Your Build Slot Agreement (the “Agreement”) with Savic Motorcycles Pty Ltd (ACN 615 314 228) (“we,” “us” or “our”) is made up of the following documents:
Terms & Conditions:
These Terms & Conditions apply and are effective as of the date you make your first Payment, and we accept that payment (the “Initial Payment Date”). By making that payment, or by confirming and accepting this Agreement (including by electronic means), you agree to the terms and conditions of this Agreement.
Making an Initial Payment:
The Initial Payment is a non-binding expression of interest for the Vehicle, and its payment and this Agreement do not constitute an agreement by you to purchase, or by us, to sell the Vehicle (or any vehicle). The Initial Payment is not a deposit.
Upon making the Initial Payment, we will place you on our Initial Payment List, and will communicate with you about the availability of the Vehicle and consider entering into a Deposit Agreement with you.
While we intend to give customers on the Initial Payment List priority (in the order set out in the Initial Payment list) in the process of offering to enter into Deposit Agreements and purchasing vehicles, we are under no legal obligation to do so, and we have the discretion to enter into and fulfil orders with customers as, and in the order, we consider appropriate. If you do not enter into a Deposit Agreement when offered, you may lose priority to someone that enters into one before you, even if you remain on the Initial Payment List.
The Deposit Agreement, and any Production and Sale Contract resulting from it will be separate to this Agreement.
The Initial Payment will not be held separately, or in an escrow or trust account, and we will not pay interest on it. If you cancel your expression of interest in the Vehicle prior to entering into a Deposit Agreement, the Initial Payment Payment will be refunded to you in full.
Prices, Taxes and Official Fees:
At this stage, the final prices of vehicles have not been confirmed, and they may alter due to the final configuration of your Vehicle, manufacturing costs and other matters. Therefore, any indications of pricing given to you at this stage are only indications, and are not binding on either you or us. Our standard configuration of the Vehicle may also alter during the development and manufacturing process.
The price of the Vehicle will be confirmed in your Vehicle Configuration and Final Price Sheet at the time you enter into your formal Production and Sale Contract, following the Deposit stage.
Any price listed on the website includes an estimation of all taxes, government fees and GST but are subject to change prior to the Production and Sales Contract and Final Rideaway payment instalment. These taxes and fees are subject to change and will depend on many factors, such as where and when you take delivery of, or register the Vehicle, they will be calculated closer to the time of delivery and indicated on your Final Price Sheet provided in respect of your Production Agreement.
Order Process; Cancellation; Changes:
By making the Initial Payment, you will be an official Savic Motorcycles Initial Payment Customer. This entitles you to benefits and communications before proceeding to a Deposit Agreement and Vehicle order priority. Once you enter into a Deposit Agreement, the Initial Payment will be applied as a credit towards your Deposit, and ultimately your final Vehicle price if you enter into a Production and Sales Contract.
When we are ready to progress your Deposit Agreement, we will contact you and have you submit your completed Deposit details. After the options you select become available in production, we will invite you to complete the configuration of your Vehicle, and enter into a Production and Sales Contract. We will then issue you the Final Price Sheet based on the base price of the model and any options included or that you select. Until your Final Price Sheet is issued, and you and we enter into a Production and Sales Contract, there will be no agreement to supply a Vehicle.
When you enter into the Deposit Agreement, you may make changes to your Vehicle Configuration from any details set out in your Initial Payment Form. While the pricing at the time of this Initial Payment Agreement is not fixed and may alter, any changes to the configuration are also likely to have an impact on pricing.
Limitation of Liability:
You agree that our only obligation under this Initial Payment Agreement is to consider, in our discretion, whether to enter into a Deposit Agreement with you, and subject to any non-excludable rights under Australian Consumer Law, your sole and exclusive remedy under or in respect of this Initial Payment Agreement will be for a refund of your Initial Payment.
This limitation does not apply to any Deposit Agreement or Production and Sale Contract once entered into (or the supply of any vehicle under them), which will be governed by the terms of those agreements.
No Resellers; Discontinuation; Cancellation:
Savic Motorcycles and its affiliates sell Motorcycles directly to end-consumers, and we may unilaterally cancel any Initial Payment Agreement that we believe has been made with a view toward resale of the Initial Payment or Vehicle or that has otherwise been made in bad faith. We may also cancel this Initial Payment and refund your Initial Payment if we discontinue or do not intend to offer your selected product, feature or option, or determine that we do not wish to offer you a Deposit Agreement for any reason.
We do not provide any assistance or support with respect to the export, transportation, logistics, homologation or registration of any of our vehicles to any jurisdiction outside of Australia. This means, among other things, that we will not be required to provide any documents, test reports, certifications or any other correspondence regarding the status of any of our vehicles for purposes of facilitating any export or import outside authorised Savic Motorcycles channels.
Entry into this Initial Payment Agreement does not constitute an offer or representation that we will do any of those things.
Governing Law; Assignment:
The terms of this Agreement are governed by, and to be interpreted according to, the laws of Victoria, and the parties agree to the exclusive jurisdiction of the courts of that State. Prior agreements, oral statements, negotiations, communications or representations about the Initial Payment covered by this Agreement or the supply of the Vehicle to which it relates are superseded by this Agreement. Any terms or representations relating to the build slot or Vehicle not expressly contained herein are negated and are not binding. We may assign this Agreement to, or perform it through one of our affiliated entities at our discretion.
This Initial Payment Agreement is not assignable by you, but we may, in our discretion, agree to enter into discussions about a Deposit Agreement with a person nominated by you, and at your request apply your Initial Payment t to any such agreement.
This agreement may be terminated by either you or us without cause by notice in writing to the other, prior to entry into a Deposit Agreement and upon such notice we will refund the Initial Payment to you.