Terms of Service

1. Scope of Services

EBIKE ("we," "us," "our") provides OEM (Original Equipment Manufacturing) and ODM (Original Design Manufacturing) services for electric two-wheel vehicles and related accessories from our facility in Shenzhen, China. These Terms govern your use of our website (ems-ebike.com) and form the general framework for our business relationships.

Specific commercial terms — including product specifications, pricing, payment terms, delivery schedules, and warranty conditions — are defined in the Proforma Invoice (PI) or Sales Contract agreed upon between EBIKE and the buyer for each order. In case of conflict between these general Terms and a signed Sales Contract, the Sales Contract prevails.

2. Orders and Product Specifications

All orders are subject to written confirmation via Proforma Invoice issued by EBIKE. The PI constitutes a binding offer valid for 15 calendar days from the date of issue. An order becomes binding upon the buyer's signed acceptance of the PI and receipt of the agreed deposit payment by EBIKE. Product specifications, including motor power ratings, battery capacity, speed limits, dimensions, weight, and color, are as stated in the confirmed specification sheet attached to the PI.

EBIKE reserves the right to make minor specification changes that do not materially affect product performance or safety, provided the buyer is notified in writing at least 10 days before production begins. Buyers should review all specification sheets carefully before signing, as these documents define the exact product to be manufactured.

3. Pricing and Payment

All prices are quoted in US Dollars (USD) unless otherwise stated. Prices are FOB Shenzhen by default; CIF, CFR, and DDP terms are available upon request and will be explicitly stated in the PI. Prices are valid for the period stated in the PI (typically 15 days) and are subject to change thereafter due to raw material costs, exchange rate fluctuations, or component price changes.

Standard payment terms are 30% deposit with order confirmation, 70% balance before shipment release. Alternative payment structures (L/C, documents against payment, open account for established buyers) require prior written agreement. All bank charges, transfer fees, and letter of credit costs are borne by the buyer unless otherwise agreed in writing.

4. Intellectual Property

For OEM orders where the buyer provides branding, logos, designs, or specifications: the buyer retains all intellectual property rights in their provided materials and grants EBIKE a limited, non-exclusive license to use such materials solely for manufacturing the ordered products. The buyer warrants that their provided materials do not infringe third-party intellectual property rights and agrees to indemnify EBIKE against any claims arising from such infringement.

For ODM projects where EBIKE creates new designs or engineering solutions at the buyer's request: ownership of project-specific designs, tooling, and engineering work is detailed in the ODM agreement. Generally, buyer-funded tooling belongs to the buyer but remains at EBIKE's facility; buyer-funded designs created by EBIKE are assigned to the buyer upon full payment. EBIKE retains rights to its pre-existing platform designs, manufacturing processes, and generic components.

5. Limitation of Liability

EBIKE's liability for any claim arising from product defects is limited to the repair or replacement of the defective product, or at EBIKE's option, refund of the purchase price for the specific defective units. EBIKE shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of profits, business interruption, loss of reputation, or costs of substitute products.

EBIKE's total aggregate liability for any claim shall not exceed the total purchase price paid by the buyer for the specific order giving rise to the claim. The warranty period is 12 months from the date of bill of lading, covering manufacturing defects only and excluding normal wear parts (tires, brake pads, chains, grips), damage from misuse or improper maintenance, and damage from unauthorized modifications.

6. Force Majeure

EBIKE shall not be liable for delays or failure to perform caused by events beyond its reasonable control, including but not limited to: natural disasters, epidemics, war, terrorism, riots, government actions or trade restrictions, port congestion, shipping line delays, raw material shortages, factory closures by government order, or power and utility failures. In such events, EBIKE will notify the buyer within 7 days and provide a revised delivery estimate. If the force majeure event extends beyond 60 days, either party may terminate the affected order with a refund of any unapplied deposit.

7. Dispute Resolution

The parties shall first attempt to resolve any dispute through good-faith negotiation within 30 days of written notice of the dispute. If negotiation fails, the dispute shall be submitted to mediation administered by the Shenzhen Court of International Arbitration (SCIA). If mediation does not resolve the dispute within 45 days, either party may submit the dispute to binding arbitration at SCIA under its then-current arbitration rules.

The arbitration shall be conducted in English in Shenzhen, China. The arbitral award shall be final and binding. For buyers located outside China, disputes may alternatively be submitted to arbitration at the Singapore International Arbitration Centre (SIAC) by mutual written agreement. Each party bears its own legal costs unless the tribunal orders otherwise.

8. Governing Law

These Terms and all contracts formed under them shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall apply to the extent not excluded by these Terms.

9. Amendments

We reserve the right to update these Terms at any time. Changes to these Terms will be posted on this page with an updated "Last updated" date. Changes apply prospectively and do not affect orders confirmed before the change date. Continued use of the website after changes constitutes acceptance of the revised Terms. We encourage buyers to review these Terms periodically.

10. Contact

For questions about these Terms, contact us at: sales@ems-ebike.com. EBIKE, No. 88, XX Industrial Park, Bao'an District, Shenzhen, Guangdong 518100, China.