Legal

SurgeRide E-Bikes — Terms of Sale, Product Use, Safety, Warranty and Shipping

Effective date: Any purchases made after 15 Jan 2026

These Terms of Sale, Product Use, Safety, Warranty and Shipping Terms (“Terms”) apply to purchases made from SurgeRide E-Bikes through surgeride.shop and any related sales channel operated by us.

SurgeRide E-Bikes is operated by Elijah, a sole trader with Australian Business Number 99 550 879 720 (“SurgeRide”, “we”, “us” or “our”).
Customer-support email: surgeride.ebikes@gmail.com
Business phone number: +61 404 673 210

The person or organisation purchasing or using a product is referred to as “you”, “your”, “customer” or “purchaser”.

By placing an order, creating an account, accepting these Terms at checkout, installing a product or allowing a product to be installed, you confirm that you have read, understood and agreed to these Terms.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot legally be excluded under the Australian Consumer Law or another mandatory law applying to the transaction.

1. Eligibility and authority to purchase

You must be at least 18 years old and legally capable of entering into a binding contract to purchase a high-powered electric bicycle conversion kit, motor, controller, battery or related electrical product from SurgeRide.

If you place an order for a business, organisation or another person, you confirm that you have authority to bind that person or organisation to these Terms.

Products must not be purchased for, supplied to or operated by a minor unless permitted by applicable law and directly supervised by a responsible adult. This does not mean that use by a minor is lawful or recommended.

2. Order acceptance

Submitting an order and receiving an automated confirmation does not necessarily mean that we have accepted the order.

We may decline or cancel an order before dispatch where reasonably necessary because of:

incorrect pricing or product information;
suspected fraud or unauthorised payment;
inability to verify customer information;
product unavailability;
safety or compliance concerns;
shipping restrictions applying to lithium batteries or dangerous goods;
sanctions, export controls or destination restrictions;
an inability to lawfully supply the product to the destination;
an obvious website or system error; or
another legitimate reason affecting our ability to supply the order.

If we cancel an order before dispatch, we will refund amounts paid for the cancelled product, subject to any mandatory legal requirements.

We may contact you to verify identity, payment information, delivery details, product compatibility or intended use before accepting or dispatching an order.

3. High-powered products and legal classification

Many SurgeRide products substantially exceed the power and speed limits applying to ordinary road-legal electric bicycles.

Depending on the country, state, province, territory or municipality, installing a SurgeRide product may cause the completed vehicle to be legally classified as a motorcycle, moped, motor vehicle, off-road vehicle or another regulated class rather than a bicycle.

This may result in requirements including:

vehicle registration;
licensing;
insurance;
certification or inspection;
approved lighting and braking equipment;
number plates;
minimum rider age;
helmet or protective-equipment requirements;
restrictions on throttle operation;
power or speed restrictions; and
restrictions on where the vehicle may be ridden.

Unless a product page expressly and specifically states otherwise, SurgeRide does not represent or warrant that a product, or a bicycle fitted with that product, is legal for public-road use in any particular jurisdiction.

4. Intended use

Unless expressly stated otherwise for a specific product, high-powered SurgeRide conversion kits are sold as components intended for:

use on private property with the owner’s permission;
closed-course use;
designated motorsport or off-road facilities;
testing, display or competition use where permitted;
research and development; or
another use that is lawful in the customer’s location.

“Off-road” does not automatically mean legal. Parks, trails, forests, beaches, fire roads, shared paths, bicycle paths and other publicly accessible areas may still be regulated.

Do not use a SurgeRide product on public roads, footpaths, bicycle paths, shared paths or other public land unless the complete vehicle and rider comply with every applicable requirement.

5. Customer responsibility for local laws

Before ordering, importing, installing or using a product, you are responsible for checking the laws applying in:

your country;
your state, province or territory;
your municipality or local area;
the location where the product will be installed; and
every location where the completed vehicle will be operated.

This includes laws relating to importation, product certification, electrical safety, vehicle standards, road use, speed, power, throttles, registration, licensing, insurance, age restrictions and permitted riding areas.

Information provided by SurgeRide about local laws is general information only and may become outdated. It is not legal advice and must not be treated as confirmation that a product is lawful for your intended use.

SurgeRide is not responsible, to the extent permitted by law, for fines, penalties, prosecution, licence consequences, insurance refusal, vehicle impoundment or confiscation caused by your unlawful use, importation or modification of a product.

6. Assumption of risk

High-powered electric bicycle systems can produce substantial speed, torque, acceleration and heat. Their installation and use involve serious risks, including:

loss of control;
unexpected acceleration;
wheel spin or wheel lift;
longer braking distances;
collision;
mechanical or structural failure;
axle rotation or dropout failure;
tyre, wheel, spoke or brake failure;
electrical shock;
short circuit;
overheating;
battery thermal runaway;
fire or explosion;
release of toxic or flammable gases;
burns;
serious bodily injury;
permanent disability;
death; and
damage to buildings, vehicles, bicycles or other property.

You voluntarily accept the ordinary and inherent risks associated with installing and using these products.

This acknowledgement does not exclude liability that cannot legally be excluded, including liability arising from rights protected by mandatory consumer or product-safety laws.

7. Professional installation requirement

Conversion kits, motors, batteries, controllers, chargers and related electrical components must be installed, configured and inspected by a suitably qualified, competent and insured professional.

Depending on the customer’s location, this may include:

a certified e-bike technician;
a qualified bicycle mechanic experienced with high-powered conversions;
a licensed auto electrician;
a qualified electrical technician; or
another appropriately licensed professional where local law requires a licence.

The installer must confirm that the bicycle, wiring, connectors, battery mounting, brakes, frame, forks, wheels, tyres, drivetrain and other components are suitable for the power, torque, weight and expected speed of the conversion.

You must retain an itemised receipt or invoice identifying:

the installer;
the installer’s business and contact details;
the installation date;
the product installed;
the bicycle on which it was installed; and
the installation and safety work completed.

SurgeRide may request this evidence during a warranty, safety or technical-support assessment.

Remote advice, diagrams, messages or troubleshooting provided by SurgeRide do not constitute professional installation, certification or approval of the completed vehicle.

8. Bicycle compatibility and customer-supplied components

Conversion kits are not universally compatible with every bicycle.

Before ordering, you and your professional installer must verify matters including:

dropout type, condition, material and width;
axle dimensions;
wheel and tyre sizing;
frame and fork material;
frame clearance;
battery dimensions and mounting location;
brake type and stopping capability;
spoke and rim strength;
chain line and drivetrain compatibility;
controller and wiring placement;
connector compatibility;
torque-arm suitability; and
maximum safe loading.

Website information, compatibility charts and customer-support messages are general guidance only. Unless SurgeRide gives a specific written compatibility guarantee for your exact bicycle and configuration, final compatibility remains the responsibility of you and your installer.

SurgeRide is not responsible, to the extent permitted by law, for damage to a bicycle or third-party component caused by incompatibility, inadequate strength, incorrect installation, improper adjustment or operation outside the component manufacturer’s specifications.

9. Torque arms and structural safety

Where torque arms or other retaining devices are supplied or recommended, they must be correctly installed and regularly inspected.

A high-powered hub motor must not be operated where the bicycle’s dropouts, fork, frame, axle retention or torque-arm installation are inadequate.

Do not install a motor on a carbon-fibre, lightweight, damaged, cracked, repaired or otherwise unsuitable frame or fork unless a qualified professional has specifically assessed and approved the installation.

The use of supplied torque arms does not guarantee that every frame or fork is suitable.

10. Pre-use inspection and maintenance

Before the first ride and before each later ride, check the completed vehicle for:

loose axle nuts or fasteners;
movement in the motor axle;
damaged or loose torque arms;
damaged wiring or connectors;
battery movement;
overheating;
unusual noises or vibration;
brake condition and adjustment;
tyre damage and pressure;
loose spokes;
throttle return operation; and
error codes or abnormal operation.

Fasteners must be tightened to appropriate specifications using suitable tools. The vehicle must receive regular professional inspections and maintenance.

Stop using the product immediately if you notice damage, swelling, excessive heat, smoke, unusual smells, sparks, exposed wiring, intermittent operation, grinding, vibration, error codes or another abnormal condition.

Continuing to operate a product after a warning sign appears may cause injury, fire or further damage and may affect voluntary-warranty coverage.

11. Protective equipment and safe operation

Always wear an approved helmet and protective equipment suitable for the vehicle’s potential speed and intended use.

Recommended equipment may include:

full-face helmet;
eye protection;
gloves;
protective jacket;
long pants;
boots;
knee and elbow protection; and
body armour.

Never operate the vehicle while affected by alcohol, recreational drugs, medication, fatigue, illness or another condition that may impair judgement or control.

Do not carry passengers unless the complete vehicle is specifically designed, equipped and legally permitted to carry them.

Do not operate beyond your skill level or in unsuitable traffic, terrain, weather or visibility conditions.

12. Lithium-ion battery warning

Lithium-ion batteries contain substantial stored energy and can be highly flammable.

A battery that is defective, damaged, incorrectly manufactured, incorrectly installed, improperly charged, modified, short-circuited, overheated, exposed to water or used with incompatible equipment may:

ignite;
explode;
enter thermal runaway;
release toxic or flammable gases;
cause electric shock;
cause serious burns;
cause serious injury or death; or
cause extensive property damage.

You must follow all battery, charger and installation instructions.

13. Charging requirements

You must:

use only the charger supplied or specifically approved for the battery;
verify voltage, polarity and connector compatibility before charging;
charge on a stable, dry and non-combustible surface;
charge away from fuels, furniture, bedding, curtains and other combustible materials;
keep the charging area ventilated;
ensure smoke alarms are present and operational;
keep the battery and charger away from children and animals;
inspect the battery, charger, lead and connectors before charging;
allow a hot battery to cool before charging;
disconnect the charger after charging is complete; and
follow any additional instructions supplied with the battery.

Do not:

charge on a bed, sofa, carpet or other combustible surface;
charge near an exit or where a fire may block escape;
charge a frozen, wet, damaged, swollen, leaking or unusually hot battery;
charge with damaged wiring or connectors;
use an extension lead, adapter or power board unless rated and suitable;
cover the charger or battery during charging;
charge unattended for extended periods;
charge while sleeping;
modify the charger;
bypass the battery-management system; or
use a charger intended for another battery.

14. Battery storage, transport and disposal

Store batteries:

in a cool and dry location;
away from direct sunlight and heat;
away from combustible materials;
away from children and animals;
protected from impact, crushing and puncture; and
at an appropriate storage charge where recommended.

Never place a lithium battery in household rubbish or ordinary recycling.

Batteries must be transported and disposed of through suitable dangerous-goods, hazardous-waste or battery-recycling services.

Do not ship a damaged, defective, swollen, leaking, recalled or fire-affected battery without written instructions from SurgeRide and approval from a carrier legally authorised to transport it.

15. Battery emergency

Immediately stop using or charging a battery if it:

becomes unusually hot;
swells;
leaks;
produces an unusual smell;
crackles or hisses;
produces smoke;
shows physical damage;
has been submerged; or
operates abnormally.

Do not touch or move a battery that is smoking, hissing, severely overheating or burning.

Move away, warn others, call the local emergency number and follow emergency-service instructions. In Australia, call 000.

16. Water and environmental exposure

SurgeRide products are not waterproof unless a specific product is expressly advertised with a verified waterproof or IP rating.

Water resistance does not mean waterproofing.

Do not:

submerge any component;
ride through water deep enough to reach electrical components;
expose plugs or open connectors to water;
pressure wash the product;
charge a wet battery; or
store the product outdoors without suitable protection.

Rain, condensation, salt water, flooding, mud, corrosion, high-pressure washing and water entry can cause electrical failure, loss of control, shock, fire or permanent damage.

17. Product specifications and performance

Unless expressly guaranteed in writing, advertised speed, range, power, acceleration, charging time and performance figures are estimates or examples only.

Actual results may vary because of:

rider and cargo weight;
wheel diameter;
tyre size and pressure;
gearing;
controller programming;
battery voltage, charge, age and temperature;
terrain and gradient;
weather and wind;
riding style;
bicycle condition;
installation quality;
motor temperature;
legal or programmed restrictions; and
measurement methods.

An advertised “up to” speed or range is not a promise that every customer will achieve that result.

Operation at maximum output may reduce range, accelerate wear and increase heat and safety risks.

Product photographs, colours, finishes, component appearance and packaging may vary slightly. We will not substitute a materially different product without consent where consent is required by law.

18. Production time

Many products are manufactured, assembled, programmed, configured, tested, laced into wheels or packaged after an order is placed.

Unless a product page or written quotation expressly states otherwise, allow approximately:

5–10 additional business days for production and order processing before dispatch.

This production period is separate from and additional to estimated shipping time.

Business days exclude weekends and public holidays applying at the production or dispatch location.

Orders containing multiple products may be dispatched together when all products are ready or separately where reasonably appropriate.

19. Estimated shipping times

Estimated transit periods after production and dispatch are:

Air shipping: approximately 3–4 weeks after dispatch.
Sea shipping: approximately 7–8 weeks after dispatch.

The approximate combined production and transit period is therefore generally:

Air orders: approximately 4–6 weeks from order placement.
Sea orders: approximately 8–10 weeks from order placement.

All production, dispatch and delivery periods are estimates and guides only, not guaranteed dates, unless SurgeRide expressly agrees to a guaranteed date in writing.

Shipping estimates may be affected by:

production delays;
component shortages;
additional quality-control testing;
dangerous-goods requirements;
airline or vessel availability;
missed connections;
customs inspections;
import clearance;
port congestion;
carrier backlogs;
remote-area delivery;
public holidays;
industrial action;
extreme weather;
natural disasters;
conflict;
government action;
border restrictions;
inaccurate customer information; or
other circumstances outside our reasonable control.

Where applicable law requires us to obtain your agreement to a revised dispatch or delivery period, we will provide the legally required delay notice, cancellation option or refund.

20. Tracking

Tracking information may not update continuously.

International air and sea shipments may have extended periods without visible tracking while:

travelling between countries;
awaiting customs clearance;
waiting for transfer to a local carrier;
moving in a consolidated shipment; or
awaiting a carrier scan.

A temporary lack of tracking updates does not necessarily mean the parcel is lost.

Estimated delivery dates displayed by carriers are controlled by the carrier and are not guaranteed by SurgeRide.

21. International orders, customs and import requirements

SurgeRide sells to customers in multiple countries, but availability in a country selector does not represent confirmation that every product is lawful to import, sell, register or use in that country.

Unless checkout or the order confirmation expressly states that duties and taxes are included:

import duties;
customs charges;
value-added tax;
goods and services tax;
brokerage fees;
handling charges;
storage fees;
inspection costs; and
permit or certification expenses

may be payable by the recipient to the extent permitted by applicable law.

Where permitted by law and unless stated otherwise, the recipient is responsible for acting as importer of record and obtaining required import permits or approvals.

SurgeRide may request additional information required for customs or carrier processing.

We are not responsible, to the extent permitted by law, for delay, storage charges, return or confiscation caused by:

the customer’s failure to pay properly disclosed import charges;
failure to obtain a required customer-side permit;
prohibited importation in the customer’s jurisdiction;
inaccurate customer information; or
refusal to cooperate with customs or the carrier.

This section does not remove obligations that applicable law places directly on SurgeRide as the seller, manufacturer, importer, producer or distributor.

22. Delivery address and receipt

You are responsible for supplying a complete and accurate delivery address, phone number and email address.

Contact SurgeRide immediately if an address is incorrect. We cannot guarantee that an address can be changed after production or dispatch.

Where legally permitted, additional costs caused by an incorrect address, failed delivery, refused delivery or uncollected parcel may be charged to the customer if those costs were caused by information or conduct within the customer’s control.

Where a customer authorises safe drop, authority to leave or delivery to a nominated third party, the customer accepts the additional risk associated with that instruction, except where the loss was caused by the carrier’s or seller’s breach of law.

For consumer orders, risk passes at the time required by applicable consumer law. For business orders not protected by such laws, risk passes when the product is delivered to the agreed carrier unless otherwise agreed in writing.

23. Inspection following delivery

Inspect all parcels and products promptly after delivery.

Before installation, check for:

shipping damage;
punctures;
crushed battery enclosures;
exposed wiring;
damaged connectors;
missing parts;
incorrect parts; and
signs of overheating or moisture.

Do not charge, install or use a battery that appears damaged.

Photograph the packaging and product before removing or discarding packaging if damage is suspected.

Prompt notice assists investigation, but no short notification period in these Terms removes statutory rights that cannot be restricted.

24. Cancellations and change of mind

Orders may enter production soon after they are placed.

A request to cancel before production begins may be accepted at SurgeRide’s discretion.

Once production, configuration, wheel building, programming or custom preparation has begun, a change-of-mind cancellation may be refused or may be subject to reasonable, disclosed costs to the extent permitted by law.

SurgeRide does not generally offer change-of-mind returns unless:

a separate return policy expressly permits them;
SurgeRide agrees in writing; or
applicable law gives the customer a mandatory cancellation or withdrawal right.

Customers in countries with mandatory distance-selling cancellation rights retain those rights. Any exception for personalised or made-to-order goods applies only where the product genuinely qualifies for that exception under applicable law.

Nothing in this section limits remedies for faulty, unsafe, misdescribed or non-conforming products.

25. SurgeRide voluntary warranty

SurgeRide provides the following voluntary warranty against covered manufacturing defects:

Motor: 12 months from delivery.
Battery: 12 months from delivery.
Display or screen: 6 months from delivery.
Throttle: 6 months from delivery.
Controller: 6 months from delivery.
Charger: 6 months from delivery.
Pedal-assist sensors, brake sensors, wiring, switches, accessories and other supplied components: 6 months from delivery.

The warranty applies to the original purchaser and original product unless applicable law requires otherwise.

A repaired or replacement component is covered for the remainder of the original warranty period or any longer minimum period required by law.

This is a voluntary manufacturer or supplier warranty. It is additional to, and does not replace, any statutory consumer right.

26. Conditions of the voluntary warranty

A condition of the SurgeRide voluntary warranty for products requiring installation is that the product is professionally installed and inspected in accordance with section 7.

SurgeRide may require reasonable evidence of professional installation.

The voluntary warranty may be declined where:

the product was not professionally installed;
reasonable installation evidence cannot be provided;
incorrect installation may have caused or contributed to the fault;
the installation prevents reliable diagnosis; or
required safety components were not fitted.

However, this condition does not remove statutory rights and will not be relied upon where doing so would be unlawful, including where a defect is clearly unrelated to installation.

27. Labels, logos, serial numbers and tampering

Do not remove, cover, alter, deface or tamper with:

product logos;
serial numbers;
identification labels;
compliance markings;
voltage or specification labels;
safety warnings;
warranty seals; or
tamper-evident markings.

SurgeRide may decline a voluntary warranty claim where:

a product cannot be reliably identified;
its original specifications cannot be verified;
a serial number or identification marking has been removed or altered;
a seal indicates unauthorised opening;
a safety or compliance marking has been tampered with; or
the removal or alteration caused, contributed to or prevents investigation of the fault.

A purely cosmetic alteration that is demonstrably unrelated to the fault will not remove a statutory right where applicable law prohibits that result.

28. Voluntary-warranty exclusions

Subject to mandatory law, the SurgeRide voluntary warranty does not cover faults, damage or deterioration caused or contributed to by:

incorrect or non-professional installation;
incompatible components;
incorrect wiring, connectors, voltage or polarity;
loose axle nuts or fasteners;
inadequate torque-arm installation;
unsuitable frames, forks, dropouts, wheels, tyres or brakes;
collision, impact, dropping or crushing;
jumping, stunts, racing or competition use;
commercial rental or fleet use unless approved in writing;
overloading;
misuse, neglect, abuse or reckless operation;
illegal operation;
opening or modifying a motor, battery, controller or charger;
unauthorised repair;
removal or bypassing of safety features;
altered current, voltage, speed, temperature or protection settings;
use with an incompatible battery, controller, motor or charger;
water, flooding, rain entry, salt, pressure washing or corrosion;
fire, excessive heat or environmental exposure;
incorrect charging;
deep discharge;
improper battery storage;
physical battery damage;
continued use after a warning or fault becomes apparent;
lack of maintenance;
contamination by dirt, mud, sand or debris;
normal wear and tear; or
circumstances outside the product’s stated operating specifications.

Normal wear may include deterioration of bearings, seals, cables, connectors, grips, tyres, tubes, chains, sprockets, brake parts, spokes, cosmetic finishes and other consumable items.

29. Battery capacity and range

Battery capacity and range naturally reduce over time and through charge cycles, age, use, temperature and storage.

A reasonable reduction in range, capacity or maximum output is normal deterioration and is not necessarily a manufacturing defect.

The battery warranty does not cover deterioration or damage caused by:

long-term storage at an unsuitable charge;
leaving the battery discharged;
storage in excessive heat;
frequent operation outside rated limits;
excessive discharge current;
incompatible components;
water entry;
physical damage;
unauthorised opening; or
modification of the battery-management system.

30. Making a warranty claim

To make a claim, contact SurgeRide using the details at the beginning of these Terms and provide:

your full name;
order number;
proof of purchase;
professional installation invoice;
product serial number;
clear photographs of the product and labels;
clear photographs of the installation;
a detailed explanation of the issue;
video showing the fault where safe;
error codes;
controller or display settings where relevant; and
testing information reasonably requested by SurgeRide.

Do not open, modify, disassemble or return a product unless SurgeRide gives written instructions.

Reasonable remote troubleshooting may be required before a return is approved. You must not perform troubleshooting that is unsafe or beyond your competence.

A lithium battery must not be returned through ordinary postal or courier channels without written dangerous-goods instructions.

31. Voluntary-warranty remedies and expenses

Where a voluntary-warranty claim is accepted, SurgeRide may, at its reasonable discretion:

repair the affected product;
replace the affected component;
provide an equivalent replacement where the original is unavailable; or
provide another remedy agreed with the customer.

This discretion does not override a customer’s right to choose a remedy where mandatory consumer law provides that choice.

For an accepted claim, SurgeRide will cover reasonable, pre-approved standard shipping costs where required under the voluntary warranty or applicable law.

SurgeRide is not responsible under the voluntary warranty for removal, installation, diagnosis, lost income, vehicle hire, third-party labour, express freight or other consequential expenses unless:

SurgeRide approved the expense in writing before it was incurred; or
reimbursement is required by applicable law.

If inspection determines that the product has no covered fault or the issue is excluded from the voluntary warranty, the customer may be responsible for return shipping and reasonable assessment costs disclosed before they are incurred.

32. Recalls and safety notices

You must stop using a product immediately if SurgeRide, a manufacturer or a regulator issues a stop-use notice, safety warning or recall.

Follow all recall and safety instructions.

You are responsible for keeping your contact details current so that safety information can be sent to you.

Do not sell, transfer or give away a recalled product unless the recall instructions expressly permit it.

33. Limitation of liability

To the fullest extent permitted by law, SurgeRide is not liable for indirect, incidental, special, exemplary, punitive or consequential loss arising from a product or these Terms, including loss of:

profit;
revenue;
opportunity;
business;
anticipated savings;
data;
use of a bicycle or vehicle; or
enjoyment.

To the fullest extent permitted by law, SurgeRide is not liable for damage to customer-supplied bicycles, frames, forks, wheels, tyres, brakes or other third-party components to the extent that the damage was caused by:

incompatibility;
inadequate component strength;
installation;
modification;
maintenance failure;
customer misuse; or
operation outside stated specifications.

Where liability can legally be limited, SurgeRide’s aggregate liability relating to an affected product will not exceed the amount paid for that affected product.

These limitations do not apply to the extent liability cannot legally be excluded or limited, including liability arising from:

fraud;
wilful misconduct;
death or personal injury where exclusion is prohibited;
mandatory product-liability law;
mandatory consumer guarantees; or
another non-excludable statutory obligation.

34. Customer responsibility and indemnity

You are responsible for loss, damage, injury or third-party claims to the extent caused by your:

unlawful use;
negligent installation or operation;
unauthorised modification;
breach of these Terms;
provision of false information;
failure to follow safety instructions; or
supply of the product to another person without appropriate warnings.

If you purchase in the course of business and to the extent permitted by law, you indemnify SurgeRide against reasonable third-party claims and costs caused by those acts or omissions.

This section does not require a consumer to indemnify SurgeRide for loss caused by SurgeRide’s own breach, negligence, defective product or unlawful conduct.

35. Business purchases

If you purchase primarily for resale, commercial operation, rental, fleet use, delivery work or another business purpose, you must tell SurgeRide before ordering.

Additional commercial terms may apply.

To the extent permitted by law for a business transaction:

all implied terms that may lawfully be excluded are excluded;
remedies may be limited to repair, replacement, resupply or the cost of those remedies; and
liability is limited as described in section 33.

Nothing in this section excludes protections that apply to qualifying small businesses or other purchasers under mandatory law.

36. Force majeure

SurgeRide is not responsible for delay or failure to perform caused by an event outside its reasonable control, including natural disasters, fire, flood, epidemic, war, civil unrest, industrial action, transport disruption, carrier failure, port closure, customs action, government restriction, sanctions, component shortages, power failure or communications failure.

This section does not remove a customer’s mandatory right to cancel, receive a refund or obtain another remedy where applicable law provides that right.

37. Website information and errors

We try to keep product, pricing, availability and compatibility information accurate.

Occasionally, the website may contain typographical errors, outdated information or system errors.

We may correct an obvious error before accepting or dispatching an order. If a material error affects an accepted order, we will contact you and provide options required by applicable law.

General articles, FAQs, social-media content and customer-support messages do not replace professional mechanical, electrical, medical, legal or safety advice.

38. Intellectual property

The SurgeRide name, website content, product photographs, graphics, logos, videos and original written materials are owned by or licensed to SurgeRide.

They must not be copied, republished, sold, modified or commercially used without written permission, except where permitted by law.

Third-party names and trademarks remain the property of their respective owners.

39. Privacy

Personal information is handled in accordance with the SurgeRide Privacy Policy and applicable privacy law.

The Privacy Policy should be read together with these Terms.

40. Governing law and disputes

These Terms are governed by the laws of the Northern Territory and the Commonwealth of Australia.

For a business-to-business transaction, the parties submit to the jurisdiction of the courts of the Northern Territory and applicable Commonwealth courts.

For a consumer transaction, this governing-law clause does not deprive the customer of mandatory rights or access to courts and dispute processes available under the law of the customer’s usual place of residence.

Before beginning formal proceedings, the parties should make a reasonable attempt to resolve the dispute by written communication, unless urgent relief is required.

41. Changes to these Terms

The Terms applying to an order are the version accepted when that order is placed.

We may update the Terms for future orders. A later version will not retrospectively remove rights or materially change an existing accepted order unless agreed or permitted by law.

42. Severability

If a provision is found invalid, unlawful or unenforceable, it will be read down to the minimum extent necessary or removed.

The remaining provisions continue to apply.

43. No waiver

A failure or delay by SurgeRide in enforcing a right does not waive that right.

A waiver is effective only if made clearly in writing.

44. Entire agreement

These Terms, together with the relevant product page, order confirmation, Warranty Policy, Shipping Policy, Return Policy and Privacy Policy, form the agreement applying to an order.

Where a specific written quotation or product-page term conflicts with a general provision, the more specific term applies to that product, subject to mandatory law.

45. Australian Consumer Law notice

For goods supplied to consumers in Australia:

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

The SurgeRide voluntary warranty is in addition to these rights and remedies.