Contract
MYEBIKE BRISBANE CONTRACT
DEFINITIONS
1. The following definitions are used but not otherwise defined in this Agreement:
a. “Equipment” means an Electric Bike which has an approximate value of $1,700.00 (related to Standard Electric Bike), from $2,000.00 to $2,500.00 (related to Plus Electric Bike) and $3000.00 (related to T7s electric bike model). “Accessories” included with the Equipment: Battery, Battery Key, Battery Charger, Helmet, Security Lock, Lights and delivery rear rack (in some cases) PLEASE CHECK EQUIPMENT PRICES IN-STORE.
b. “Total Loss” means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment, excluding Accessories.
LEASE
2. The Business agrees to lease the Equipment to the Client, and the Client agrees to lease the Equipment from the Business in accordance with the terms set out in this Agreement.
TERM
3. The Agreement commences on the date this contract is signed and will continue on a Weekly basis until the Business or the Client terminates the Lease (the “Term”). The Agreement may be terminated by either the Business or the Client providing 2 days written notice to the other.
4. THE CONTRACT AGREEMENT IS VALID FROM THE DATE OF THE CUSTOMER'S SIGNATURE UNTIL THE BIKE AND ALL THE ACCESSORIES ARE RETURNED TO THE SHOP.
RENT
5. The rent for the Equipment, including the GST, will be as detailed below (the “Rent”) and the Rent will be paid prior to the Client taking possession of the Equipment. RENT FEES ARE NON REFUNDABLE.
Equipment:
STANDARD ELECTRIC BIKE: Deposit - $150 /Day rental -$50 per day /Week rental - $65 per week
PLUS ELECTRIC BIKE: Deposit - $150 /Day rental -$50 per day /Week rental - $75 per week
T7s ELECTRIC BIKE: Deposit - $150 /Day rental - N/A Week /rental - $85 per week
6. In case the Client fails to pay the rent on time, A LATE FEE OF $15 per day will be applied.
7. WE REQUIRE YOUR BANK CARD FOR DIRECT DEBIT AUTHORIZATION TO FACILITATE FUTURE RENTAL PAYMENTS. By providing your Bank Card details, you authorize us to automatically debit your account for the agreed-upon rental amount on the specified due date. This authorization will remain in effect until the termination of the tenancy agreement or until you provide us with a written request to revoke it. We assure you that your Bank Card information will be securely stored and used only for the purpose of processing rental payments and excess fee in accordance with applicable data protection laws. You have the right to withdraw this authorization at any time by providing us with written notice. However, please note that failure to
provide or maintain valid Bank Card information may result in late payment fees or other consequences as outlined in the tenancy agreement.
DEPOSIT
8. The Client will pay a deposit as detailed above (the “Deposit”) before taking possession of the Equipment. The Business will refund the Deposit to the Client WITHIN 7 BUSINESS DAYS after the end of the Term, as long as the Equipment is in good working order and good condition, provided that theClient has performed all the Client’s obligations under this Agreement.
9. A fee of 50% from the Deposit will be charged ("no-show fee") if the Client doesn't come to collect the Equipment after 5 business days we contact about availability.
10. When the Equipment and Accessories are returned to the Business, $15 WILL BE DEDUCTED FROM THE DEPOSIT (‘’End of Lease Check’’ fee).
USE OF EQUIPMENT
11. The Client is the sole operator of the Equipment, and must use it in a careful, safe and conscientious manner. Client shall always observe and adhere to any rules and guidelines posted by the Business, and any Australia applicable laws or regulations.
12. ELECTRIC BIKES ARE WATER-RESISTANT AND NOT WATERPROOF. Ride in rain is not recommended, as riding through deep puddles or through flooded streets can severely damage the electrical system and ruin the battery. ANY WATER DAMAGE WILL BE FIXED BY THE BUSINESS, WITH THE COST PAID BY THE CLIENT.
13. Helmets are included in the Term and are always required to be worn while riding Equipment rented from the Business.
OWNERSHIP, RIGHT TO LEASE AND QUIET ENJOYMENT
14. The Equipment is the property of the Business and will remain the property of the Business.
15. The Business warrants that the Business has the right to lease the Equipment according to the terms in this Agreement.
16. The Business warrants that as long as no Event of Default has occurred, the Business will not disturb the Client quiet and peaceful possession of the Equipment of the Client’s unrestricted use of Equipment for the purpose for which the Equipment was designed.
REPAIR AND MAINTENANCE OF EQUIPMENT
17. The Equipment will be in good working order and good condition upon delivery.
18. The Client will keep the Equipment in good repair, appearance and condition, normal and reasonable wear and tear excepted. The Business will supply all parts and services that are necessary to keep the Equipment in a such estate, at the Client’s own expense.
19. If the Equipment is not in a good repair, appearance and condition when it is returned to the Business, the Business may take such repairs to put the Equipment in a state of good repair, appearance and condition, normal and reasonable wear and tear excepted. The Business will make the said repairs within a reasonable time of taking possession of the Equipment and will give the Client written notice of and invoices for the said repairs. Upon receipt of such invoices, if the total is higher than the remaining Deposit amount, the Client will immediately reimburse the Business for the actual expense of those repairs.
LOSS AND DAMAGE
20. To the extent permitted by law, THE CLIENT WILL BE RESPONSIBLE FOR RISK OF LOSS, theft, damage, or destruction to the Equipment from any and every cause.
21. If the Equipment is lost or damaged, the Client will provide the Business with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition, and the expenses should be paid by the Client.
22. In the event of Total Loss of the Equipment, the Client will immediately report to the police and will provide the Business with prompt written notice of such loss, and will pay to the Business the market value of the Equipment, at which point ownership of the Equipment passes to the Client.
INSURANCE
23. The Client will, during the whole of the Term and for as long as the Client has possession of the Equipment, have insurance for the Equipment included in the agreed price. Insurance is MANDATORY for all Electric Bikes, which have an approximate value ranging from $1,700.00 to $3,000.00.
24. When covered by insurance and in the event of Total Loss of the stolen Equipment, the Client will provide the Business with prompt written notice of such loss, and will pay to the Business $750.00, EXCLUDING THE DEPOSIT, for the full replacement value of the Equipment and will name the Business as the loss payee.
25. Insurance will cover the theft only if the bike is LOCKED OTHERWISE THE CLIENT WILL NEED TO PAY THE FULL AMOUNT OF THE BIKE.
26. In case of the Equipment being found by the Business, the amount paid by the Client will be refunded partially, discounted the amount of $150 ("Recovery expense").
27. In case of the Equipment being found ("by the Business or Client"), the expenses for any parts damaged should be paid by the Client, in accordance to the item 17 in this document.
28. If the Client is OVERDUE FOR 7 DAYS AND FAILS TO COMMUNICATE the Business, the Client WILL BE REPORTED TO THE Australian Police AS HAVING STOLEN GOODS.
TAXES
29. The Client will report and pay all taxes, fees and charges associated with the use of the Equipment, including, but not limited to, property taxes (e.g.: energy bill), fines, registration fees.
DEFAULT
30. The occurrence of any one or more of the following events will constitute an event of default (“Event of Default”) under this Agreement:
a. The Client fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Client’s obligations under this Agreement.
b. The Client becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under bankruptcy law of Australia or another competent jurisdiction.
REMEDIES
31. On the occurrence of an Event of Default, the Business will be entitled to pursue any one or more of the following remedies (the “Remedies”):
a. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Client.
b. Apply to Deposit toward any amount owning to the Business.
c. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
d. Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process law. The Client waives any and all damage occasioned by such taking of possession.
e. Terminate this Agreement immediately upon written notice to the Client.
f. Pursue any other remedy available in law or equity.
GENERAL TERMS
32. All dollar amounts in this Agreement refer to Australian dollars, and all payments required to be paid under this Agreement will be paid in Australian dollars unless the Parties agree otherwise.
33. This Agreement will be constructed in accordance with and governed by the laws of Australia and the Parties submit to the exclusive jurisdiction of the Australian courts.
34. All Client's data will be securely stored and compliant with the Australian Privacy law. The parties have executed this agreement as of the day and year first written below.