Terms of sale
Terms of Purchase
The Gouach Infinite Battery Kit (the “Battery Kit”) empowers you to build your own e-bike battery with leading components, including a casing designed to enhance safety and protect against fire hazards.
By purchasing the Battery Kit or any related accessories sold by Capacité you hereby acknowledge that you are at least 18 year of age and that you have read, understand and agreed to be bound by the following:
Battery Kit Basics:
The Battery Kit consist of a battery casing, a charger and support to connect the battery to the bike. The Battery Kit does not contain the lithium-ion cells required to make the battery operational and it is your responsibility to source and purchase lithium-ion cells that are suitable for the Battery Kit in order to create a functioning battery that is safe for your intended use.
What is Required of You:
· You are responsible for determining the correct amount of voltage for the safe operation of your e-bike.
· You are responsible for sourcing and using safe, quality lithium-ion cells to place in the Battery Kit to power your e-bike and you should only use lithium-ion cells that are UL2271 certified.
· You are responsible for ensuring your use of the Battery Kit complies with all applicable local, state, and federal laws and regulations and that your use of the functioning Battery Kit on your e-bike is in compliance with all applicable local, state and federal laws.
You are responsible for assembling the Battery Kit and for making the Battery Kit function as an operating e-bike battery.
· You are responsible for testing the functioning battery prior to using the battery on any e-bike or on or with any other equipment/machinery and for continuously monitoring the health of the functioning Battery Kit through the My Gouach app.
· Once properly tested, you are responsible for safely mounting the functioning battery to your e-bike, ensuring that the e-bike operates in a safe manner with the functioning Battery Kit and for the safe operation of your e-bike.
Battery Assembly:
In accordance with the instructions provided with the Battery Kit and the Gouach website (www.gouach.com), it is your responsibility to add lithium-ion cells to the cell holder contained in the Battery Kit, to attach the Battery Kit to the e-bike in a safe manner and ensure that the e-bike operates in a safe manner using the operational Battery Kit.
Do not attempt to make the Battery Kit operational, add any lithium-ion cells to the Battery Kit or attach the Battery Kit to the bike if you do not have any experience working with battery assemblies, lithium-ion cells and electronic bikes. You must be proficient in assembling batteries and know how to handle batteries and lithium-ion cells in a safe manner in order to assemble the Battery Kit and make it operational and to safely attach the functioning Battery Kit to an e-bike.
Battery Maintenance & Misuse: It is your responsibility to monitor the functional Battery Kit to ensure that the battery is operating as intended and that the functional Battery Kit is not exposed to extreme temperatures or water for any prolonged periods of time, connected to power for any extended period of time or used continuously without periods of rest. Further, it is your responsibility to download and setup the My Gouach app and to address any warning or notices sent to you by the app in a timely manner.
You may not modify the Battery Kit or any parts or components thereof.
Capacité is not responsible for any injury to any person (including death) or damage to any property arising from or relating to your or any third-party’s use or assembly of the Battery Kit, the functioning battery assembled using the Battery Kit or any e-bike using a functional Battery Kit.
Third-Party Products: Capacité does not endorse or recommend any lithium-ion cells (including any lithium-ion cells displayed on the Gouach website) and it is your responsibility to fully vet the safety and efficacy of any lithium-ion cells prior to procuring them or using them in the Battery Kit. Additionally, there are certain third-party products sold on the Gouach website that may be compatible with the Battery Kit and your e-bike and it is your responsibility to determine the suitability and safety of such third-party products for the use intended.
No Warranties: THE BATTERY KIT IS PROVIDED "AS IS" AND TO THE FULLEST EXTENT PERMITTED BY LAW, CAPACITE, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, OWNERS AND SHAREHOLDERS HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GOUACH DO NOT GUARANTEE THAT THE BATTERY KIT WILL BE SAFE, WILL PREVENT ALL OR ANY HAZARDS, WILL BE SUITABLE FOR YOUR INTENDED PURPOSE OR APPLICATION OR WILL BE COMPATIBLE WITH ANY SPECIFIC E-BIKE. IT IS YOUR RESPONSIBILITY TO DETERMINE THE SUITABILITY OF THE BATTER KIT FOR YOUR E-BIKE AND FOR YOUR SAFE OPERATION OF THE E-BIKE USING THE FUNCTIONAL BATTERY KIT.
LIMITATION OF LIABILITY: NEITHER CAPACITE NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, OWNERS OR SHAREHOLDERS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, STRICT LIABILITY ARISING OUT OF OR RELATING IN ANY WAY TO THE BATTERY KIT, ANY FUNCTIONING BATTERY KIT, THE USE OF ANY E-BIKE WITH A FUNCTIONING BATTERY KIT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE AMOUNT PAID BY YOU FOR THE APPLICABLE BATTERY KIT.
Indemnity: You agree to indemnify, defend and hold Capacité and its subsidiaries, affiliates, officers, directors, owners and shareholders harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your or any third party’s assembly or use of the Battery Kit including, but not limited to, your use of the functioning Battery Kit on an e-bike, (b) your violation of these Terms of Purchase (c) your negligence or intentional misconduct (d) your modification or improper use of the Battery Kit or any related parts.
Disputes & Governing Law: These Terms of Purchase shall be governed by and construed in accordance with the laws of France and your hereby submit to the exclusive jurisdiction of the courts sitting in Bordeaux, France for any claim or dispute arising under or in connection with these Terms of Purchase the Battery Kit, any functioning Battery Kit, and the use of any e-bike with a functioning Battery Kit.
Battery Kit Returns: Please refer to our Return Policy which can be found at Return Policy Link for all product return inquiries.