Pre-order of a AKINSI Alpha 32kWh vehicle
This Pre-order Agreement (these “Terms” or “Agreement”) governs the placing of a pre-order (“Preorder”) with EVOTIV AB (“Evotiv” or “we” or “us”) for an Electric AKINSI Alpha 32kWh Vehicle (“Vehicle”). Please read all of these Terms carefully before submitting your Preorder. By submitting your Preorder, you agree to be legally bound by these Terms.
1. No Obligations
Each Preorder you submit for a Vehicle acts as a deposit for a future purchase of the Vehicle. You are under no obligation to purchase a Vehicle from us, and we are under no obligation to supply you with a Vehicle.
These Terms do not constitute an agreement for the sale of a Vehicle and do not lock in pricing, a firm production slot, a firm delivery date, or specific Vehicle configuration. To complete the purchase of a Vehicle, you will need to execute Evotiv’s standard final AKINSI Alpha 32kWh Vehicle Purchase Agreement (“Final Sales Agreement”) which will include additional terms and conditions, including the final price sheet for the vehicle you ultimately select (“Your Selected Vehicle”). The Final Sales Agreement may be made with another Evotiv entity. Additional payment for Your Selected Vehicle, including taxes and other governmental fees, will be required at that time.
We may decline Preorders to avoid over-subscription or as we deem appropriate in our sole discretion. If your Preorder is declined, you will be notified and your Preorder payment will be refunded.
2. Preorder Eligibility: Age and Residency; Entity Preorders
You must be at least 18 years of age and a resident of the Sweden, Norway, Germany, Latvia, Estonia, Lithuania, Luxemburg, Greece to Preorder a Vehicle. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years of age and a resident of the Sweden, Norway, Germany, Latvia, Estonia, Lithuania, Luxemburg, Greece. If you are Preordering a Vehicle on behalf of a company, organization or entity (an “Entity”) located in the Sweden, Norway, Germany, Latvia, Estonia, Lithuania, Luxemburg, Greece, you represent and warrant that you have the authority to bind that Entity to these Terms and such Entity agrees to be bound by these Terms.
When placing a Preorder for a Vehicle, you represent and warrant that all information provided is accurate, and it is your responsibility to keep this information current at any time by emailing firstname.lastname@example.org. Evotiv shall not be liable for inaccurate or outdated information.
You will be charged the fee indicated (the “Preorder Fee”) when you place your Preorder. Placing a Preorder constitutes your express agreement to be charged the Preorder Fee using your provided payment method. Your payment will be held by Evotiv in a separate account designated solely for Preorders and released for application towards the final sales price of Your Selected Vehicle when you execute the Final Sales Agreement. Your payment is subject to Evotiv’s payment terms and conditions located at our website.
5. No Guarantee of Delivery Date
You are preordering a Vehicle without specifying the model, features, and options. We will endeavor to produce Your Selected Vehicle in the future and your priority will be set by the date of payment of your Preorder Fee, our manufacturing schedule, our delivery and service operations availability and execution of the Final Sales Agreement. There is no guarantee as to delivery date based on your Preorder.
You may cancel your Preorder and receive a full refund of your Preorder Fee at any time by sending an email to email@example.com from the address you used to make the preorder. You will receive your refund within approximately 5-10 business days. Evotiv promotional items, if any, received at the time of Preorder are yours to keep even after cancellation. Evotiv may cancel your Preorder at any time and will issue a full refund of your Preorder Fee to the address on file.
7. Vehicle Configuration and Battery Range
You understand that we may not have completed the development of the Vehicle or begun manufacturing the Vehicle at the time of your Preorder and specifications are subject to change at any time. You understand battery range and other available features have not yet been determined and may change, even after features are announced. By agreeing to these Terms, you represent and warrant to us that you understand that the Vehicle configuration may change prior to execution of any Final Sales Agreement.
9. Force Majeure
The obligations of you and Evotiv under this Agreement (other than your payment obligations) will be suspended to the extent that such party is wholly or partially precluded from complying with its obligations under this Agreement by force majeure. Force majeure includes, but is not restricted to, fire, storm, flood, earthquake, explosion, accident, act of the public enemy, war, rebellion, insurrection, sabotage, outbreak, epidemic, public health emergency, quarantine restriction, labor dispute, labor shortage, transportation embargo or failure, curtailment or delay in transportation, act of God, act (including laws, regulations, orders, advisories, disapprovals or failure to approve) of any government or public health agency or authority, whether national, statewide, municipal, or otherwise, or any other event or circumstance beyond such party’s control.
If for any reason a court of competent jurisdiction finds any provision, or portion of this Agreement, to be unenforceable, the remainder of this Agreement shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable.
This Agreement may not be modified, altered or amended unless expressly agreed to in writing signed by Evotiv.
12. No Waivers
The failure by Evotiv to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Evotiv.
You may not assign your rights under these Terms without our express prior consent. Evotiv may assign these Terms or your Preorder Fee in our discretion without your consent. Any assignment in violation of this Agreement will be null and void.
14. No Resellers; Discontinuation; Cancellation
Evotiv and its affiliates may unilaterally cancel any order that we believe has been made with the intent to resell the Vehicle or otherwise has been made in bad faith. Evotiv may also cancel your order if a vehicle, product, feature, or option is discontinued after you place your order.
15. Limitation of Liability
No Consequential or Indirect Damages. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL EVOTIV OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
Maximum Liability. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL EVOTIV’S OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO RIVIAN PURSUANT TO THIS AGREEMENT.
16. Dispute Resolution
Any dispute, controversy or claim arising out of, or in connection with, these Terms, shall be finally settled by Swedish district court.
Confidentiality. Unless otherwise prohibited by federal or state law or regulation, any dispute, shall be kept confidential, except to the extent necessary to seek court intervention (such as to enforce an award).
Initial Dispute Resolution Requirement. Most disputes can be resolved without resort to legal actions. For any Dispute, you and we agree that before taking any formal action to initiate a law suit we will contact the other party in an attempt to resolve the Dispute. You will contact us at firstname.lastname@example.org and provide a brief, written description of the claim or Dispute and your contact information (including your Evotiv ID, if you have one). We will contact you at your contact information on file with Evotiv. You and Evotiv agree to use reasonable efforts to settle any claim or Dispute directly and good faith negotiations shall be a pre-condition to either party initiating a small claims suit.
17. Text Messages, Notifications, and Telephone Calls
By agreeing to this Agreement, you understand that by providing your wireless telephone number(s) now or in the future, you consent to being contacted at those numbers or addresses using prerecorded artificial voice messages and/or automatic telephone dial devices with non-marketing information about your vehicle, such as service reminders and appointments. You understand and agree that by providing your wireless telephone number you are consenting to receive calls or texts at that number. You also consent to receiving emails to any email address(es) you provide. You further understand and agree that these communications may contain your non-public information. You explicitly confirm that this consent covers the use of these contact methods to call or send text messages to the wireless telephone number(s) and to send text or email messages to the email address(es) you provide, for which you may incur a charge. Separately, we may seek your prior express written consent for marketing text messages or telephone calls. For all communications, you can control permission for calls texts by contacting email@example.com.
18. Entire Agreement