Omeo and Hoss Purchase Agreement
Components Of The Agreement
This Purchase Agreement ("Agreement") is made up of the following documents:
Terms & Conditions: These Terms & Conditions, which become effective on the date you place your order ("Order Date").
Purchase Invoice: The Purchase Invoice describes the Product that you ordered ("Product"), confirms the base price for your Product ("Base Price") and any taxes, if applicable. The Purchase Invoice will be sent to you shortly after you make your order.
Privacy Policy: Our customer privacy policy can be viewed HERE.
High-Level Summary of the Order Process
| Order Date | The date you place your order. |
| Purchase Invoice | Will be sent to you shortly after your order, confirming your order, the Product Price, and any taxes if applicable. |
| Payment | In order for your order to be valid, you must pay the full amount on receipt of the invoice. |
| Lead Time | We will prioritise production of your Product (unless it is already in stock). We anticipate order fulfilment will take approximately 8 to 10 weeks. |
| Delivery | We will endeavour to deliver your order within 1 week upon assembly completion, provided payment has been made in full. |
The term "Product" throughout this agreement refers to the Omeo Evolution (all versions) and Hoss RV (all versions).
Terms & Conditions
1. Agreement To Purchase
1.1 Agreement
When you place an order you will purchase the Product from Adapt Ability Limited.
1.2 Availability of features
The Product is priced and configured based on features and options available at the time of order. Options or features released after you place your order may not be included in your Product.
1.3 Discontinuation
We may cancel your order and refund your payment, or part of your payment, if we discontinue a product, feature or option after the Order Date.
2. Payments And Charges
2.1 Timing of payments
2.1.2 Payment in full: The full amount is payable before delivery of your order.
2.1.3 Delivery: Delivery of your Product will occur in accordance with clause 4 of this Agreement.
3. Production and Assembly of Your Order
The provisions of this clause 3 apply where you are purchasing a Product that has not yet been assembled as at the Order Date.
3.1.1 Week 1
We will submit your order to production one (1) week after receipt of payment in full. During this period prior to the submission of your order to the production line, you may cancel your order or make any changes to your configuration without incurring any costs. Once production commences, 20% of your payment becomes earned and non-refundable.
3.1.2 Configuration changes
Once the assembly of your Product is underway, changes to your configuration will be difficult, if not impossible, for us to accommodate. If you want to make changes, we will try to accommodate your request. If we can do so, you will be subject to potential price increases for any pricing adjustments made since your original Order Date. Any changes will be reflected in a revised Purchase Invoice which will replace the original and form part of this Agreement.
4. Delivery
4.1 Notification of shipping and delivery
We will notify you of when we expect your Order to be ready for delivery by email (or any other reasonable means of communication available to us) ("Delivery Notification"). We will arrange for your Order to be delivered to you (or you may pick up from us), so that we can induct you in the features and train you in the use of your Product ("Product Safety Training").
4.2 Estimate
The estimated delivery dates of your Order are an estimate only and are not a guarantee of when your Order will actually be delivered.
5. Warranty
5.1
Warranty will apply upon delivery of your Order and your signed acknowledgement of receipt of the Product Safety Training referred to in clause 4.1.
5.2
Except as specified in schedule 6.1 and to the extent that we cannot exclude any warranty implied by law, you acknowledge and agree that we provide no additional warranties in respect of your Product.
6. Limitation Of Liability
OMEO EVOLUTION
6.1 Product Safety Training
Product Safety Training referred to in clause 4.1 is mandatory on delivery of your Omeo. If you refuse this training, or your use of the Omeo is negligent or ignores the safety warnings laid out in the Safety Warnings and Limited Liability document signed on delivery:
6.1.1 To the extent permitted by law, you will be deemed to have waived your rights to claim under any Warranty which arises as a consequence of the use of your Omeo.
6.1.2 You acknowledge and agree that we (and our associates and Agents) shall have no responsibility or liability to you whatsoever in respect of your use of your Omeo or any loss or damage suffered or incurred by you in connection with your use of your Omeo.
6.1.3 You will indemnify us (and our Authorised Agents and affiliates) against any loss, liability, cost or claim suffered or incurred as a consequence of your use of your Omeo.
6.2 User Safety Weight Limit (Omeo)
The minimum user safety weight of the Omeo is 40kg. The maximum user safety limit of the Omeo is 110kg. If your weight is not within these safety limits:
6.2.1 To the extent permitted by law, you will be deemed to have waived your rights to claim under any Warranty which arises as a consequence of the use of your Omeo.
6.2.2 You acknowledge and agree that we (and our Associates and Agents) shall have no responsibility or liability to you whatsoever in respect of your use of your Omeo or any loss or damage suffered or incurred by you in connection with your use of your Omeo.
6.2.3 You will indemnify us (and our Authorised Agents and affiliates) against any loss, liability, cost or claim suffered or incurred as a consequence of your use of your Omeo.
HOSS RV
6.3 User Safety Weight Limit (Hoss)
The maximum user safety limit of the Hoss RV is 120kg. If your weight is not within these safety limits:
6.3.1 To the extent permitted by law, you will be deemed to have waived your rights to claim under any Warranty which arises as a consequence of the use of your Hoss.
6.3.2 You acknowledge and agree that we (and our Associates and Agents) shall have no responsibility or liability to you whatsoever in respect of your use of your Hoss or any loss or damage suffered or incurred by you in connection with your use of your Hoss.
6.3.3 You will indemnify us (and our Authorised Agents and affiliates) against any loss, liability, cost or claim suffered or incurred as a consequence of your use of your Hoss.
6.4 No consequential damages
We accept liability to you for our breach of contract or negligence under the principles applied by the courts and for breach of any non-excludable rights under consumer protection laws and otherwise on the terms of this Agreement but, to the maximum extent permitted by law, we are not liable for any incidental, special, consequential or punitive damages.
6.5 Liability cap and time limit
Our aggregate liability under this Agreement is capped at the price actually paid to us by you under this Agreement. Any claim against us under this clause 6 must be made within one (1) year from the occurrence of the first event giving rise to that claim.
6.6 Application of consumer law
If you are, or hold yourself out to be, acquiring the Product for business purposes, the provisions of the Consumer Rights Act 2015 shall not apply.
7. Resale
7.1 No resale
You acknowledge and agree that we sell Products directly to end consumers for personal use, and that you are not purchasing our Products for any other purpose, including the purposes of resale or reverse engineering. We may unilaterally cancel any order that we believe (in our sole discretion) has been made for this purpose or has otherwise been made in bad faith, without compensation to you.
8. General
8.1 Severability
If one or more provisions of this Agreement are held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of the Agreement shall be enforceable in accordance with its terms.
8.2 Force Majeure
Despite any other provision of this Agreement, we will not be liable to you under this Agreement to the extent that any breach was caused by an event outside of our reasonable control, including acts of God, war, civil unrest, sabotage, epidemics, legislative change, labour stoppages or disputes, and electrical or telecommunications faults.
8.3 Assignment
We may assign this Agreement, at our sole discretion, by notice to you.
8.4 Entire Agreement
The terms of this Agreement constitute the entire understanding and agreement in relation to the subject matter of this Agreement between us and you. Terms not expressly contained herein are not binding.
9. Returns Policy
Following the delivery of the Product from Adapt Ability Limited, a return can be made subject to the following conditions:
9.1.1 A request for return is made within 14 days of delivery.
9.1.2 The product was not ordered or manufactured with bespoke specifications.
9.1.3 There is no evidence of use and the packaging remains in good condition.
9.1.4 A handling fee of 5% of the purchase price will be payable if a request for return is made after 14 days of delivery.
9.1.5 There will be an additional collection charge of £500.00 within the UK (if applicable).