Move Bikes Rental Agreement
Last Updated: 22 Jun 2020
Table of Contents
PART A
Introductory Contract Terms
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PART B
Rental Terms
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PART C
Concluding Contract Terms
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PART D
Rent-to-Buy Terms
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Appendix A
Parts, Replacement & Repair Costs
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§ Rental Plan (PART A, PART B, PART C & APENDIX)
§ Rent to Buy Plan (PARTA, PART C, PART D & APENDIX A)
PART A: Introductory Contract Terms
This is a legally binding agreement between Move Bikes (ABN 29449853004) of 640 Crown Street, Surry Hills NSW 2010(“Move Bikes”, “we”, “us”, “our”) and the person renting an electric bicycle from us, at the time of rental (referred to as "renter",“you”, and “your”).
You and Move Bikes are collectively referred to as “the parties”.
1. Fees
The Renter hereby agrees to pay Move BIkes the fees associated with the plan.
2. Move Bikes’ Bike
The bike you have agreed to rent from us at the time of your Rental
(“Bike”)
3. Security Deposit Deposit: $200
The Deposit is payable by you on taking possession of the Bike and will be retained by Move Bikes as security for the Bike and accompanying U-Lock or a portable foldable lock.
In the event of loss or damage to the Bike or Lock for which you are liable, Move Bikes will apply the Deposit (or part thereof) to the cost of necessary repairs or replacement. Refer to Appendix A of the Move Bikes Rental Agreement forcurrent pricing.
In the event of outstanding rental or repair fees, Move Bikes will , apply the Deposit (or part thereof) to the satisfaction ofsame.
In the absence of damage, loss or outstanding fees, the Deposit will be refunded to you in full within 10 Business Days of the expiry of the Term.
4. Payment Terms
You must pay the deposit before you take possession of the Bike.
Rent Payment Terms Fees are payable weekly, fortnightly or monthly in advance. You are required to subscribe to the appropriate Move Bikes Plan, prior to collecting the Bike. You authorize Move Bikes to debit your nominated debit orcredit card with the amount of the weekly, fortnightly or monthly Fees as and when they fall due.
PART B: Rental Terms
1. Agreement to terms
When you enter a rental arrangement with Move Bikes, the Parties accept all terms and conditions set out in thisAgreement.
In addition, you acknowledge that
● you have received the Bike
● you have read and understood the Move Bikes Rental Agreement and Move Bikes Rider Orientation Guideand agree to comply with all obligations under the same
● you authorize us to share your details with the delivery companies you work for to confirm that you have an active account on their platform.
2. Rental Period
Move Bikes agrees to rent the Bike to you from the Start Date when you took possession of your rental bike from a Move Bikes shop or partner shop.
The parties agree that this agreement starts (and the first payment is taken) on the Start Date specified above andterminates when the agreement has been terminated and the Bike has been returned in accordance with the provisions of this agreement.
3. Rental Fees
You agree to pay Move Bikes the weekly, fortnightly or monthly fees in advance for use of the Bike, in advance.
Fees are payable from the date that you take possession of the Bike until the Bike is returned to Move Bikes, as set out inthis agreement, unless otherwise agreed by the parties in writing.
4. Termination
Either party may terminate this agreement earlier by giving the other party seven (7) days’ notice in writing
If a payment remains outstanding for more than seven (7) Business Days, Move Bikes may terminate this agreementimmediately by giving notice to you in writing. If Move Bikes terminates the agreement for non-payment, you must immediately return the Bike to Move Bikes in accordance with the instructions given in the notice.
5. Return of the Bike
On notification of termination, Move Bikes and you will agree an end date (“End Date”). The End Date must not be lessthan 7 days from the date of the termination notice, unless Move Bikes has consented in writing to an assignment or Move Bikes has terminated the Agreement for non-payment, in which case the End Date will be set out in the notice.
On or before the End Date, you must return the Bike:
a) to a designed Move Bikes Location, on or before the End Date, during operating hours; and
b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted.
The Bike will be deemed returned to the possession of Move Bikes when Move Bikes or their authorized representative signs for the Bike.
The Fees will continue to apply for each day between the date of notification of termination and the End Date, includingthe day of the End Date or, if you fail to return the Bike as set out above or as otherwise instructed by Move Bikes, thedate that the Bike is returned to Move Bikes.
If you do not return the Bike on the End Date then:
a) you must pay Move Bikes Daily Fees for each day between the End Date and the date the Bike is returned, including the day of the End Date;
b) after written notice to you and if the location of the Bike is unknown, Move Bikes may report the Bike as stolen to the Police; and
c) you must compensate Move Bikes for any reasonable costs incurred in recovering the Bike.
PART C: Concluding Contract Terms
1. Late, Missed or Overdue Payment
If a payment is not made for any reason (for example, if there are insufficient funds available in the nominated account),you will incur an administrative fee of $5 per day.
Move Bikes may also refer the matter to a debt collector or solicitor for collection of fees outstanding and repossession ofthe Bike, if applicable, in which case you will be liable to pay to Move Bikes all fees and charges payable in respect of the debt collector’s fees (including any commission), costs associated with recovering possession of the Bike and solicitor’sfees on a full indemnity basis.
2. Personal Properties Securities Register
You acknowledge that Move Bikes may have, now or in the future, a Security Interest in the Bike. Move Bikes reserves the right to perfect its interest, including by registering its interest in the Bike on the PPSR, if Move Bikes forms the opinion that it is necessary to do so to protect its reasonable commercial interests. In that event, Move Bikes may require you to reimburse them the costs of perfection on written notice.
3.0 Location Sharing
You consent to share location data with Move Bikes. The Renter may revoke this consent via a written request to theOwner and swapping the Bike for one that is not GPS-enabled. Move Bikes agrees NOT to share the Rider's location datawith any third party without consent or without removing the identity of the rider.
4. Authorised Use
Move Bikes authorizes you to use the Bike during the Term for reasonable business and personal use, subject to the proviso that such use must be predominantly for business purposes and must not involve operation of the Bike outside of reasonable and safe parameters.
Authorized business use includes commercial delivery services, such as document or food delivery, in accordance with local road rules and legislation.
Authorized personal use includes operation of the Bike on roads in accordance with local road rules and legislation.
Unauthorized Use includes (but is not limited to) any business or personal use involving:
a) the operation of the Bike by any person other than you; and
b) the carriage of any person in addition to you; and
c) the towing of another person, vehicle or other object; and
d) the operation, use or involvement in any way of the Bike in violation of any laws or for an illegal purpose; and
e) any race or competition.
5. Move Bikes Warranty
Move Bikes represents that, to the best of its knowledge and belief, the Bike is supplied to you at the commencement of the Term:
a) in sound and safe condition, suitable for Authorized Use; and
b) free of any known faults or defects that would affect its safe operation under normal use; and
c) in accordance with the manufacturer’s standards.
Apart from this and any other warranty or guarantee set out in this agreement, or which you are entitled to by law, MoveBikes excludes all other warranties or guarantees.
6. Australian Consumer Law
Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing inthis agreement impacts your rights under Australian Consumer Law, including your right to a remedy if we fail to meet aconsumer guarantee.
7. Limitation of Liability
Where our products and/or services fall within the scope of the Australian Consumer Law, we limit our liability to you to the fullest extent permissible under section 64A of the Australian Consumer Law to (at our option) supplying the goods orservices again or the cost of replacing the goods or having the services supplied again. We specifically exclude liability for negligence and for consequential loss or damage, including loss of business profits (except to the extent that any such consequential loss is incurred because of a failure to meet a consumer guarantee under the ACL).
Where our services fall outside the scope of the Australian Consumer Law, we exclude all liability to you (including liabilityfor negligence and consequential loss or damage, including loss of business profits) and you hereby waive, release anddischarge, on a continuing basis, all claims you have or may have against us relating to the provision of the services,however arising.
8. Your Warranties
You warrant that you:
a) have been advised by Move Bikes that it is recommended you obtain and maintain appropriate public liability insurance coverage for loss or damage caused to persons or property in connection with your use of the Bike;and
b) will only use the Bike for an Authorized Use; and
c) will use the Bike predominantly (more than 50% of the time) for business purposes; and
d) will not use or permit the Bike to be used for any Unauthorized Use; and
e) will operate the Bike in a safe and reasonable manner and not in any negligent manner; and
f) will, at all times during the Term while the Bike is not in use, lock the Bike using the supplied U-Lock inaccordance with all reasonable directions of Move Bikes, including as set out in the Safety, Security andMaintenance Guide, as amended from time to time.
You indemnify Move Bikes in respect of any loss or damage arising out of any warranty given in this clause beingincorrect or any breach of any such warranty and will be solely responsible for all loss and damage so arising, including(but not limited to) all associated, tickets, fines, and fees.
9. Responsibility for Loss and Damage
You hereby acknowledge that you are liable for:
a) the loss of, and all damage to, the Bike during the Term of this agreement; and
b) all damage to any person or the property of any person:
i. which is caused or contributed to by you or any person you allow to drive the Bike, including flat types;or
ii. which arises from the use of the Bike by you or any person you allow to drive the Bike.
In the event of loss or damage to the Bike or other loss or damage arising in connection with the use of the Bike, you must:
a) provide Move Bikes with details of the incident including
i. an accurate description of the incident e.g. state stolen and the location,
ii. name, address and license number, of any other person involved,
iii. registration of any other vehicles involved,
iv. names and station of any police officers involved;
b) promptly report the incident in writing to Move Bikes, together with a copy of the police report and event number, in the event the Bike is stolen;
c) return all parts of the Bike which have not been damaged or stolen (e.g. lock, keys, battery, charger, etc) to Move Bikes.
Damage & Theft: In case of Damage & Theft, your liability for loss or damage to the Bike will be $200 plus the bike retail price plus accessories.
You agree pay such amount immediately on demand.
10. Maintenance, Security and Safety
You hereby agree to comply with the following for the Term:
a) maintain the Bike to the same standard in which the Bike is supplied to you in (including by complying with alladditional servicing or repairs recommended by Move Bikes at any service);
b) complete the safety and maintenance checks outlined in the Move Bikes Safety, Security and MaintenanceGuide;
c) keep the Bike locked to an immovable object (e.g. post or railing) using the U-Lock provided by Move Bikes (or similar) when it is unattended;
d) comply with all applicable transport laws;
e) attend at a nominated Move Bikes location with the Bike for the Bike to be serviced every 1500-2000km travelled;
f) attend at a nominated Move Bikes location with the Bike as directed by Move Bikes for a service within 7 days of being requested to by Move Bikes;
g) refrain from servicing or causing the Bike to be serviced otherwise than at a designated Move Bikes location.
Regular servicing as set out above is necessary for Move Bikes to ensure the continued safety of the Bike. It is critical toyour ongoing use of the Bike that you attend scheduled services as set out above. If you fail to attend a scheduled serviceas required.
Standard services are provided at no cost to you during the Term, however if Move Bikes or their representative identifiesany damage requiring repair (apart from fair wear and tear), including (but not limited to) a flat battery, flat or punctured tyre (snake bite), lost keys to locks or other accidental damage, you will be responsible to pay for such repairs. Refer to Appendix A of Move Bikes Rental Agreement for current pricing.
Move Bikes is committed to organizing additional services if they become aware of any potential issues or faults with theBike. Accordingly, it is critical to your ongoing use of the Bike that you attend
unscheduled services as directed by Move Bikes. If you fail to attend a directed service as required, a late fee of $10 per day will be incurred.
The late fees set out in this clause have been designed to protect the interests of both parties in the continued safety of theBike.
11. Dispute Resolution
If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings(except where they seek urgent interlocutory relief), unless they have first complied with this clause.
The party must inform the other party in writing of the nature of the dispute, the outcome they desire to resolve the dispute, andthe action they believe will settle the dispute. On receipt of the notice by the other party, both parties will make every effort toresolve the dispute by mutual negotiation within 20 Business Days.
If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of New South Wales appoint a mediator) and will beequally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Sydney, New SouthWales.
All communications made by the parties arising out of this dispute resolution clause are confidential and to the maximum extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
For avoidance of doubt, nothing in this clause prohibits, prevents or delays Move Bikes from engaging the services of a debtcollector or solicitor to recover overdue amounts.
This clause survives termination of this agreement.
12. Assignment
You may elect to assign your rights and obligations under this agreement to another person, subject to Move Bike’s writtenapproval. Such approval may be subject to the provision of additional information and conditions. Move Bike’s decision on assignment will be final. In the event of an assignment, you must pay all charges up and including the effective date ofassignment.
13. Relationship of Parties
This is a contract for supply of goods and services and is not intended to create any other relationship between the parties, such as employment, agency, contractor and principal or franchisee and franchisor.
14. Changes to terms
An amendment or variation of any term of this agreement must be in writing and signed by each party.
15. Definitions
ACL or Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Authorised Use means the use for which you are authorised by Move Bikes to use the Bike, as set out in clause 4 of this Part C.
Business Day means a day on which banks are open for business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
Consumer Credit Legislation means the National Consumer Credit Protection Act 2009 including the National Credit Code contained in Schedule 1 to that Act.
Consumer Price Index means the percentage increase in price for a fixed basket of goods and services purchased bythe average household in 8 capital cities around Australia for the year to the latest quarter, as determined by the Australian Bureau of Statistics.
End Date means the date agreed between you and Move Bikes to return possession of the Bike to Move Bikes, should either Move Bikes or you notify the other of termination of this agreement (but not including if Move Bikes notifies you oftermination of this agreement due to your non-payment of fees or charges owing under this agreement – in that case the end date will be specified in the notice of termination).
PPSA means the Personal Properties Securities Act 2009 (Cth).
PPSR means the Personal Properties Securities Register, given effect by the PPSA.
Safety, Security and Maintenance Guide means the Move Bikes’ Safety, Security and Maintenance Guide that will begiven to you on your initial collection of the Bike from Move Bikes.Security Interest has the same meaning given to it in the PPSA.
Start Date is the date when you took possession of your rental bike from a Move Bikes shop or partner shop.
Term means: the period between the Start Date and the date that Move Bikes re-takes possession of the Bike or the datethis agreement is terminated (whichever is later), inclusive; or
U-Lock means the bicycle lock provided to you by Move Bikes for the purposes of securing the Bike when leaving itunattended.
Unauthorised Use means any used other than an Authorised Use, as set out in clause 4 of this Part C
Weekly Fees means the weekly rental fees payable by you to Move Bikes.
16. Interpretation
In this agreement the following rules of interpretation apply, unless the contrary intention appears or context otherwiserequires:
a) Headings and subheadings are for convenience only and do not affect the interpretation of this agreement.
b) References to clauses, Schedules, annexures, appendices, attachments and exhibits are references to theclauses of, and the Schedules, annexures, appendices, attachments and exhibits to, this agreement.
c) References to parties are references to the parties to this agreement.
d) References to a party to any agreement or document include that party's permitted assignees and successors,including executors and administrators and legal representatives.
e) Words denoting the singular include the plural and words denoting the plural include the singular.
f) Words denoting any gender include all genders.
g) The word 'person' includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and any Government Agency.
h) A reference to any agreement or document (including this agreement) includes any amendments to or replacements of that document.
i) A reference to a law includes:
a. legislation, regulations and other instruments made under legislation and any consolidations,amendments, re-enactments or replacements of them;
b. any constitutional provision, treaty or decree;
c. any judgment;
d. any rule or principle of common law or equity, and is a reference to that law as amended,consolidated, reenacted, replaced or applied to new or different facts.
j) No provision of this agreement will be construed adversely to a party because that party was responsible for the preparation of that provision or this agreement.
k) A reference to time is a reference to the time in Sydney, New South Wales unless otherwise specified.
l) A reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hourslater.
m) If any act is required to be performed under this agreement by a party on or by a specified day and the act isperformed after 5.00 pm on that day, the act is deemed to be performed on the next day.
n) If any act is required to be performed under this agreement on or by a specified day and that day is not aBusiness Day, the act must be performed on or by the next Business Day.
o) A reference to an amount of dollars, Australian dollars, $ or A$ is a reference to the lawful currency of theCommonwealth of Australia, unless the amount is specifically denominated in another currency.
p) Specifying anything in this agreement after the terms 'include', 'including', 'includes', 'for example', 'such as' or any similar expression does not limit the sense of the words, description, definition, phrase or term precedingthose terms unless there is express wording to the contrary.
q) Where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meaning.
PART D: Rent-to-Buy Terms
The terms and conditions set out in this part apply to you (in addition to the terms set out in Part A and Part C) only if you are entering into an agreement with Move Bikes to rent-to-buy an Bike (not Rent Only).
1. Rent-to-Buy Fees
You agree to pay Move Bikes the Weekly Fees for use of the Bike weekly, fortnightly or monthly in advance.
Weekly Fees are payable from the date that you take possession of the Bike until the ownership of the Bike is transferred to you or the Bike is returned to Move Bikes, as set out in this agreement, unless otherwise agreed by the parties in writing.
2. Rent-to-Buy Period
Move Bikes agrees to rent the Bike to you from the Start Date when you took possession of your rental bike from a Move Bikes shop or partner shop.
The parties agree that this agreement starts (and the first payment is taken) on the Start Date specified above and terminates whenthe agreed period of time, outlined in the Move Bikes app, has finished. At this time, you will gain full ownership of the bike.
3. Early Buy-Out
If you wish to take ownership of the Bike prior to the end of the Rent-to-Buy Period, Move Bikes may agree (in its absolute discretion)to an early transfer subject to such further terms and fees as Move Bikes specifies.
4. Termination
This agreement will terminate at the end of the Rent-to-Buy Period after fulfilment of all obligations under this agreement, including theobligation to transfer ownership of the Bike to you.
Either party may terminate this agreement earlier by giving the other party seven (7) days’ notice in writing. If you elect to terminatethis agreement early, you understand and agree that you are forfeiting any right, entitlement or credit towards the purchase price of theBike and Move Bikes will be under no obligation to provide any refund, credit or transfer ownership of the Bike to you.
If a payment remains outstanding for more than seven (7) Business Days, Move Bikes may terminate this agreement immediately bygiving notice to you in writing. If Move Bikes terminates the agreement for non-payment, you must immediately return the Bike to Move Bikes in accordance with the instructions given in the notice.
5. Return of the Bike
If the Bike is to be returned to Move Bikes due to termination, you and Move Bikes will agree an end date (“End Date”). The End Datemust not be less than seven (7) days from the date of the termination notice, unless Move Bikes has consented in writing to anassignment or Move Bikes has terminated the agreement for non-payment, in which case the End Date will be set out in the notice.
On or before the End Date, you must return the Bike:
a) to a designed Move Bikes Location, on or before the End Date, during operating hours; and
b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted.
The Bike will be deemed returned to the possession of Move Bikes when Move Bikes or their authorised representative signs for theBike.
Fees will continue to apply for each day between the date of notification of termination and the End Date, including the day of theEnd Date or, if you fail to return the Bike as set out above or as otherwise instructed by Move Bikes, the date that the Bike isreturned to Move Bikes.
If you do not return the Bike on the End Date then:
a) you must pay Move Bikes Weekly Fees for each day between the End Date and the date the Bike is returned, including the day of the End Date;
a) after written notice to you and if the location of the Bike is unknown, Move Bikes may report the Bike as stolen to the Police; and
b) you must compensate Move Bikes for any reasonable costs incurred in recovering the Bike.
6. Transfer of Ownership
At the end of your Rent-to-Buy Period (or sooner in the case of an early buy-out), if:
a) all fees and charges owing to Move Bikes in respect of this agreement have been paid; and
b) all of your obligations under this agreement have been fulfilled;
then,
c) Move Bikes will transfer ownership of the Bike to you; and
d) this agreement will terminate.
You agree that you will promptly complete, execute and return all paperwork prepared by Move Bikes for the purposes of transferring ownership in the Bike to you.
You acknowledge and agree that on transfer of ownership of the Bike to you, this agreement terminates and all obligations incurredby Move Bikes under this agreement (in particular but not limited to those relating to servicing, maintenance and insurance of the Bike) expire, save for those provisions which survive termination.
7. Risk
Risk in the Bike remains with Move Bikes until ownership of the Bike is formally transferred to you, at which time risk in the Bike transfers to you.
Term means:
a) for a Rental Only plan, the period between the Start Date and the date that Move Bikes
re-takes possession of the Bike or the date this agreement is terminated (whichever is later), inclusive; or
b) for a Rent-to-Buy plan, the period between the Start Date and the date that Move Bikes transfers ownershipof the Bike to you, re-takes possession of the Bike or the date this agreement is terminated, inclusive.
Appendix A
Parts
Replacement Cost
WHEELS
Front wheel
$ 110.00
Rear wheel
$ 225.00
Tubes (Flat tire)
$ 25.00
Spoke (each)
$ 10.00
Tire
$ 55.00
DRIVETRAIN
Derailleur
$ 70.00
Chain Ring
$ 120.00
Chain
$ 45.00
Shifters
$ 85.00
Shifters Cable
$ 35.00
BRAKES
Left Brake Lever
$ 150.00
Right Brake Lever
$ 70.00
Brake Cable
$ 25.00
Disc Brake Pads
$ 30.00
Front Disc Brake Rotor
$ 60.00
Rear Disc Brake Rotor
$ 45.00
POWER
LCD Display
$ 115.00
Charger
$ 55.00
Battery - 13AH
$ 725.00
Battery - 16AH
$ 825.00
Battery - 18AH
$ 910.00
Trays battery
$ 35.00
ACCESSORIES
Mudgraurd Front
$ 40.00
Mudguard Rear
$ 40.00
Light - Front
$ 45.00
Light - Rear
$ 25.00
Locker
$ 120.00
Bell
$ 15.00
Grips
$ 24.00
Kickstand
$ 45.00
Keys Replacement
$ 120.00
Saddle
$ 50.00
Seatpost
$ 35.00
Rack Rear
$ 119.00
Handlebar
$ 80.00
Phone Holder
$ 20.00
Note: if there is significant damage i.e. to multiple parts of the bike or to parts not on this list, Move will settle this with the rider after servicing or return of the bike
● I have witnessed the Renter’s signature of the Rental Agreement and Warranty and Waiver;
● I have witnessed the Renter operate the Bike under controlled conditions and I am comfortable they understand how to use it safely;
● I am comfortable that the Renter comprehends the Move Bikes Rider Guide and understands how to follow the guidelines to stay safe while riding;
● the Bike has been supplied to the Renter in accordance with the manufacturer’s standards and is safe and roadworthy. I acknowledge that the purpose of this Declaration and Acknowledgement is to help ensure the Renter’s safety and the safety of other road users when using the Bike under the agreement. I warrant that I am authorised to represent the Owner and complete this Declaration and Acknowledgement on their behalf.
MOVE BIKES
BSB: 062-148 Account Number: 10634818 ABN: 29449853004