Agreement to Purchase a Fonz Moto Pty Limited Vehicle
As the Buyer ‘you’ agree to purchase the Fonz Moto Pty Limited (Fonz Moto) ‘Vehicle’ pursuant to the 'Terms and Conditions' of this agreement. The Terms & Conditions are effective as of the date you place your order and apply to this transaction.
Purchase Price, Taxes and Fees
The Purchase Price of the Vehicle is not subject to change. However, if prior to delivery of the vehicle you change the options you have selected, we may update your vehicle configuration, which may affect the price of purchase. On-road costs, including local taxes, duty, compulsory insurances and other 'on road' related costs vary by location, therefore the final purchase price of your vehicle may vary from the indicated delivery price. You will be responsible for paying these additional taxes and fees. These government fees are frequently changing and may depend on other factors, including but not limited to, vehicle usage, rider age and locations, therefore these costs may be adjusted closer to the date of taking delivery.
Securing Your Order and Final Payment
To place your order you must place a deposit. Upon securing your order Fonz Moto will contact you to discuss the final vehicle configuration, customisations and expected delivery timeframe. Ten business days prior to taking delivery of your vehicle the balance of the vehicle must be paid.
Status of Your Deposit - Inventory Orders
Within 48 hours after accepting this order you may cancel your order without incurring cost. After this time an administration fee of AUD $250 becomes non-refundable. If you cancel or default on this Agreement, you agree that we may retain as liquidated damages the administration fee made by you to secure your order, to the extent not otherwise prohibited by law. In addition, you acknowledge that $250 administration fee made by you is a fair and reasonable estimate of actual damages that we may incur in preparation, configuration logistics and resale of the Vehicle. Except in ‘Special Circumstances’.
Status of Your Deposit - Custom Orders
FONZ incurs significant costs in the preparation, configuration, customisation, development, coordination and delivery logistics of your custom vehicle. As such once the final order is confirmed we are not able to offer a change of mind refund on the non-refundable deposit (minimum 10% of total order).
If you cancel or default on this Agreement after the final design customisations are confirmed, you agree that we may retain as liquidated damages the non-refundable deposit made by you to secure your order, to the extent not otherwise prohibited by law. In addition, you acknowledge that this fee made by you is a fair and reasonable estimate of actual damages that we may incur in preparation, configuration logistics and resale of the Vehicle. Except in ‘Special Circumstances’.
Special circumstances
If you have indicated in your order that you intend to finance the vehicle and you are not able to obtain finance from our affiliated lenders or another bank lender despite a bona fide, good faith effort to do so, you may cancel this contract and receive a full refund of your deposit amount.
Delivery
We will provide you with notification in advance of the expected date of delivery, at the agreed location of delivery, and unless the delivery is delayed in transit, you hereby agree to take delivery of your Vehicle within five business days of this date. If you are unable to take delivery within the specified period, including any extension we may grant, you will be in breach of this Agreement, the non-refundable deposit will not be refunded pursuant to Status of Your Deposit paragraph above, and the vehicle may be made available for sale to another customer, at our discretion.
The vehicle may be returned to Fonz Moto's Sydney facility, at our discretion. We will deduct the shipping and returns shipping amount, and administration fee, from the final refund amount. The vehicle may then be made available for sale to another customer, at our discretion.
Unless otherwise described in your final invoice, if, on your behalf, we are coordinating the shipping of the Vehicle to you via a third party common carrier, you hereby agree and acknowledge that delivery of the Vehicle, including the transfer of title and risk of loss, will occur at the time your Vehicle is loaded onto the common carriers transport. The Vehicle will be insured under transit insurance and you will be the beneficiary of any claims for damage to the vehicle or losses.
Fonz Moto incurs significant cost in the transport of your vehicle to the agreed location. If damage is incurred during transit of the vehicle, the vehicle will be assessed by a Fonz Moto local partner, or failing that, by an authorised repairer, and remedial action will be taken. Any components with damage that is cosmetic in nature will be repaired or replaced with new components prior to delivery (noting Fonz Moto will make every endeavour to dispatch parts to the partner promptly, noting this may take several weeks, depending on the location).
Limitation of Liability
Fonz Moto Pty Limited is not liable for any incidental, special or consequential damages arising out of this Agreement. In the event we are held liable for any such damages, your sole and exclusive remedy will be limited to reimbursement of your deposit.
Warranty
Your Vehicle's major and general components are subject to a Fonz Moto Limited Australian Warranty.
- Fonz Moto Pty Limited Bikes Limited Australian Warranty (2023 and earlier)
- Fonz Moto Pty Limited Bikes New Vehicle Limited Australian Warranty (2024 and later)
- Separate coverage for certain parts not fitted to the Vehicle, including but not limited to external charging equipment, comes with a twelve month warranty
