Motor Vehicle Order Agreement

Terms & Conditions

 Serial number:                                                To be assigned during final delivery planning.

Description of Vehicle:                                            To be assigned during final delivery planning.

Vehicle  Identification Number (VIN):               To be assigned during final delivery planning.

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

  1. Vehicle Configuration: The Vehicle Configuration describes the vehicle that you configured and ordered, including Drive Away pricing and on road costs based off your registration location and
  1. Final Tax Invoice: The Final Tax Invoice will be provided to you as your delivery date It will include final Drive Away pricing based on your final Vehicle Configuration, registration location and type and will include taxes, on-road costs and official or governmental fees. 
  1. Terms & Conditions: These Terms & Conditions are effective as of the date you place your order and make your Order Payment (the “Order Date”).

 

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”), 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 is indicated in your Vehicle  Configuration. This purchase price  lists an indicative Drive Away price based off your selection. Because on road costs are constantly changing and depend on many factors, such as your registration address, vehicle usage and license plate type, the final Drive Away price will be calculated closer to the time of delivery and indicated on your Final Tax Invoice. You will be responsible for paying these additional taxes, costs and fees.

 

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 Order Payment covers the cost of these activities and other processing costs and is not a deposit for the Vehicle. 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 Vehicle is registered in your name, you may cancel your order at any time, in which case you will receive a full refund of your Order Payment. Until your order is matched to a 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 Order 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 that will form part of this Agreement. Your Final Tax Invoice will include a credit to the final Drive Away price of your Vehicle equivalent to the amount of the Order Payment you paid. The Order Payment and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract. 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 delivery at your local Savic Motorcycles Delivery Centre, or other location as we may agree to. You agree to schedule and take delivery of your Vehicle within one week of this date. If you are unable to take delivery within the specified period, your vehicle may be made available for sale to other customers. If, on your behalf, we are coordinating the shipping of the Vehicle to you via a third party common Motorcycle courier, 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 common Motorcycle courier’s transport (i.e., FOB shipping point). 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 a common Motorcycle courier.

 

The estimated delivery date of your Vehicle, if provided, is only an estimate as we do not guarantee when your Vehicle will actually be delivered. Your actual delivery date is dependent on many factors, including your Vehicle’s configuration and manufacturing availability. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Vehicle and all proceeds therefrom until your obligations have been fulfilled.

 

Warranty. You will receive the Savic Motorcycles New Vehicle Limited Warranty at or prior to the time of Vehicle delivery or pick up. You may also obtain a written copy of your warranty from us upon request or download it from our website. 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 your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Order Payment.

 

No Resellers; Discontinuation. Savic Motorcycles and its affiliates sell Motorcycles directly to end-consumers, and we may unilaterally cancel any order that we believe has been made with a view toward resale of the Vehicle or that has otherwise been made in bad faith. We may also cancel your order and refund your Order Payment if we discontinue a product, feature or option after the time you place your order or if we determine that you are acting in bad faith.

 

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 is 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 affiliated 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 effective 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.

 

VICTORIA

 

IMPORTANT INFORMATION—YOUR RIGHT TO COOL OFF

Motor Motorcycle Traders Act 1986—section 43

 

Under section 43 of the Motor Motorcycle Traders Act 1986, if none of the exceptions listed below applies to you, you may end this contract within 3 clear business days of the day that you sign the contract.

 

To end the contract within this time, you must give us or our agent written notice that you are terminating the contract.

 

If you end the contract in this way, you are entitled to a refund of all the money you paid EXCEPT $100 or 1 per cent of the purchase price (whichever is greater).

EXCEPTIONS—the 3-day cooling-off period does not apply if— the vehicle being sold is a commercial vehicle; or

you are a motor car trader; or you are a body corporate; or

you accept delivery of the vehicle within the cooling-off period.

 

 

IF YOU CHOOSE TO ACCEPT DELIVERY OF THIS VEHICLE WITHIN THE COOLING-OFF PERIOD, YOU WILL AUTOMATICALLY LOSE YOUR RIGHT TO COOL OFF.

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 per cent of the total purchase price;
  • where an amount has been paid towards the purchase price 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
  • Where this agreement is lawfully terminated by either you or us due to clause l or for any reason other than a breach of this agreement then we shall refund to you all money paid by or on your
  • 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

 

Nothing in this clause affects the rights and duties conferred by section 43 of the Motor Car Traders Act 1986 or regulation 11 of the Motor Motorcycle Traders Regulations 2008.

Subject to finance

 

  • Where this agreement is subject to you obtaining finance, the agreement is conditional upon you obtaining finance approval:

 

  • within the time stated in this agreement;
  • of the amount stated in this agreement;
  • from the credit provider named in this agreement (or from a similar type of credit provider);
  • for the type of finance stated in this agreement;
  • upon reasonable terms and conditions in the

 

  • You agree to take all reasonable steps towards obtaining finance 
  • If you do not obtain finance approval then either the purchaser or the seller may terminate this agreement by giving notice to the other

 

Transfer to credit provider

Where requested by us, you shall transfer title to the Vehicle to our credit provider upon payment of the total purchase price to the seller.

 

Statutory Warranty under the Motor Motorcycle Traders Act 1986

 

Vehicles not more than 10 years old and that have been driven less than 160 000 km are automatically covered by a statutory warranty under section 54 of the Motor Motorcycle Traders Act 1986.

 

Is the Vehicle automatically covered by a statutory warranty under section 54 of the Motor Motorcycle Traders Act 1986?

X Yes

□ No

 

If the Vehicle is covered by the statutory warranty

We warrant that if a defect appears in the Vehicle before the end of the warranty period, we at our own expense—

  • will arrange for the Vehicle to be taken to a place where it can be repaired or made good; and
  • will repair or make good, or cause to be repaired or made good by another motor Motorcycle trader or by a qualified repairer, the defect, so as to place the Vehicle in a reasonable condition having regard to its

  

The warranty period is whichever of the following periods is shorter—

  • the period from when the Vehicle is delivered to the person buying it until it has been driven for a further 5000 kilometres; or
  • the period of 3 months from the day after the Vehicle is delivered to the person buying

 

 

The benefits to the consumer given by this statutory warranty are in addition to other rights and remedies of the consumer under the Australian Consumer Law.

 

If the Vehicle is not automatically covered by the statutory warranty

 

We do not have any obligation under the Motor Motorcycle Traders Act 1986 to repair or make good any defects after delivery. However, we may have other obligations under other legislation including the Australian Consumer Law.

 

Rights under the 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.

 

Non exclusion of 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.

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.

 

Trade-in 

Where the purchase of the Vehicle involves a trade-in vehicle (the “Trade-In Vehicle”), then the amount allowed for the trade-in (net trade-in allowance) shall be deducted from the total purchase price. The net trade-in allowance will be the amount allowed on the Trade-In Vehicle less any amount to be paid by Savic Motorcycles to discharge the interest of any other person in the Trade-In Vehicle.

The Trade-In Vehicle must be delivered your local Savic Motorcycles Service Center no later than the date of delivery of the Vehicle. If the Trade-In Vehicle is delivered after this date or is not in substantially the same condition as at the date of this Agreement, then the net trade-in allowance may be adjusted by an amount equal to the change in the fair market value of the Trade-In Vehicle between the date of this Agreement and the date of delivery to Savic Motorcycles.

Your interest in the Trade-In Vehicle shall pass to Savic Motorcycles upon the earlier of:

 

  1. when you accept delivery of the Vehicle; or

 

  1. when you have delivered the Trade-In Vehicle to Savic Motorcycles and Savic Motorcycles has paid the net trade-in allowance to you or acknowledged in writing that this amount has been credited towards the total purchase price of the

 

Savic Motorcycles shall not, without your prior written consent, sell or agree to sell the Trade-In Vehicle before delivery of the Vehicle to you. Where the amount allowed on the Trade-In Vehicle has been reduced by an amount to be paid by Savic Motorcycles to discharge the interest of any other person in the Trade-In Vehicle, Savic Motorcycles will pay this amount to the other person within 28 days of delivery of the Trade-In Vehicle to Savic Motorcycles.

We have the right, subject to applicable law, to sell the Trade-In Vehicle upon your execution of this Trade-In Annex / Tax Invoice, in addition to other rights your Purchase Agreement gives us. In the event you cancel your order for the Vehicle to be Purchased after we have sold the Trade-In Vehicle, in addition to the application of any relevant provisions of the Purchase Agreement, you will be refunded the Net Trade-In Value

 

NEW SOUTH WALES

 

YOUR STATUTORY COOLING OFF RIGHTS

You are signing a contract to buy the Vehicle. If finance for the purchase is being provided by us or we are arranging or facilitating the provision of credit through a linked credit provider, you make take advantage of the cooling off period. This is the period in which you may change your mind about buying the Vehicle and terminate the sales agreement.

You have the right to decide within one business day of signing the contract not to proceed with the purchase and to terminate the sale agreement. You may take this action up until the end of the cooling off period. The period ends at the end of the next business day after you sign the contract that we are open for business until 5pm. If we close before 5pm on the next day, the cooling off period ends at the close of business on the next day that we are open for business.

You may terminate the contract by giving a written notice to us. The notice may be signed by you or by your solicitor or barrister. You will not be able to take possession of the Vehicle during the cooling off period unless we agree. If we have agreed to let you take possession of the Vehicle during the cooling off period, you may still terminate the contract.

If you terminate the contract during the cooling off period, you will have to pay us $250 or 2% of the purchase price, whichever is the lesser amount. You will also be required to return the Vehicle if you have taken delivery of it.

 

NO COOLING OFF PERIOD

There is no cooling off period in respect of:

 

  • a sale by a motor dealer to another motor dealer, a financier or a motor vehicle recycler,
  • a sale at a bona fide auction,
  • a sale of a vehicle intended to be used predominantly for business or other commercial purposes, or
  • a sale where the provision of credit by a linked credit provider of the motor dealer to the purchaser is not arranged or facilitated by the motor

 

WAIVING YOUR COOLING OFF PERIOD

You may waive your right to a cooling off period. Should you waive your right to a cooling off period YOU WILL LOSE  YOUR RIGHT TO TERMINATE THE SALES AGREEMENT.

 

□ I wish to keep my right to a cooling off period

Buyer’s signature Date:

□ I wish to waive my right to a cooling off period

Buyer’s signature Date:

 

QUEENSLAND

 

We guarantee that you will have clear title to the Vehicle when property in the Vehicle passes to you.

 

COOLING OFF PERIOD

You have the right to decide within one business day of signing the contract not to proceed with the purchase and to terminate the agreement by giving us a written notice. You may take this action up until the end of the cooling off period. The period ends at the end of the next business day after you sign the contract that we are open for business until 5pm. If we close before 5pm on the next day, the cooling off period ends at the close of business on the next day that we are open for business.

If you terminate the contract during the cooling off period, you will have to pay us $100 or 2% of the purchase price, whichever is the lesser amount. You will also be required to return the Vehicle to us if you have taken delivery of it. If the transaction involves a Trade-In Vehicle and we have taken possession of it, we will return it to you.

 

WESTERN AUSTRALIA

 

Contracts for the sale of motor vehicles in Western Australia are regulated under the Motor Vehicles Dealers Act 1973 and the Motor Vehicle Dealers (Sales) Regulations 1974 which prescribe the following terms and conditions into this Agreement. Unless otherwise specified in this Agreement, capitalized terms below have the same meaning given to them under the Motor Vehicles Dealers Act 1973 and the Motor Vehicle Dealers (Sales) Regulations 1974.

To the extent of any inconsistency between this Agreement and the below prescribed terms and conditions, the latter shall prevail.

 

Formation

The signing of this Agreement by you means an offer has been made to the purchase the Vehicle on the terms and conditions stated in this Agreement. No offer 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 acceptance is given to

 

 This Agreement will then be binding on both parties.

 

Your offer may be withdrawn by you any time before it is accepted by Savic Motorcycles. It will automatically lapse at the close of business on the next normal business day for Savic Motorcycles.

 

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 in the

 

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

If you has 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.

 

The Purchase Price

Upon delivery of the Vehicle, you will pay to Savic Motorcycles all of the Total Purchase Price, less any deposit paid and any value given to the Trade-In Vehicle.

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 the manufacturer changes its price, or there is a change in statutory charges which apply to the Vehicle, the Total Purchase Price will be adjusted by the corresponding amount.

If the manufacturer 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 Total Factory Price of the Vehicle.

 

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

 

Delivery of the Vehicle

Savic Motorcycles will deliver the Vehicle to the Purchaser on or before the delivery date stated in this Agreement.

In the case of a new Vehicle, if a Delivery Date is not stated in this Agreement, Savic Motorcycles will deliver the Vehicle within three (3) months of this Agreement becoming binding on the parties.

In the case of a used Vehicle, if a Delivery Date is not stated in this Agreement, Savic Motorcycles will deliver the Vehicle within one (1) months of this Agreement becoming effective 

Delivery of the Vehicle to you will take place at Savic Motorcycles’s Premises, unless other arrangements are agreed to between you and Savic Motorcycles.

You will deliver any Trade-In Vehicle to Savic Motorcycles, and take delivery of the Vehicle, within seven (7) days of being notified by Savic Motorcycles that the Vehicle is ready for collection.

 

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 insure the Vehicle will pass from Savic Motorcycles to you when the Vehicle is delivered by Savic Motorcycles to you, 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’s Premises or any other location.

 

Trade-in Vehicle

You will deliver the Trade-In Vehicle with Accessories to Savic Motorcycles in the same condition the Trade-In Vehicle was in at the time it was valued by Savic Motorcycles for the purposes of this Agreement, excluding normal wear and tear.

 

Your right to terminate this Agreement

You may terminate this Agreement if Savic Motorcycles has breached 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 paid and return any Trade-In Vehicle to you. If, in the event the Trade-In Vehicle has been sold, the cash equivalent of the Trade-In Vehicle value determined at the commencement of the Agreement shall be refunded to you.

 

Savic Motorcycles’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, Level 2, 33 Herbert Street, St Leonards NSW 2065

 

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.