Website & Sale Terms and Conditions
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
Website Terms and Conditions
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
Dealer Sale Terms and Conditions
Orders shall be made with Leon Cycle. Leon Cycle understands that its timely acceptance of orders from Dealers hereunder is an important element of the terms and conditions Leon Cycle shall have 3 business days after its receipt to accept (or reject for a legitimate business reason) any order submitted by the Dealer. Should Leon Cycle fail to timely accept or reject an order from the Dealer in accordance with this section, such order shall be deemed accepted and shall become binding on the Leon Cycle. All orders shall be fulfilled by the Leon Cycle within 7 business days of order acceptance subject to stock availability.
Dealer Prices:
Leon Cycle agrees to sell, and the Dealer agrees to purchase, the Products in accordance with agreed price level. Such prices may be subject to future price increases. In this event Leon Cycle will give 14 days’ notice to the Dealer of any price increases. Any such changes shall not apply for any order(s) accepted prior to the effective date of the increase.
Dealer Freight:
Freight costs will be displayed on the tax invoice. Leon Cycle will strive to meet the requirements of the requested delivery date. However, Leon Cycle will not be held liable for any loss that the Dealer suffers as a result of delay or failure to deliver goods by the courier company.
Dealer Terms of Sale:
All sales by the Leon Cycle shall be in accordance with the terms and conditions of this Agreement.
Dealer Payment:
The Dealer shall make payment for orders at the time they are placed or unless a credit facility has been established. Payment of orders on credit are to be made in accordance with the number of agreed credit days and within the credit limit. Should there be any payment outstanding outside of agreed payment terms, the Dealer agrees to pay any debt collection fees/charges or legal fees incurred by Leon Cycle in recovering the debt and acknowledges that the outstanding amount may be reported to credit agencies as a default.
Debt Recovery
The Dealer unconditionally and irrevocably guarantees the punctual payment to Leon Cycle of the total outstanding under this Agreement.
Where Leon Cycle extends credit to a Dealer, payment obligations under this Agreement may be secured by one or more personal guarantees executed by directors, proprietors, or other authorised persons in connection with the Dealer's credit application. Such guarantees form part of this Agreement.
The Dealer agrees that:
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it will pay the total outstanding on the due date without set off or deduction; and
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it unconditionally and irrevocably indemnifies Leon Cycle against all claims, liabilities, losses and reasonable costs and expenses, including solicitors’ costs that Leon Cycle incurs if the any amount owed by the Dealer pursuant to this Agreement is not paid to Leon Cycle within 7 days of its due date for any reason;
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the Dealer’s obligations under this Agreement are not discharged by the partial payment of any of amount due and continue until the total outstanding has been paid in full;
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the Dealer must make all payments under the Agreement in immediately available funds to the place and in the manner set out in this agreement or if not set out then as Leon Cycle reasonably requires;
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the Dealer agrees that it will pay interest at the rate of 10% per annum on any amount which is due for payment under this Agreement, but which is not paid on the due date. Interest will accrue on daily balances from the due date until such time as all amounts are paid in full and is payable on demand;
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pursuant to rule 6.14 of the Magistrates’ Court General Civil Procedure Rules 2020 or equivalent court rules, the Dealer expressly agrees and acknowledges that Leon Cycle may serve any originating process or other court document in any proceedings by email to the address specified in the recitals above. This agreement constitutes an undertaking binding upon the Dealer for the purposes of rule 6.14 or equivalent court rules and service in accordance with this clause shall be deemed sufficient service for all purposes.
Security Interest Over Guarantor Assets:
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should any personal guarantee be provided in connection with this Agreement, Leon Cycle is entitled to treat such guarantee as security for all outstanding amounts due under this Agreement; and
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the Dealer acknowledges that Leon Cycle may register a financing statement on the Personal Property Securities Register (PPSR) against any company or trust entity referred to in the credit application, and over assets of any guarantor named therein, without further notice to the Dealer or guarantor; and
Caveat Lodgement Authority:
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if a personal guarantee has been provided by an individual director or other person, such person hereby authorises Leon Cycle to lodge a caveat against any registered land owned by them as security for all guaranteed obligations under this Agreement. The guarantor agrees to provide Leon Cycle with details of the title reference(s) of any such property within 14 days of executing the guarantee and promptly upon acquiring any additional real property; and
Cross-Collateralisation:
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all amounts due from the Dealer (and any related entities or guarantors) under this Agreement are cross-collateralised, meaning that any security interest granted by a guarantor secures not only the specific debt arising from the order to which it relates but all present and future debts owed by the Dealer or any associated entity; and
Perfection of Security:
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Leon Cycle may at any time, in its sole discretion, require further documentation, registration, or action from the Dealer or guarantor to perfect or maintain any security interest. Failure to comply within 14 days of request constitutes an event of default under this Agreement; and
Priority Acknowledgement:
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the Dealer and each guarantor acknowledge that Leon Cycle's security interests may rank ahead of subsequent encumbrances over the same assets, and agree not to dispose of, sell, or further charge any asset subject to a registered security interest without Leon Cycle's prior written consent.
Title of Goods
Ownership of the goods will not transfer to the Dealer until payment is received in full for each order. It is agreed that in this case any order that are unpaid, that the Dealer shall retain the goods in such a manner that they are readily identifiable as Leon Cycle’s property. The goods supplied shall nevertheless be stored at the Dealer's risk. If the order is not paid, then the Dealer agrees that the Leon Cycle's property is to be returned to the Leon Cycle, or Leon Cycle will be allowed entry into the Dealers property to remove all property that belong to Leon Cycle on invoices unpaid.
Dealer Warranty
All our products come with 12 months warranty on all electronic parts (including battery, motor, controller, display) also a 2-year warranty on the bike frames.
Apart from manufacture defects that could be present, parts that wear due to normal use (such as tyres, brake pads, chains, etc.) are not included in the warranty but may be replaced on a case-by-case basis within the first 6 months.
An outgoing goods inspection is always carried out before the goods are delivered, but we recommend that you inspect the delivered goods after you receive them. Should you notice any damage, please contact Leon Cycle as soon as possible so that we can discuss the next steps.
If the Dealer notices any packaging and/or transport damage on delivery, we ask you to have this confirmed in writing by the carrier upon delivery and to notify us.
We recommend that you keep the damaged packaging as evidence wherever possible.
Dealer Returns Policy
Leon Cycle assesses each refund and/or return enquiry on a case-by-case basis. Depending on the case the Dealer may be entitled to a replacement, credit, or refund.
Return Procedure:
- Login to your account https://www.leoncycle.co.nz/_myacct and then click on the Resolution Centre here: https://www.leoncycle.co.nz/_myacct/warranty
- Click on “Open a New Dispute” and fill in all the details of your issue.
- Discuss the issue with Leon Cycle (you can refer to your dispute number) and obtain an RMA reference number for the return or submit a dispute through the website.
- Package the item and return to Leon Cycle indicating the RMA number.
- After the item is received, Leon Cycle will assess within 2-3 business days and either ship out a replacement item, provide a credit or refund.
Note: No warranty claim can be made without raising a dispute number or RMA number through your account on the website.
Shipping Costs
Return cost of the faulty parts to Leon Cycle will be the responsibility of the Dealer. If there is an item that needs to be returned that is deemed as faulty under warranty, the replacement item return shipping cost will be the responsibility of Leon Cycle. If the item returned is found to have no faults the return cost will be the responsibility of the Dealer.
Dealer Payment Chargebacks
In the case that payment was made by using any third payment processor, (either automatically during checkout or manually processed), the Dealer/Customer agrees that they are liable for any chargebacks that may be issued by the third party payment processor at any time in the future after the third payment processor has approved the transaction. The amount of chargeback will become due and payable imediately by the Dealer/Cusotmer.
Responsibilities of Dealer
Dealer agrees that it will diligently perform the services and obligations detailed in this terms and conditions. The operations of Dealer are under its sole and exclusive control, including without limitation supervision of, and liability for expenses incurred with respect to, employees. The Dealer will use best reasonable efforts to sell the Products.
The Dealer agrees to provide the labor for warranty repairs at no charge to the Leon Cycle. If the dealer decides to sell to a remote customer, they acknowledge that they are responsible for managing any warranty process related to that sale and the labor cost component, if it is deemed appropriate for the repair to take place at another location other than the Dealer. Leon Cycle will provide parts free of charge for any warranty repair that is processed through our RMA procedure.
Confidential & Proprietary Information
A. As used herein, the term "Proprietary Information" means any information, technical data, or know-how (including, but not limited to, information relating to products, software, services, development, inventions, processes, techniques, customers, pricing, internal procedures, business and marketing plans or strategies, finances, employees and business opportunities) disclosed by one Party (the “Disclosing Party") to the other (the “Recipient Party") either directly or indirectly in any form whatsoever, including, but not limited to, in writing, in machine readable or other tangible form, orally or visually.
B. Unless otherwise expressly authorized by the Disclosing Party, the Recipient Party agrees that it and any of its personnel receiving Proprietary Information under this Agreement shall treat such Proprietary Information in strict confidence with the same degree of care applied to its own Proprietary Information of like importance, which it does not wish to disclose, publish, or disseminate to third parties.
C. In no event will the Recipient Party divulge, in whole or in part, such information to any third party without the prior written consent of the Disclosing Party; provided. The Recipient Party may disclose the Proprietary Information to the extent required by a valid order by a court or other governmental body or by applicable law; provided, however, that the Recipient Party will use all reasonable efforts to notify Disclosing Party of the obligation to make such disclosure in advance of the disclosure so that Disclosing Party will have a reasonable opportunity to object to such disclosure.
D. Notwithstanding any other provisions of this Agreement, each party acknowledges that Proprietary Information shall not include any information that is already known to the Recipient Party at the time of disclosure, or becomes publicly known through no wrongful act of the Recipient Party's part.
(1) Is rightfully received by the Recipient Party from a third party without breach of this Agreement.
(2) Is independently developed by the Recipient Party without benefit of information received under this Agreement.
(3) Is furnished to a third party by the Disclosing Party without a restriction on the third party's right to disclose it; or
(4) Is explicitly approved for release by written authorization by the Disclosing Party.
(E) It is understood that all Proprietary Information disclosed under this Agreement, is, and shall remain, the property of the Disclosing Party. Upon completion of this Agreement, or upon written notice from the Disclosing Party, the Recipient Party agrees to return all Proprietary Information in its possession.
(F) The Recipient Party acknowledges that the Disclosing Party, because of the unique nature of the Proprietary Information, would suffer irreparable harm if the Recipient Party breaches its obligation under this Agreement and that monetary damages would be inadequate to compensate the Disclosing Party for such a breach. The Parties agree that, in such a circumstance, the Disclosing Party shall be entitled, in addition to such monetary relief as may be applicable, to injunctive relief as may be necessary to restrain any continuing or further breach by the Recipient Party, without showing or proving any actual damages sustained by the Disclosing Party.
(G) The obligations of the Recipient Party under this Section 6 shall survive termination or nonrenewal of this Agreement for a period of 5 years.
(H) Leon Cycle provides to the dealer confidential information as dealer resources which includes such items as Bill of Material parts list, Product Images, Promotional material and specifications. These are provided only on the sole basis for the dealer to use in their physical store and are not permitted to be used online on dealer websites, marketplaces or social media unless the dealer obtains written consent to do so from Leon Cycle. Such breach may result in the termination of the dealer account with Leon Cycle.
Indemnification & Limitation of Liability
Force Majeure
Neither Party shall be held liable for any failure to perform that is due to any cause or circumstance beyond the reasonable control of such party, including without limitation a demand for such products and other products manufactured by Leon Cycle which exceeds Leon Cycle's ability to supply them, earthquakes, fire, accidents, floods, storms, other Acts of God, riots, wars, rebellions, strikes, lockouts or other labor disturbances, national or international emergencies, failure to secure materials or equipment from usual sources of supply, failure of carriers to furnish transportation, government rules, regulations, acts, orders, restrictions or requirements or any other cause or circumstance beyond the reasonable control of such Party. No such inability to deliver or delay in delivery shall invalidate the remainder of this Agreement.
Trademarks
Dealer shall not dispute or contest for any reason whatsoever, directly, or indirectly, during the term of this Agreement and thereafter, the validity, ownership or enforceability of any of the trademarks of Leon Cycle, nor directly or indirectly attempt to acquire or damage the value of the goodwill associated with any of the trademarks of Leon Cycle, nor counsel, procure or assist any third Party to do any of the foregoing.
Dealers will not institute any proceedings with respect to the trademarks of Leon Cycle either in Dealer's own name or on behalf of Leon Cycle without express written permission of Leon Cycle. Dealer shall assign to Leon Cycle, without charge, any rights in the trademarks of Leon Cycle that may inure to the benefit of Dealer pursuant to this Agreement or otherwise.
Dealers shall execute any documents or do any acts that may be required to accomplish the intent of this Section.
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