Savic Motorcycles Production & Sales Agreement

Terms & Conditions


Documentation. Your Motor Vehicle Purchase Agreement (the “Agreement”) is made up of the following documents:

  1. Vehicle Configuration: The Vehicle Configuration describes the vehicle that you have configured and ordered, including the estimated Ride Away Price made up of the Factory Price, together with estimated On-Road Costs based on your registration location and;

  2. Final Tax Invoice: The Final Tax Invoice will be provided to you as your delivery date is confirmed. It will include your final Ride Away Price based on the Factory Price for your final Vehicle Configuration, together with On-Road Costs being registration costs, taxes, official or governmental fees and delivery fees, and any other usual on road costs.

  3. Terms & Conditions: These Terms & Conditions.


This Agreement comes into force when you place and we accept your order and make your Production Payment (the “Production Order Date”).  However, our obligation to deliver a Vehicle is conditional upon you paying the balance of the final Ride Away Price in accordance with this Agreement. 

 

Agreement to Purchase.

You agree to purchase the vehicle (the “Vehicle”) described in your Vehicle Configuration from Savic Motorcycles, Pty Ltd. (ACN 615 314 228) or its affiliate (“we,” “us” or “our”), for the Vehicle Price together with all On-Road Costs pursuant to the terms and conditions of this Agreement. Your Vehicle is priced and configured based on features and options available at the time of order and you can confirm availability with a Savic Motorcycle’s representative. Options, features or hardware released after you place your order may not be included in or available for your Vehicle.

 

Purchase Price, Taxes and Official Fees.

The purchase price of the Vehicle (“Vehicle Price”) is indicated in your Vehicle Configuration, together with an indicative Ride Away Price based on your selection and the other information you have provided. Because On–Road Costs depend on many factors, such as your registration address, vehicle usage and license plate type, the final Ride Away Price will be calculated closer to the time of delivery and indicated on your Final Tax Invoice. You will be responsible for paying the On-Road Costs in addition to the Vehicle Price, including any additional or increased taxes, costs and fees.  If the On-Road Costs are less than originally estimated, you will only have to pay the actual On-Road Costs.


Upon delivery of the Vehicle, you will pay to Savic Motorcycles all of the Final Ride Away Price, less any Production Payment paid as a deposit (and any other amount we have agreed to credit to your purchase). 


In the case of a new Vehicle, if at any time after this Agreement becomes binding on both parties but before delivery of the Vehicle to you, the cost of the Vehicle to Savic Motorcycles changes because there is a change in statutory charges which apply to the Vehicle, the Final Ride Away Price will be adjusted by the corresponding amount.

If price changes from Savic Motorcycles’ suppliers increases the cost of the new Vehicle to Savic Motorcycles, Savic Motorcycles is only entitled to pass on to you an increase of up to and including 5% of the Factory Price of the Vehicle, and that increase will not be more than the total increase of price changes for the components of your Vehicle.

 

Payment by cheque for all or part of the Total Purchase Price will not be considered to have been received by Savic Motorcycles until the cheque has been honoured.



Order Process; Changes:

After you submit your completed order and the options you selected become available in production, we will begin the process of matching your order to a vehicle and coordinating your Vehicle delivery.

Your Production Payment covers the cost of these activities and other processing costs and will be applied to the Final Ride Away Price. If purchasing a registered demonstrator from inventory, where applicable the existing registration will be transferred to you. Interstate purchases are subject to new on road costs for your location and registration type. Until your order is matched to a vehicle or Savic Motorcycles commences production of your Vehicle, you may make changes to your Vehicle Configuration. If you make changes to your Vehicle Configuration, you may be subject to potential price increases for any pricing adjustments made since your original Purchase Date. Any changes made by you to your Vehicle Configuration, including changes to the delivery location or estimated delivery date, will be reflected in a subsequent Vehicle Configuration, Factory Price and Ride Away Price that will then form part of this Agreement. Your Final Tax Invoice will include a credit to the final Ride Away price of your Vehicle equivalent to the amount of the Initial Payment, Deposit and Production Payments you have paid. These rights are in addition to your statutory cooling off rights.

 

Delivery. 


We will notify you of when we expect your Vehicle to be ready for collection from the nearest Savic Motorcycles location. You agree to schedule and take delivery of your Vehicle within 7 days of this date. If you are unable to take delivery within the specified period, we will have to charge a storage fee of $10 per day until you are ready to take delivery of your Vehicle. Savic Motorcycles may, in its sole discretion, rescind the sale of the Vehicle should the Customer not take delivery of the Vehicle in 7 days of Savic Motorcycles notifying the customer that the Vehicle is available for delivery. If you have chosen to have your motorcycle delivered, delivery will be coordinating to you via a third party official Savic Motorcycles partner Motorcycle courier and you agree that delivery of the Vehicle, including the transfer of title and risk of loss to you, will occur at the time your Vehicle is loaded onto the Motorcycle courier’s transport (i.e., FOB shipping point). In that event, you are required to pay for the Vehicle in full (including shipping and insurance costs) before delivery by Savic Motorcycles to the courier.  The Motorcycle courier will insure your Vehicle while in transit and you will be the beneficiary of any claims for damage to the vehicle or losses occurring while the vehicle is in the possession of the Motorcycle courier.

 

The estimated delivery date of your Vehicle, if provided, is only an estimate as we do not guarantee when your Vehicle will be delivered. Your actual delivery date is dependent on many factors, including your Vehicle’s configuration and manufacturing and parts availability. To secure your final payment and performance under the terms of this Agreement, we retain ownership of the Vehicle until it is paid for in full.

 

Warranty. 


You will receive the Savic Motorcycles New Vehicle Limited Warranty at the time of Vehicle delivery or pick up as a part of your Owners Manual. You may also obtain a written copy of your warranty from us upon request. The warranty of your Vehicle is only valid in Australia (the “Home Jurisdiction”) and will not apply in any circumstance outside of the Home Jurisdiction. Should a problem arise with your Vehicle outside of the Home Jurisdiction and warranty service is required, you will bear 100% of the cost of returning the Vehicle to the Home Jurisdiction for service. Any Vehicle presented for service outside its original jurisdiction of homologation will be at the sole cost and expense of the customer.

 

Limitation of Liability.


We accept liability to you for our breach of contract or negligence under the principles applied by the courts and for breach of any non-excludable rights under Australian Consumer Law but, to the maximum extent permitted by law, we are not liable for any incidental, special or consequential damages arising out of this Agreement and subject to your rights under the Australian Consumer Law, your sole and exclusive remedy under this Agreement prior to delivery of the Vehicle to you will be limited to either the right to have us perform this Agreement and deliver the Vehicle, or reimbursement of your Order Payment and other payments made by you to us.

 

No Resellers; Discontinuation. 


Savic Motorcycles and its aliates sell Motorcycles directly to end-consumers, and we may unilaterally cancel any order that we believe has been made with a view toward unauthorised resale of the Vehicle or that has otherwise been made in bad faith or resulting from a misrepresentation to us. We may also cancel your order and refund your Initial Payment, Deposit and Production Payment if we discontinue a product, feature or option after the time you place your order or if we determine on reasonable grounds that you are acting in bad faith.


Customisation

Both Savic Motorcycles and the Customer acknowledge by signing this Clause in the space provided below that the Vehicle may be of unusual design or combines unusual options that have been selected by the Customer and waives their right to recission.

 

Export/Import. 


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 the Home Jurisdiction. This means, among other things, that we will not 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.


Governing Law; Integration; Assignment.


The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State in which we are licensed to sell motor vehicles that are nearest to your address indicated on your Vehicle Configuration. Prior agreements, oral statements, negotiations, communications or representations about the Vehicle sold under this Agreement are superseded by this Agreement. Terms relating to the purchase not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our aliated entities.

State Specific Provisions. 


You acknowledge that you have read and understand the provisions applicable to you in the State Specific Provisions attachment to this Agreement.

 

This Agreement is entered into and eective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.

 

Rights Under Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.


Statutory Warranties and Other Rights


The benefits conferred by this agreement and by our warranty, if any, are in addition to all other rights and remedies in respect of the Vehicle which the purchaser has under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any other Commonwealth, State and Territory laws, and which cannot be, or have not been excluded or amended by this Agreement.

Note: The parties to this agreement may include other conditions if those conditions do not reduce the rights given to either party by or under the Motor Motorcycle Traders Act 1986.


Cooling Off Right


If the Customer is entitled and duly elects to terminate this Agreement under the Cooling Off Right, the Customer is liable to Savic Motorcycles for any damage to the Vehicle while it was in the customers possession, other than fair wear and tear. The Customer (if the customer has accepted delivery of the Vehicle before termination) must return the Vehicle to Savic Motorcycles unless the Customer is not able to return it because of a defect in the Vehicle not caused by the customer that rendered the Vehicle incapable of being ridden or unroadworthy in which case the Customer must permit, and Savic Motorcycles must arrange for, the collection of the Vehicle.

  

Formation


The signing of this Agreement by you means an oer has been made to the purchase the Vehicle on the terms and conditions stated in this Agreement. No oer is made unless you have been provided with a copy of this Agreement at the time it is signed by you.


 Your offer is accepted by Savic Motorcycles when:

 

  • the Agreement is signed by Savic Motorcycles or a person authorised by Savic Motorcycles; and

  • notice of that acceptance is given to you.

 

 This Agreement will then be binding on both parties.

 

Your offer may be withdrawn by you by notice in writing to Savic Motorcycles any time before it is accepted by Savic Motorcycles. If you have not been informed of acceptance by the close of business on the next normal business day for Savic Motorcycles after you have signed it, contact Savic Motorcycles to ensure that a communication has not been misdirected.

 

Finance


Where this Agreement is subject to you obtaining the finance, the Agreement is condition upon you obtaining approval for the granting of a loan:

 

  • within the latest time stated in the Agreement;

  • of the amount stated in the Agreement;

  • from the Lender named in the Agreement (or a lender acceptable to you); and

  • upon reasonable terms and conditions.

 

You agree to take all reasonable steps towards obtaining loan approval.

If you have taken all reasonable steps towards obtaining loan approval, but do not obtain approval, then either you or Savic Motorcycles may terminate this Agreement by giving Notice to the other party. Savic Motorcycles must immediately refund any deposit paid and return any trade-in Vehicle to you.

 

Passing of Property and Risk in the Vehicle


Savic Motorcycles remains the owner of the Vehicle until the Total Purchase Price has been received in full by Savic Motorcycles. Risk in the Vehicle and the responsibility to ensure the Vehicle will pass from Savic Motorcycles to you when the Vehicle is delivered by Savic Motorcycles to you (or the Motorcycle courier, if relevant), unless you and Savic Motorcycles agrees to some other arrangement and include it as a Special Condition of this Agreement. This applies whether delivery occurs at the Savic Motorcycles’ Premises or any other location.

 

Termination.

 

Where this agreement is lawfully terminated by us due to a breach of this Agreement by you then:

  • You shall forfeit the amount stated in this agreement to us provided that amount does not exceed 5% of the total purchase price;

  • Where an amount has been paid towards the Purchase Pricee and that amount exceeds the forfeitable amount then we shall refund to you so much of the amount paid that exceeds the forfeitable amount; 

  • Where this agreement is lawfully terminated by you due to a breach of this agreement by us then we shall refund to you all money paid by or on your behalf.

  • Where this agreement is lawfully terminated by either you or us for any reason other than a breach of this agreement then we shall refund to you all money paid by or on your behalf.

  • Where either you or we wish to terminate this agreement in accordance with this clause you or we must give written notice to the other party of the decision to terminate.

 

Nothing in this clause aects the rights and duties conferred by section 43 of the Motor Car Traders Act 1986 (Vic) or regulation 11 of the Motor Motorcycle Traders Regulations 2008 (Vic) (or any equivalent or similar provision under the Governing Law.


Buyers Right to Terminate This Agreement


You may terminate this Agreement if Savic Motorcycles has, prior to delivery of the Vehicle, breached in a fundamental manner any of the obligations imposed on Savic Motorcycles by this Agreement. If this Agreement is validly terminated by you, Savic Motorcycles must immediately refund any deposit and other money paid by you.
 

Savic Motorcycle’s Right to Terminate This Agreement


Savic Motorcycles may terminate this Agreement if you have breached any of the obligations imposed on you by this Agreement. If this Agreement is validly terminated by Savic Motorcycles, Savic Motorcycles may seek an amount up to, but not exceeding, 15% of the Total Purchase Price of the Vehicle as pre-estimated liquidated damages. Any deposit paid by you may be used by Savic Motorcycles to meet the pre-estimated liquidated damages payable by you. Any surplus will be refunded to you.

 

Notice

All Notices required by this Agreement may be given by direct communication, telephone, electronically, fax or post to Savic Motorcycles, 19 Stanley St, West Melbourne 3003, Victoria.


If sent by post, a Notice will be considered to have been received unless the contrary is shown, at the time when the Notice would have been delivered in the ordinary course of the post.


Privacy Statement


Savic Motorcycles Pty Ltd (ABN 91 615 314 228) trading as Savic Motorcycles is bound by the Australian Privacy Principles (APPs) under the Privacy Act 1988. 


The personal information in this Production and Sales Agreement is to be collected and recorded by Savic Motorcycles. Savic Motorcycles will use this information to facilitate the sale and delivery of the Vehicle under this Agreement, and to meet the requirements of government authorities and third party suppliers associated with the supply of the Vehicle and related goods and services. Related services will include the provision of warranty and servicing for the vehicle and insurance and registration of the vehicle.


You are not required to provide us with your personal information. However, if you choose not to provide us with your personal information, we may not be able to fulfill the purpose(s) outlined above.


You can find further information on our privacy policy here: https://www.savicmotorcycles.com/privacy-policy 


If you have not opted-out, we may also use your personal information to provide you with information about new products, offers and customer events in accordance with our privacy policy. We will keep your personal information for only as long as is necessary to carry out the purpose(s) described above (unless we are permitted by law to hold the information for a longer period).


If in the event that you have your photograph taken by us at the time of delivery of your Vehicle, you consent to the use of that photograph by us for such promotional purposes as we deem appropriate, including posting the photograph on our Social Media pages, including but not limited to Facebook, Instagram (META), LinkedIn, Twitter, TikTok and the Savic Motorcycles website) and we acknowledge and agree that any such use in no way entitles you to any remuneration or compensation of any kind.