PREORDER AGREEMENT
Arcimoto Vehicle Preorder
Thank you for your Preorder! This document will serve as your preorder Agreement.
Effective Date
Your preorder is considered effective immediately following the receipt of your deposit payment.
Preorder Priority
By making this preorder, you have secured the approximate priority within your region for taking delivery of your Arcimoto vehicle.
Order Process
While this preorder deposit secures the approximate delivery priority within your region, it does not constitute the purchase or order of a vehicle. Arcimoto will notify you by email when production is set to begin for your region. At that time, we will ask you to configure your Arcimoto FUV and place a larger reservation deposit. Arcimoto will then create an order for your vehicle and you will receive a Purchase Agreement also referred to as a Bill of Sale indicating the purchase price of the vehicle, plus estimates of any applicable taxes, duties, transport and delivery charges, and any other applicable fees. If you proceed with the order, we will apply your preorder payment towards the order. Until you enter into a Purchase Agreement, your preorder may be canceled at any time, in which case you will receive a full refund of your preorder payment.
Cold Weather
As is the case with electric vehicles, Arcimoto vehicles are affected by cold temperatures due to a decline in voltage and power output as temperatures approach freezing. Arcimoto vehicles have safeguards in place to protect the battery system in cold weather, but vehicle performance will be affected. Arcimoto recommends following the best practices for driving in cold weather as outlined in the Owner’s Guide you will receive with your vehicle.
Acknowledgements; Non-Transferable
Until such time as you execute a Purchase Agreement, we will hold your preorder payment in a segregated account together with the Deposit Payments from other customers like you.
You understand that we will not hold your Deposit Payment in an escrow or trust fund or pay any interest on your Deposit Payment. Your preorder is not transferable or assignable to another party without the prior written approval of Arcimoto.
Personal Details
We may in the future ask you to provide additional information in order to perform our obligations under these terms and conditions. We will maintain your personal information in accordance with our Privacy Policy.
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.
