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:
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.ubco.com
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.
2.13 PEAK DESIGN X UBCO – WIN ONE OF TWO BIKES SWEEPSTAKES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: Sweepstakes (the "Sweepstakes") is open only to those who sign up at the online sweepstakes page and who are at least 18+ years old at the time of entry. The sweepstakes is open to the legal residents of the United States and is void where prohibited by law. Employees of Ubco Bikes US, LLC (the "Sponsor") their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Ubco Bikes US, LLC, as final and binding as it relates to the content. The Sweepstakes is subject to all applicable federal, state and local laws.
3. Sweepstakes Period: Entries will be accepted online starting on or about 03/15/2023 at 12:00 am and ending 03/25/2023 at 11:59 pm. All times are Oregon.
4. How to Enter: The Sweepstakes must be entered by submitting an entry using the online form provided on this site. The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Ubco Bikes US, LLC. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple e-mail addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Ubco Bikes US, LLC.
5. Prizes: The approximate retail value of each prize is $6,999. The prizes are: 2 x 2023 UBCO Special Edition Bikes to be won by two entries. You are not guaranteed to win a prize and your chance of winning is dependent on the total number of eligible entries received. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is non-transferable. Any and all prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Ubco Bikes US, LLC to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner selection and notification: Winners of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor. Winners will be notified via e-mail to the e-mail address they entered the Sweepstakes with within five (5) days following the winner selection. Ubco Bikes US, LLC shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected. The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by you: By entering this content you understand that Ubco Bikes US, LLC, anyone acting on behalf of Ubco Bikes US, LLC, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
9. Terms: Ubco Bikes US, LLC reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Ubco Bikes US, LLC may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Ubco Bikes US, LLC. Ubco Bikes US, LLC reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.
Ubco Bikes US, LLC has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Ubco Bikes US, LLC reserves the right to seek damages from any such person to the fullest extent permitted by law.
By entering the Sweepstakes you agree to receive email newsletters periodically from Ubco Bikes US, LLC. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
10. Limitation of Liability: By entering you agree to release and hold harmless Ubco Bikes US, LLC and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
11. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF United States AND Oregon, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Oregon having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
13. Winners List: For the names of the winners, please contact us at and in the body of the email type 'Please e-mail me the winners' list for the Ubco Bikes US, LLC Sweepstakes.
14. Sponsor: The Sponsor of the Sweepstakes is Ubco Bikes US, LLC, 1939 W 2nd Ave, Eugene, OR 97402, Eugene, Oregon, United States.
15. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the owner of this sweepstakes and not to Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google.
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 2X2 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 2X2 as outlined in the . You will be required to view and complete a digital training course on the operation of the UBCO 2X2 before your UBCO 2X2 Product is able to be road registered.
3.2 LICENCE REQUIREMENTS
If you are riding the 2X2 Adventure Bike 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 2X2 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 2X2 Adventure Bike.
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 on the Owners Resources page.
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 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 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 2X2. 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 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, 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 UBCO2X22 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.
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 2X2, 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.