Your Deposit 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 Deposit Payment, and we accept that payment (the “Deposit 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 a Deposit Payment:
The Deposit Payment is a non-binding instalment 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).
Upon making the Deposit Payment, we will communicate with you about the availability of the Vehicle and consider entering into a Production and Sales Contract with you.
While we intend to give customers on the Production Schedule priority (in the order set out in the Initial Payment list and provided they pay a Deposit when requested) in the process of offering to enter into Production and Sales Contracts, and final purchasing of 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.
The Production and Sales Contract, and any purchase contract resulting from it will be separate to this Agreement.
The Deposit 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 Deposit for the Vehicle prior to
entering into a Production and Sales Contract, the Deposit 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, and 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 Sales 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:
Once you progress into a Production and Sales Contract, the Deposit payment will be applied as a credit towards your final Vehicle price.
When we are ready to progress your Production and Sales Contract, we will contact you and have you submit your completed Production and Sales details. After the options you select become available in production, we will invite you to complete the configuration of your Vehicle, and finalise your 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 in a Production and Sales Contract, there will be no obligation to supply a Vehicle.
When you enter into the Production and Sales Contract, you may make changes to your Vehicle Configuration from any details set out in your Configurator Form. While the pricing at the time of this Deposit 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 Deposit Agreement is to consider, in our discretion, whether to enter into a Production and Sales Contract with you, and subject to any non-excludable rights under Australian Consumer Law, your sole and exclusive remedy under or in respect of this Deposit Agreement will be for a refund of your Deposit Payment.
This limitation does not apply to any Production and Sales Contract once entered into (or the supply of any vehicle under them), which will be governed by the terms of that agreement.
No Resellers; Discontinuation; Cancellation:
Savic Motorcycles and its affiliates sell Motorcycles directly to end-consumers, and we may unilaterally cancel any Deposit Agreement that we believe has been made with a view toward resale of the Initial Payment, Deposit or Vehicle or that has otherwise been made in bad faith. We may also cancel this Deposit Agreement and refund your Deposit 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 Production and Sales Contract 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 Deposit 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 Deposit covered by this Agreement or the supply of the Vehicle to which the Deposit relates are superseded by this Agreement. Any terms or representations relating to the Initial Payment, Production Schedule and 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 Deposit Agreement is not assignable by you, but we may, in our discretion, agree to enter into discussions about a Production and Sales Contract with a person
nominated by you, and at your request apply your Deposit Payment 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 Production and Sales Contract and upon such notice we will refund the Deposit Payment to you.