E-motion Preorder Agreement
Thank you for placing a pre-order for your E-Motion powertrains. This E-Motion Powertrain Pre-Order Agreement (the “Agreement”) is between you, the entity who pre-ordered the E-Motion Powertrain (“you”, “Customer”), and Vision Marine Technologies Inc., located at 730 Boulevard du Curé-Boivin, Boisbriand, QC J7G 2A7, Québec, H8N 2J8, Canada (“Vision”). If you have any questions on this Agreement, you can contact us by e-mail at firstname.lastname@example.org.
In this Agreement, the provisions which are preceded by the mention “N/A to Canadian Consumers” are not applicable to individuals in the country of Canada which classify as consumers under applicable laws.
- “Deposit” means the amount that you provided to pre-order your E-Motion Powertrain and as indicated in the Pre-Order Form.
- “E-Motion Powertrain” means the E-Motion Powertrain pre-ordered by you through the Pre-Order Form.
- “Pre-Order Form” means the document which describes the E-Motion Powertrain being pre-ordered, the quantity of E-Motion Powertrains being pre-ordered and the Deposit amount to be paid by you, and which contains your identifying information. The Pre-Order Form is deemed part of this Agreement.
- Pre-Order. By entering into this Agreement, you hereby confirm that you wish to pre-order the E-Motion Powertrain indicated in the Pre-Order Form. You enter this Agreement when (1) you submit the Pre- Order Form and (2) we receive your Deposit (the “Effective Date”). You agree that this payment constitutes acceptance of this Agreement, and you agree to review and read this Agreement prior to accepting the Agreement. You agree that the Agreement is available for download at any time on our website.
- Non-Binding Pre-Order Payment.
- The Deposit is fully refundable by Vision to you at any time prior to entering into a Purchase Agreement (for example, if you choose to cancel or abandon your pre-order, or if we decline to maintain your pre-order).
- In order to request the refund of your Deposit, please communicate with us by e-mail at email@example.com. Upon receipt of your request, we will process the reimbursement to your credit card without undue delays. Please allow for reasonable processing time of up to two (2) weeks upon reception of your request.
- The payment of the Deposit allows you to benefit from an approximate delivery priority within your geo-location, subject to external circumstances which may affect delivery priority, such as export control legislations and applicable laws.
- The payment of the Deposit does not lock down the pricing for the E-Motion Powertrain, a production slot, or an estimated delivery date.
- You are under no obligation to purchase a E-Motion Powertrain from us, and we are under no obligation to supply you with a E-Motion Powertrain, subject to the reimbursement of the Deposit.
- You agree and understand that we do not represent or warrant that the E-Motion Powertrain will be completed or delivered. The E-Motion Powertrain is under development or manufacturing and additional regulatory concerns may result in delayed commercialization in some regions. We are not responsible for these delays or inability to deliver, and we will reimburse the Deposit if we cannot present you with a Purchase Agreement.
- Purchase Agreement. This Agreement does not constitute an agreement for the sale of a E-Motion Powertrain, and you understand that you will be required to enter into a legally binding Purchase Agreement prior to purchase a E-Motion Powertrain. You agree and understand that this Agreement does not evidence any warranties, representations or covenants with regards to the E-Motion Powertrain, and that such covenants are to be found and documented in the Purchase Agreement. You agree and understand that the Purchase Agreement may be with another affiliate or subsidiary of Vision.
- Pricing and Configuration. Prior to executing a Purchase Agreement, you will be invited by e-mail to complete the configuration of your E-Motion Powertrain. The configuration determines the price applicable to your E-Motion Powertrain, which will be indicated in the Purchase Agreement. The Deposit will be applied to the purchase price upon signature of the Purchase Agreement.
- Delivery. You agree and understand that the methods of delivery regarding the E-Motion Powertrain will be clarified and set forth in the Purchase Agreement. You agree and understand that deliveries may occur through a third party, such as a courier.
- Modifications to the Agreement. We can modify this Agreement at any time, however, such modifications shall not affect the Agreement which has already been accepted by you. Please refer to the version of the Agreement in force at the time of your pre-order.
- Governing Laws. This Agreement is governed by the laws of Quebec, Canada, without regard to its conflict of laws provisions.
- Governing Jurisdictions. All disputes arising out of or in connection with this Agreement, in respect of any legal relationship associated with or derived from this Agreement (save and except with respect to injunction or other immediate relief) (a “Dispute”) will be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. (“ADRIC”). The parties shall name an arbitrator by common agreement or subscribe to ADRIC’s case management services. The arbitration will occur in English, in Montreal, Quebec, Canada. The parties may decide to use ADRIC’s online dispute resolution services by common agreement. Except as set forth herein, the parties elect domicile in the judicial district of Montreal. For the avoidance of doubts, you hereby irrevocably waive your right to trial by jury in any Dispute.
- Limitation of Liability. To the maximum extent permitted by law, (a) Vision will not be liable to you for any indirect, special, incidental, consequential or exemplary damages in connection with this Agreement, including, without limitation, loss of data, loss of profits, or otherwise, but excluding any damages which cannot be excluded under applicable laws and (b) Vision’s liability to you under this Agreement shall be limited to the value of the Deposit, unless such damages cannot be excluded under applicable laws.
- Export Control. You agree and understand that this Agreement is subject to export control law. You represent and warrant that you are not on any restricted list pursuant to relevant export control laws, such as the United States Export Administration Act and Canada’s Export and Import Permits Act, and that you are not located in a country in the Area Control List.
- Third Parties. You agree and understand that you may not procure the E-Motion Powertrain on behalf of third parties. To comply with legislations and ensure that entities can exercise their rights, the pre-order must be under the name of the entity which will benefit from the pre-order.
- Term; Survival. This Agreement enters into force at the Effective Date and ends upon the earlier of
(a) the execution of a Purchase Agreement or (b) the reimbursement of the Deposit by Vision. All provisions which by their nature should survive the term of the Agreement shall survive the term of the Agreement.
- Any amendment to this Agreement must be in writing and executed by both parties. The waiver of a breach of any provision to this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any part of this Agreement is held to be invalid or unenforceable, that part will be severed and the rest of the Agreement will remain in force.
- You may not assign this Agreement to anyone and such assignment shall be considered null and void. The pre-order granted herein cannot be transferred to any third parties or individuals. Vision may transfer or assign this Agreement upon written notice to you, and such successor or permitted assignee shall be bound by the same terms and conditions as Vision.
- The parties acknowledge that they have required this Agreement and all related documents to be drafted in English. Les parties reconnaissent avoir demandé que le présent contrat ainsi que tous les documents qui s’y rattachent soient rédigés uniquement en langue anglaise.