GENERAL TERMS AND CONDITION FOR ONLINE QUOTING (UBCO BIKES)
These General Terms and Conditions of Purchase (“Terms”) apply between Ubco Bikes (“Ubco”), and you (“the Customer”) and govern the request of a quote for any Products you make from Ubco through the Website or otherwise. By requesting a quote for Products you are deemed to have read and agreed to be bound by these Terms.
Ubco reserves the right to amend these Terms from time to time. Amendments will be effective immediately upon being placed on the Website. Any quote for Products following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms as amended. Such amendments may include replacing these Terms with entirely new Terms.
3. QUOTE ORDERS AND DELIVERY
(a) A new quote may be generated from the Website or by contacting an Ubco representative or authorised dealer.
(b) No quote request will be binding upon Ubco.
(c) All Products displayed on the Website are subject to availability. Ubco does not guarantee that Products shown on the Website are in stock and available to order.
(d) Upon receiving a quote request Ubco will send your order through to your closest authorised dealer, and they will finalise the purchase and a delivery time with you, dependent on their schedule.
(e) You are not bound by any quote request you make until you have finalised the purchase with your local authorised dealer.
(f) Ubco, and their authorised dealers will use all reasonable endeavours to dispatch orders to meet the agreed delivery date but will be under no liability to the Customer for any delay or failure to make delivery of the Products.
(g) Products will be delivered to the closest authorised Ubco dealer (as determined by Ubco) to the Customer’s nominated location. If required, products will be assembled by the dealer at which point the Customer may then either collect the Products from such dealer or request the dealer to arrange delivery to the Customer’s address, with freight to be charged to the Customer.
(h) Risk in the Products will pass on delivery.
(i) In requesting a quote you will be required to supply certain personal information such as your name, email address, delivery address and other information as specified on the Website. Although Ubco will take all reasonable steps to protect your personal information supplied, Ubco cannot guarantee the complete security of any data you disclose online. You accept the inherent risk of providing personal information and using the Website.
4. PRICES AND PAYMENT
(a) Prices for the Products are in NZD. All prices are provided for indicative pricing only. Pricing may vary due to dealer or legislative requirements relevant to the state or territory.
(b) Payment for all Products to be supplied by Ubco and/or their authorised dealers to the Customer must be made in full prior to dispatch unless credit terms have been agreed with Ubco.
5. TITLE RETENTION
(a) Retention of Title: Authorised Ubco dealers retain title to, and all ownership rights and interest in, all Products delivered to the Customer until such time as title passes to the Customer. The Security Interest of Ubco and their dealers in the Products extends to and includes all proceeds derived from the Products.
(b) Passing of Title: Title and ownership rights in the Products pass to and become vested in the Customer only at the point in time that Ubco or an authorised dealer has received payment in full in respect of all delivered Products. Until Ubco or the dealer receives such payment, Ubco’s Security Interest in the Products continues.
(a) Examination of the Products upon Delivery: The Customer must examine the Products immediately upon delivery and notify their dealer in writing within 5 days of delivery, of any defects in the Products which have or appear to have occurred during transportation together with details of the defects. Failure to provide such notice will discharge Ubco and the dealer from all liability in respect of all defective Products where such defects have occurred during transportation.
(b) Repair / Replace: Subject to compliance by the Customer with clause 6a Ubco or an authorised dealer will, in its sole discretion, repair or replace Products damaged or lost during transportation arranged by it.
7. PROPRIETARY RIGHTS
(a) All Proprietary Rights in the Products Held by Ubco: All intellectual property rights in the Products, including patents, trademarks, calculations, data, specifications, formulations, designs, drawings, papers, documents, procedures, and any other items, material or information whatsoever given to the Customer by Ubco or an authorised dealer relating to the Products is owned by Ubco and the supply of Products does not confer any right or licence upon the Customer to use, exploit or otherwise utilise any such intellectual property rights.
In relation to the service of notices under these Terms:
(a) any notice or other document must be in writing and will be deemed to have been duly given by:
(ii) post; or
(iii) by facsimile or email.
(b) A notice or document is taken to be received:
(i) if by delivery when it is delivered;
(ii) if sent by post, 5 Business Days after posting; and
(iii) if a facsimile or email, when transmitted to the correct facsimile number or email address of the recipient in its entirety without any notification of delayed or failed delivery
(a) Force Majeure: Neither Ubco or the Customer are liable for any breach or non-observance of any of these Terms if such breach results from or is caused by reason or on account of any circumstances beyond their control including (but without limitation) acts of God or the Government’s enemies, revolution, rebellion, insurrection, riots, civil commotion, strikes, lock-outs of workmen, embargoes, confiscation, expropriation, floods, natural disasters or any inevitable accident. A party shall not be entitled to claim relief under this clause if the failure was caused by a lack of funds of that party.(b) Severance: If any part or a provision of these Terms is judged invalid or unenforceable in a jurisdiction, it is severed for that jurisdiction and the remainder of these Terms will continue to operate.
(c) No Waiver: A provision or right under these Terms may not be waived except in writing signed by the party granting the waiver.
(d) Costs: The Customer must pay Ubco’s costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of Ubco’s rights, remedies and powers under these Terms.
In these Terms, unless the context otherwise requires:
“Business Day” means any day other than a Saturday, Sunday or public holiday in Australia.
“the Products” means the products Ubco agrees to supply you, including any spare parts.
“Price List” means the most recent price list and/or price for the Products as shown on the Website. Prices shown in the Price List are expressed in NZD, include GST and exclude shipping costs.
“User Manual” means the user manual for the Products that will accompany delivery of the Products.
“Website” means www.ubcobikes.com/nz
In these Terms, unless the context otherwise requires:
(a) reference to any party includes that party’s successors and permitted assigns, including any person taking by way of novation;
(b) words importing the singular include the plural (and vice versa) and words indicating a gender include every other gender;
(c) reference to any act, statute or statutory provision includes a reference to the statute or statutory provision as from time to time amended, extended or re-enacted;
(d) references to clauses are references to clauses in these General Terms and Conditions.
(e) references to $ or dollar is to NZ dollars;
(f) reference to a party, person or entity includes an individual, partnership, firm, company, and any other entity, whether or not incorporated and whether or not having a separate legal personality.