TRINITY MTB™ PTY LTD PURCHASE AGREEMENT
AGREEMENT TO PURCHASE: You agree to purchase the bicycle frame or bicycle components (the "Frame") as described in “the documentation” from Trinity MTB Pty. Ltd. ACN 662 240 753 pursuant to the terms and conditions of this Agreement. Your Frame is priced and configured based on the features and options available at the time of your order. Options or features released after you place your order may not be included in your Frame.
DOCUMENTATION: Your Purchase Agreement (the "Agreement") is made up of the following documents (“the documentation”):
PAYMENT: The payment confirms the agreed configuration of your frame and is equal to the full amount of the Frame. The payment must be received prior to close of the pre-order window.
PRICES, TAXES, AND FEES: The purchase price of the Frame as indicated in your order(s) will stipulate whether it includes Australian GST and any shipping costs. It excludes any duties, fees and government taxes that may apply in your home country if purchasing from outside of Australia.
CANCELLATION OR DEFAULT: Your Frame is custom made, and we incur significant costs in the planning, design, sourcing of components and production of your Frame. We also incur significant costs to remarket and re-sell the Frame in the event you cancel or default on this Agreement. Orders can be refunded prior to the pre-order window closing. However, ONCE THE PRE-ORDER WINDOW IS CLOSED, YOUR ORDER IS NON-REFUNDABLE.
DELIVERY: The delivery lead time is subject to change at our discretion. We will make every effort to keep you informed of any changes in a timely manner.
NO RESELLERS: We sell directly to our approved retail partners and consumers, and we may unilaterally cancel any order we reasonably believe has been made with a view towards resale of the Frame or that has otherwise been made in bad faith.
WAIVER: A failure or delay by either party in exercising a power or right given to it under this document does not operate as a waiver of that power or right; nor does a single or partial exercise of a power or right prevent any other or further exercise of it. A waiver by a party of a power or right given to it under this document does not affect any other provision.
DISPUTES: If any dispute arises between Trinity MTB and the purchaser, we will attempt to resolve the dispute in good faith by negotiation. Where both parties agree that it may be beneficial, we will seek to resolve the dispute through mediation.
FORCE MAJEURE: Neither of party will be liable to the other for any delay or failure to fulfill their obligations (excluding payment obligations) under this agreement to the extent that any such delay or failure arises from causes beyond their control, including but not limited to fire, floods, acts of God, acts or regulations of any governmental or supranational authority, war, riot, terrorist activities, strikes, lockouts, lockdowns and industrial disputes.