BIRD Scoot moped-style electric bike Owner’s Manual
- June 5, 2024
- Bird
Table of Contents
- BIRD Scoot moped-style electric bike
- INCLUDED
- INTRODUCTION
- SAFETY
- BEFORE RIDING THE E-BIKE
- WHILE RIDING THE E-BIKE
- OFF-ROAD RIDING
- WET-WEATHER RIDING
- EXTREME AND AGGRESSIVE RIDING
- ELECTRIC BICYCLE SAFETY
- 10 SAFETY TOPICS FROM T HE U.S. GOVERNMENT
- OPERATION
- INITIAL RIDE
- SPECIFICATIONS
- MAINTENANCE
- TROUBLESHOOTING
- WARRANTY
- Read User Manual Online (PDF format)
- Download This Manual (PDF format)
BIRD Scoot moped-style electric bike
INCLUDED
INTRODUCTION
We invite you to read through this to learn about your e-bike and what owning an e-bike looks like. First and foremost, remember to be safe out there. Your is an accessory to your lifestyle and activities. Always follow the best practices and traffic rules.Even in an evolving technology, your e-bike is a bike at heart, so it will require basic maintenance and care to always perform properly. Preventive maintenance is the name of the game. We invite you to grow with us, taking advantage of the modular design we use for our technology.Instructions, videos and live support are being created to offer all the knowledge you need to understand your and get the best out of it.
SAFETY
Be sure to understand and follow all local laws and regulations and to have maintenance/repairs done by an authorized Bird dealer. Never use/ride any Bird product in ways unintended by the manufacturer and never exceed the weight limit of any product.
WARNING: Do not operate this product in traffic or any other environment that may present danger until you are confident with the product and all installed accessories such as lights, passenger seat, etc. Failure to do so could result in death or serious injury.
Use only parts/accessories approved by Bird, and have all installation
preformed by a mechanic authorized by Bird. Installation of unauthorized
parts/accessories may void
the product’s warranty. In addition, improper installation of any
parts/accessories as well as improper maintenance may void the product’s
warranty.
WARNING: Never disassemble or modify any electronic component of the bicycle. Doing so is extremely dangerous and could result in death, serious injury or void the warranty.
In order to ride, you must be over 18 years of age. Always wear a helmet, whether the law requires one or not! Wear a properly fitting DOT, ANSI or Snell (CE for Europe) approved bicycle safety helmet and protective safety gear (knees, elbows, etc.) at all times when riding the e-bike. Wear shoes that will grip the pedals and stay on your feet. Be sure shoelaces cannot become caught in moving parts. Never ride barefoot or wear sandals. Wear eye protection to prevent dirt, bugs and other airborne objects from entering your eyes. Wear tinted eyeprotection when the sun is bright. Wear proper fitting clothing that is not too loose. Loose clothing can be caught in moving parts and become snagged by objects alongside the road or trail.
BEFORE RIDING THE E-BIKE
Always perform a mechanical check before riding the e-bike:
- Hardware is properly fastened
- Tires are properly inflated
- Brakes properly operate
- Handlebars are adJusted and secured
- Front wheel is secure & properly locked
WHILE RIDING THE E-BIKE
Obey all rules of the road and local traffic laws.Respect motorists,
pedestrians and other cyclists. Do not race or taunt other cyclists. Ride
defensively since others may not see you. Do not follow other cyclists or
vehicles too close.
Ride alertly and watch for:
- Cars turning in front of you
- Parked car doors opening
- Children and pets
- Road or trail conditions such as potholes, sewer grates, railroad tracks and other obstructions.
Ride in lanes and trails designated for bikes. Obey traffic stop signs and lights. Use appropriate hand signals for turning and stopping. Do not wear headphones. Never carry an adult passenger. Never carry anything that obstructs your vision orcompromises control of the Never hold on to moving vehicles to hitch a ride. Do not make any moves that could surprise other people with whom you share the road. Never weave through traffic.
Avoid riding when:
- Visibility is poor, such as dawn, dusk or in the dark
- Bad weather
- Rider is extremely tired
- E-Bike maintenance is needed
OFF-ROAD RIDING
Off-road riding requires paying close attention and using specific skills. Practice riding in easier terrain to build up your skills. Obey local laws pertaining to off-road riding. Always wear appropriate safety gear.Always ride with a companion in remote areas. Always carry a form of identification so others know who you are in case of an accident. Yield the right-of-way when pedestrians and animals are present.
WET-WEATHER RIDING
WARNING: Avoid riding in wet weather if possible. Reduce your speed if necessary to ride in wet weather. Wet weather impairs visibility, braking and traction of the e-bike and affects others sharing the road. Accidents increase in wet weather conditions.
NIGHT RIDING
Night riding is far more dangerous than riding during the day. Be sure to wear
reflective clothing. Verify that you comply with local law about night riding.
Reflectors are not a substitute for required lights. Reflectors help others
see you by picking up and reflecting car lights and streetlights. Do not
remove the reflectors from the e-bike.
WARNING: Be sure to use an adequate lighting system when riding at night or at any other times of poor visibility. Riding at night or at any other times of poor visibility without an adequate lighting system and without reflectors may result in death or serious injury.
EXTREME AND AGGRESSIVE RIDING
WARNING: The e-bike design has limitations regarding strength and integrity. Extreme, stunt and competition riding can exceed those limitations. The manufacturer does not recommend these types of riding. Also, extreme, stunt and competition riding increases the risks of death and serious injury.
If you choose to ride extremely and aggressively, at least:
- Take lessons from a competent instructor.
- Start easy and slowly develop your skills.
- Wear a full-face mask helmet and other safety equipment.
- Understand the stress imposed on the e-bike.
- Do not ride the e-bike if it is damaged.
- Most importantly, understand your skills and
ELECTRIC BICYCLE SAFETY
- For maximum stability, avoid accelerating or braking while turning.
- Avoid riding in extremely wet conditions.
- Do not leave the e-bike in the rain.
- Discontinue the use of the e-bike if the battery pack is damaged due to a crash or a drop.
- Do not ride up or down extremely steep inclines.
- Do not ride off-road or jump the e-bike.
- Always use the kickstand or center stand when not on the bicycle.
- Do not exceed the carrying capacity.
- Do not ride on sand.
- The motor can get hot; do not touch the body of the motor for at least 2 hours after riding.
- Brake disc rotors can get extremely hot for brief periods after braking.
10 SAFETY TOPICS FROM T HE U.S. GOVERNMENT
- Protect your head. Wear a helmet.
- Assure bicycle readiness. Make sure your e-bike is adjusted properly.
- Always check brakes before riding.
- See and be seen.
- Avoid biking at night
- Stay alert. Always keep a lookout for obstacles in your path.
- Go with the flow. The safe way is the RIGHT way.
- Check for traffic. Always be aware of the traffic around you.
- Learn rules of the road. Obey traffic laws.
- Don’t flip over your e-bike. Wheels should be securely fastened.
OPERATION
INITIAL RIDE
SAFETY CHECK BEFORE EACH RIDE
- The battery pack must be charged and properly installed.
- The display must turn on and function properly.
- The brakes must function properly.
- The tires must be inflated to the proper psi
- The front and rear lights must work properly.
- The cable connections must be tight.
USING THE THROTTLE
The throttle allows rider to control the e-bike’s speed. Slowly twist the
inner-portion of the right grip clock-wise to accelerate
USING THE BRAKES
The e-bike is quipped with front and rear disk brakes use to slow down and
stop.
NOTE: Apply the rear brake before the front in low-traction conditions.
- The brake on the front wheel is controlled by the lever on the left-hand side of the handlebar. (see figure 1)
- The brake on the front wheel is controlled by the lever on the left-hand side of the handlebar. (see figure 2)
USING THE TURN SIGNALS
Rock the switch, with the left and right arrow icons located on the left
handle bar, left or right to alert other riders of your intent. (see figure 1
for switch location, 3 & 4 for light locations)
HEADLIGHT & BRAKE LIGHT
Headlight will turn on when bluetooth device is connected. Brake light will
turn on when brakes are engaged. (see figure 3 & 4)
USING THE HORN
Press the button with a the horn icon, located on the left handlebar control,
to engage and signal riders of your location. (see figure 1)
ADJUSTING THE MIRRORS
There are two rear-view mirrors located on each side of the handlebars. Adjust
to view behind you while riding.
USING THE KICKSTAND
Pull down and rock the bike back until it sits on the stand and back tire. The
front tire will no longer be touching the ground.
READING THE LCD DISPLAY
Reads the current speed and battery pack charge in increments of 25%.
ACCESS THE STORAGE CASE
While connected to the “BIRD” app, hold your smart device near the case and
push the red button to open it. (see figure 6) CONNECTING TO THE BIRD APP
- Download the “BIRD” app (Google Play for Android; App Store for Apple) to your bluetooth-enabled smart device.
- Scan the QR code, located on the top of the e-bike’s fork, to Bluetooth pair your mobile app on your device with the bike. (see figure 5)
SPECIFICATIONS
Dimensions | (L x W x H) | 40x17x45” (102×43×113cm) |
---|---|---|
Weight | Net | 100 lbs |
Rider | Payload | 410 lbs |
Rec. Age | 18+ years | |
Required Height | 5’2” & above | |
Parameters | Max. Speed | 20 MPH |
Range [1] | 45+ miles @ 10 mph | |
Operating Temp. | 14–104°F (-10–40°C) | |
Storage Temp. | -4–122°F (-20–50°C) | |
IP Rating | IP66/IP67 | |
Battery | Nominal Power | 36 VDC |
Max. Charging Volt. | 52 VDC | |
Charging Temp. | 32-104°F (0–40°C) | |
Motor | Nominal Power | 750 W |
Max. Power | 1300 W | |
Charger | Output Power | 71 W |
Input Voltage | 100-240 VAC | |
Output Voltage | 42 VDC | |
Output Current | 1.7 A | |
Charge Duration | 3.5 h | |
Features | Shock Absorber | Rear |
Brake Light | LED rear light |
MAINTENANCE
REMOVING THE BATTERY
- Be sure e-bike is turn off.
- Locate the keyhole on the left side of the top tube, near the display. Insert included key, rotate it clock-wise, and hold.
- Pull the upper portion of the battery towards the
- Once battery is released, stop turning
- Lift battery up, away from the e-bike.
CHARGING THE BATTERY
- Locate the charging port dust cover on the top left side of the battery. Rotate to expose the DC three-prong DC charge port.
- Connect the AC power cable into the charger and plug the cable into the power outlet. The charger will automatically start charging the battery.
! WARNING
!| Charging in 4 hours increments after riding.
After charging, mount battery and ride
e-bike for a few minutes to see battery level on the e-bike LCD display.
! WARNING
!| Read and understand all instructions. Failure to follow all instructions listed below could result in death or serious personal injury.
- Use only the charger supplied with the bicycle. Do not charge the battery pack with any charger that is not supplied or approved to charge the bike.
- Do not place anything over the charger while it is charging.
- Do not use the charger in damp or wet locations.
- Do not cover the body of the charger when charging.
- Do not drop the charger or subject it to high vibration.
- Do not use a charger that has been dropped.
- Do not short-circuit the battery pack’s terminals.
- Do not charge the battery pack if the temperature is over 140°F (60°C).
- Do not disassemble the battery pack.
- Do not submerge the battery pack in liquid or use it in wet areas.
- Do not place the battery pack near fire or heat.
- Do not expose the battery pack to freezing temperatures for an extended period. Do not charge a frozen battery pack. Allow it to reach room It is highly recommended you charge the battery pack after every ride, even if the battery pack is only lightly used.An on-board circuit prevents the battery pack from overcharging. The battery pack can achieve 500-700 full chargecycles. As the battery pack receives more charge cycles, the capacity will decrease. Charging a partially discharged battery pack is not considered a full charge cycle.
! WARNING
!| Recharge the battery pack at least once every month. A battery pack left unused for several months may result in permanent capacity loss.
Cold environments temporarily reduce the battery pack’s capacity. Avoid using the e-bike in very hot weather. Store the e-bike in sheltered place. Fully charge the battery pack before your first use. The charger included with the e-bike recognizes the battery pack’s initial charge and will automatically cease charging when the battery pack is fully charged. Always charge the battery pack before long trip.
- Be sure the e-bike is powered off.
- Be sure to use the proper 48 VDC or 52 VDC charging profile if using the Cycle Satiator” charger.
- The battery can ONLY be charged when removed from the e-bike.
TROUBLESHOOTING
SYMPTOMS | POSSIBLE CAUSES | SOLUTIONS |
---|---|---|
Reduced speed | • Low battery power | • Charge battery |
Reduced battery range
|
• Low battery power
• Low tire pressure
• Heavy load on bike
• Driving on rough terrain
|
• Charge battery
• Inspect tire
• Adjust bike load
• Adjust route
• Include pedal assist
| • Using throttle only|
|
• Charger not properly connected
| • Inspect connections
• Visit our website for best practices
• Replace charger
• Contact Support Team
Battery does not charge| • Battery temperature
• Damaged charger
• Issue with battery
E-bike making strange noises
|
• Loose hardware
• Issue on drivetrain
• Issue with motor
| • Tune-up and inspection needed
• Maintenance needed
• Contact Support Team
WARRANTY
This is the limited warranty (“Limited Warranty”) for the Scoot Electric
Bicycle (“Product”) for consumers in North America. This Limited Warranty
describes the service available to you in the event your Product requires
warranty service, and you may have additional protections under your local
laws.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY AND STATE TO STATE.
This sheet and the original purchase receipt for the purchase of your Product
are the documents defining the Limited Warranty. Please retain this document
and the original purchase receipt to preserve your warranty service.
CONTACTS
Service E-mail: support@CMSwarranty.com
Service Telphone Toll Free: 1-
888-970-0751 This Product’s warranty is
supported by Consumer Mobility Services (“CMS”).
Limited Warranty Period
This Limited Warranty covers all manufacturer’s defects inmaterial and
workmanship of the Product arising or occurring as a result of your normal and
ordinary use of the Product. In the event a defect covered by this
LimitedWarranty occurs, CMS will repair or replace your Product in accordance
with the terms of this Limited Warranty. The applicable period for the Limited
Warranty beginsfrom the original purchase date of the Product from an
authorized retailer. Under normal use, the main frame, battery and charger of
this Product are covered against all manufacturer’s defects for a period of
(1) one year from date of purchase. Components that are subject to wear
(please see below for the list) are covered against manufacturer’s defect for
a period of ninety (90) days.
- Deck lid (rubber components)
- Handlebar Grips
- Front tire
- Rear tire
- Front Fender
- Rear Fender
- Charger port cover
REPLACEMENTS AND REPAIRS
The longer of:
- the remainder of the original Limited Warranty for the Product; or
- 90 days from the consumer’s date of receipt of the replacement or repaired Product.
Limited Warranty Service Process
If you believe your Product has a defect, please contact CMS at 1-
888-970-0751 or email
support@CMSwarranty.com. CMS’s technical
support personnel are available to assist you in diagnosing and fixingany
problems you may encounter in the use of your Product. In the event we cannot
help you fix the problem. You may be entitled to warranty service under this
Limited Warranty.
In order to submit your Product for warranty service pursuant to this Limited
Warranty, you will be asked to provide CMS with (i) the proof of purchase from
an authorized retailer; and (ii) the Product’s serial number. Upon
verification of your eligibility, you will need to provide your name, email
address. Mailing address and contact telephone number in order to receive a
return materials authorization (“RMA”) number. CMS must receive your defective
Product within thirty (30) days from CMS’s issuance of an RMA to you. CMS may
direct you to a designated third party for warranty repairs. You must include
your defective Product within the CMS-provided or CMS-approved packaging for
shipment to CMS. You are responsible for any damages caused by your improper
packaging or shipment of the Product to CMS, or risk of loss during transit.
An authorized service provider will conduct an inspection of your Product. If
CMS determines that the problem is not covered under the Limited Warranty, CMS
will notify you and inform you of service or replacement alternatives that are
available to you on a fee basis, or CMS will return your Product to you
unrepaired. For eligible warranty claims, CMS will service defective Products
with new or reconditioned parts of same or similar style at no cost to you for
the service. Parts replaced by CMS will be retained by, and become the
property of CMS. For eligible warranty claims, CMS will pay reasonable return
shipping charges for the return of the Product to you.
Limited Warranty Eligibility
- Your request for service must be received by CMS within the Limited Warranty Period as described above, and CMS must receive your Product in accordance with the Limited Warranty Service Process defined above.
- Your Product must be purchased from an authorized reseller of the Product.
- You must retain the original purchase receipt and your Limited Warranty, and provide this documentation to CMS to verify your warranty eligibility.
- This Limited Warranty describes the service available to you in the event your product requires warranty service.
- Your Product must have the serial number clearly legible, unobscured, uneffaced and unmodified.
Limited Warranty Exclusions
This Limited Warranty describes the service available to you in the event your
Product requires warranty service, and you may have additional protections
under your local laws. This Limited Warranty does not cover and excludes
damage to your Product:
- Caused by abuse, misuse, neglect or commercial use.
- Caused by improper charging, storage, or operation, including, without limitation, use contrary to the owner’s manual and other documentation, use otherthan in accordance with specified weight and age limits, use on stairs, walls and curbs, or any extreme sport or exhibition use.
- Caused by accident, collision, riding over obstacles, racing, fire, water submersion, high pressure water spray, freezing, earthquake, dropping, severe oxidation, or chemical solvent corrosion.
- Caused by any repair that was unauthorized by CMS.
- Caused from improper packaging or mishandling during shipment to the warranty-service provider.
- That is cosmetic, including, scratches, dents and the removal of protective coatings that are designed to diminish over time, unless such damage occurred due to a defect in materials.
- Caused by the use of the Product with, or any modification to the Product using, any third party product, component or accessory that is not sold.
Liability Disclaimer and Limitation
CMS does not assume, nor authorizes anyone to assume on its behalf, any other
obligation or liability in connection with a Product. Its component parts,
accessories, service repair, or this Limited Warranty. CMS is not responsible
for any loss of use of a Product, its component parts,accessories, or for any
inconvenience or other loss or damage which might be caused from any defect in
aProduct, it’s component parts, accessories, service repair, or for any other
incidental or consequential damages the purchaser may have as a result of any
defect in a Product, its component parts, accessories, or service repair.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO PRODUCT AND ITS
COMPONENT PARTS, ACCESSORIES, AND SERVICE REPAIR. CMS AND ITS AFFILIATED
COMPANIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES IM PLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION. OR
MODIFICATION UNDER APPLICABLE LAW. ANY SUCH IMPLIED WARRANTIES WHICH MAY BE
REQUIRED BY LAW AND ARE NOT DISCLAIMED HEREBY ARE LIMITED, TO THE EXTENT
ALLOWED BY LAW, TO THE APPLICABLE PERIOD OF THIS LIMITED WARRANTY, OR TO THE
APPLICABLE TIME PERIOD PROVIDED BY THE APPLICABLE COUNTRY/STATE LAW, WHICHEVER
PERIOD IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME
COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
SOME PURCHASERS.
CMS’S TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS, JOINT AND SEVERALLY,
ARISING HEREUNDER AND ANY AND ALL APPLICABLE WARRANTIES AT LAW ARE LIMITED TO
THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCT, AS DETERMINED IN CMS’S
DISCRETION, AND ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE HEREBY EXCLUDED,
UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. SOME
COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES. SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
Claims and Dispute Resolution
CMS AND YOU AGREE THAT ALL CLAIMS OR DISPUTES ARISING IN ANY WAY FROM THIS
LIMITED WARRANTY OR THE SALE, CONDITION OR PERFORMANCE OF THE PRODUCT, WHETHER
BASED IN CONTRACT, TORT, STATUTORY, FRAUD, MISREPRESENTATION OR ANY OTHER
LEGAL THEORY, AND ALL CLAIMS THAT ARE SUBJECT OFA PURPORTED CLASS ACTION
LITIGATION THAT YOU ARE NOT A MEMBER OF THE CERTIFIED CLASS, SHALL BE RESOLVED
THROUGH ARBITRATION AS PROVIDED FOR HEREIN, OR IN SMALL CLAIMS COURT, AND NOT
BY A TRIAL BY JURY. YOU WAIVE THE RIGHT TO A TRIAL BY JURY, AND WAIVE THE
RIGHT TO PARTICIPATE IN CLASS ACTIONS ARISING FROM OR RELATING TO ANY AND ALL
CLAIMS AND DISPUTES WITH CMS. YOU AGREE THAT YOU MAY ARBITRATE CLAIMS AGAINST
CMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, A CLASS
REPRESENTATIVE, OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE
FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS
PROVISION. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS LIMITED
WARRANTY. CMS REQUIRES THAT YOU ARBITRATE YOUR CLAIMS AGAINST CMS PURSUANT TO
THE ARBITRATION DESCRIBED BELOW PRIOR TO YOUR EXERCISE OF YOUR RIGHTS PURSUANT
TO TITLE I OF THE MAGNUSON-MOSS WARRANTY ACT. TITLE I OF THE MAGNUSON-MOSS
WARRANTY ACT DOES NOT REQUIRE YOU TO PURSUE RIGHTS AND REMEDIES AVAILABLE TO
YOU THAT ARE NOT PROVIDED BY TITLE I OF THE MAGNUSON- MOSS WARRANTY ACT.
Any such arbitration shall not be combined or consolidated with a claim or
dispute involving any other person’s or entity’s product or claim or dispute,
and specifically. Without limitation of the foregoing. Shall not under any
circumstances proceed as part of a class action or class arbitration. If you
intend to seek arbitration you must first email CMS at support@CMSwarranty.com
a notice of dispute, at least thirty (30) days in advance of initiating the
arbitration. The notice must include: (i) a description of your claim and the
basis of the dispute; and (ii) a description of the relief you are seeking. If
CMS and you do not reach an agreement to resolve the claim within thirty (30)
days after CMS receives your notice, you or CMS may commence an arbitration
proceeding.
The arbitration will take place in Los Angeles, California or a mutually
agreed upon location. Arbitration shall be administered by JAMS, or
alternatively a mutually agreed upon arbitrator or arbitration service, under
the applicable commercial arbitration rules for JAMS or the mutually agreed
upon arbitration service, excluding any rules or procedures governing or
permitting class actions. The arbitrator, and not any federal, state or local
court or agency, shall have exclusive authority to resolve all disputes
arising out of or relating to the interpretation, applicability,
enforceability or formation of this Limited Warranty, including, but not
limited to any claim that all or any part of this Limited Warranty is void or
voidable, or whether a claim is subject to arbitration. The arbitrator shall
be empowered to grant whatever relief would be available in a court under law
or in equity. The arbitrator’s award shall be written. And binding on the
parties and may be entered as a judgment in any court of competent
jurisdiction. To the extent the filing fee for the arbitration exceeds the
cost of filing a lawsuit; CMS will pay the additional cost. The arbitration
rules also permit you to recover attorney’s fees in certain cases. The parties
understand that, absent this mandatory provision, they would have the right to
sue in court and have a jury trial. They further understand that, in some
instances. The costs of arbitration could exceed the costs of litigation and
the right to discovery may be more limited in arbitration than in court.
This arbitration provision also applies to claims and disputes by you, the
purchaser of the Product. And all those in privity with you, including your
family members, beneficiaries and assigns against CMS’s subsidiaries and
affiliates and any person or entity that licensed, supplied, sold or
distributed the Product and each of their officers, employee, representatives,
licensors/licensees. Agents. Beneficiaries, predecessors in interest,
successors. And/or assigns. You may opt out of this dispute resolution
procedure by providing notice to CMS no later than thirty (30) calendar days
after the date of the first consumer purchaser’s purchase of the Product. To
opt out you must send notice by e-mail to Optout@CMSwarranty.com. The opt-out
notice must include (a) your name, email address. Mailing address and phone
number; (b) the date on which the product was purchased; (c) the product model
name or model number; and (d) the Serial Number. Opting out of this dispute
resolution procedure will not affect the coverage of the Limited Warranty in
any way, and you will continue to enjoy the benefits of the Limited Warranty.
If you opt-out of these arbitration provisions, CMS also will not be bound by
them.
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