This Pre-Order Agreement (“Agreement”) governs your relationship with Arcimoto, LLC (“we”, “ us”, or “Arcimoto”) with respect to the reservation by you of an Arcimoto electric vehicle (“Vehicle”). This Agreement is entered into and effective as of the date we receive a copy of it duly executed by you.
1. Step 1 (Reservation)
By accepting this Agreement with Arcimoto, you agree to make a $100 deposit by credit card, check or wire transfer (“Reservation Fee”). When Arcimoto receives both your Agreement and the Reservation Fee, you will be placed in sequence on the Vehicle reservation list. You acknowledge and agree that Arcimoto may decline or delay reservations to avoid oversubscription or as it deems appropriate, provided that we will make efforts to inform you within two (2) weeks of our receipt of your signed Agreement and Reservation Fee, and that you will be entitled to a full refund of the Reservation Fee.
2. Step 2 (Confirmation and Submission of Option Selections)
Arcimoto will notify you by e-mail when the start of production nears. At the time you receive our notice (“Production Notice”), you may choose to advance to Step 2 by confirming your pre-order and submitting your option selections within fifteen (15) working days of your receipt of the Production Notice. You will pay the balance due (depending on base price plus options), together with any taxes, shipping and/or destination charges and other applicable fees upon delivery of your Vehicle. If you do not wish to complete Step 2, you may cancel your reservation and obtain a refund of the Reservation Fee without interest. If we do not hear from you within fifteen (15) working days of your receipt of the Notice, then you will be deferred to a later position on the Vehicle reservation list. After that, we will try to contact you one more time, provided that - if you do not get back to us and promptly complete Step 2 - your reservation will be forfeited, but you will still be entitled to a refund of the Reservation Fee without interest. Notwithstanding anything to the contrary in this Agreement, you acknowledge and agree that your purchase of the Vehicle will not be effective until you execute a copy of the then-applicable Arcimoto’s standard conditions of sale.
3. Priority
Arcimoto will build Vehicles according to the order in which payment of the Reservation Fee is received. This position does not imply receiving particular vehicle identification number (VIN) or a particular number associated with your Vehicle. You may not switch position with other persons on the Vehicle reservation list. If you cancel or forfeit your reservation in accordance with the terms of this Agreement, your position will be taken by the next person on the Vehicle reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Vehicles for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Vehicle reservations. Furthermore, we may in our discretion prior to fulfilling Vehicle reservations offer for sale to the public (for instance, by auctioning off) a limited number of Vehicles. Please consult our website or our newsletter for more information about such events.
4. Delivery Schedule
Arcimoto anticipates that the delivery of the Vehicles will begin during Q1 of 2012. Although we will make efforts to begin delivering Vehicles as soon as reasonably practicable, you understand and agree that there may be delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Vehicle, you may cancel your reservation as provided for in Section 6 below.
5. Price
Arcimoto expects the base price of the Vehicle to be under $20,000 excluding taxes, applicable fees, shipping or destination charge and options, if any (“Base Price”). We will make efforts to finalize the Base Price as soon as reasonably practicable and will provide you periodical updates. Notwithstanding the above, you understand and agree that Arcimoto reserves the right to change the Base Price, and to add, discontinue or change the packaging or pricing of available options, at any time prior to your completion of Step 2 as described above, provided that Arcimoto will continue to offer upgrades and new features for an additional price even after the completion of Step 2. If for any reason you decide that you are not happy with the final Base Price, you may cancel your reservation as provided for in Section 6 below, provided that – if the final Base Price is greater than $20,000 – you will receive a full refund of the Reservation Fee.
6. Cancellation
You or Arcimoto may cancel this reservation by terminating this Agreement at any time for any or no reason. If you do so prior to your completion of Step 2, you will obtain a refund of the Reservation Fee without interest. After your completion of Step 2 you will still have the right to cancel your reservation at any time prior to our notice to you that your Vehicle is ready for delivery, but you will not be entitled to any refund of the Reservation Fee. If Arcimoto cancels your reservation you will receive a full refund of the Reservation Fee without interest.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ARCIMOTO BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT ARCIMOTO IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR RESERVATION FEE WITHOUT INTEREST.
8. Use of Reservation Fees
We will not use your Reservation Fee until we send you the Notice. After then, we will use the Reservation Fee for production purposes. Until that time, we will hold your Reservation Fee in a segregated account together with the Reservation Fees paid by other customers like you.
9. Age and Residency
You acknowledge that you are at least 18 years old, are a resident of California, Oregon or Washington State, and will take delivery of your Vehicle in California, Oregon or Washington State for use in the United States. You acknowledge and agree that Arcimoto will initially focus its service efforts on certain geographical areas, and may expand to other areas as the company grows. Before entering into this Agreement and/or purchasing a Vehicle you need to confirm with us that your area is covered by our maintenance and repair program.
10. Customer Information
We will use any information that we may collect about you only in accordance with our
privacy policy.
11. DISCLAIMER.
ARCIMOTO DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE VEHICLE DISPLAYED BY ARCIMOTO WHETHER BEFORE OR AFTER YOU HAVE SIGNED THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT THE VEHICLE, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE VEHICLE THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE VEHICLE. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE VEHICLE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR RESERVATION AS DESCRIBED IN SECTION 6 ABOVE. FURTHERMORE, YOU UNDERSTAND AND AGREE THAT THIS IS NOT A SALE, AN OFFER TO SELL OR A PURCHASE AGREEMENT TO BUY A VEHICLE, AND THAT YOUR ABILITY TO BUY A VEHICLE IS SUBJECT TO AVAILABILITY.
12. Changes to the terms of this Agreement
Arcimoto reserves the right to change any of the terms of this Agreement for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 6 above.
13. Miscellaneous Provisions
This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Oregon. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in the Lane County, the place were this Agreement was entered and is to be performed. You may not assign this Agreement or any of the rights granted to you hereunder.
