ARCIMOTO RESERVATION AGREEMENT
This Arcimoto Reservation Agreement between the person or entity identified
below (referred to herein as “you”) and Arcimoto, Inc., an Oregon motor vehicle
manufacturer and dealer located at 2034 West 2nd Ave., Eugene, OR 97402
(“Arcimoto”) is for your reservation of an Arcimoto vehicle.
Reservation
By entering into this Reservation Agreement you hereby confirm that you wish to
reserve an Arcimoto vehicle. Please see arcimoto.com for vehicle specifications
and options.
Nature of Agreement; Non-Binding Reservation Payment
The Reservation Payment is NON-REFUNDABLE, to the extent permitted by applicable
law. This Agreement does not constitute an agreement for the sale of an Arcimoto
vehicle and does not lock in pricing, a production slot, or an estimated
delivery date. You are under no obligation to purchase an Arcimoto vehicle from
us but by not following through with your purchase you will forfeit your
$250 deposit. When we notify you of
the availability of your Arcimoto vehicle and you wish to proceed with the
purchase of an Arcimoto vehicle, such sale and purchase will be governed by a
separate and legally binding Purchase Agreement between you and Arcimoto. In the
event a purchase is made, your Reservation Payment will be credited against the
purchase price.
Reservation Payment Amount
A Two Hundred and Fifty Dollar ($250) Reservation Payment entitles
you to priority purchase and delivery of an Arcimoto vehicle. You will be
removed from the preorder deposit queue and placed into the payment reservation
queue.
Effective Date; Reservation Process
This Agreement is formed and becomes effective when we receive both your validly
executed Agreement and your Reservation Payment in the amount and form stated in
the Payment Instructions provided to you in connection with this Agreement. You
may execute this Agreement by either: (i) hand-delivering or sending a signed
Agreement to us by facsimile, email or prepaid post; or (ii) by acknowledging
and accepting this Agreement online. We will be deemed to have received your
Agreement on actual receipt by Arcimoto via physical or online means. You may
make your Reservation Payment by any means described on the Checkout page in the
online payment process. Once this Agreement becomes effective, you will be
placed on the reservations list and will receive communications about our
program.
Order Process
When the start of production of your reservation nears, we will ask you to
confirm your option selections and provide full details regarding the legal
purchaser of the vehicle. Arcimoto will create an order for your vehicle
containing the information provided by you, and a Purchase Agreement also
referred to as a Bill of Sale indicating the estimated purchase price of your
vehicle, taking into account the price of the model and edition and any options
included or that you select, plus estimates of any applicable taxes, duties,
transport and delivery charges, and any other applicable fees. Arcimoto will
then submit to you the order and the Purchase Agreement for your review. If you
wish to proceed and purchase the vehicle, you must sign and return the Purchase
Agreement together with any amounts that are then required to be paid. By
placing this non-refundable reservation you are confirming your vehicle build as
configured. This reservation will be applied to your final vehicle purchase
price along with any other deposits that you may have placed. You have 14
business days to sign the final Bill of Sale (BoS) and pay for your vehicle in
full. If you do not sign and make payment arrangements within 14 business days
of receiving the final BoS. Arcimoto can cancel and refund the
$100
preorder deposit if applicable and you will forfeit the
$250 reservation deposit. The
$100
preorder deposit is refundable at any time prior to signing of the final BoS,
the $250 reservation deposit is not
refundable at any time (to the extent permitted by applicable law). If you and
Arcimoto have signed the final BoS your $100 preorder deposit becomes
nonrefundable and your $250 reservation deposit remains
nonrefundable. If you decide not to move forward with your vehicle purchase both
the preorder and reservation deposits will be forfeited. You are responsible for
paying for the vehicle in full within 14 business days of receiving the final
BoS. After Arcimoto has received the vehicle payment in full you must arrange
for the shipping of your vehicle within 14 calendar days. If shipping is not
arranged within this time frame you are subject to additional storage charges
that must be paid in full prior to Arcimoto releasing your vehicle to your
shipper of choice. Storage fee is $20 a day after the initial 14 calendar days.
Arcimoto can make exceptions and choose not to enforce these deadlines above on
a case by case basis. These procedures may be subject to change.
Purchase Price
Base vehicle and/or option pricing may not be available at the time of your
reservation and, if pricing is available, it is subject to change until agreed
upon in an executed Purchase Agreement.
Shipping
You are responsible for shipping your vehicle to your destination of your
choice. Arcimoto can suggest shippers our customers have used in the past with
success but you are responsible for arranging and paying for the shipment of
your vehicle.
DMV
Arcimoto can process DMV paperwork title and registration in Oregon and
California. If you choose to utilize this service these fees will be itemized on
your final BoS. You do not have to utilize Arcimoto and can prepare and submit
your own DMV paperwork. Arcimoto can not process DMV paperwork in any other
state at this time, you are responsible for paying any applicable DMV title and
registration fees and taxes that may apply to your local DMV.
Non-Transferability
This Agreement is not transferable or assignable to another party without the
prior written approval of an Arcimoto authorized representative.
Your Details
From time to time we will ask you to provide information to enable us to perform
our obligations under this Agreement. The personal information we collect from
you will include the information provided in the signature page of this
Agreement or online when you complete the reservation process. We will treat all
your personal information as confidential (though we reserve the right to
disclose this information in the circumstances set out below). We will keep it
securely and we will fully comply with our obligations under applicable data
protection and privacy laws. You hereby give us your consent to use your
personal information and other information you provide so Arcimoto can process
your reservation and conduct administration, prepare the order and Purchase
Agreement, and inform you of any marketing information. We may share this
information with other group companies (but not with third parties) for these
purposes. From time to time, we may contact you by mail, telephone, email, text
and fax for the above purposes and you agree you will not consider any of the
above as being a breach of any of your rights under any data privacy, data
protection or privacy law. You can opt out of receiving marketing information
from us at any time and you may contact us for more information. However, we
will still use your information to process your reservation. You may ask for a
copy of your information and you may correct any inaccuracies. We will be the
responsible party for the management of your personal information. If you wish
to make a request with regard to your personal information, please visit our
website at arcimoto.com.
Limitation of Liability
To the maximum extent permitted by applicable law, we make no warranty of any
kind in connection with this Agreement or its subject matter. Under no
circumstances will we be held liable for any indirect or consequential loss or
damage, including any and all (a) loss of opportunity (including loss of
contract or right to offer or tender); (b) lost opportunity cost; (c) loss of
business; (d) reduction or damage of goodwill; (e) damage to name or reputation
(f) loss or corruption of data, and regardless of whether any or all of these
circumstances are considered to be indirect or consequential losses or damage,
in contract, tort (including negligence), under any statute or law otherwise
arising out of our breach of this Agreement, even if we have been advised of the
possibility of occurrences which would or might lead to such loss or damages. If
we are held liable for any damages related to your reservation or this
Agreement, your sole and exclusive remedy will be limited to reimbursement of
the Reservation Payment paid to us.
Acknowledgments
YOU UNDERSTAND THAT ARCIMOTO, INC., MAY NOT HAVE COMPLETED THE DEVELOPMENT OF
THE VEHICLE OR BEGUN MANUFACTURING THE VEHICLE AT THE TIME OF YOUR RESERVATION.
WE WILL NOT HOLD YOUR RESERVATION PAYMENT SEPARATELY OR IN AN ESCROW OR TRUST
FUND OR PAY ANY INTEREST ON RESERVATION PAYMENTS, EXCEPT TO THE EXTENT REQUIRED
BY LAW.
Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of Oregon, U.S.A., without
regard to its conflict of laws provisions. Both parties consent to submit any
and all claims arising under this Agreement to binding arbitration administered
by the American Arbitration Association (AAA) under its Arbitration Rules.
Arbitration is to be held in Oregon unless otherwise agreed to by both you and
Arcimoto.
