James' Bike Shop

E-Cargo Bike Trial Terms & Conditions

Family. E-bikes. Cargo. Anywhere.

These Terms & Conditions apply to all bicycle, e-bike, cargo bike, and accessory trials provided by James' Bike shop ("we", "us").

By participating in a trial with us, the rider / customer ("you") agrees to the terms below.

1. Trial Equipment

This agreement applies to any bicycle, e-bike, cargo bike, accessories, child seats, locks, chargers, helmets, keys, and any other equipment supplied by James' Bike shop ("Trial Equipment").

2. Trial Period

The trial begins at the agreed start time and ends at the agreed return time recorded on the Trial Form, unless extended by James' Bike shop in writing or by confirmed message.

The Trial Equipment must be returned on time and in the same general condition as supplied, fair wear and tear excepted.

3. Payment

Full payment is required before the trial begins unless otherwise agreed in writing.

A bond or security deposit may be required and may be used to cover:

  • late return fees
  • excessive cleaning
  • missing accessories
  • damage beyond normal wear and tear
  • theft or loss

Where applicable, any remaining bond will be refunded after the Trial Equipment has been checked and accepted back.

4. Safe and Lawful Use

The rider agrees to use the Trial Equipment safely, responsibly, and in accordance with all New Zealand laws, traffic rules, and local bylaws.

The rider must not:

  • ride dangerously or recklessly
  • ride under the influence of alcohol or drugs
  • overload the bicycle
  • carry more passengers than the bike is designed for
  • use the bike for racing, stunts, jumps, or misuse
  • use the bike for any unlawful purpose
  • tamper with, modify, or attempt unauthorized repairs

Only the approved rider(s) may use the Trial Equipment.

5. Helmets and Passenger Safety

The rider agrees to ensure all riders and passengers wear helmets where required by law.

If carrying children or passengers, the rider accepts full responsibility for ensuring they are carried safely and in accordance with:

  • the bike's design
  • the manufacturer's weight limits
  • the seating or child restraint system supplied

Children and passengers must only be carried in approved seating areas where applicable.

6. E-Bikes and E-Cargo Bikes

The rider acknowledges that e-bikes and e-cargo bikes are heavier and may handle differently from standard bicycles.

The rider agrees to ride carefully and within their ability, especially when:

  • carrying children or passengers
  • braking downhill
  • turning at low speed
  • parking or loading the bike
  • riding in wet or windy conditions

The rider confirms they are comfortable operating the bicycle or e-bike, or that they have accepted a safety briefing before use.

7. Condition of Equipment

James' Bike shop provides the Trial Equipment in good working condition to the best of its knowledge.

The rider must inspect the Trial Equipment before use and immediately report any issue, fault, or visible damage.

If no issue is reported before riding, the Trial Equipment will be considered accepted in satisfactory condition.

8. Damage, Loss, and Theft

The rider is responsible for any damage, loss, or theft that occurs during the trial period, except where caused solely by fair wear and tear or a proven pre-existing fault.

This includes damage caused by:

  • crashes
  • impacts
  • misuse
  • overloading
  • neglect
  • poor storage
  • failure to lock or secure the bike properly

The rider agrees to take reasonable care to prevent theft or loss, including:

  • using the supplied lock correctly
  • locking the bike when unattended
  • storing the bike securely
  • not leaving the bike unattended in unsafe or high-risk situations

If the Trial Equipment is lost, stolen, or not returned, the rider may be liable for the full repair or claim through their own insurance provider for full loss or $8000.

9. Mechanical Issues

If the Trial Equipment develops a mechanical issue during the trial, the rider must stop using it if unsafe and contact James' Bike shop as soon as possible.

The rider must not carry out or arrange repairs unless authorized.

At its discretion, James' Bike shop may:

  • repair the bike
  • replace the bike
  • provide a partial refund or credit

No refund is required where the issue was caused by misuse, crash damage, overloading, or negligence. Punctures are excluded and are repaired at the cost of the hirer.

10. Late Returns

Late returns may incur additional fees.

If the Trial Equipment is returned late without prior approval, James' Bike shop may charge:

  • additional trial time
  • a late return fee $120 plus GST per day
  • reasonable recovery or collection costs if applicable

If the Trial Equipment is not returned and the rider cannot be contacted, the matter may be referred for debt recovery and/or reported to Police where appropriate.

11. Cancellations and Refusal of Trial

James' Bike shop may cancel or refuse a trial if:

  • the rider appears unsafe or unfit to ride
  • weather or conditions are considered unsafe
  • payment has not been made
  • the rider refuses to follow instructions
  • the rider breaches these Terms & Conditions

Where possible, James' Bike shop may offer a refund, reschedule, or credit at its discretion.

12. Assumption of Risk

The rider understands that cycling and e-bike riding involve inherent risks, including but not limited to:

  • falls
  • collisions
  • road hazards
  • mechanical issues
  • weather conditions
  • injury to rider, passengers, pedestrians, or third parties

The rider voluntarily accepts these risks and uses the Trial Equipment at their own risk.

13. Liability

To the maximum extent permitted by law, James' Bike shop is not liable for any injury, loss, damage, claim, cost, or expense arising from the rider's use or possession of the Trial Equipment, except where liability cannot legally be excluded under New Zealand law.

Nothing in this agreement is intended to exclude rights or protections that cannot legally be excluded.

14. Indemnity

The rider agrees to indemnify and hold harmless James' Bike shop, its owners, employees, contractors, and agents from any claims, losses, damages, liabilities, costs, or legal expenses arising from:

  • the rider's use of the Trial Equipment
  • any passenger carried by the rider
  • any breach of this agreement
  • any negligent, unlawful, or unsafe act by the rider

15. Privacy

James' Bike shop may collect personal information for the purposes of:

  • booking and identification
  • payment and invoicing
  • communication during the trial
  • follow-up regarding damage, incidents, or non-return

This information will be handled in accordance with applicable New Zealand privacy requirements.

16. General Terms

This agreement contains the full understanding between the parties and understandings relating to the trial.

If any part of this agreement is found to be invalid or unenforceable, the remaining parts will continue to apply.

This agreement is governed by the laws of New Zealand.