Terms of Purchase
Code of Conduct
Transparency in Supply Chain
By accessing or using this Website or the Services, you acknowledge that you have read, understood, and agree to comply with and be bound by these Terms, including the disclaimer of warranties and limitations on liability.
These Terms and Conditions May Change
GEN3 reserves the right to update or modify these Terms at any time without prior notice. All changes are effective immediately when we post them to the Services, and apply to all access to, and use of, the Services thereafter. Your continued use of the Services following the posting of any revised Terms constitutes your acceptance of the changes. For this reason, we recommend that you review these Terms whenever you use our Website and especially before you purchase products from us. If you do not agree to any revised Terms, you should discontinue your use of the Services. Any new or additional features, tools, services, or content that are added to the Services will also be subject to these Terms.
1. Additional Terms
Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with such Services. You must agree to any applicable Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in any Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, then you may not use the Services to which they relate. If any Additional Term is inconsistent with the provisions of these Terms, the Additional Term will prevail for the specific Services to which it applies.
2. USE OF OUR WEBSITE
Access to and use of certain functionalities of the Services may require you to register for a user account (“Account”) with us. If you decide to register an Account with us, you will create a user ID and password to access your Account. You agree to provide us with accurate, complete, and current information about yourself during Account registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any purchase related to the Services. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use the Services via your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at email@example.com if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.
No Minors Allowed
The Services are only available to users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent that you are at least eighteen (18) years of age or over the age of majority in the state or country where you are a resident or citizen.
We welcome your comments about our Website. However, any comments, feedback, notes, messages, ideas, suggestions, or other related content, including any original creative materials such as stories, product ideas, computer code or original artwork (collectively “Comments”) sent to us through the Website or through the Services shall be and remain the exclusive property of GEN3. Your submission of any such Comments constitutes an assignment to GEN3 of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. GEN3 will be entitled to, without seeking your permission, copy, use, store, reproduce, transfer, disclose, publish, and distribute (collectively “Proposed Use”) any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. By submitting Comments, you acknowledge and agree that (i) your Comments do not contain any confidential or proprietary information of you or any third party; (ii) we are not under any obligations of confidentiality with respect to the Comments, (iii) you agree to our Proposed Use of the Comments, and (iv) you are not entitled to any compensation of any kind from us.
Hyperlinks to Other Websites
Our Website may contain links to other websites operated and maintained by third parties. GEN3 is not responsible for the security, privacy practices and the content of these third-party websites. Please note that the privacy policies applicable to such third-party websites may differ significantly from the GEN3 Privacy Statement, so you must read them carefully before using those websites. GEN3 cannot be held liable for any actions or omission by or content of such third-party websites. If you have any concerns regarding any third-party websites, services or resources, or any hyperlink thereto, you should contact the operator or owner of the relevant third-party website. The inclusion of a third-party link does not imply endorsement by GEN3 or any association with the operators of the third-party websites. GEN3 does not investigate, verify, or monitor the third-party services. We provide links to these third-party services for your convenience only, and you access those third-party services at your own risk.
Restrictions on the Use of our Content
All information, materials, and other content available through the Services (collectively, the “Content”) is the sole and exclusive property of GEN3 or its licensors. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, and to access, use, view, and print any Content, solely for your personal and internal business purposes. Except for the limited rights set forth in this Section, you may not download, copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign to any third party the Services or Content. When using the Services, you must not:
- reproduce, republish, or distribute any Content without the expressed permission of GEN3;
- use the Services or Content to create any derivative works or competitive products, or to develop applications, services, websites, or any other functionalities that leverage the Services or Content;
- remove any proprietary notices on the Services or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Services or Content;
- infringe, misappropriate, or violate the intellectual property, proprietary, or privacy rights of any third party;
- make any use of the Services or Content that violates any applicable local, state, national, international or foreign law;
- provide any content, data or information to GEN3 that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
- fail to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution or other disclosure of the Services or Content;
- upload to the Services the personal information of others that you are not authorized to provide;
- communicate the Content to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Services, or any part thereof;
- use the Services or Content in a way that suggests you are a representative of GEN3;
- circumvent the user authentication or security of the Services or any host, network, or account related thereto;
- interfere with or disrupt the proper functioning of the Services or Content, GEN3 or any third-party systems used to host the Services, or other equipment or networks used to provide the Services or Content; or
- cause damage to GEN3’s business, reputation, employees, members, facilities, or to any other person or legal entity.
Any scraping, automated access, or other unauthorized access to, and storage of, the Services or Content will result in immediate termination of your access to the Services or Content, if applicable. Use of the Services or Content for any purpose other than what is permitted in these Terms is expressly prohibited.
3. Disclaimers and Limitation on Liability
To the maximum extent permitted under applicable law, this Website, and all Content available on this Website are provided on an “as is” basis without warranties of any kind, either express or implied. All warranties, conditions and other terms implied by statute or common law are excluded to the maximum extent permitted by applicable law, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge and agree, by your use of the Services, that your use of the Services is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that GEN3 Mobility LLC, any of its officers and employees will not be liable for any loss or damages of any kind in any way arising out of or related to your use of the Services.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU OR A THIRD PARTY.
From time to time there may be information on our Website, newsletter, or in our catalogs that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. GEN3 reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Our newsletters are for informational purposes only and are provided to you on an “as-is” basis. Users may request to be added to the subscription list of our newsletter at any time and may opt-out of receiving the newsletter at any time.
GEN3 does not guarantee the accuracy of any of the information contained in our newsletter and will not be liable for any information that may appear on any linked websites.
Limitation of Liability and Exclusion of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GEN3 OR ANY OF ITS LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER, OR IN CONNECTION WITH, THESE TERMS OR THEIR SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, FOR ANY: (I) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR LOSS OF DATA, OR (II) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL GEN3’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO GEN3, OR $5.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
4. Intellectual Property Right
The Services and Content are protected by copyright, trademark, patent, and other intellectual property and proprietary rights. All title, ownership rights, and intellectual property rights in and to the Content and Services are owned by us or our licensors. All rights are reserved. The Services and Content may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of these Terms.
All trademarks, service marks, logos, trade names, and any other proprietary designations of GEN3 used herein are trademarks or registered trademarks of GEN3, our affiliates, or our suppliers. You may not use any of our trademarks, logos, or trade dress in connection with any product or service that is not owned or provided by us, in a manner that is likely to cause confusion among customers or users, or in any manner that disparages us, our affiliates, or our suppliers.
From time-to-time, GEN3 may offer you the opportunity to participate in various promotions (collectively, “Promotions”). You may not transfer, assign, sell, trade, or barter any premium, offer, prize, or other benefit you receive through a Promotion. ANY PREMIUM, OFFER, PRIZE, OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM GEN3, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotions-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY DELIBERATE ATTEMPT BY ANY INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state, and local laws, rules and regulations. Promotions are void where that they are prohibited, restricted, or taxed.
BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE GEN3 AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PREMIUM or prize THAT YOU MAY RECEIVE.
Privacy is important to GEN3. You agree and understand that GEN3 may process your personal information in accordance with our Privacy Statement . You acknowledge and agree that you are solely responsible for the accuracy and content of your personal information.
7. COPYRIGHT INFRINGEMENT NOTICE PROCEDURES
We respect the intellectual property rights of others and expect our users to do the same. It is our policy, at our discretion and when appropriate, to remove infringing materials or terminate the Accounts of users who may infringe or repeatedly infringe the copyright of third parties. If you believe, in good faith, that any materials on the Website infringe your copyright, please notify us at: firstname.lastname@example.org.
To submit a copyright infringement notification to us, please submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our DMCA Designated Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the material;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing including information reasonably sufficient to permit us to locate it on the Leading Harvest Portal;
- Your name and the mailing address, telephone number, and email address where we can contact you;
- A statement that you have a good faith belief that use of the material on the Leading Harvest Portal is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, we do not guarantee any action based upon the receipt of your notice. You acknowledge that if you fail to comply with all the requirements of the preceding paragraph, your DMCA notice may not be valid.
8. Governing Law
These Terms and the Services are governed by and construed in accordance with the laws of the state of Washington. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You and GEN3 each agree to exclusive jurisdiction and venue in the state and federal courts located in Seattle, Washington, USA. For any dispute or claim you may have arising out of or relating to the Services, Content, or these Terms, you and GEN3 will each give the other the opportunity to resolve it by sending the other a written description of the dispute or claim, along with contact information, relevant documents, supporting information, and the proposed resolution before pursuing a claim. Notice to GEN3 must be sent to the contact information provided in Section 12 (Contact Info). GEN3 will notify you in writing at the email or mailing address that you provide to us in your notice to us or at any email or mailing address otherwise provided by you or made available to us. You and GEN3 each agree to negotiate disputes and claims in good faith. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IF FOR ANY REASON, ANY CLAIM OR CAUSE OF ACTION, OR ANY PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY A PARTY AGAINST THE OTHER PARTY, BASED UPON, ARISING OUT OF, OR RELATED TO THE SERVICES, CONTENT, OR THESE TERMS, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE, PROCEEDS IN FEDERAL OR STATE COURT, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. THIS WAIVER APPLIES TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS, OR MODIFICATIONS TO THESE TERMS.
You may terminate your use of the Services at any time. We may, in our sole and absolute discretion, take whatever action we deem necessary to preserve the integrity of the Services and Content. Violation of any of these Terms may result in actions being taken by us, effective immediately or at a time determined by us, which may include without limitation: (i) temporarily suspending your access to the Services, or (ii) permanently terminating your access to the Services. Without limiting the foregoing, we retain the right to decline to provide the Services to any user who violates these Terms or our Privacy Statement.
Termination will not limit any of our other rights or remedies. The subsection titled “User Comments” within Section 2 (Use of Our Website), Sections 4 (Intellectual Property Right), Section 3 (Disclaimers and Limitation on Liability), Section 7 (Governing Law), Section 8 (Termination), Section 9 (General Terms), and any other provision that, by its nature, is intended to survive termination shall survive termination of these Terms.
10. General Terms
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and GEN3 intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and GEN3 agree that if any provision of these Terms is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are for convenience only and have no legal or contractual significance. GEN3 may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. GEN3’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on GEN3 if it is in a written document signed by GEN3. Both you and GEN3 warrant to each other that, in entering these Terms, neither GEN3 nor you have relied on, or will have any right or remedy based upon, any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and GEN3, or GEN3’s successors and permitted assigns, will have any right to enforce any of these Terms.
11. Notice to California Residents
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Services is:
GEN3 Mobility LLC
110 110th Avenue NE, Suite 520
Bellevue, WA 98004
If you should have any further questions, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
12. International Use
Please be aware that we are headquartered in the United States and that the Services and Content are governed by United States law. If you are using the Services or accessing the Content from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.
GEN3 makes no representation that the Services or Content are appropriate or available for use in locations outside of the United States, and access to the Services or Content from territories where such Services or Content is illegal is prohibited. Those who choose to access the Services and Content from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services or Content in violation of United States export laws and regulations.
If you use the Services or access the Content outside of the United States you, (i) consent to the transfer, storage, and processing of your information to and in the United States; (ii) will not access or use the Services or Content if you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States; and (iii) agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject GEN3 or its affiliates to any registration requirement within such jurisdiction or country.
13. Contact Information
If you have any questions, please contact us at:
Mail: GEN3 Mobility LLC
Attention: Legal Department
110 110th Avenue NE, Suite 520
Bellevue, WA 98004
Effective Date: April 1, 2021
Welcome to GEN3ride.com (“Website”)! Please take a few minutes to review these Terms of Purchase. These Terms of Purchase (the “Terms”) are a legal agreement between you and GEN3 Mobility LLC (“GEN3”, “us”, or “we”) and apply to all purchases made by you through the Website. By purchasing any e-bike, kick scooter, accessories, parts, or any other product or service offered on the Website (collectively “Products”) from GEN3, you agree to be bound to these Terms in their entirety.
Please read these Terms carefully as they list your rights and obligations, including the requirement that all disputes that you may have under these Terms be taken to arbitration instead of a jury trial or class action.
By placing an order for Products from this Website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Purchase. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Purchase.
You may not order or obtain Products from this Website if you (a) do not agree to these Terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with GEN3, or (c) are prohibited from accessing or using this Website or any of this Website’s contents, goods, or services by applicable law.
THESE TERMS AND CONDITIONS MAY CHANGE
“GEN3” reserves the right to update or modify these Terms at any time without prior notice. All changes are effective immediately when we post them to the Website, and apply to all access to, and use of, the Website thereafter. Your continued use of the Website following the posting of any revised Terms constitutes your acceptance of the changes. For this reason, we recommend that you review these Terms whenever you use our Website and especially before you purchase Products from us.
ORDERS AND ACCEPTANCE
Purchasing a Product on the GEN3ride.com website is an offer to buy that Product. All orders must be accepted by us or we will not be obligated to sell the Product to you. We may choose not to accept orders at our sole discretion, even after we charge your credit card / financing for the purchase and will send you an email confirming our receipt of your order. GEN3’s acceptance of your order is only effective upon shipment of the Product, regardless of when your credit card charge or financing is processed.
GEN3 only accepts orders for Products being shipped to physical locations within the contiguous United States. Orders placed for shipment to locations outside of the contiguous United States, including Alaska, Hawaii, Puerto Rico, and any other US territory or possession, or to any other country, will not be accepted. Additionally, GEN3 does not ship to PO Boxes or APO/FPOs located anywhere – those orders will not be accepted.
In some cases, and based on physical location, assembly of an electric bicycle (“eBike”) may be available for an additional charge. These services are provided by velofix Holdings Ltd. (“velofix”) in Canada, and velofix and Velotooler, LLC (“Velotooler”) in the United States. While placing your order online, you will have the opportunity to verify whether assembly is available in your area, and if so, you will be able to add assembly from one or more of our service providers to your shopping cart and will be charged at one time for the eBike purchase and the assembly charge. After receiving your Product, you will be required to contact velofix / Velotooler to arrange a time for them to come to your location to complete the assembly and provide an overview of the operation of the electric bicycle. If you miss or cancel your appointment, an additional charge of USD $100 will be charged to you. Since the assembly services are handled by velofix or Velotooler directly, it is wholly responsible for the quality of the work and any issues that arise out of the assembly service.
You are responsible for ensuring that you comply with all applicable local, state/provincial, and federal regulations that may apply concerning the use of Products purchased from GEN3.
Changes cannot be made to any order once the Product has shipped.
For pre-order opportunities available on the Website, GEN3 will charge you at time of order, regardless of when the Product might ship. At the time of shipment, you will be notified by GEN3 and will have the opportunity to cancel your pre-order prior to shipment. Any cancellation of a pre-order will incur a USD $200 cancellation fee.
SHIPMENT OF ORDERS
Products will be shipped via FedEx, UPS, or other freight carriers, to the physical location identified on the internet order. GEN3 is not responsible for any delays in delivery caused by these providers. GEN3 is not responsible for any lost, stolen, or damaged items due to the actions or inaction of FedEx, UPS, or any other parcel carrier. If a Product arrives damaged, you must notify GEN3 Customer Service; either via phone at 1-888-884-GEN3 (4363), by emailing GEN3 Customer Support at support@GEN3ride.com, or by visiting our GEN3 Support Center website at support.GEN3ride.com and submitting a ticket. You should take images of the damage Product and provide these images back to GEN3 with a copy of the shipping documentation, and GEN3 will work with you and the shipping company to get the matter resolved.
Shipping and delivery dates are estimates only and are not guaranteed. We are not liable for any delays in shipments.
- Title to all Products ordered by you, and risk of loss to such Products, will transfer to you at the time GEN3 delivers such Products to the applicable shipping carrier.
- Notwithstanding the foregoing, if we have not received payment in full for the Products prior to their delivery, then the Products will remain our property until such time as payment is received in full. We reserve the right, subject to applicable law, to terminate your right to use the Products if payment is not made when due, or if the credit card/financing company declines payment or requires us to return any payment made for the Products, for any reason.
GEN3 offers free returns of new electric bicycles and kick scooters within fifteen (15) days of delivery to the consumer. To be eligible to return of these items within this period, the following conditions apply:
- The Product must have less than 15 miles (24 km) on the odometer, if applicable;
- The Product must be free from wear and tear, scratches, dents, dirt, dust, odor, or any other signs of use;
- The Product must be returned in its entirety, with all parts and accessories included, in its original packaging; and
- Prior authorization and a returned merchandise authorization (RMA) number must be received from GEN3 Customer Service (per the instructions below) prior to shipping back the Product.
For Certified Pre-Owned products, customers may still return the product within fifteen (15) days for credit of the original purchase price, less the original shipping cost of USD $99 plus tax. The customer is also responsible for all costs related to returning the product to GEN3, including any costs for packaging and shipment of the goods. The conditions for return are the same as noted above for new GEN3 Products.
GEN3 offers returns of replacement parts or accessories within thirty (30) days of delivery to the consumer. To be eligible to return parts or accessories within this period, the following conditions apply:
- You are responsible for all shipping charges to return the Product to GEN3;
- The Product must be free from wear and tear, scratches, dents, dirt, dust, odor, or any other signs of use;
- The Product must be returned in its entirety, with all parts and accessories included, in its original packaging;
- Prior authorization and an RMA number must be received from GEN3 Customer Service (per the instructions below) prior to shipping back the Product; and
- All returns of parts and accessories will be charged a 25% restocking fee.
Other return conditions may apply for the GEN3 Concierge Service. Please refer to the GEN3 Concierge Service page on the Website.
Requesting a Return
To request a return, you must receive an RMA number by contacting GEN3 Customer Service.
- GEN3 Customer Service may request images of the Products and will issue a RMA number and send you a prepaid return label for the logistics carrier that will ship the Product.
- You will then package the Product in its original packaging, attach the prepaid return label, and contact the logistics carrier for pick-up of the Product.
- Credit for the return will only be returned to you once the Product has been received by the GEN3 Repair Center and inspected to ensure that it complies with the conditions of the return policy. If any of those conditions are not met, GEN3 Customer Service will contact you to resolve the issue. GEN3 reserves the right, at all times, to reject the return if these Terms are not met.
Any Products returned to GEN3 without prior written consent of GEN3 will be rejected and you will have to arrange shipment back to you at your cost.
Used Products, batteries, special orders, or sale items are not returnable except in EXTREME cases of breakage/malfunction covered by our limited warranty, and then only after obtaining our approval for the return.
Prices posted on this Website may be different from prices offered by us elsewhere. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer, from time-to-time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Our Website is powered by Big Commerce, a third-party service, and all payments made by you to GEN3 are processed through Big Commerce’s payment portal. Payments may be declined or returned to you, in GEN3’s sole discretion, for any reason or no reason at all. If we accept a pre-order of any Product, your account, credit card, or other payment mechanism will be charged upon approval by GEN3, regardless of when your purchase is expected to ship. If any credit card chargeback of any amount is issued on an order, the Limited Warranty for that order will be paused until the chargeback has been resolved.
- Tax. All applicable taxes (including sales tax) will be collected on all orders where such taxes are required to be collected.
- Financing. For qualified purchasers, Products may be financed through third-party consumer financing providers. The necessary qualifications for financing a purchase, and your rights and obligations associated with such purchase, are solely determined by the consumer financing provider. It is your responsibility to review and understand all terms and conditions associated with financing a purchase, and you hereby acknowledge that GEN3 is not responsible for any such third-party financing.
By submitting payment on the Website, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE ARE ONLY LIABLE TO YOU FOR LOSSES THAT YOU SUFFER AS A DIRECT RESULT OF OUR BREACH OF THESE TERMS AND THAT ARE REASONABLY FORESEEABLE. OUR LIABILITY FOR SUCH LOSSES WILL BE NO MORE THAN THE AMOUNT OF PURCHASE OF OUR PRODUCTS GIVING RISE TO SUCH LOSSES. WE ARE NOT LIABLE FOR ANY OTHER LOSSES. THESE TERMS DO NOT EXCLUDE OR LIMIT OUR LIABILITY (IF ANY) FOR: (i) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; (ii) FRAUD; (iii) FRAUDULENT MISREPRESENTATION; OR (iv) ANY MATTER WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE OR ATTEMPT TO EXCLUDE OUR LIABILITY. YOU MAY HAVE OTHER RIGHTS GRANTED BY LAW AND THESE TERMS DO NOT AFFECT SUCH RIGHTS.
Disclaimer of Implied Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY GEN3 ARE WARRANTED ONLY TO THE EXTENT EXPRESSLY STATED IN THE APPLICABLE PRODUCT WARRANTY PROVIDED WITH YOUR PRODUCT. OTHERWISE, THE PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. GEN3 AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, GEN3, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU OR A THIRD PARTY.
Disclaimer of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GEN3 OR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE PRODUCTS, EVEN IF GEN3, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Acknowledgement and Indemnification
You agree and acknowledge that GEN3 cannot oversee and supervise the safety and proper usage of Products that you have purchased, specifically electric bicycles and kick scooters. You agree that GEN3 cannot be held responsible for safe use or other actions by you, the purchaser, and any other persons who may use the Product. You, agree to all the terms that follow:
- You agree and acknowledge that no one should ride an electric bicycle or kick scooter without prior familiarizing themselves with the safe use and operation of the Product and the local, state/provincial, and federal laws that apply to that Product.
- You are aware of and understand the risks, hazards, and dangers of personal injury, property damage, disability, or death inherent in the use, or as a result of misuse, of electric bicycles and kick scooters, especially when sharing the road with other vehicles. You hereby voluntarily assume any and all risks associated with the loss, damage, physical injury, or death that may occur while riding the electric bicycle or kick scooter.
- You agree and acknowledge that no one with a serious medical condition should ride an electric bicycle or kick scooter.
- You agree and acknowledge that no one should ride an electric bicycle or kick scooter under the influence of drugs, including prescription medications, or alcohol, or while otherwise incapacitated or impaired.
- You agree and acknowledge that it is not safe to ride an electric bicycle or kick scooter in hazardous conditions, including uneven or off-road terrain, in the rain, or in the snow, and assume all risks when riding under these or any other unsafe conditions.
- You agree to release, waive, defend, indemnify, and hold GEN3 and its directors, officers, employees, agents, members, partners, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorney’s fees, relating to and arising from a) your purchase or use of any Products, b) any violation by you of these Terms, or c) your violation of any third-party’s rights or applicable law. GEN3 reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with GEN3 in asserting any available defenses.
Dispute Resolution and Binding Arbitration
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION’S COMPREHENSIVE ARBITRATION RULES. YOU AND GEN3 AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND GEN3 WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
- This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and GEN3, its affiliates, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase that relates in any way to your purchase of the Products, these Terms, or GEN3’s marketing or advertising (“Claims”).
- You still have the right to bring individual Claims in small claims court, to the extent that you qualify.
- GEN3 will pay the arbitration/arbitrator fees.
- Arbitration will be administered by the Judicial Arbitration and Mediation Services (“JAMS”), subject to its Consumer Arbitration Rules, available at www.jamsadr.com
- Discovery will be permitted in arbitration subject to JAMS’s Arbitration Rules & Procedures.
- The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator will be empowered to grant whatever relief would be available in court. Any arbitrator award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
- Claims may not be arbitrated on a class or representative basis. You and GEN3 agree to arbitration only on an individual basis. Neither you nor GEN3 may join or consolidate claims of others or participate in any claim as a class representative or a class member.
- If any portion of this arbitration agreement is found unenforceable, the unenforceable portion will be severed, and the remaining arbitration terms will be enforced (but in no event will there be a class arbitration). This paragraph controls over any inconsistent term in any other agreement between you and GEN3.
- You and GEN3 agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
- This arbitration agreement is governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
Notice and Updates
GEN3 will provide all notices (including legal process) that GEN3 is required to give by any lawful method, including by making notice available through the Website or by sending it to any e-mail or mailing address that you provide to GEN3. You acknowledge that if you do not provide GEN3 with current and accurate contact information, GEN3 may not be able to contact you. You agree to send GEN3 notice by mailing it to:
GEN3 Mobility LLC, Legal Department
2606 116th Avenue NE, Suite 200, Bellevue, WA 98004
These Terms are governed by and construed in accordance with the laws of the state of Washington, United States of America.
The parties acknowledge and agree that:
- all the provisions of these Terms, including the arbitration agreement, are reasonable in all circumstances and that each provision is and will be deemed to be severable and independent; and
- if all or any part of any provision of these Terms is judged invalid or unenforceable in all the circumstances, it may be construed (or deleted if necessary) so as to be valid and enforceable to the greatest extent possible and does not affect the validity or enforceability of the remaining provisions.
GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying Products from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases you make on the Website are intended for final delivery to locations within the United States.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this provision is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of GEN3.
NO THIRD-PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Effective Date: October 19, 2021
GEN3 Mobility LLC (“GEN3”) is a fast-paced, vibrant, and design-centric organization supplying electric mobility products to the largest retailers in the world. We develop highly effective and creative products and are building a world class organization with significant brand presence. Our Suppliers are critical to our success and it is important that our Suppliers share the same values of ensuring safe workplaces that respect the fundamental rights of all employees and operates with the highest standard of quality, business transparency, and ethics.
This Code of Conduct provides specific requirements for GEN3 suppliers to follow. These standards are based on local and national laws / regulations, the International Labor Organization’s Core Conventions, and other relevant international standards. GEN3 will conduct audits of its Suppliers using either internal Compliance staff and / or independent third-party auditing companies or will accept audit reports from internationally recognized third-party industrial audit standards to qualify its Suppliers. GEN3’s approach is to work with our Suppliers on continuous improvement of any violations discovered during a Supplier audit, rather than penalizing the Supplier in a way that may cause hardship to workers and their families who depend upon the Supplier for employment.
Applicable Laws means all national, provincial, state, local, or international laws and regulations that apply in the country of manufacture, including but not limited employment, health and safety, and environmental regulations.
Code means this Supplier Code of Conduct.
Employee means any employee, laborer, worker, or staff member employed or contracted by the Supplier. This includes all foreign or migrant workers, whether employed directly or through an agency, and any service agency providing services to Supplier.
Factory means any entity that produces, or processes finished goods or components sold to GEN3. The Factory may be owned or contracted by the Supplier.
Finished Goods means all goods that have finished the manufacturing process but have not yet been sold. These goods are generally described on the GEN3 purchase order.
Home Worker means any individual who performs services related to the manufacturing process or production of merchandise from his or her home or premises other than the Supplier.
Major Components means any finished good that may be subsequently packed as part of a separate kit.
Migrant Worker specifically means a class of Employee who is a domestic or foreign migrant worker, whether employed directly or through an agency, imported into the area or country of production. Special employment rules shall apply specifically for Migrant Workers. Domestic migrant workers move within different areas within the same country. Foreign migrant workers move between countries.
Supplier means all entities contracted to provide products to GEN3, including non-manufacturing Suppliers to which purchase orders may be issued, manufacturing facilities of finished goods or major finished good components, assembly, packing, and shipping facilities, and printing companies.
Unauthorized Subcontracting means the assigning, delegating, or transferring any portion of a Purchase Order to another Supplier without full disclosure and consent of GEN3. This does not refer to subcontracting of minor production processes.
Zero Tolerance means violations that are prohibited. All Zero Tolerance violations must cease immediately, and Suppliers must provide a detailed Corrective Action Plan (CAP) to address the violations.
Suppliers are responsible for ensuring compliance to this Code throughout their organization.
The Code applies to all workers in every work site and dormitory facility. All workers must be informed about their rights and entitlements under both local law and the Code.
Home Workers are prohibited for GEN3 products (Zero Tolerance).
The use of forced, bonded, indentured, or prison labor is prohibited (Zero Tolerance).
GEN3 reserves the right to audit or authorize a third-party to audit any Supplier that participates in the production of GEN3 products. In some cases, GEN3 Customers will require their own audits of GEN3 Suppliers. Such audits may include any Subcontractor used by the Supplier and may occur with or without advance notice.
Supplier’s management shall provide access to the Factory and all books and records that will allow for a comprehensive Code of Conduct audit to be conducted, including an opportunity for confidential and private interviews with Employees selected by the auditor. Prior coaching of interviewees is not allowed, nor is any retaliation against any Employee or auditor.
Supplier must maintain documentation necessary to verify compliance with the Code and all Applicable Laws. Supplier must be transparent and provide real documents to GEN3 personnel or third-party auditors, including but not limited to licenses, permits, certifications, policies and procedures, employee contracts, employee wage records, and other facility records.
Business Transparency & Ethics
Supplier shall have management systems, policies, procedures, and practices in lace to comply with this Code. Supplier shall maintain accurate documentation at all times and make that information available to auditors as required.
All Suppliers engaged in production of finished goods for GEN3 are required to be disclosed and approved by GEN3. Failure to do so is a Zero Tolerance violation for Unauthorized Subcontracting.
All forms of bribery, corruption, deception, and falsification of records are strictly prohibited. Any such finding may result in the termination of the business relationship. GEN3 employees are prohibited from accepting gratuities from Suppliers. Gratuities include gifts, moneys, trips, meals, lodging, or special favors.
Hiring & Responsible Recruitment
Supplier shall follow all Applicable Laws related to the hiring of employees. The Employees legal status shall be verified, and Employees shall be provided a written Employment Contract, in their local language, outlining the terms of employment.
At time of hiring, all employees shall be of at least fifteen (15) years of age, or legal age as established by local law if higher than fifteen. Official and verifiable documentation of each employee’s date of birth shall be maintained in the employee’s file (Zero Tolerance). Suppliers shall have a system in place to report and remediate cases of child labor.
Employees under the age of eighteen (18) are considered juvenile workers. Suppliers are required to follow all Applicable Laws related to juvenile workers, including that they shall not perform hazardous work that may jeopardize their health or safety.
Pregnancy or HIV test, or birth control, shall not be required as a condition of employment.
Suppliers shall only use legally recognized employment agencies with a current license to hire Migrant Workers. Supplier shall have a written contract with the employment agency incorporating all the principles of responsible recruitment, including the prohibition of Migrant Worker paid recruitment fees and related costs. Suppliers must ensure that all foreign Migrant Workers are in the country legally and have valid work permits.
Supplier shall pay all fees related to the hiring of Migrant Workers. Migrant Workers shall not pay any fees, whether to the Supplier or any employment agency, in their home country or destination country, for the purpose of being hired or as a condition of employment. No deposits may be held by the Supplier or the employment agency. If it is discovered that the Migrant Worker has paid recruitment fees, these fees are to be reimbursed by the Supplier within a reasonable time.
Employees shall be provided with an Employment Contract in their home country, in their local language, that outlines all the terms of employment. Contracts shall specify rights with regards to payment of wages, work hours and overtime, annual and sick leave, medical insurance and benefits, retention of identify documents, specific job responsibilities, housing and accommodation provided, and other such issues related to their employment. This contract must be signed before the Employee leaves their home country. Terms of the Employment Contract signed in the home country cannot be changed in the destination country without the expressed written consent of both parties.
Employees shall maintain possession and control of their personal identity, passport, or travel documents.
Employees’ freedom of movement shall not be restricted. Migrant Employees shall not be subject to threats of termination or deportation. Migrant Workers shall be free to return to their home country, in accordance with Applicable Law. Suppliers shall ensure the safe return of foreign Migrant Workers at the expiry of the Worker’s contract.
Employee terminations must be in full compliance of all Applicable Laws and copies of the termination records must be maintained for a minimum of one (1) year.
Final payment to terminated Employees must be completed within the appropriate time frame per Applicable Law.
Wages & Compensation
Wages & Benefits
Supplier shall maintain accurate payroll and production records to ensure that Employee wages can be accurately calculated.
Employees shall be paid at least the legal minimum wage for regular work hours. All overtime hours worked by the Employee must be paid in accordance with Applicable Law. Employees shall receive all legally required benefits as per Applicable Law.
Wages shall be paid a minimum of monthly. Wages shall be paid directly to the Employee, whether in person or to an Employee controlled account, and the employee shall receive an itemized wage statement, in their local language, indicating the pay period, wages earned for the pay period, rate of pay for regular and overtime hours, and any deductions required by law or for Employee benefits. There should be no late payment of wages.
Unless allowed by Applicable Law, there should be no deductions. Suppliers shall not withhold or engage in illegal deductions or deposits, particularly as a means of punishment, to recover costs associated with their manufacturing processes, the recruitment process, or to prevent Employees from leaving their employment.
Suppliers shall maintain complete and accurate time records. No time records shall be changed without the Employee’s written verification.
Employees combined regular and overtime hours shall not exceed sixty (60) hours per week. All overtime hours must be voluntary, and Supplier must maintain sufficient records to show Employee’s approval of overtime prior to their shift. Employees must be allowed to refuse overtime without punishment, penalty, or disciplinary action.
Employees shall be informed of overtime policies and processes prior to employment. All overtime is voluntary on the part of the Employee.
Employees shall receive rest breaks during and between shifts as required by Applicable Law. For vulnerable categories, such as pregnant workers, juvenile workers, elderly or disabled workers), Supplier will provide appropriate breaks as required by Applicable Law.
At least one day off every 7 working days is required for all Employees, including office staff, production workers, security staff, cleaning staff, and canteen staff.
Fair & Ethical Treatment of Workers
All employees shall work on a voluntary basis and not subject to any form of exploitation.
All employees should be treated with dignity and respect. Harassment of any kind, whether physical, sexual, verbal abuse, mental abuse, coercion or threats, corporal punishment, or other such abuses, is strictly prohibited (Zero Tolerance).
Supplier shall have established written policies to address and prevent workplace violence. Suppliers should communicate the policy to all personnel in the workplace.
Supplier shall have written disciplinary policies and procedures and shall maintain records of any disciplinary actions for all employees. Monetary fines are prohibited.
Supplier should establish written policies governing freedom of association and collective bargaining. Employees shall be allowed to join trade unions or worker organizations of their choosing and participate in collective bargaining. Suppliers must consult with Employees through trade unions or other elected representatives when making workplace decisions that may seriously affect the Employees.
Supplier shall establish and participate in a functional grievance system for persons who may be negatively impacted by their business practices. The grievance mechanism should include a defined process for receiving, assessing, investigating, and resolving grievances. It should include anonymous channels for reporting, confidentiality for victims, and a no-retaliation policy to protect Employees who report grievances.
Health & Safety
Suppliers shall maintain applicable building and construction permits, licenses, and / or certifications. Supplier must obtain an occupancy certificate from the local fire service / authority which must be updated if alterations occur to the structure(s) (e.g. erection of roof structures or extensions, conversion of building use, etc.).
Uniforms and appropriate personal protective equipment (PPE), if required, shall be provided at no cost to Employees. Personal protective equipment includes, but is not limited to face masks, eye protection, gloves, welding masks, hard hats, safety shoes, insulated clothing, and hearing protection.
Employees shall have unlimited and free access to toilet facilities. Adequate and clean toilet and hand-washing facilities shall be provided with running water and necessary supplies (i.e. toilet paper, soap, and drying facilities). Such facilities shall be well-lighted, ventilated, separated by gender, and each toilet shall have a privacy door. Housekeeping procedures shall be documented and kept available for review.
Employees shall have unlimited and free access to safe, potable drinking water. Suppliers shall conduct water quality tests for drinking water annually, or more frequently if required by Applicable Law.
Suppliers shall maintain and monitor lighting and noise levels, as required by law. Where lightening and / or noise levels depart from the legal limit, Suppliers shall comply with legally required remedial action (e.g., PPE, and soundproofing).
Suppliers shall train all employees in basic fire and emergency preparedness per local law and maintain a log of the training.
Suppliers shall assign emergency response personnel (e.g. first aid manager) that are certified and / or trained, and responsible for management of emergency and health and safety policies and procedures. Emergency response personnel shall be present at every shift, and easily identifiable by all employees in the event of an emergency.
Suppliers shall conduct evacuation drills (for fires and natural disasters) at least once every six months for all shifts and floors, including dormitories, and maintain documentation of the two most recent evacuation drills.
Emergency exits shall be clearly marked, free of any obstructions, unlocked and provided with signs understood by all Employees. Emergency exits shall open in the direction of travel with a single release. A minimum of two exits or exit doors shall be provided on every floor or any space greater than 450 m2 (or according to local law, whichever is more stringent) and be placed a distance apart, equal to or not less than ½ of the length of the maximum overall diagonal dimension of the building.
Suppliers shall ensure that emergency exists are unblocked and not locked at any time (Zero Tolerance). Systematic blocking of emergency exists and emergency exit routes by production materials or machinery is also considered a Zero Tolerance violation.
Emergency exit routes shall be clearly marked with direction of travel, free of any obstructions and well-lighted. Emergency exit routes shall lead to a safe assembly area. Emergency evacuation plans shall be posted along emergency exit pathways and entrances to stairs. Evacuation plans shall be accessible, shall have pictures or diagrams that reflect the facility’s layout accurately and contain the accurate location of the assembly point as well as a “You Are Here” mark. Evacuation plans should be in all languages understood by the employees.
Manual or automatic emergency alarm system shall be present in production, distribution and living areas. Manually operated emergency alarm shall be designated, accessible and clearly visible. Alarms shall have notification lighting in areas where the noise level is observed to be above ambient. Alarm signs shall be in any languages understood by employees or provided through pictures or diagrams. The emergency alarm system shall be tested annually by an approved contractor, or more frequently if required by law.
Suppliers shall have first aid kits with sufficient and unexpired supplies (including basic supplies such as bandages, pain relievers, anti-bacterial ointment, tourniquets, tape, etc.). Supplies must be accessible to all employees during all working hours.
There shall be an adequate number of employees trained for first aid for all shifts. Suppliers shall provide and maintain first aid training records.
Suppliers shall have qualified medical professionals to administer medical care, as required by law. Suppliers shall provide accurate qualification records for all professionals.
Suppliers shall have a clinic and maintain complete medical records, as required by law.
The Supplier shall maintain a document with emergency procedures and numbers in the event of injury or accidents at each first aid location. Suppliers shall report, investigate, and maintain records of employee and facility accidents, as required by law.
Eye-wash stations and / or chemical showers shall be provided when required by law.
Suppliers shall have a valid fire license or acceptance letter from the local fire service authority and have it available for review.
Fire extinguishers shall be present, mounted, the appropriate type and size for the type of production, clearly marked, free of any obstructions, and be inspected monthly.
Flammable and combustible materials should be stored in a safe location with proper controls and appropriate warning signs (e.g. “No Smoking” Signs).
Suppliers shall maintain all legally required fire suppression systems, such as a sprinklers or fire hydrants. Fire suppression systems shall have quarterly inspection tags and be inspected annually by a licensed third-party, or more often as required by law.
Where applicable, Suppliers shall maintain adequate water supply for fire suppression systems. The water supply shall be stored in a suction tank, elevated tank, or reservoir. Suppliers should monitor and inspect water supply level monthly for sufficiency.
Electrical panels, wiring, and outlets shall be inspected at least monthly, and shall not be damaged, have exposed wires, or pose a trip or electrocution hazard. All electrical outlets must have inner covers.
Electrical panels shall be labeled with proper signage, in any language used by Employees, mentioning electrical warnings and maximum voltage handled. To prevent overloading, extension cords shall not be used instead of wall outlets for permanent electrical installations.
Suppliers shall provide electrical safety equipment to employees working around high voltage electrical hazards, including electrical safety matting, insulated tools, etc.
Supplier shall train employees on the importance of wearing proper protective clothing (including proper footwear) and use of specialized equipment to protect against electrical hazards.
Suppliers should have a certified electrician (with a valid license) to perform all electrical work at the factory and its related facilities (dormitory, canteen, and childcare). Suppliers shall keep an up-to-date copy of the certified electrician’s license.
A lightning protection system (LPS) shall be installed in the premises as protection from lightning strikes.
Suppliers shall establish and implement a policy governing the correct identification, labeling, maintenance, storage, use, of chemicals and / or hazardous materials, including Emergency Management Systems (EMS). Suppliers shall train employees at all levels on how to follow and implement the supplier's chemicals and hazardous materials policy.
Suppliers shall provide specialized training to relevant employees on how to safely handle chemicals and hazardous materials. Only trained and authorized employees shall handle chemicals and hazardous materials.
Suppliers shall maintain complete Material Safety Data Sheets (MSDS) in compliance with established policies and procedures. Suppliers shall post MSDS in chemical use or storage areas in a language(s) understood by all employees.
A functioning eye wash station shall be present and located at proper distance, as required according to MSDS. Chemical showers shall be present for facilities where employees risk partial or full body contact with chemicals.
Suppliers shall store hazardous materials in a safe and secure manner. Hazardous materials should be stored separately from the production area and other facilitates (e.g. childcare, dormitories and canteen), away from sources of ignition and emergency exit pathways, in a separate/ designated chemical storage area. Suppliers shall have a secondary containment system (considering 110% of actual volume) in place in case of chemical spills.
Suppliers should maintain and keep current all necessary permits, licenses and / or certifications, as applicable, for forklifts, boilers, generators, lifts (elevators), compressors, industrial refrigerators, and other such machinery.
Suppliers shall also maintain copies of valid operator licenses for employees or contractors responsible for operating heavy machinery.
Suppliers shall establish a policy governing identification and maintenance of safety guards and emergency stops for machinery. Supplier is to track and record the ongoing maintenance plan of each machine.
Suppliers shall communicate and train employees at all levels on the Supplier's equipment safety policy.
Suppliers shall maintain emergency safety equipment and inspection records, specifically for forklifts, boilers, generators, lifts (elevators), compressors, and industrial refrigerators. Emergency safety equipment should be regularly inspected to ensure proper functioning.
Suppliers must fully comply with all local environmental laws and regulations and shall conduct their operations in a way that conserves natural resources. All waste materials and production by-products must be disposed of legally and in an environmentally responsible manner. Suppliers shall establish an environmental management system that ensures compliance with Applicable Laws and mitigates the environmental impact of their operations. It should address chemical, waste, wastewater, air and noise pollution, and other significant environmental impacts.
Supplier shall maintain all required environmental permits, licenses, approvals, and / or certifications (e.g. Environmental Impact Assessment) and their operational and reporting requirements are to be followed.
Chemical and other materials posing a hazard if released to the environment are to be identified and managed to ensure their safe handling, movement, storage, recycling or reuse and disposal. Records of hazardous materials disposition shall be maintained.
Wastewater and solid waste generated from operations, industrial processes and sanitation facilities are to be monitored, controlled, and treated as required prior to discharge or disposal. Records of effluent monitoring shall be retained for comparison to permitted discharge levels.
Air emissions of volatile organic chemicals, aerosols, corrosives, particulates, ozone depleting chemicals and combustion by-products generated from operations are to be characterized, monitored, controlled, and treated as required prior to discharge. Records of air monitoring shall be retained for comparison to permitted emission levels.
Dormitory, Childcare & Canteen Facilities
Suppliers shall maintain accurate, valid, up-to-date dormitory, childcare, and canteen health and safety permits, licenses and / or certifications, and facilities as required by law.
Dormitories, childcare facilities, and canteens shall be in an area separate from production, storage, and distribution areas, shall maintain clean / sanitary conditions (e.g. no open sewage, vermin, or insects), and shall comply with all Applicable Laws.
Emergency precautions for fire extinguishers, emergency alarms, emergency exits and lighting, evacuation pathways and plans, training drills, electrical safety guidelines, and first aid kit shall equally apply at the dormitory, canteen, and childcare facilities. The emergency alarm system shall be tested annually by an approved contractor.
Dormitories shall provide personal storage with locks for safe keeping to dormitory occupants.
Suppliers shall ensure there is sufficient space for occupants in dormitories and avoid over-crowding. The estimated number of persons in dormitory or dormitory rooms shall be in accordance with local regulations and shall not exceed the number reported by Supplier or maximum occupancy posted near entrance.
Employees in dormitories shall have access to sanitary food preparation or eating areas, potable water, hot water, toilets and sleeping quarters segregated by gender.
Sleeping areas for unmarried Employees shall be separated by gender.
Employees shall be free to leave the Facility grounds during non-working hours. Where curfews apply and are allowed by law, Employees shall be notified of the curfew and instructed on safety risks in and around Employee housing. Foreign or migrant Employees shall not be subject to lock-in / lock-out policies.
Quality is of utmost importance to GEN3 as our Customers rely on us providing the utmost in quality that has been tested to all applicable standards. All Suppliers will undergo a Good Manufacturing Process (GMP) audit following internationally recognized quality standards.
Suppliers shall implement a comprehensive Quality Management System (QMS) that formalizes and documents processes, procedures, and responsibilities for achieving quality policies and objectives. The policy must coordinate and direct the Supplier’s activities to meet customer and regulatory requirements and improve its effectiveness and efficiency on a continual basis. The Quality Management System should include, at a minimum, the following areas:
- Quality Objectives
- Quality Manual
- Organization Structure and Responsibilities
- Design Controls
- Material Controls
- Production & Process Controls
- Records, Documents and Change Controls
- Corrective and Preventative Actions
- Facility and Equipment Controls
- Product Testing & Validation
GEN3 will place its own Quality Control personnel in every Factory to help monitor both production and the Factory’s Quality Management System to ensure the proper procedures are followed and maintained. The QC personnel will also conduct inline inspections and testing, following AQL standards, and work with the factory on any non-conformances discovered. The GEN3 Quality Control team does not replace the Factory’s own Quality team but is an extra level of assurance that proper QC processes are being followed.
Before the launch of any new product, and at a minimum of an annual basis, every major product will undergo independent third-party testing to the appropriate standard(s) in the country or countries of sale. Samples for testing will be pulled randomly from the Factory and send to the third-party lab for full testing. Suppliers are expected to comply with all requests for true production samples, that will be pulled by the GEN3 Quality Control staff and sent to the lab for testing. Products will not be sold in any market until an appropriate passing test report is achieved, and each product will undergo a minimum of an annual test to re-confirm conformance.
Should the test result in any non-conformances, the Supplier will need to complete a detailed Corrective Action Plan (CAP), including a root cause analysis of the non-conformance, and submit it to GEN3 Quality Control for review and approval. The CAP must include a timeline for rectifying the non-conformance. GEN3 then works with the Supplier on addressing the non-conformance over a reasonable time frame until it is resolved. Once resolved, new production samples will be pulled, and the product will be retested.
Suppliers are to implement basic security measures based on the Customs-Trade Partnership Against Terrorism (CTPAT) security guidelines issued by the US Customs and Border Protection Agency (CBP) and the Authorized Economic Operators (AEO) guidelines issued by the European Commission
Supplier should have all security procedures documented and applicable personnel trained in those procedures, including but not limited to:
- Personnel Security – Hiring Policies
- Personnel Security – Business Partner Requirements
- Physical Security – Access Controls
- Physical Security – Facility Access
- Procedural Security - Documentation
- Procedural Security – Risk Assessments
- Procedural Security – Conveyance Security
- Procedural Security – Seal Control
- Training & Security Awareness
- Information Technology Security
Consequences of Code Violations
Zero Tolerance (ZT) Violations
GEN3 considers certain situations to be unacceptable under any circumstances. These Zero Tolerance violations must cease immediately and addressed fully by the Supplier. Some examples of the ZT violations in this document are:
- Denial of Access (Auditor)
- Falsification of Records
- Attempted Bribery
- Child Labor
- Forced Labor (forced, indentured or prison labor)
- Debt Bondage
- Workplace Violence / Harassment
- Locker or Systematically Blocked Emergency Exits
- Unauthorized Subcontracting
- Unauthorized Home Working
Within 48 hours of notification to the Supplier of a ZT violation, a detailed Corrective Action Plan (CAP) addressing all violations shall be submitted to GEN3 for review and approval. The CAP must include a timeline for rectifying the ZT violations. GEN3 will approve or reject the CAP at its own discretion. Rejection of the CAP may result in termination of the business relationship with the Supplier.
Within 48 hours of notification to the other violations, a detailed Corrective Action Plan (CAP) addressing all violations shall be submitted to GEN3 for review and approval. The CAP must include a timeline for rectifying the violations. GEN3 then works with the Supplier on addressing the violations over a reasonable time frame until full compliance is achieved. If continuous improvement and eventual full compliance are not achieved within a reasonable time frame, GEN3 may terminate the business relationship with the supplier.
It is important to GEN3 that our Suppliers understand the Code of Conduct and implement the appropriate policies and procedures to be compliant with the Code. For any additional questions, please email Compliance@GEN3ride.com.
GEN3 Mobility LLC (“GEN3”) is a fast-paced, vibrant, and design-centric organization supplying electric mobility products to the largest retailers in the world. GEN3 is committed to designing, developing, manufacturing, and selling quality products that are produced under ethical conditions that protect worker rights and safety. Derived from the policies, standards, and conventions of the United Nations (UN) and the International Labor Organization (ILO), as well as other leading independent standards, the GEN3 Code of Conduct defines requirements that partner factories must meet, and these requirements ensure that worker rights, safety, and security are maintained. Practices related to human trafficking, physical or verbal abuse, sexual abuse, restricted freedom of movement, passport and personal document control, excessive or forced overtime, child or prison labor, failure to pay adequate minimum or overtime wages, and many other aspects related to worker welfare are all addressed in the Code of Conduct. Our Compliance program is an extensive program of internal, third-party, and customer-driven audits and training programs at our partner factories that ensure that product and social compliance issues are reviewed and addressed throughout our supply chain.
It should also be noted that GEN3 fully complies with the California Transparency in Supply Chains Act (SB657), which seeks to eradicate slavery and human trafficking in the supply chain. Sub-suppliers are generally outside the scope of the audit program. The requirements of this Act cover the five major areas identified below. GEN3 is fully compliant with the Act and our ongoing efforts are described below:
GEN3 conducts internal and independent third-party risk assessments of our factories to identify risks related to human trafficking, slavery, and other labor issues, such as child and migrant labor. Risk Assessments are also based on an analysis on a country by country basis, with special emphasis on countries that pose an increased risk. This verification also involves audits of GEN3 partner factories. GEN3 auditors are constantly on-site at factory locations to review compliance status and to address any product or social compliance issues that may exist.
GEN3 conducts announced and unannounced audits, whether internal or through independent third-party audits for Customers, at all its partner factories to ensure that the factory does not violate any areas of the Code of Conduct, including the risk of human trafficking and slavery. GEN3 also accepts independent third-party audits following internationally recognized standards, such as Sedex Members Ethical Trade Audits (SMETA) and Business Social Compliance Initiative (BSCI) audits.
Direct suppliers to GEN3 are required to certify that the materials incorporated into our products comply with the local laws on slavery and human trafficking. In addition, GEN3 suppliers certify that the manufacturing process at their facility, and their sub-supplier’s facilities, does not involve any form of slavery or human trafficking.
- Internal Accountability
All GEN3 employees and contractors throughout the supply chain are held accountable to the GEN3’s standards on slavery and human trafficking. Employees, Vendors, and Contractors are required to reports any incident to the Compliance team. The Compliance team is committed to investigating all reported incidents. In addition, the Compliance team works with partner factories on the development and execution of Corrective Action Plans (CAPs) to address any violations to the Code of Conduct.
The GEN3 Compliance team is responsible for training all company employees regarding mitigating the risk of slavery and human trafficking throughout our supply chain. In addition, GEN3 conducts Supplier training with its partner factories to review product and social compliance issues, including issues related to slavery, human trafficking, child labor, prison labor, and other compliance issues.
For additional information regarding the GEN3’s program, please feel free to email Compliance@GEN3ride.com.
Updated April 1, 2021