Terms and Conditions

(Revision 3)

1) INTERPRETATION

  1. Ride, Bike(s) or Bicycle(s) means a First Edition Tiller Rides Roadster electric bicycle.

  2. Build Date means the date that Tiller Rides will commit to manufacturing the Pre Sold First Edition Roadsters.

  3. Buyer means a purchaser of one of the First Edition Tiller Rides Roadsters.

  4. Pre-Sales Discount - This is the amount of money taken off the Purchase Price for a Pre-Sales Purchase.

  5. Deposit - the initial payment to secure a Pre-Sales First Edition Roadster.

  6. Delivery Date - the date the Pre-Sales Roadsters will begin being delivered to First Edition Buyers

  7. First Edition means the first commercially produced Roadsters that Tiller Rides will deliver to the public.

  8. Features List means the list of features mentioned in these Terms and Conditions.

  9. Founding Riders refers to purchasers of the first production run of Tiller Rides Roadsters.

  10. Holding Account refers to the Tiller Rides First Edition Bike Deposit Holding Account, which is the account that will hold the Pre-Sales deposits until the Build Date.

  11. Latest Delivery Date means the latest date by which Pre Sales Roadsters must be delivered to Buyers provided the Buyer has not paid the balance of payments for their Roadster and in doing so agreed to a new delivery date.

  12. Major Change means a significant variation in the look or function of the First Edition Roadster.

  13. Pre-Sales Offer means the offer of the First Edition Roadsters to Buyers at a reduced price and which will be delivered in the future.

  14. Purchase Price means the total cost to the Buyer after all accessory prices have been added to the base price and any discounts or referral fees deducted.

  15. Referral Fees - means fees that a Pre Purchaser earns by referring other Pre-Purchasers.

  16. Referral Code - means the code that each Buyer will receive to enable them to refer other interested people and so receive their referral fees.

  17. Referee - means someone who has paid a deposit for a First Edition Roadster as a result of being referred by an existing buyer.

  18. Referee Discount - means the amount of money stated on the Website at time of purchase that they referee will get of their First Edition Roadster for being successfully referred.

  19. Novated Lease Approval Date - this is the date that a Tiller Rides Roadster becomes able to be purchased via Novated Lease.

  20. Terms refers to these Terms and Conditions.

  21. Website - refers to the Tiller Rides website tillerrides.com

2) BACKGROUND

  1. Tiller Rides is currently offering its First Edition Roadsters for sale. These First Edition Roadsters will be manufactured during the businesses first commercial production run. These Roadsters are being offered for pre-sale for two main reasons:

    1. To demonstrate market demand to manufacturing partners who are tooling up for production.

    2. To demonstrate market demand to current and future Tiller Rides investors.

  2. By purchasing a First Edition Roadster you are supporting the growth and establishment of an innovatie West Australian based business, Tiller Rides.

  3. Because of the important role these First Edition purchasers are playing in the business they will be referred to as Founding Riders and will receive a range of special offers over time.

 

3) APPLICATION

  1. These terms and conditions for the First Edition Pre-Sales Offer are provided to ensure that Buyers of a First Edition Tiller Roadster are clear about what they are getting, what could change, and what warranties and guarantees are provided.

  2. Our aim is to ensure you receive a bike you will love and enjoy riding for a long time.

 

4) IMPORTANT DATES

  1. The key dates for the Pre Sales Offer are:

    1. Pre Sales Offer Opening Date - Monday 12th November 2018

    2. Build Date - This date will be advised once our manufacturer has committed to commencing production.

    3. Manufacturing Period – This is the period when the First Edition Roadsters will be manufactured.

    4. Delivery Date - This is the date the First Edition tiller electric bikes will be begin to be available for Buyers to take possession of. Buyers will be informed of when they can take possession of their Roadster at least 2 weeks before this date.

    5. Latest Delivery Date – Friday 20th December 2019.

 

5) PRICING AND DISCOUNTS

  1. As an incentive for early purchase, First Edition Buyers are being offered a discounted price (see Website) compared to the future recommended retail price.

  2. Referrals

    1. If a Buyer successfully refers one or more people, i.e. the Referee purchases a bike and enters the Referral Code when placing their Pre-Order, the initial Buyer will receive a Referral Fee. The amount of the referral fee is that which is stated on the website at time of purchase.

    2. This Referral Fee is limited to paying off the entire price of their bike.

    3. If a Buyer is referred by an existing Buyer and the new Buyer enters the existing Buyers Referral Code the Referee will receive a $100 off the price of their bike.

 

6) ORDER

  1. The distribution and service centre for the First Edition bikes will be located in capital cities in Australia . Buyers outside the metropolitan area must be prepared to pay for freight or collect their bike from the distribution centre  and return their bike to this location should any major servicing be required.

  2. Only when a Buyer has paid the Deposit into the holding account will they be considered to have placed an order.

  3. Acceptance of an order to purchase a First Edition Tiller Roadster is at the absolute discretion of Tiller Rides Pty Ltd.

 

7) PAYMENT

  1. Payment terms are as follows:

    1. The Purchase Price is that stated on the Website at time of purchase minus any discounts and referral fees gained.

    2. Deposit

      1. The Deposit stated on the Website is required to secure a First Edition Roadster .

      2. The Deposit is to be paid via the website.

    3. Balance of Payment

      1. Up Front Payment is the default option for paying the post-deposit balance required to purchase a Tiller Rides Roadster. Unless instructed otherwise (via email or comments inserted in the comments field during purchase) Tiller Rides will assume a Buyer will pay their balance Up Front.

      2. The following terms will apply depending on which option has been selected.

        1. Up Front Payment

          1. If paying up front, the full Purchase Price (balance of payment) is to be paid before the Build Date.

          2. Tiller Rides will give four weeks’ notice to each Buyer of the Build Date and the total balance of payment required after accessory costs and any applicable discounts.

          3. Failure to pay the full Purchase Price before the Build Date may lead to the Buyers to forfeit their Deposit.

        2. Payment Plan

          1. The Buyer must inform Tiller Rides at least 4 weeks before the Build Date of their desire to use a payment plan.

          2. If paying the balance via a payment plan that isn’t salary sacrifice the payment plan must commence before the Build Date.

          3. Failure to commence the payment plan before the Build Date may lead to the Buyer to forfeit their Deposit.

        3. Novated Lease ( Salary Sacrifice )

          1. The Buyer must inform Tiller Rides at least 4 weeks before the Build Date of their desire to use a Novated Lease.

          2. Tiller Rides will register the Roadster with novated lease providers as soon as Roadsters are available in Australia for inspection.

          3. The date the Roadster is registered and approved for Novated Lease will be referred to as the Novated Lease Approval Date. Tiller Rides will inform all Novated Lease pre-purchase customers of this date within 5 business days of the approval date.

          4. Pre-order customers wishing to purchase their Roaster using a Novated Lease must arrange the Novated Lease with their employer and are liable for all costs associated with the setup of the lease.

          5. Novated Lease payments must commence within 4 weeks of the Novated Lease Approval Date unless agreed with Tiller Rides.

          6. If the Tiller Rides Roadster is unable to be registered for Novated Lease within 2 months of the application to the novated lease service provider the Buyer’s pre-order Deposit will be refunded.


 

8) WARRANTIES

  1. A number of warranties are being offered to ensure First Edition Buyers are happy with their First Edition Roadsters. The warranties are:

    1. Money Back Guarantee: If for some reason the First Edition bikes 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 as soon as possible but at least before the end of Jan 2020. 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 Build Date has been announced. Investors’ funds will be used to perform all the engineering and design work to refine the design for manufacturing and tool up for production.

    2. Fix or Replace: Tiller Rides will fix any manufacturing related defects that are discovered in the first 2 years of ownership free of charge and if they cannot be fixed, the First Edition Roadster will be replaced with a Second Edition Roadster. If a replacement is provided, the First Edition Roadster will become the property of Tiller Rides.

  2. Tiller Rides must be informed of any warranty related defects. For this reason, if a warranty related or other defect is discovered, the Buyer should immediately notify Tiller Rides of such defect so assessment and remedy can be arranged. Buyers must therefore not carry out any remedial work to a warranty related defect without first obtaining consent from Tiller Rides.

 

9) FEATURES AND ACCESSORIES

  1. All First Edition Tiller Rides Roadsters will come with the following features as standard:

    1. One-Size-Fits-Most Stylish pressed frame

    2. Integrated lights front and rear

    3. Front carrier

    4. Quick release seat with non-removable anti-theft seat post

    5. Motion detection based alarm

    6. GPS ‘find my bike’ tracking

    7. Quicktether cable lock

    8. Access to a mobile app to control the bike

    9. Lockable rear carrier attachment

    10. 19Ah (690 Wh) long range battery pack

    11. Battery pack lock

    12. 250W front wheel hub motor

    13. Torque sensor based pedelec motor drive system

    14. Tiller Rides App and keyless disarming via Bluetooth and App

    15. Battery level display

    16. Electric assist level display

    17. Electric assist control buttons

    18. Mudguards - front and rear

    19. Hydraulic Disc brakes

    20. Puncture resistant tyres

    21. Emergency tyre sealer and inflator inside frame

    22. Lockable storage locker

    23. Single USB-C outlet

    24. Belt drive

    25. Internally geared rear hub

    26. Grip-shift gear shift

    27. Eccentric bottom bracket belt tightening

    28. Retractable double stand

    29. Bell

 

  1. The GPS tracking system will require access to an active internet connection via a mobile data sim card and a profile/account on the Tiller Rides website. The Buyer must pay for this data card (only uses data when alarm is activated) or provide the mobile data sim card for this system to be operable.

  2. 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 Buyers. Buyers will be informed of any Major Changes that would significantly affect the functionality or aesthetics of their First Edition bike to ensure Buyers are still prepared to continue with purchase.  Buyers must inform Tiller Rides in writing of their desire to cancel their purchase within 7 days of receiving notification of a Major Change to the First Edition bike design.

 

10) ELECTRONIC COMMUNICATIONS

  1. All important communications with Tiller Rides will be via email.

  2. Should a Buyers email address change it is the Buyers responsibility to notify us of the change to ensure we can remain in communication about important dates etc.

 

11) DELIVERY

  1. Tiller Rides intends to deliver the Pre Sales First Edition Roadsters  to Buyers on or before the Delivery Date stated on the website at time of order. The actual delivery date may change depending on the time taken to finalise manufacturing partnerships and then manufacture the First Edition  Roadsters .

  2. All Pre-Sales Tiller Roadsters  will be delivered before the Latest Delivery Date unless a new delivery date has been agreed upon.

  3. Pre Sold First Edition Roadsters will be delivered by Tiller Rides to all Buyers requesting delivery to a location within a  Capital City Metropolitan Area. Buyers outside this area must collect their bike from our warehouse or pay for delivery of their bike by other means.

  4. Four weeks prior to the actual delivery date, Tiller Rides will contact Buyers and confirm details of bike delivery.

  5. Buyers 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.

 

12) OWNERSHIP TRANSFER

  1. Legal and beneficial ownership of a bike will not pass to the Buyer until such time as their bike(s) have been paid in full in cash or cleared funds.

 

13) RISK AND INSURANCE

  1. Ownership and responsibility for the purchased Roadster will transfer to the Buyer from the moment it is delivered to the Buyer or their chosen point of delivery or upon collection.

  2. Should Buyers require a shipping agent to deliver their Roadster(s) the risk of loss of the bike(s) passes to the Buyer on delivery of their Roadster(s) to the carrier, and the Buyer is responsible for any loss or damage to the Roadster(s) from that point. Claims against a carrier for damage during shipping are the Buyer’s responsibility.

 

14) INSPECTION

  1. Unless the Buyer has inspected the bike(s) and given written notice to Tiller Rides within 7 days after collection or delivery that the bike(s) do not comply with the stated specifications or descriptions, the bike(s) will be deemed to have been accepted in good order and condition.

 

15) CANCELLATIONS

  1. No pre-order may be cancelled, modified or deferred without the prior written consent of Tiller Rides (which is at  Tiller Rides’s sole discretion). If such consent is given, it is at Tiller Rides election, subject to Tiller Rides being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the purchase price of the bikes).

 

16) DISPLAY AND SAMPLES

  1. Any display product, prototype, or sample inspected by the Buyer (for example the first prototype) is solely for the Buyer’s convenience and does not constitute a sale by sample.

 

17) CONTRACT

  1. The terms of the pre-sales contract are wholly contained in these terms and conditions and any other writing signed by both parties. The sale contract is deemed to have been entered into when the initial deposit is made on the Roadster(s).

 

18) MODIFICATION OF THESE TERMS

  1. Tiller Rides reserve the right to change these Terms on a going-forward basis at any time.

  2. 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.

  3. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication.

  4. 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.

 

19) ARBITRATION

  1. 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.

 

20) WAIVER OF BREACH

  1. 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 Buyer.

 

21) NO ASSIGNMENT

  1. Neither the pre-order, nor any rights under the pre-order may be assigned by the Buyer to another person without the prior written consent of Tiller Rides, which is at Tiller Rides’ absolute discretion.

 

22) SEVERABILITY

  1. 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.

 

23) GOVERNING LAW

  1. 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.