These Terms and Conditions for purchase of Exotek products (the "Terms") are provided by Exotek AS, a Norwegian company with corp. reg. 924526947, and registered address at Sandviksgata 30A, 6250, Stordal, email: info@exotek.no (hereinafter referred to as "Exotek", "us", "our" or "we").

Please read these terms carefully before placing any orders.

1. Acceptance of these Terms

A binding agreement is entered into once you have placed an order(not applicable to ‘pre-order’) of a Product through any of Exoteks interfaces (such as the website or the mobile application, hereinafter referred to as the “Site”) and approved the Terms, or placed an order via phone or email though one of our sales representatives, and Exotek has confirmed the order through a confirmation email whereupon these Terms enter into force between the parties.

2. Products and orders

2.1 Description of Products

We provide electric vehicles and related equipment. Everything that is sold through our Site(s) are hereinafter referred collectively or individually referred to as the "Product(s)". More information about the Products can be found on the Site(s).

2.2 Order of Products

We ask you to order the Products in accordance with the instructions on the Site. When you are placing your (pre)order, you will be required to provide certain information, such as your name, address and billing information. It is your responsibility that all such information is accurate, and you shall ensure that such information is kept up-to-date.

Exotek shall have no responsibility or liability for inaccurate information that later becomes outdated. Exotek shall have no obligation to make efforts to determine the correct contact or shipping information.

You can update your information at any time prior to your product being shipped by sending an e-mail to info@exotek.no.

After submitting your order, we will send you an order confirmation email, at which point this agreement will enter into force. If we are unable to confirm your order, we will inform you of this via e-mail and will not charge you anything.

We are entitled to decline or adjust an order from you in the event that you provide us with untrue, inaccurate, not current, or incomplete information when placing an order, or for any other reason without any liability to you (other than a refund of any charge made in respect of such order). This shall also apply if you fail to comply with these Terms (for example if you have not paid for the Products in time) or other mandatory provisions by law. Upon occurrence of any of these events, we will contact you and request that you remedy your breach of these Terms.

If you purchase an electric vehicle, you are representing and warranting to us that you understand the nature of riding an electric vehicle and related activities, that you are qualified and legally permitted to operate said electric vehicle, and that you are in proper physical condition to participate in such activity. If you are not familiar with the nature of riding an electric vehicle, you should seek professional training before operating an electric vehicle.

Reference to any Products on our Site(s) does not imply or guarantee that it will be available at any time you place an order. Specific Products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue offering certain Products, all for any reason whatsoever and with no liability to you or any third party.

2.3 Delivery of Products

Although Exotek will make efforts to begin delivering your Products as soon as reasonably practicable, you understand and agree that there may be delays. Our indicated estimated time of delivery (ETD) is only an estimate and subject to change. Exotek does not guarantee that it will be able to ship the Product by the estimated date.

As a result, in the event that a delay arises and the estimated shipment date and/or release of the Product is not met, Exotek shall not be liable for any damages that may occur as a result of the delay, nor shall it be obligated to provide any discounts, refunds, or credits because of any such delays. Exotek will provide you periodical updates with information regarding the delivery schedule.

You can read our term of delivery below in section 2.3.1. 

We try our best in providing tracking information for your order, but unfortunately can not guarantee that it will be enabled or provided for your purchase. Please email Exotek customer service for tracking information: info@exotek.no

We have the right to charge you for any handling costs arising when you do not pick up your ordered Products in time from the place of delivery following transport of the Products. Exotek will not refund any shipping costs if you fail to collect your Products.

If you purchase any Products from Exotek  it is your responsibility to inspect them. You must promptly inspect your shipment following delivery, and report any damages or other issues to Exotek. Any individual at your delivery address who accepts a delivery from us is presumed to be authorised to receive the delivery.

2.3.1 Terms of delivery

The terms of delivery vary depending on where in the world you want the Products to be delivered. Please note that Exotek does not accept delivery to post office boxes due to restrictions by courier services and credit card scam risks.

European Union, Iceland, Switzerland, and United Kingdom

All Exotek products will be delivered through our partners in the countries where an Exotek partner is established. For delivery to countries where no partner is present yet, the products will be shipped DAP, Delivered At Place, according to Incoterms 2010. This means that we do not collect VAT, duties and/or taxes when you make your purchase. Orders within the EU are shipped using ground shipping.

Additional fees, customs charges, and taxes may occur depending on the country. Please note that in the event such customs charges apply, you have to pay the charges in order for your package to clear customs.

USA & Canada

We are not yet delivering to the USA & Canada and will announce on our channels when we know the timeline for this.

Rest of the world

We are not yet delivering to other countries and will announce on our channels when we know the timeline for this.

Prices for shipping

Depending on your delivery address the cost of shipping your electric vehicle has a fixed price and will be communicated on the order confirmation by Exotek.

3. Your obligations

3.1 Eligible customers

We offer the Products to individuals acting as consumers (as defined under applicable local law), companies, and other legal entities. To place an order you agree and confirm that you must be of legal age to be able to enter into a legally binding contract.

By ordering the Products on behalf of a legal entity, you warrant that you are authorised to enter into these Terms on the behalf of the legal entity as well as to use the Site. If you are a business customer these Terms constitute the entire agreement between us, unless otherwise set out in mandatory law.

3.2 Use of the Site(s)

When you use the Site(s), you must always comply with all applicable laws, regulations and public orders. You shall not access the Site other than through interfaces provided by us and as otherwise expressly authorised under these Terms. You may not use the Site(s) in a manner contrary to our, or any third party’s, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time.

4. Prices and payment

4.1 Price information

You must pay all applicable fees as set out and described on your order confirmation. The prices for the Products are set out on the Site and include any explicitly set out relevant delivery costs, value added tax (VAT) or other fees and taxes (as applicable). The price of the Products provided to you will be the price indicated on the order pages when you placed your order.

4.2 Payment information

Payment for the Products shall be made in accordance with what is set out below, or on the Site and/or on the order confirmation. Depending on the type of Product you order, the order value, and our stock levels, different payment terms may apply. 

4.3 Full Payment

For our spare parts, apparel and gear, we normally charge full payment at the time of placing the order.

4.4 Deposits and final Payment

When you preorder an electric vehicle, we ask you to place a deposit of NOK 5.000 to secure your place in the order queue. This deposit is non-refundable and will be cleared against the final payment of the order.

When your pre-ordered vehicle is roughly 3 months from production, we will contact you to confirm your order and ask you to make a larger deposit. In the event that you desire to cancel the order after confirmation, Exotek will reimburse the customer all payments, except the non-refundable NOK5.000 deposit.

When your electric vehicle is ready for shipment, we will contact you to settle the final payment. When the payment is received by Exotek, the order will be shipped to the agreed shipping address. In the event that you desire to cancel the order after completion of the production of the vehicle,  Exotek will reimburse the customer the second deposit, except the non-refundable NOK5.000 deposit, once that Vehicle is sold to another party.

Ownership of the electric vehicle is transferred to the buyer after full payment of the purchase price. Warranty is also only valid after full payment of the purchase price.

4.5 Payment methods

We accept different payment methods as they become available (anything from direct payment methods to deferred, instalments and leasing (where applicable)), as set out on our Site from time to time. Acceptable payment methods are always those displayed at checkout at the time of your purchase. Please note that the second deposit and final payment (in case of deposit) may be settled by invoice.

We do our best to make the Site as secure as possible. All credit/debit card transactions on the Site are processed using third-party payment providers, with a secure online payment gateway that encrypts your card details in a secure host environment. You confirm that the credit/debit card or other payment method that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Exotek, your order will be cancelled.

We are not responsible for any charges or penalties which may be imposed by the payment provider as a result of payment being processed in respect of your order.

Please note that we use third-party payment providers for our payment methods. In order to offer you such payment methods and process your payment, we will during the checkout transfer your personal data, such as contact details and order details, to the payment provider. This is necessary in order for the payment provider to process your payment, to assess whether you qualify for their payment methods, and/or to tailor the payment methods for you. The payment provider’s processing of your personal data is conducted in line with each payment provider’s privacy policy.

4.6 Customs charge, duties, fees and taxes

Please note that value added tax (VAT), potential customs charges, duties, other fees and taxes may apply to your purchase. Such costs will only be included when explicitly set out in these Terms or at check out.

5. Disclaimer

5.1 You are responsible for your use of the Product

Please note that multiple laws and regulations apply to the use of vehicles and thereto related products, and that such laws and regulations differ between territories and jurisdictions. For example, in some jurisdictions, you must register the vehicle with the local vehicle authorities before you use the vehicle, in others it is mandatory to have insurance. You are at all times responsible for your (and others) use of the Product and adhering to any laws, rules, regulations and standards applicable to the territory where you will use the Product. Exotek makes no representations, expressed or implied, in this regard unless Exotek has explicitly undertaken to assist you in any registration procedure or otherwise. Exotek further makes no representation that its Products are legal for operation in your Territory. Accordingly, before making your purchase, please make sure of all the necessary steps you have to take in order to enjoy your Product. Please contact info@exotek.no if you have any questions.

5.2 Colours, written errors, and images

Exotek’s goal is to describe the Products at the Site as correctly as possible, but we do not guarantee that the Product descriptions are accurate, complete, reliable, current or error free. However, please note that due to the colour settings of your computer, the colours of the products shown in the pictures on the Site can differ somewhat from their actual colours. Exotek cannot be held responsible for any such discrepancy.

All details, such as specifications and third party manufacturing brands are subject to changes. Replacement details or parts will always be equal to the parts stated previously.

Lights, such as the headlight and more, are subject to change based on local regulations around the world. This means that lights on delivered products might be different to the lights shown in pictures on the Site.

Written errors can occur due to human factors, third party information, or broken integrations, codes or automatic updates.

Exotek tries its best to display free of error texts, images, stock, as well as prices, for products, shipping etc on the Site. If your order includes an error such as the payment, product, quantities - don’t worry, please email us at info@exotek.no to solve and adjust the error for all parties.

5.3 Oversubscription and delivery priority

Exotek may decline payment of a deposit to avoid oversubscription of Exotek’s electric vehicles. If your payment of deposit is declined, you will be notified and your deposit will be refunded, in the same currency as paid.

If final payment has been received at the same time as another buyer has paid his or her final payment, the buyer that paid his or her deposit first is considered first of the two and will be prioritised in delivery of the Exotek electric vehicle.

6. Limitation of liability

Sometimes we may rely on third party services and/or product providers. Such providers act beyond our reasonable control, and we shall not be held liable for any damages caused by an action or omission attributable to them.

The total liability of Exotek (to the extent permitted by local law) for any loss, damage, or claim, whether in contract, tort or otherwise, arising out of or in connection with any offer of and/or sale of the Products, the performance or breach of any contract based upon any offer of and/or sale of Products, and/or by the use of you or any other person of any Products, including any repaired or replacement part or equipment, will not in any event exceed the price allocated to the product, part or equipment which gives rise to the claim, loss or damage. In no event, whether as a result of breach of contract warranty, alleged negligence or liability without fault, will Exotek be liable for any indirect, incidental, special or consequential damages, including personal injury, death, property damage, loss of profits or revenue, loss of business or loss of use of the equipment described herein or any associated equipment, cost of capital, parts or labour costs.

7. Limited Warranty

Exotek hereby warrants that all factory manufactured Exotek vehicles purchased through a Exotek authorised sales channel are free from defects in material and workmanship during the period of this Limited Warranty, subject to certain limitations stated herein.

This Limited Warranty applies only if the Exotek vehicle has been operated according to “proper use” and “under normal operating conditions”, e.g. following normal operational care and following instructions in any manual or documentation provided, or made available, by Exotek from time to time.

Warranty claims will only be processed through a "warranty claim" (claim you warranty HERE) and is only valid to the original buyer. 

This Limited Warranty covers separate parts only, including battery, motor, controller, frame, front and rear suspension, brakes, wheels and electrical sub-assemblies. The warranty does not cover damages caused by normal wear and tear.

The warranty does not apply in the event of crashes, damages, abuse, neglect, carelessness, using the product in any way other than intended, replacement with any part or accessory other than original Exotek parts and products, attempt of reparation or modification unless expressly permitted in writing by Exotek.

Any modification to the Exotek vehicles, or riding with damaged parts, will deem the warranty null and void, as modifications and broken parts may cause the motorcycles to malfunction and risk the safety of the rider.

7.1 Period of warranty

Exotek off-road vehicles: 24 months from the original shipment date for the frame and frame parts, 1 month from the original shipment date for the other parts.

Exotek battery packs: 24 months from the original shipment date, or date of purchase through retailer, where batteries are subject to warranty (subject to the limitations listed above) in case of a battery that exhibits a nominal storage capacity reduction of greater than 30% of the published nominal capacity.

7.2 Warranty coverage

Exotek warrants to the customer that the vehicle is defect-free both in terms of material and workmanship from the factory. Any part found to be defective during the vehicle stated warranty period subject to the limitations of these warranty terms will be repaired or replaced free of charge.

7.3 General exclusions from warranty

This warranty does not cover failures resulting from, or caused by:

• Lack of proper maintenance or care

• Misuse of the vehicle

• Modification, alterations, and installation of parts that are not genuine Exotek parts or supplied as original equipment

• Damages due to accident, collision, abuse or neglect

• Normal wear and tear components, including but not limited to drive chains, drive belts, seats, grips, rims, lights / lamps, tires, brake levers, bearings, etc.

• Damages to the paint, coatings or corrosion of metal parts due to external influences such as stones, salt, inadequate cleaning with inadequate cleaning products

• Fading of painted or metal coated surfaces

• Negligence on the part of the customer

• Faulty storage of the vehicle

7.4 Owner responsibility

Owner is responsible for maintaining the vehicle in accordance with the owner's manual.

Owner is responsible for the costs of maintenance to the vehicle including service failures caused directly by lack of maintenance or improper maintenance will void the warranty.

If warranty repairs are needed, they must be performed by an authorised Exotek service centre, or authorised bicycle service centre after Exotek’s approval .

Inform Exotek within ten (10) days after discovery of any defective parts that are suspected to be covered by this warranty.

For claiming anything under this warranty, please contact Exotek HERE, and make sure that you include your VIN number.

7.5 Limitations on warranty

This limited warranty does not cover any incidental or consequential damages, including loss of value of the Exotek vehicle, lost profits or earnings, out-of-pocket expenses for substitute transportation or lodging, expenses associated with returning the covered product to an authorised service facility or dealer, towing and/or roadside assistance expenses, expenses associated with returning the covered product back to its owner, mechanic’s travel time or communication charges, loss or damage to personal property, loss or time, or inconvenience.

8. Defects

Products are defect in the following events:

• It is not compliant with what we have agreed, with regard to quantity or quality.

• There is no user manual (if applicable).

• We have not informed you about details about the Products which you ought to have been informed about.

• It is in worse condition than you could have predicted based on the Products' age, and other conditions.

In the event that you consider the Product to be defective, you may make a complaint by contacting us HERE. You have to make the complaint within a reasonable time. You cannot make complaints in relation to defects discovered more than three (3) years after the purchase occasion of the Products. You must define, when making the complaint, and, if necessary, also show, how the circumstance of the complaint is manifested.

If you complain about the Products and provide the requested documentation, Exotek will investigate the complaint and notify you by email within a reasonable time (normally within 30 days) if the complaint can be accepted and inform you about the planned remediation process. Should Exotek find that you are entitled to a full or partial refund due to the complaint, the payment of the refund will be made as soon as possible.

8.1 Defects and delays beyond our control (force majeure)

We are not responsible for delays and defects outside our control (such as but not limited to strikes, fires, pandemics, natural disasters, storms etc). If our suppliers are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this, we will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay you may contact us to cancel the order and receive a refund for any Products you have paid for but not received.

9. Batteries

Batteries are a complex technology, and several variables contribute to the battery performance and the performance of our electric vehicles. All rechargeable batteries are consumables and have a limited lifespan. This means that eventually, the battery’s capacity and performance will decline such that it will need to be replaced. As the battery’s performance changes, it may affect the performance of the electric vehicle.

We take pride in our Products and our batteries. Accordingly, the performance of our batteries is covered by our Limited Warranty (see above).

Old batteries make perfect sense somewhere else, recycled or in other configurations where the cells are not required to have the same power density as in a vehicle. Exotek will be supportive in recycling your battery and make sure it comes in the right hands. Email info@exotek.no for more information.

10. Order cancellation and right to withdrawal

All customers within the EU, Norway, and the UK who are consumers, have a statutory right to cancel and return (right to withdraw) an order for any reason within 14 days from the day of delivery of such order. Any invocation of such right of cancellation/withdrawal is preferably made through the contact form, or by contacting info@exotek.no. Upon contacting Exotek regarding your withdrawal, we will get in touch with you.

If you use your right to withdraw, we will reimburse all payments received from you provided that the Products are returned in an unchanged condition in fully intact original packaging and accompanied by the original packaging documents and invoice. Refunds will be processed by using the same means of payment as you used for the initial transaction, as soon as possible when we have received the returned Products. Shipping charges on returned items are at the customer’s expense. Please note that Exotek will not reimburse any costs you have had in relation to customs offices or similar charges.

The above stated right of withdrawal is not applicable in cases where the Product is made to order or clearly personalised. It is also not applicable if you are a business purchasing Products on our Site (i.e. not a consumer purchasing the Products for private use).

In case of a cancellation or withdrawal of an order, Exotek reserves the right to withhold any advance payment made for such order, or make charges to the customer, to cover any administrative costs, freight costs, and handling costs due to the return of the ordered Product.

11. Your use of the products

Our vehicles can be hazardous to operate, and we care about your safety, so please note that:

• All riders should ride well within the limits of their abilities, never beyond them.

• Our electric vehicles are recommended for those aged 18 years and older.

• You shall have the licence(s) the vehicles require (if applicable).

• Make sure that you ride the vehicles in permitted areas. Always follow your local regulations.

• Always wear a certified helmet.

• Never carry passengers if the vehicle is registered for only one rider.

• Never engage in stunt riding.

• Never ride in conjunction with alcohol or drugs. It is illegal and dangerous.

• Avoid excessive speed and be particularly careful on difficult terrain.

• Don’t modify your bike. All modifications and installations are at your own risk.

• Never change the voltage level or tamper with the battery. Doing so can result in a short circuit, fire and/or personal injuries.

• By purchasing and/or riding our vehicles, you take full responsibility for any use, and/or misuse of the product and agree that Exotek holds no responsibility for any consequences, legal, or other, of such use and/or misuse.

Finally, read the provided manual(s) carefully, follow all instructions therein and enjoy your Exotek electric vehicle!

12. Processing of personal data

Exotek processes personal data in accordance with our Privacy Policy, which can be found here.

13. Property and intellectual property

13.1 Our rights

The Site is owned and operated by Exotek. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented on the Site (including titles, graphics, icons, scripts, source codes etc.) are our property or third party licensors’ property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without prior written permission.

13.2 Respect for our property

You must not tamper with, attempt to gain unauthorised access to, modify, hack, repair or otherwise adjust any of our material, hardware, source-codes or information for any purposes.

13.3 Respect for our intellectual property

The Products and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. You may not use our exclusive property for commercial or any other purposes without our written consent.

14. Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire agreement between you and Exotek with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

15. Assignment of contract

Exotek reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking your legitimate interests into account. Such assignment of our rights will not in any manner inhibit your statutory rights.

Users may not assign or transfer their rights or obligations under these terms in any way, without the written permission of Exotek.

16. Electronic communication

By accepting these Terms you agree that Exotek may provide all communications and information to you electronically to the email address that you have provided us with. It is your responsibility to ensure that Exotek has the right email address and content details to you.

17. No Waiver

Exotek’s failure to assert any right or provision under these terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

18. Changes to the Terms

We may modify these Terms at any time. In the event of changes which are not minor and may affect you, you will be notified via email. We will then inform you that it is important to object if you do not approve of the changes. The latest version of the Terms will be available on the Site.

19. Applicable law

Unless contrary to any mandatory consumer legislation applicable to the purchase, Norwegian law applies to the Terms and Conditions and our legal relationship in general.

20. Complaints and disputes

If you have any complaints, please contact our support department by sending an email to info@exotek.no. You may also contact us by filling out the contact form on our Site.

We will always first try to solve your complaints through discussions between you and our support department. In the event of a complaint or dispute you – as a consumer - may, however, always contact the Norwegian Board for Consumer Disputes (Forbrukerrådet).

Disputes regarding the interpretation and application of these Terms between a consumer and Exotek may be resolved by the Norwegian courts, with Oslo tingrett as venue. Any dispute, controversy or claim arising out of or in connection with these Terms or your purchase shall be settled by Norwegian courts, with Oslo tingrett as venue.

Please also note that consumer disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at ec.europa.eu/consumers/odr.