There are a few things we need you to know before you proceed.
Then, if you’re buying a 2×2, it’s important that you also carefully read the UBCO 2×2 Terms & Conditions of Purchase. This is very important.
This website is operated by UBCO Bikes US, LLC (UBCO). Throughout the site, the terms “we”, “us” and “our” refer to UBCO. UBCO offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
You expressly understand and agree that your use of the service is at your sole risk and the services are provided on an “as is” and “as available” basis.
UBCO and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied. We make no warranty that (i) the services will meet your requirements; (ii) your use of the services will be timely, uninterrupted, secure or error-free; and, (iii) any information obtained by you as a result of the services will be accurate or reliable.
Any material downloaded or otherwise obtained through the use of the services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from UBCO or through or from the service will create any warranty not expressly stated in these Terms of Service.
2.0 GENERAL TERMS & CONDITIONS OF PURCHASE
These General Terms and Conditions of Purchase (“Terms”) apply between Ubco Bikes US, LLC, an Oregon limited liability company (“UBCO”), and you (“the Customer”) and govern the purchase of any products (“Products”) by you from UBCO (unless such purchase has been undertaken in conjunction with Specific Terms and Conditions of purchase as specified by UBCO in writing to you (“Alternative Terms”), in which case the Alternative Terms will prevail). By placing an order for Products you are deemed to have read and agreed to be bound by these Terms.
UBCO reserves the right to amend these Terms from time to time. Amendments will be effective immediately upon being provided to the Customer or placed on the Website. Any order for Products following such amendments will represent an agreement by you to be bound by the Terms as amended. Such amendments may include replacing these Terms with entirely new Terms.
2.3 ORDERS, DELIVERY TERMS AND PRODUCTS
- Products may be ordered by contacting an UBCO representative or by placing an order on our Website.
- In placing an order, you may be required to supply certain personal information such as your name, email address, delivery address, credit card details and other information. Although UBCO will take all reasonable steps to protect your personal information supplied, UBCO cannot guarantee the complete security of any data you disclose online. You accept the inherent risk of providing personal information electronically and using the Website.
- No order for Products will be binding upon UBCO unless and until its acceptance has been confirmed by UBCO to the Customer.
- All Products are subject to availability. UBCO does not guarantee that Products are in stock and available to order.
- Upon accepting an order, UBCO will agree a delivery date with the Customer.
- You may not cancel an order accepted by UBCO, except with the prior written agreement of UBCO.
- UBCO will use all reasonable endeavors to dispatch orders to meet the agreed delivery date but will be under no liability to the Customer for any delay or failure to make delivery of the Products.
- Products can be delivered by UBCO either directly to the Customer’s nominated location (Ship to Me), or delivered to the Customer’s chosen closest authorized UBCO dealer for collection (Click & Collect).
- Freight charges may apply, either by UBCO or the UBCO dealer as applicable. Freight charges may be passed on to the Customer at the discretion of UBCO.
- Risk in the Products will pass on delivery to the Customer’s designated delivery address or upon collection by the Customer.
- The use of UBCO Products is at the Customer’s sole risk. Please ensure you have read your owner’s manual thoroughly before operating any UBCO vehicle. You must inspect all Products before using them and take full responsibility for assuring that the Products are in good working order and safe to use. You further understand that you are responsible for damage to the Products. If applicable, you understand the nature of riding an electric scooter/motorcycle and related activities and acknowledge that you are qualified to operate such an electric scooter/motorcycle, and are in proper physical condition to participate in such activity. You agree to assume all risks when allowing others to operate your electric scooter/motorcycle. If you are not familiar with the nature of riding an electric scooter/motorcycle, you should seek professional training before operating an electric scooter/motorcycle.
2.4 PRICES AND PAYMENT
- Prices for the Products are as agreed in writing between UBCO and the Customer. UBCO reserves the right to amend the Prices from time to time without notice. For online purchases, prices displayed in the shopping cart at the time the Customer processes the order are deemed the agreed Price. Prices are exclusive of any applicable sales tax. UBCO reserves the right to pass along to the Customer the cost of any applicable sales tax.
- Purchases made online require collection of credit card payment details. The purchase charge will be deducted from the Customer’s credit card when the Customer places the online order. Any transaction fees levied by the Customer’s credit card provider are payable by the Customer.
- Payment for all Products to be supplied by UBCO to the Customer must be made in full prior to shipment.
- Customers will be required to provide their credit card details to UBCO and the third party payment service provider. As a condition of UBCO enabling payment processing services through the payment service provider, you agree to provide UBCO accurate and complete information about you, and you authorize UBCO to share it and transaction information related to your use of the payment service provider services.
2.5 TITLE RETENTION
- Retention of Title: UBCO retains title to, and all ownership rights and interest in, all Products delivered to the Customer until such time as title passes to the Customer.
- Passing of Title: Title and ownership rights in the Products pass to and become vested in the Customer only at the point in time that UBCO has received payment in full in respect of all Products delivered to the Customer).
- Examination of the Products upon Delivery: The Customer must examine the Products immediately upon delivery and notify UBCO in writing within 5 days of delivery, of any defects in the Products which have or appear to have occurred during transportation together with details of the defects. Failure to provide such notice will discharge UBCO from all liability in respect of all defective Products where such defects have occurred during transportation.
- Repair / Replace: Subject to compliance by the Customer with clause 6 a) UBCO may, in its sole discretion, repair or replace Products damaged or lost during transportation.
- UBCO Warranty: Subject to clauses 6 d) to f) (inclusive), UBCO warrants the Products as provided in the Warranty Policy on the Website.
Except as expressly set forth in the above warranty, UBCO makes no express or implied warranties including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. Ubco disclaims all other warranties.
- Procedure: To obtain the benefit of the warranty contained on the Website the Customer must register the Products with UBCO via the Website.
- Limitation of liability: UBCO’s maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising from any defect in, or non-compliance of, the products or any other breach by UBCO of these terms will not in aggregate, exceed the price paid by the customer for the particular product that caused loss, damage or injury.
- No consequential damages: notwithstanding anything to the contrary, in no event shall UBCO be liable to the customer under any cause of action (including without limitation negligence, breach of contract, breach of warranty or any other legal theory) for any special, incidental, indirect, punitive or consequential damages of any kind or lost profits, regardless of whether UBCO or the customer has been advised of the possibility of such damages.
2.7 PROPRIETARY RIGHTS
- All Proprietary Rights in the Products Held by UBCO: All intellectual property rights in the Products, including patents, trademarks, calculations, data, specifications, formulations, designs, drawings, papers, documents, procedures, and any other items, material or information whatsoever given to the Customer by UBCO relating to the Products is owned by UBCO and the supply of Products does not confer any right or license upon the Customer to use, exploit or otherwise utilize any such intellectual property rights.
In relation to the service of notices under these Terms:
- any notice or other document must be in writing and will be deemed to have been duly given by:
- post; or
- by facsimile or email.
- A notice or document is taken to be received:
- if by delivery when it is delivered;
- if sent by post, 5 Business Days after posting; and
- if a facsimile or email, when transmitted to the correct facsimile number or email address of the recipient in its entirety without any notification of delayed or failed delivery.
2.9 PRODUCT DESCRIPTIONS
Details contained on the Website or in other information produced by UBCO relating to the Products, including any descriptions or claims made in relation to Products, have been prepared in accordance with United States law and may not satisfy the laws or regulations of any other jurisdiction. UBCO does not warrant that the details, descriptions or claims on the Website or in other information produced by UBCO concerning the Products will satisfy the laws of any other jurisdiction. It is your responsibility to determine whether the details, descriptions and claims satisfy the laws of the jurisdiction where you reside and if the details, descriptions or claims do not satisfy the laws of your jurisdiction, you should not order any Products from UBCO.
- Governing Law and Jurisdiction: The validity, construction and performance of these Terms is governed by Oregon law. All disputes, claims or proceedings between the parties relating to the validity, construction or performance of these Terms are subject to the non-exclusive jurisdiction of the courts of Oregon to which the parties irrevocably submit.
- Force Majeure: Except for the Customer’s payment obligation, neither UBCO or the Customer are liable for any breach or non-observance of any of these Terms if such breach results from or is caused by reason or on account of any circumstances beyond their control including (but without limitation) acts of God or the Government’s enemies, revolution, rebellion, insurrection, riots, pandemic, civil commotion, strikes, lock-outs of workmen, embargoes, confiscation, expropriation, floods, natural disasters or any inevitable accident. A party shall not be entitled to claim relief under this clause if the failure was caused by a lack of funds of that party.
- Severance: If any part or a provision of these Terms is judged invalid or unenforceable in a jurisdiction, it is severed for that jurisdiction and the remainder of these Terms will continue to operate.
- No Waiver: A provision or right under these Terms may not be waived except in writing signed by the party granting the waiver.
- Costs: The Customer must pay UBCO’s costs (including legal costs, as between solicitor and client) of and incidental to the enforcement of UBCO’s rights, remedies and powers under these Terms.
In these Terms unless the context otherwise requires:
“Business Day” means any day other than a Saturday, Sunday or public holiday in the United Stated.
“the Products” means the products UBCO agrees to supply you, including any spare parts.
“User Manual” means the user manual for the Products that will accompany delivery of the Products.
“Website” means www.ubcobikes.com/us
In these Terms, unless the context otherwise requires:
- reference to any party includes that party’s successors and permitted assigns, including any person taking by way of novation;
- words importing the singular include the plural (and vice versa) and words indicating a gender include every other gender;
- reference to any statute or statutory provision includes a reference to the statute or statutory provision as from time to time amended, extended or re-enacted;
- references to clauses are references to clauses in these Terms;
- references to $ or dollar is to United States Dollars;
- reference to a party, person or entity includes an individual, partnership, firm, company, and any other entity, whether or not incorporated and whether or not having a separate legal personality.
3.0 TERMS & CONDITIONS OF PURCHASE FOR UBCO 2X2 DELIVERY DIRECT TO CUSTOMER OR CLICK AND COLLECT
These Terms apply to purchases of the UBCO 2×2 and should be read in conjunction with UBCO’s General Terms and Conditions of Purchase. These Terms supplement and apply in addition to UBCO’s General Terms and Conditions of Purchase.
3.1 UBCO 2X2 OPERATIONAL FUNCTIONS, SAFETY REQUIREMENTS AND USE LIMITATIONS
It is deemed that you have read and understood all operational functions, safety requirements, and limitations of use of the UBCO 2×2 as outlined in the . You will be required to view and complete a digital training course on the operation of the UBCO 2×2 before your UBCO 2×2 Product is able to be road registered.
3.2 LICENCE REQUIREMENTS
If you are riding the dual-use 2×2 on-road, you may need either a driver’s license or a specific endorsement/license related to the class of vehicle. In most States, the dual-use 2×2 is classified as a moped, motor-driven cycle, motor scooter, low-power scooter, class B limited use motorcycle, motorcycle or other vehicle. Consult your local State’s Department of Motor Vehicles for further details. You are responsible for ensuring that you have all necessary licenses and endorsements to legally operate the dual-use 2×2.
3.3 FINAL ASSEMBLY: DIRECT DELIVERY
Direct Delivery (Ship to Me) requires final assembly by the Consumer. Tools required for final assembly will be provided with the Product. You will be required to complete a digital training course on final assembly before your Product is able to be road registered. If you select the Direct Delivery (Ship to Me) option, you are solely responsible for final assembly of the Product and you assume all risk associated with that assembly.
Full assembly instructions are available here.
If you do not feel confident undertaking the assembly steps, you may prefer to select the ‘Pick up from UBCO Dealer’ option (Click and Collect). The dealer will fully assemble the product for you.
If you require assistance during assembly, contact UBCO customer services at email@example.com.
3.4 FINAL ASSEMBLY: CLICK AND COLLECT
If you select the ‘Pick up from UBCO Dealer’ option (Click and Collect), the product will be delivered to the nominated dealer to carry out final assembly and pre-delivery inspection (PDI). Once UBCO has been notified that final assembly and PDI have been completed, a MCO (Manufacturers Certificate of Origin) for registration (if applicable) will be issued and dispatched and you will be notified your product is ready to collect.
3.5 VEHICLE REGISTRATION
The requirement for on-road registration must be declared at purchase. If registration is required you will be shipped a MCO (Manufacturers Certificate of Origin) form directly when either: (i) you have completed the Final Assembly digital training course; or (ii) the nominated pick up dealer has confirmed to UBCO final assembly and PDI have been completed. The MCO must then be taken to a local Department of Motor Vehicle’s office for vehicle registration and titling. On-road licensing, applicable taxes and fees for title, and registration costs may be additional to the purchase price of the vehicle and payable at the time of registration with the local Department of Motor Vehicle’s office at the owners expense. Please consult your local Department of Motor Vehicle’s office or website to confirmed costs and registration requirements.
Department of Motor Vehicle laws vary by state and you are responsible for ensuring proper registration and operation of the UBCO 2×2. UBCO is not responsible for ensuring your product is legal to use within your local jurisdiction.
3.6 PRODUCT SERVICING & WARRANTY
It is deemed you have read and understood the warranty policy and conditions that apply for warranty validity, including scheduled servicing as outline in the Warranty and Service Log.
In the event of fault, damage, or regular service, all work must be carried out an UBCO authorized technician only. Details of UBCO’s available service network is available here: Dealer Locator. Where warranty is not applicable (e.g. normal wear and tear or accidental damage), the Customer is liable for all service and repair costs.
3.7 RETURN AND REFUND POLICY
- UBCO does not accept returns for change of mind only. Any agreement to accept such a return would be solely at the discretion of UBCO. Except as expressly set forth in these Terms and the General Terms and Conditions, returns will be granted at the sole discretion of UBCO on a case by case basis.
- Subject to the Return Process in clause 8 below, when processing a return refund, it may take 10 to 14 days for funds to be processed to the original credit card of the Customer.
- Product exchanges are subject to availability of the same model of product.
3.8 RETURNS PROCESS
All returns require a Return Authorization (RA) number from UBCO prior to return. Without an RA number the item cannot be accepted or processed.
To activate and get an RA number, contact UBCO by email to firstname.lastname@example.org.
- To return any items due to damage during delivery you must notify UBCO within the time period specified in the General Terms & Conditions.
- To return items for repair or replacement, the Customer must contact UBCO and UBCO will direct the Customer to the closest service location.
- Any other returns, acceptance of such is solely at the discretion of UBCO.
3.9 WAIVER OF LIABILITY; RELEASE
The Customer acknowledges and understands that riding an UBCO 2×2 is a dangerous activity that requires various degrees of skill and experience for individual riders. The Customer understands that these activities can result in serious injury to the person and damages to property and voluntarily assumes any and all risk associated with loss, damage or injury while riding the UBCO 2×2. The Customer is aware of the risks, hazards and dangers of personal injury, death and disability inherent with the specific use of the UBCO 2×2 and that this risk increases with inexperienced riders.
The Customer agrees to release and discharge UBCO and its affiliates, employees, officers, directors, and all other persons or entities acting on their behalf and the manufacture from any and all claims, actions, damages, liabilities, cost or expenses and attorney fees which are related to, arise out of, or are in any way connected to the Customer’s participation or use of the UBCO 2×2, whether or not such claims, actions, damages, liability, cost or expenses are caused by the negligence of the seller, manufacture or distributor.
It is the Customer’s express intention to surrender and waive any rights to sue or exercise any legal rights to seek damages from UBCO and its affiliates, employees, officers, directors, and all other persons or entities acting on their behalf.