Preorder Terms and Conditions
Download the Preorder Terms & Conditions.
I. INTERPRETATION
- Adjusted Purchase Price refers to the price a Preorder Customer will pay for their Roadster at the time of delivery and is calculated as Purchase Price minus any referral fees, special offers etc.
- Buyer means a new purchaser of one of the Tiller Rides Roadsters.
- Current Delivery Date is the estimated date a preordered Roadster will be delivered to Preorder Customers; this date is stated on the website at time of order.
- Deposit is the initial payment to secure a preordered Roadster.
- Estimated Delivery Date is the estimated date that a preordered Roadsters will be available for delivery at the time of order.
- Introductory Offer refers to the limited-time special price of the Roadster.
- Features List refers to the list of features mentioned in these Terms and Conditions, §IX.
- Founding Riders refers to customers that have preordered a Roadster prior to 30 June 2022.
- Holding Account refers to the Tiller Rides Roadster Payment Holding Account, which is the account that will hold the Preorder Deposits until the Ship Date.
- Latest Delivery Date means the latest date by which a Preordered ‘Founders Edition’ Roadster must be delivered to a Buyer, after which a refund of payments can be made. The Latest Delivery date will be stated on the website at time of order.
- Launch Special means the offer of the ‘Founders’ Edition’ Roadster to Buyers at a reduced price and which will be delivered in the future.
- Major Change means a significant variation in the look or function of the Roadster.
- Novated Lease Approval Date is the date that a Tiller Rides Roadster becomes able to be purchased via a Novated Lease.
- Preorder Deposit is the amount of money paid upon order to secure a preorder Roadster.
- Preorder Customer refers to someone who has already preordered a Roadster
- Purchase Price refers to the price of a preordered Roadster at time of order. This will be displayed on the website at time of order.
- Referrer Fee means the fee that a Preorder Customer earns by referring a Buyer. The Referrer Fee is stated on the website. The total of Referral Fees is limited to the total cost of the Current Preorder Customer Roadster unless otherwise agreed.
- Referee Discount means the discount that a Buyer earns by being referred by a Preorder Customer.
- Referral Code means the code that each Buyer will receive to enable them to refer other interested people and so receive their Referral Fees.
- Referee means someone who has paid a deposit for a Roadster as a result of being referred by an existing buyer.
- Ride, Bike(s) or Bicycle(s) means a Tiller Rides Roadster electric bicycle.
- Ship Date means the date that the manufacturer will ship a particular preordered Roadster to Tiller Rides, for future delivery to a Preorder Customer.
- Terms refer to these Terms and Conditions.
- Website refers to the Tiller Rides website tillerrides.com
II. BACKGROUND
- By preordering a Roadster you are supporting the growth and establishment of an innovative Western Australian based business, Tiller Rides.
- Because of the important role Preorder Customers play in the establishment of Tiller Rides, they will be referred to as Founding Riders and will receive a range of special opportunities over time.
III. APPLICATION
- These Terms and Conditions for the Preorder Offer are provided to ensure that Buyers of a Roadster are clear about what they are getting, what could change, and what warranties and guarantees are provided.
- Our aim is to ensure you receive a bike you will love and enjoy riding for a long time.
IV. IMPORTANT DATES
- The key dates for the Preorder Offer are:
V. PRICING, DISCOUNTS AND REFERRALS
- As an incentive for purchase during the launch presales campaign, Buyers may be offered a discounted price (see Website for current offer) compared to the suggested retail price.
- Referrals
b. For Preorder customers the Referral Fee will be taken off the price of their Preorder.
c. For Owners, their referral fee will be paid when the Buyer / Preorder Customer makes the final payment and takes delivery of their Roadster.
d. Referral fees will not be paid on cancelled Preorders.
e. The Referral Fee is that which is stated on the website at the time the Owner/Preorder customer receives their Referral Code and is subject to change.
f. For Preorder Customers, the Referral Fees are stackable up to the value of a Preordered Roadster.
g. Referral Fees that have been earned will be totaled and subtracted from the Purchase Price at time of final payment for a Preordered Roadster.
h. If a Preorder Customer cancels their order before Payment is made they will lose all Referral Fees.
i. The Referral Fee cannot be applied to the Deposit.
j. Tiller Rides reserves the right to cease the Referral fee system at any time. If this occurs only Referral fees earned up to that point will be credited.
VI. ORDER
- A Buyer will be considered to have placed an order once the Deposit payment has been received by Tiller Rides.
- Placing an order constitutes an acquiescence of these Terms & Conditions.
- Acceptance of an order to purchase a Roadster is at the absolute discretion of Tiller Rides Pty Ltd.
VII. PAYMENT
VIII. MONEY-BACK GUARANTEE
- If for some reason the Preorder Roadsters are unable to be delivered, Buyers will receive a full refund of their Deposit plus any of the balance that has been paid. This refund will be provided within one month of the Tiller Rides Board determining and announcing that Roadsters cannot be delivered and resolving to return deposits. To give Buyers some comfort with this guarantee, Tiller Rides will hold all deposits in a Holding Account until the company is confident of production of the bikes and the Ship Date has been announced.
- Tiller Rides products, in general, are covered by additional Warranties. Please refer to our Warranty page for further details.
IX. FEATURES AND ACCESSORIES
Tiller Rides reserves the right to change, add or exclude any features or specifications listed in the Features List (Clause 9.1) so it can improve the offering to Preorder Customers . Preorder Customers will be informed of any Major Changes that would significantly affect the functionality or aesthetics of their Roadster to ensure Buyers are still prepared to continue with purchase. Preorder Customers must inform Tiller Rides in writing of their desire to cancel their purchase within seven days of receiving notification of a Major Change to the bike design.
X. ELECTRONIC COMMUNICATIONS
- All important communications with Tiller Rides will be via email.
- Should a Preorder Customer's email address change, it is the Preorder Customer’s responsibility to notify Tiller Rides of the change to ensure we can remain in communication with important information related to your Preorder.
XI. DELIVERY
- Tiller Rides intends to deliver the Preordered Roadsters to Preorder Customers on or before the Delivery Date stated on the website at the time of order.
- The Delivery Date may be subject to change on occasion due to the production schedule and other matters out of Tiller Rides control.
- The cost of Delivery options are those stated on the website at time of order.
- Preorder Customers must cover the cost of returning their bike to a service centre should any major servicing be required that is not Warranty related.
- All Pre-Sales Roadsters will be delivered or made available for collection before the Latest Delivery Date unless a new Delivery Date has been agreed upon.
- Pre-Sold Roadsters will be delivered by Tiller Rides to all Preorder Customers requesting delivery to a location within an Australian capital city metropolitan area.
- Approximately four weeks prior to the actual Delivery Date, Tiller Rides will contact Preorder Customers and confirm details of their bike delivery.
- Preorder Customers must, within 14 days of being notified of their bike’s availability, arrange to receive the bike at their specified delivery location, collect their bike or arrange alternative means of delivery.
XII. OWNERSHIP TRANSFER
- Legal and beneficial ownership of a Roadster will not pass to the Preorder Customers until such time as their bike(s) have been paid in full in cash or cleared funds.
XIII. RISK AND INSURANCE
- Ownership and responsibility for the Preordered Roadster will transfer to the Preorder Customer from the moment it is delivered to the Preorder Customer, or to their chosen point of delivery, or upon collection.
- Should Preorder Customers require a shipping agent to deliver their Roadster(s), the risk of loss of the bike(s) passes to the Preorder Customer on delivery of their Roadster(s) to the carrier, and the Preorder Customer is responsible for any loss or damage to the Roadster(s) from that point. Claims against any shipping agent or carrier for damage during shipping are the Preorder Customer’s responsibility.
XIV. INSPECTION
- Upon delivery or collection of the bike(s), the Preorder Customer has seven (7) days to inspect the bike(s) and provide written notice that the bike(s) do not comply with the stated specification or descriptions.
- If the Preorder Customer does not provide written notice, the bike(s) will be deemed to have been accepted in good order and condition.
XV. CANCELLATION OF PREORDER
- No Preorder may be cancelled, modified or deferred before the Latest Delivery Date without the prior written consent of Tiller Rides. Consent is at Tiller Rides’ sole discretion. .
- If such consent is given, it is at Tiller Rides’s election, subject to Tiller Rides being reimbursed all losses, including loss of profits, and paid a cancellation fee (being no less than 20% of the purchase price of the bike(s)).
XVI. DISPLAY AND SAMPLES
- Any display product, prototype, or sample inspected by the Preorder Customer (for example the first prototype) is solely for the Preorder Customer’s convenience and does not constitute a sale by sample.
XVII. CONTRACT
- The Terms of the Preorder contract are wholly contained in these Terms and Conditions and any other writing signed by both parties. The Preorder contract is deemed to have been entered into when the initial deposit is made on the Roadster(s).
XVIII. MODIFICATION OF THESE TERMS
- Tiller Rides reserve the right to change these Terms on a going-forward basis at any time.
- If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms so that your order remains valid.
- Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication.
- Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
XIX. ARBITRATION
- Generally, in the interest of resolving any disputes that may arise between you and Tiller Rides in the most expedient and cost effective manner, you and Tiller Rides agree that binding arbitration will first be used to resolve any dispute arising in connection with these Terms before a lawsuit in court. Arbitration is less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to initially attempt to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
XX. WAIVER OF BREACH
- No failure by Tiller Rides to insist on strict performance of any of these Terms is a waiver of any right or remedy which Tiller Rides may have, and is not a waiver of any subsequent breach or default by the Preorder Customer
XXI. NO ASSIGNMENT
- Neither the Preorder, nor any rights under the Preorder may be assigned by the Preorder Customer to another person without the prior written consent of Tiller Rides, which is at Tiller Rides’s absolute discretion.
XXII. SEVERABILITY
- If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
XXIII. GOVERNING LAW
- These Terms and the Pre-Sale contract shall be governed by the law of Western Australia and the parties shall submit to the courts of Western Australia in respect of any dispute arising.