Reservation Agreement
EMG - Reservation Agreement
1. General – Pre order
1.1 EMG (Emoto Group Pty Ltd, we, us, our) intends to deliver the Volcon and Lyric Cycles products and refill stock of the Caofen F80 Trail in the second quarter of 2024. This reservation agreement (this Agreement) is a binding legal contract between you (Customer, you, your) and EMG and sets out the terms and conditions on which you may pre-order an EMG product by paying a reservation fee of 50% of the total delivered value (Australian dollars ) Reservation Fee).
Once your electric vehicle is ready to be sent to you from our Australian warehouse, the remaining balance will be required to pay in full prior to shipment from the EMGs Australian warehouse.
1.2 By pre-ordering an EMG licensed product and paying the Reservation Fee, you confirm that you have read and agree to be bound by this Agreement.
2. Pre-order
2.1 To pre-order an EMG mobility product you are required to pay the Reservation Fee to EMG via the payment gateway on our website. The payment of the Reservation Fee by you to EMG is to reserve an EMG Mobility product for you for delivery on a first-come-first-served basis once our container of that product arrives in our warehouse. The Reservation Fee will be subtracted from the total purchase price of your EMG Mobility product.
2.2 You agree that the Reservation Fee is non-refundable, provided that if we have not sent you the confirmation email and Purchase Agreement referred to in clause 2.3 below on or before the Target Shipping Date, then you may by notice in writing to us require a full refund of the Reservation Fee. In this case we will as soon as reasonably practicably refund the Reservation Fee (without interest and subject to deduction of any bank or payment provider fees) to the same payment method used by you to pay it. If we do not hear from you within 30 (thirty) days after your deposit was cleared, then you will be deemed to have elected to continue waiting for delivery of your EMG Mobility product and forfeit your right to receive a refund of your Reservation Fee.
3. Customer acknowledgement
3.1 You acknowledge and agree that:
(b) while we will make every effort to adhere to the performance or specifications of the any EMG Mobility product offered by our brand as advertised on our website or Authrised Stockist listed on our website, such performance and/or specifications, including the individual components, may be subject to change based on design considerations, or Australian homologation requirements, availability of components and/or factors outside of our control and that we shall have no liability for any changes to such performance or specifications for any reason;
4. Cancellation
4.1 EMG may cancel this Agreement by email notice to you for any reason or for no reason at any time prior to you becoming bound by the Purchase Agreement, in which case we will as soon as reasonably practicably refund the Reservation Fee (without interest and subject to deduction of any bank or payment provider fees) to the same payment method used by you to pay it.
5. Privacy
5.1 EMG is committed to respecting your privacy and ensuring the security of any personal information you provide us.
5.2 Unless you and we expressly agree otherwise, any personal information you provide to us, whether via our website, our related social media pages or otherwise, will be processed by us in accordance with all applicable Australian Laws (including the Privacy Act 1988) and our privacy policy.
6. E- Bike Laws
Whist every reasonable effort has been made, in partnership with our manufactures to provide their E-bike in accordance with local Australian laws EMG (Emoto group Pty Ltd) have provided each unit to meet the standard in accordance with Australian Law EN15194 pedelecs:. Each unit may offer setting for performance outside of the Australia E-bike law. Each unit is delivered in a restricted software format to ensure your Ebike complies with state and national law.
EMG takes no responsibly for any user who operates their Ebike outside of any stock factory setting on any public environment. It is solely up to the user to ensure they are only using their EMG Mobility product in accordance with state and national laws.
https://www.transport.nsw.gov.au/roadsafety/bicycle-riders/ebikes
EMG (Emoto Group Pty Ltd) except no liability for either personal or property damage either directly or resulting in any third-party damage to both persons, and property and (or/Both) injury or death resulting from of any E-bike product sold either directly on our website or any (all) connected owned brands, namely www.emotogroup.com www.emotogroup.com.au www.electricmotorcyclesgarage.com.au www.rideemg.com or through any authorized stockist listed on our website.
7. Miscellaneous
You acknowledge and agree that this Agreement set forth the entire agreement and understanding of the parties in relation to your pre-order of any and all EMG Mobility products.
This Agreement shall be governed by and construed in accordance with the laws of Australia. The parties to this Agreement submit to the non-exclusive jurisdiction of the courts of Australia in relation to any dispute or claim arising out of or in connection with this Agreement or in relation to its existence or validity.
