural and other lack of conformity in the Verge Motorcycle and/or the Power Battery are detected during the applicable Warranty Period in Normal Use Conditions, Verge agrees to repair or replace the Verge Motorcycle, the Power Battery and/or any parts that are covered by this this Warranty subject to the terms set forth herein.

This Warranty covers:

• the Verge Motorcycle, including the following items therein:
  • frame, swing arm, fork, rear shock, brake assemblies; and
  • wheels and electrical sub-assemblies;
• the Power Battery and its components, including:
  • the battery management system and internal wiring; and
• the Verge Motorcycle accessories installed in your Verge Motorcycle by an Authorized Retailer at the time of delivery.

If Verge repairs or replaces the Verge Motorcycle and/or the Power Battery under this Warranty, the repaired or replaced Verge Motorcycle and/or the Power Battery shall continue to be warranted for the remaining time of the original Warranty Period or for three (3) months from the date of the repair or replacement, whichever is longer.

How can you get warranty service?

In order to activate the Warranty on your Verge Club account and to get the possibility to access enhanced customer support, you must register the Warranty in your Verge Club account after the Verge Motorcycle has been delivered to you. Please log in to your Verge Club account and submit the VIN number (vehicle identification number) of your Verge Motorcycle when prompted.

You can obtain warranty service and receive assistance by contacting us at the email address in Appendix 1 and/or submitting a warranty claim form through your Verge Club account. You must submit a warranty claim within a reasonable time from detecting the issue and at the latest within two (2) months after detecting the issue. To the maximum extent permitted by applicable law, if we consider that based on the submitted warranty claim form it is necessary to bring the Verge Motorcycle in for warranty service, we will give you instructions on how to bring in the Verge Motorcycle to us.

When we have taken the Verge Motorcycle in for warranty service, we will determine if there is a defect or malfunction covered by this Warranty. If we find a lack of conformity covered by this Warranty, we will repair or replace (depending on the nature of the defect/malfunction, your preferences and other circumstances) your Verge Motorcycle at our expense. Repair or replacement may involve the use of reconditioned and/or refurbished parts functionally equivalent to new ones, unless prohibited by mandatory law.

Please note that determining the defect or malfunction and carrying out the warranty service may take longer in some cases, depending on the features and components of your Verge Motorcycle.

In the event that any part of or the entire Verge Motorcycle and/or the Power Battery are replaced in the warranty service, we will not return your original Verge Motorcycle and/or Power Battery (or any part thereof) to you.

In some cases, we may determine that repair or replacement is not possible or reasonable to fix the defect or malfunction. In such event we may offer you a discount or refund you the purchase price of the Verge Motorcycle as your sole remedy. You may have the right to ask for a refund or a discount, for example, if we have not been successful in our efforts to repair or replace your Verge Motorcycle.

What is not covered by this Warranty?

This Warranty does not apply to any software nor to any other products required to use the Verge Motorcycle which are not installed to or otherwise included in the Verge Motorcycle at the time of the original purchase of the Verge Motorcycle.

Any license to use the Verge software is set out in the Verge System Terms of Use. Other products are subject to other terms, even if intended or labelled to be used together with the Verge Motorcycle.

Even if this Warranty does not apply to your Verge Motorcycle, this does not affect or limit any remedy that you may be entitled to you under applicable consumer protection laws, including any statutory rights for a refund, replacement or repair of the Verge Motorcycle against the retailer from whom you purchased the Verge Motorcycle.

This Warranty does not apply if the Warranty Period has expired or if the Verge Motorcycle and/or the Power Battery is not used in Normal Use Conditions and in accordance with the terms of this Warranty. This Warranty does not cover, and Verge is not responsible under this Warranty for damage or malfunctions to the Verge Motorcycle and/or the Power Battery or loss or deterioration of them resulting from:

• use and maintenance not in accordance with Normal Use Conditions;
• any other misuse, neglect, or abuse of the Verge Motorcycle (e.g., burnouts, wheelies, stoppies, off-road use, racing or competition of any kind);
• rust, pitting, corrosion, fading of paint and colors, peeling and detachment of painting work, labels and stickers;
• an accident (e.g., fire, accidental physical impact, collision, fall, crash etc.), theft or improper storage;
• use against any express instructions provided by Verge;
• a continued use of Verge Motorcycle after a warning light displayed or other notice indicating a mechanical or operational problem;
• use of or equipment installed on the Verge Motorcycle in violation of any laws, regulations or ordinances in effect in the geographical area where the Verge Motorcycle is used or registered;
• repairs, modifications or adjustments made by others than Verge or Authorized Retailers;
• installation or use of components not approved by Verge, including but not limited to, tires, suspensions, electric components, handlebars, etc.;
• unauthorized removal, alteration and/or reprogramming of the Power Battery, stock components or software affecting the designed performance, functionalities or protection;
• unauthorized opening or attempted opening of the Power Battery (the Power Battery is not considered customer serviceable component and should not be attempted to be opened.);
• failure to maintain the Power Battery charge, or failure to store the Verge Motorcycle, in accordance with the instructions in the User Manual;
• installation or use of any charger not approved by Verge for the Verge Motorcycle;
• running without factory certified fluids;
• acts of God, such as lightning, flood, tornado, earthquake or hurricane or other circumstances outside Verge’s control;
• exposure to excessive surrounding temperatures or extreme weather conditions causing accelerated battery cell capacity degradation;
• cosmetic damages (such as scratches) due to abuse, improper maintenance or environmental conditions; and/or
• commercial use (such as taxi and delivery services), law enforcement, military, government or professional use (such as professional or hobby racing and driving learning/training days on and off a race track).

Furthermore, this Warranty does not cover and Verge is not responsible for damage to the Verge Motorcycle and/or the Power Battery Product or loss or deterioration of them resulting from normal wear and tear, including, but not limited to tires, brake pads and rotors, bearings and gaskets, fork seals and battery maintenance.

Please note that due to physical and chemical features of the Power Battery, there is a habitual capacity degradation that the Power Battery can yield over time and use. Depending on the use and storage of your Verge Motorcycle, the Power Battery is expected to degrade during the Warranty Period and this Warranty covers only repair or replace in respect of such Power Battery that during the Warranty Period exhibits a storage capacity reduction of greater than 20% (twenty percent) of the published capacity measured by an Authorized Retailer or Verge.

We reserve the right to use factory certified Power Battery with a pro-rated state of health as a warranty service replacement component. If the degraded Power Battery covered by this Warranty is completely non-operating, the Power Battery will be replaced with an entirely new Power Battery. If the Power Battery is operating, yet it has receded beyond design expectations, the pro-ration of state of health will be applied based on the remaining useable life of the Power Battery.

No data loss is covered by this Warranty. You are solely responsible for backing up regularly your data, electronically or physically if you wish to retain your data. No loss, damages, loss of profit or costs in respect of data recovery, removal or installation are covered under this Warranty.

Under this Warranty, neither Verge nor its Authorized Retailers shall be responsible for any indirect, incidental, special or consequential loss or damages or loss of profit to you relating to your Verge Motorcycle and this Warranty, including, but not limited to, transportation to and from a Verge service center, loss of vehicle value, loss of time, loss of income, loss of use, loss of personal or commercial property, inconvenience or aggravation, commercial loss (including but not limited to lost profits or earnings), towing charges, bus fares, vehicle rental, service call charges, gasoline expenses, lodging expenses, damage to tow vehicle, and incidental charges such as telephone calls, facsimile transmissions, and mailing expenses.

The aforementioned does not apply to damage or loss caused by negligence of Verge or its employees or Authorized Retailers.

Your responsibilities

Please read the User Manual carefully prior to operating your Verge Motorcycle. We may update the User Manual from time-to-time, e.g., due to new functionalities being introduced. We will also notify you of such updates.

We also recommend that you follow the maintenance program provided in the User Manual including but not limited to conducting inspections on your motorcycle once per year.

Upon gifting or selling your motorcycle to a new owner, you are responsible for releasing the motorcycle VIN number in your Verge Club account and with the registration authority in your country to the new owner. Additionally, it is on your responsibility to pass on the User Manual, safety warnings and this Warranty in the event the Verge Motorcycles is sold, gifted or otherwise transferred to someone else.

Applicable law and dispute resolution

This Warranty shall be governed by and construed in accordance with the laws of Estonia, without regard to the principles of conflicts of law of any jurisdiction. Nothing in this Warranty will limit your rights as a consumer that cannot be limited or excluded by applicable mandatory law.

Any dispute concerning this Warranty may be dealt with by the non-exclusive jurisdiction of the Harju County Court (Harju Maakohus) in Tallinn, Estonia.

If you are a consumer residing in a member state within the EU to which Verge provides its products and services, in Monaco or in the UK, you may bring any dispute concerning this Warranty to the courts of the place where you live. In addition, alternative dispute resolution mechanisms may be available for such consumers. You can access the European Commission’s online platform for online dispute resolution here: http://ec.europa.eu/consumers/odr/.

Appendix 1

To obtain warranty service or assistance, please send an email to: warranty@vergemotorcycles.com.

List of Authorized Retailers: