TERMS & CONDITIONS
There are a few things we need you to know before you proceed.
First up, are our Website Terms of Service and our General Terms & Conditions of Purchase that we ask you to read over.
Then, if you’re buying a 2X2, it’s important that you also carefully read the UBCO 2X2 Terms & Conditions of Purchase. This is very important.
1.0 WEBSITE TERMS OF SERVICE
This website is operated by Quiet Rush Pty Ltd (Quiet Rush) acting as a Dealer and Service Agent for UBCO. Throughout the site, the terms “we”, “us” and “our” refer to Quiet Rush. Quiet Rush 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 unauthorised 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.
Quiet Rush 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.
2.0 GENERAL TERMS & CONDITIONS OF PURCHASE
These General Terms and Conditions of Purchase (“Terms”) apply between Quiet Rush Pty Ltd (“Quiet Rush”), and you (“the Customer”) and govern the purchase of any products (“Products”) by you from Quiet Rush (unless such purchase has been undertaken in conjunction with Specific Terms and Conditions of purchase as specified by Quiet Rush 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.
Quiet Rush 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 a Quiet Rush 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 Quiet Rush will take all reasonable steps to protect your personal information supplied, Quiet Rush 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 Quiet Rush unless and until its acceptance has been confirmed by Quiet Rush to the Customer.
- All Products are subject to availability. Quiet Rush does not guarantee that Products are in stock and available to order.
- Upon accepting an order Quiet Rush will agree a delivery date with the Customer.
- You may not cancel an order accepted by Quiet Rush, except with the prior written agreement of Quiet Rush.
- Quiet Rush will use all reasonable endeavours 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 Quiet Rush either directly to the Customer’s nominated location (Ship to Me), or from our business premises (Click + Collect) after Pre Delivery Inspection (PDI).
- Freight charges may apply. Freight charges may be passed on to the Customer at the discretion of Quiet Rush.
- Risk in the Products will pass on delivery to Customer’s designated delivery address or upon collection by the Customer.
- The use of Quiet Rush 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 Quiet Rush and the Customer. Quiet Rush 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.
- 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 Quiet Rush to the Customer must be made in full prior to dispatch unless credit terms have been agreed with Quiet Rush. All payments must be made without setoff or deduction.
- Where credit terms have been offered by Quiet Rush, late payment will be considered a breach of these Terms and will entitle Quiet Rush to charge default interest at the rate of 15% per annum. The interest will be calculated on a daily basis from the date payment was due until the date payment is received in full by Quiet Rush. Any failure or delay by Quiet Rush to charge interest on any unpaid account or to exercise any of its rights will not operate as a waiver of those rights. Quiet Rush may apportion payments to outstanding accounts as it sees fit.
- Customers will be required to provide their credit card details to Quiet Rush and the third-party payment service provider. As a condition of Quiet Rush enabling payment processing services through the payment service provider, you agree to provide Quiet Rush accurate and complete information about you, and you authorise Quiet Rush to share it and transaction information related to your use of the payment service provider services.
2.5 TITLE RETENTION
- Retention of Title: Quiet Rush 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. The Security Interest of Quiet Rush in the Products extends to and includes all proceeds derived from the Products.
- 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 Quiet Rush has received payment in full in respect of all Products delivered on the terms specified in clause 3j). Until UBCO receives such payment, Quiet Rush’s Security Interest in the Products continues.
PPSA: The Customer acknowledges that Quiet Rush’s Security Interest in all Products and their proceeds is security for payment of all delivered Products and all moneys payable by the Customer to Quiet Rush (whether under these Terms or otherwise). The Customer:
- will, when requested by Quiet Rush, promptly execute any documents and do anything else required by Quiet Rush to ensure that the Security Interest created under these Terms constitutes a first ranking perfected Security Interest over the Products and their proceeds, including any information Quiet Rush reasonably requires to complete a Financing Statement or a Financing Change Statement;
- waives any right to receive a copy of a Verification Statement under the PPSA;
- will pay to Quiet Rush all costs, expenses and other charges incurred, expended or payable by Quiet Rush in relation to the filing of a Financing Statement or a Financing Change Statement in connection with these Terms;
- agrees that nothing in sections 114(1)(a), 116, 120(2), 121, 125 to 127, 129, 131, 133 and 134 of the PPSA shall apply to these Terms;
- acknowledges that these Terms constitute a Security Agreement for the purposes of the PPSA;
- will not allow a Security Interest to be created or registered over the delivered Products in priority to a Security Interest held by Quiet Rush; and
- will on demand, pay all costs and expenses of, or incurred by, Quiet Rush as a result of enforcing any of its rights under clause 5 of these Terms.
- The provisions of clause 2.5 survive termination of these Terms.
- Examination of the Products upon Delivery: The Customer must examine the Products immediately upon delivery and notify Quiet Rush 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 Quiet Rush 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) Quiet Rush may, in its sole discretion, repair or replace Products damaged or lost during transportation.
- UBCO Warranty: Subject to clauses 6 d) to g) (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. These warranties do not detract from the Consumer Guarantees Act.
- 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: Quiet Rush and/or 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 Loss: Quiet Rush and/or UBCO is not liable to the Customer for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by the Customer, or by any other third party, whether direct or consequential arising out of any dispute or contractual, tortious or other claims or proceedings in relation to the Products.
- Exclusion of Other Warranties: Any condition or warranty other than those relating to the title of the Products which might otherwise be implied or incorporated within these Terms by reason of statute or common law or otherwise is expressly excluded to the extent permitted by law.
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 utilise 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 Quiet Rush relating to the Products, including any descriptions or claims made in relation to Products, have been prepared in accordance with Australian law and may not satisfy the laws or regulations of any other jurisdiction. Quiet Rush does not warrant that the details, descriptions or claims on the Website or in other information produced by either Quiet Rush or 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 Quiet Rush.
- Governing Law and Jurisdiction: The validity, construction and performance of these Terms is governed by Australian 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 Australia to which the parties irrevocably submit.
- Force Majeure: Except for the Customer’s payment obligation, neither Quiet Rush, 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 Quiet Rush's costs (including legal costs, as between solicitor and client) of and incidental to the enforcement of Quiet Rush’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 Australia.
“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.quietrush.com.au
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 Standard Terms and Conditions.
- references to $ or dollar is to AU 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 should be read in conjunction 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 2X2 as outlined in the UBCO User Manual. You will be required to view and complete a digital training course on its operation before your product is able to be road registered.
3.2 LICENCE REQUIREMENTS
If you are riding the 2X2 Adventure Bike on-road you will need to comply with your local laws. However, if you are using it as an off-road only, or riding the 2X2 Work Bike as an unregistered vehicle, you won’t require a license.
You are responsible for ensuring that you have all necessary licenses and endorsements to legally operate the 2X2.
3.3 FINAL ASSEMBLY: DIRECT DELIVERY
Direct Delivery (Ship to Me) requires final assembly by the Customer. 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.
Full assembly instructions are available.
If you do not feel confident undertaking the assembly steps, you may prefer to select the ‘Pick up from Dealer’ option. The dealer will fully assemble the product for you.
If you require assistance during assembly, contact UBCO customer services on firstname.lastname@example.org.
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 Quiet Rush as the nominated dealer to carry out final assembly and pre-delivery inspection (PDI). Once UBCO has been notified final assembly and PDI have been completed, you will be advised your vehicle is ready for collection and will be asked if on-road vehicle registration is required.
3.5 VEHICLE REGISTRATION
The requirement for on-road registration must be declared at purchase. If registration is required you will be asked for details of the owning entity and their address details for registration. On-road licensing and registration costs are additional to the purchase price of the vehicle and payable at the time of registration to QuietRush as the Registering agent at the owners expense.
If you have declared on-road registration is not required, no on-road registration will be issued for the product.
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 User Manual.
In the event of fault, damage, or regular service, all work must be carried out an UBCO authorised technician only. Details of UBCO’s available service network is available on the Dealer Locator Map. Where warranty is not applicable (e.g. normal wear and tear or accidental damage), the customer is liable for all service and repair costs.
UBCO’s Warranty does not detract from Customers rights under the Consumer Guarantees Act.
3.7 RETURN AND REFUND POLICY
- Quiet Rush acknowledges its Customers rights under the Consumer Guarantees Act. Further information on these rights can be found here.
- Quiet Rush does not accept returns for change of mind only. Any agreement to accept such a return would be solely at the discretion of Quiet Rush.
- Subject to the Return Process in clause 3.8 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 Authorisation (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 email email@example.com.
- 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 UBCO shall notify the Customer the details of 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 2X2 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 2X2. The Customer is aware of the risks, hazards and dangers of personal injury, death and disability inherent with the specific use of the UBCO 2X2 and that this risk increases with inexperienced riders.
PRODUCT WARRANTY & LEGAL
The following warranty statement applies to all products sold and dispatched after the 1st of October, 2020. For products sold prior to this date, please contact firstname.lastname@example.org or download the 2018 Warranty or 2017 Warranty documents from the Owner Resources page.
This warranty statement applies to all products sold by UBCO Limited (“UBCO”) within the following categories (collectively referred to as the Products):
- Utility Electric Vehicles (UEV) – excluding power supplies.
- Power Supplies (KXH Power Supply) – includes the power supply in your UEV.
This warranty statement should be read in conjunction with any User Manual supplied by UBCO in relation to the relevant Product. The User Manual will contain more specific and detailed information about the relevant Product, its intended operation and use, maintenance, care, parts and limitations.
UBCO warrants to the original retail purchaser that the products shall be free, under normal use and maintenance, from any defects in material or workmanship for the warranty periods set out below, subject to the qualifications, exclusions, conditions and limitations set out in this warranty statement. Where warranty conditions are met, defective products or parts will be repaired or replaced (repair or replacement is at UBCO Limited’s discretion).
STANDARD WARRANTY PERIODS
- UBCO 2X2 – 12 months.
- Portable Power Supplies – 24 months.
- Accessories – 12 months.
- Spare Parts – 6 months.
QUALIFICATION OF UEV WARRANTY
If the 2X2 Bike was purchased from QuietRush as an authorised UBCO dealer or via Click & Collect on the UBCO website, as the Dealer, we must remove the bike from its original packaging, complete the Pre-Delivery Inspection (PDI) and the final bike set-up following instructions provided by UBCO. We must also test ride the bike before final hand over to the purchaser. The Registration Form (page 2 of User Manual) must be signed by the dealer and the purchaser and must specify who assembled and set up the bike. The online registration process via Warranty Registration must also be completed by either the purchaser or dealer.
If the 2X2 Bike was purchased and shipped directly to the purchaser from UBCO, the Pre Delivery Inspection will have already been completed by UBCO before shipment and the following steps must be taken by the purchaser.
- Enrol in and complete the “Your 2X2 Bike Set Up” course on UBCO University (www.ubcouniversity.com).
- Remove the bike from its original packaging and complete the final set-up following the instructions provided on the poster included with the bike and/or online via UBCO University in step 1.
- Complete the Online Registration Form and also fill in the Registration Form at the front of the User Manual.
PRODUCTS NOT REQUIRING A PDI
Products that fall within the Power Supply or Accessory categories (excluding trailers) do not require a PDI but do require proof of purchase as a condition of any warranty claim.
This warranty does not cover:
- Products used other than in accordance with their intended use or the use instructions / parameters set out in the relevant User Manual;
- Products that have been misused, involved in an accident, neglected or abused;
- Products used for competition including but not limited to racing or trials;
- Products used for rental purposes or any commercial application other than those for which the Product is intended and which have been specifically approved by UBCO;
- Products that have been improperly assembled, or where repairs have been made other than by an UBCO certified technician;
- Products that have not been maintained or serviced in accordance with the instructions set out in the relevant User Manual;
- Products altered or modified in any way from the manufacturer’s specifications;
- Parts requiring replacement or repair as a result of normal wear and tear.
SPECIFIC CATEGORY EXCLUSIONS
The following exclusions also apply:
2X2 Warranty Exclusions:
- The planetary gears are considered a wear and tear item and should be regularly inspected and replaced in the event of wear. Wear is related to the level and type of use. Planetary gears and elements of the motor system are designed to protect the main motor. In extreme stress, they may be damaged in order to protect the motor’s integrity;
- If motor maintenance or repair is performed by a non-UBCO Certified Technician, including if the motor is opened or modified;
- If any of the control system parameters are modified from those issued by UBCO for public release;
- If water damage occurs as a result of a 2X2 being used outside of its intended operation and use. Damage includes, but is not limited to; the following component groups: the external controls, electrical system, motors, battery connections and bearings;
- If damage is caused by over-torqueing, cross threading, or other damage due to attempted repair by unauthorised service personnel.
Power Supply Exclusions:
- If the Power supply is left in a discharged state;
- If the Plug connectors (male and female) have not been cleaned and are exposed to dirt, water and other environmental contaminants;
- If the case has been opened or tampered with;
- If there has been damage caused to the external case or structure e.g. from dropping or accidents;
- If used with non-approved or un-certified electrical equipment;
- If the product has been submerged under water.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
In the event that the Competition and Consumer Act 2010 applies, this warranty is to be considered as an express guarantee for the purposes of the Act. Where the terms of the warranty and the provisions of the Act conflict, the provisions of the Act will prevail.
To the maximum extent permitted by law, QuietRush’s maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage, or injury directly or indirectly resulting from any defect in, or non-compliance of, or use of, the Product will not in aggregate exceed the price (excluding GST) for the Product that caused the loss, damage or injury.
Where a User Manual is supplied with a Product, the purchaser of the Product and ultimate end user must review the Manual to understand the operations, limitations, maintenance and care instructions for the Product.
Whilst 2X2 and Portable Power Supplies have fewer moving parts than a combustion engine vehicle or technology they still require maintenance to ensure continued safe operation. Every Product will need scheduled maintenance and care, to ensure your warranty is maintained. This will increase the Product’s lifespan and reduce life time maintenance.