These instructions set out some guidelines for the use of the motor Scooter you have acquired either directly or indirectly from us.
The references to “We”, “Us” or “Our” means Ozooma Scooters Pty Limited and the references to “You” or “Your” means a purchaser or User of one of our Scooters, whether an original purchaser or not.
You should make these instructions available to any User of the Scooter before they use it and to any person who buys the Scooter from you.
“User” means anyone allowed by you to use the Scooter.
Injury including death can be suffered by a User of a Scooter or caused to others by its use and you should not use or allow the Scooter to be used in a dangerous manner. We cannot list all of the possible ways in which Injury can be caused and each User must use good sense and restraint with a view to minimising the risk of Injury.
1. MANUAL
1.1 The Owners Manual issued, when the Scooter was first purchased, sets out important material regarding the preparation of the Scooter for use, maintenance and repairs, its various features and its use.
1.2 You should not use the Scooter or allow anyone else to use the Scooter without first having read the Owners Manual and in accordance with it.
1.3 These instructions are in addition to any material in the Owners Manual and do not replace them.
2. ROAD LAW
2.1 There are laws in each State and Territory of Australia dealing with the ownership and use of motor Scooters.
2.2 You should familiarise yourself with all relevant laws and make sure that
any User is familiar with them.
2.3 You must observe all relevant laws and make sure that any User does so.
3. MAINTENANCE AND REPAIR
3.1 The Scooter should not be used unless it is in a good state of repair.
3.2 All repairs should be carried out by a suitably qualified and experienced mechanic in accordance with good practice and manufacturer’s recommendations.
3.3 Without in any way limiting this warning, special care should be taken to ensure that tyres, brake discs or pads, lights and indicators are all in good working order and condition.
3.4 Tyres should be inflated and maintained at the pressure recommended by the manufacturer.
4. USERS
4.1 The Scooter should not be used by any person who does not have the physical or mental capacity to do so without risk of Injury.
4.2 Without limiting the generality of this clause, the Scooter should not be used by anyone who is:
4.2.1 too young to manage it safely;
4.2.2 too frail to manage it safely whether by reason of age or any other cause;
4.2.3 suffering from any form of disability which may affect their ability to manage the Scooter safely.
5. SURFACE CONDITIONS
5.1 The Scooter is designed for use on made road pavements and not for off road use.
5.2 It should not be used off road, unless the surface is comparable in quality with a made road pavement.
5.3 Special care should be taken when using the Scooter:
5.3.1 on damaged or poor quality road surfaces;
5.3.2 when the road surface is wet or affected by oil or other substances;
5.3.3 if the surface is affected by snow or ice;
5.3.4 in high wind or storm conditions;
5.3.5 if the road surface is affected by extreme heat.
5.3.6 when the road has a camber which creates special danger, is unusually steep or winding.
6. SPEED AND EXCESSIVE BRAKING
6.1 The use of the Scooter at inappropriate speeds is likely to cause Injury.
6.2 The Scooter should never be used at speeds in excess of those allowed by law.
6.3 In any case the Scooter should never be used at a speed which is not safe in the circumstances at the time including weather and road conditions.
6.4 Except when it is necessary in an emergency, brakes should be applied progressively and not suddenly.
7. USER CONDITIONS
7.1 The Scooter must not be used by anyone whose ability to use it safely is impaired by:
7.1.1 illness;
7.1.2 alcohol or any other drugs whether legal or illegal;
7.1.3 tiredness.
8. PROTECTIVE CLOTHING
8.1 The Scooter should not be used by anyone who is not wearing appropriate protective wear.
8.2 Protective wear must include anything which is required by law such as a helmet.
8.3 In addition, the User should wear other clothing and protective wear which would prevent or minimise Injury in the event of a fall or collision.
8.4 All protective wear must be properly fitted and worn in accordance with manufacturer’s recommendations and good practice.
8.5 A User must not wear or carry anything which increases the risk of Injury.
8.6 Examples of clothing which increase the risk of Injury includes inappropriate footwear such as thongs and clothing with hard or sharp surfaces.
9. FUELS AND LUBRICANTS
9.1 You must only use, in running and maintaining the Scooter, fuels and lubricants which are of the quality and specifications recommended by the manufacturer.
10. USE OF SCOOTER
10.1 The Scooter must not be used for any purpose other than that for which it was designed.
10.2 In particular, it must not be used:
10.2.1 for carrying passengers unless and to the extent that it is designed for that purpose; or
10.2.3 carrying loads greater than the maximum loads recommended by the manufacturer and by good practice.
11. AFTER SALES SERVICE AND WARRANTY CLAIMS
11.1 After sales service, warranty claims, your obligations and special advice will be dealt with in accordance with the terms set out in the Owners Manual.
12. LIMITATION AND EXCLUSION OF LIABILITY
12.1 In respect of the Scooter, our liability in respect of any claim for loss or harm is limited to:
12.1.1 refunding the purchase price of the Scooter;
12.1.2 replacing the Scooter;
12.1.3 paying the cost of repairing of Scooter;
12.1.4 repairing the Scooter.
12.2 To the extent allowed by law, any liability on our part to you is limited or excluded:
12.2.1 regardless of the existence of any degree of fault on our part;
12.2.2 including general damages, special damages, exemplary or punitive damages, direct and indirect losses, economic loss, loss in the value of any asset; and
12.2.3 including claims at law, in equity and pursuant to any legislation.
13. MANUFACTURER
13.1 The Scooter was not manufactured by us but was imported by us.
13.2 Any liability on our part in respect of the manufacture of the Scooter is limited to the liability created by the Trade Practices Act and any other relevant legislation and then to the extent that the legislation cannot be excluded only.
13.3 Otherwise any claims arising out of the manufacture of the Scooter should be directed to the manufacturer.
14. APPLICABLE LAW
14.1 Any claims in respect of the Scooter or any Injury caused by the Scooter will be subject to the law of New South Wales, Australia.
14.2 Unless we otherwise agree, any claims in respect of the Scooter or the use of the Scooter can only be made in the Courts of New South Wales, Australia.
15. INTERPRETATION
15.1 A reference to “Injury” in these User Instructions:
15.1.1 includes death and includes both physical and mental harm;
15.1.2 includes harm to the User of the Scooter and to any other person;
15.1.3 includes harm to property as well as to the person.