Agreement to Purchase a Fonzarelli Vehicle
As the Buyer ‘you’ agree to purchase the Fonzarelli ‘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 fees are frequently changing and will depend on other factors, such as vehicle usage, rider age, locations therefore these costs will be close to the date of taking delivery.
Securing Your Order.
To place your order you must place a non-refundable $200 deposit. Upon securing your order Fonzarelli will contact you to discuss the final vehicle configuration, customisations and expected delivery timeframe. Prior to taking delivery of your vehicle the balance of the vehicle must be paid.
Status of Your Deposit.
We incur significant costs in the preparation, configuration, customisation, coordination and delivery logistics of your vehicle. Within 24hours after accepting this order you may cancel your order without incurring cost. After this time a 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 the $250 deposit amount 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’.
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.
We will provide you with notification in advance of the expected date of delivery, at the agreed location of delivery, and unless we are in breach of this agreement, 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, your 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. 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.
Limitation of Liability
Fonzarelli Bikes 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.
Your Vehicle is subject to the Fonzarelli Bikes Limited Australian Warranty.