Motor Vehicle Pre-Order Agreement
Terms & Conditions
Your HyperSport Motor Vehicle Pre-Order Agreement (the “Agreement”) is made up of the following documents:
1. Vehicle Configuration: The Vehicle Configuration will be confirmed with you at a later date. It will describe the vehicle that you configure, including pricing (excluding taxes and official or government fees).
2. Final Price Sheet: The Final Price Sheet will be provided to you as your delivery date nears. It will include final pricing based on yourVehicle Configuration and will include taxes and official or governmental fees.
3. Terms & Conditions: These Terms & Conditions are effective as of the date you place your pre-order and make your Pre-OrderPayment (the “Pre-Order Date”).
Agreement to Purchase
You agree to pre-order the vehicle (the “Vehicle”) that you made your Pre-Order Payment and by taking delivery, completing the transaction when the Vehicle is ready for delivery from Damon Motors Inc. or its affiliate (“Damon”, “we,” “us” or “our”),pursuant to the terms and conditions of this HyperSport Motor Vehicle Pre-Order Agreement (the “Agreement”). Your Vehicle is priced and configured based on features and options available at the time of order and you can confirm availability with a Damon Motors Inc.representative. Options, features or hardware released after you place your order may not be included in or available for your Vehicle.
Pre-Order Price, Taxes and Official Fees
The pre-order price of the Vehicle will be confirmed in your Vehicle Configuration and Final PriceSheet. As you may have only configured part of your Vehicle, any pre-order price provided to you in advance of the Final Price Sheet is only being offered to you as an estimate and is subject to change. Any pre-order price listed in the Vehicle Configuration will not include taxes and official or government fees. Because these taxes and fees are constantly changing and will depend on many factors, such as where you register the Vehicle, they will be calculated closer to the time of delivery and indicated on your Final Price Sheet. You are responsible for paying these additional taxes and fees.
Pre-Order Process; Cancellation; Changes
After you submit your completed pre-order and the options you selected become available in production, we will invite you to complete the configuration of your Vehicle. We will then issue you the Vehicle Configuration and Final PriceSheet based on the base price of the model and any options included or that you select. Your Pre-Order Payment covers the cost of these activities and other processing costs and is not a deposit for the Vehicle. Until your Vehicle is delivered to you, you may cancel your pre-order at any time, in which case you will receive a full refund of your Pre-Order Payment. Until your final configuration is matched to a vehicle, you may make changes to your Vehicle Configuration. If you make changes to the configuration of the Vehicle, you may be subject to potential price increases for any pricing adjustments made since your original Pre-Order Date. Any changes made by you to yourVehicle Configuration, including changes to the delivery location or estimated delivery date, will be reflected in a subsequent VehicleConfiguration that will form part of this Agreement. When you take delivery of the Vehicle, we will provide a credit to the final pre-order price of your Vehicle equivalent to the amount of the Pre-Order Payment you paid. This Pre-Order Payment and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.
If you are picking up your Vehicle in a state or province where we are licensed to sell the Vehicle, we will notify you of when we expect your Vehicle to be ready for delivery at your local Damon Delivery Center, or other location as we may agree to. You agree to schedule and take delivery of your Vehicle within one week of this date. If you are unable to take delivery within the specified period, yourVehicle may be made available for sale to other customers.
If you wish to pick up your Vehicle in a state or province where we are not licensed to sell the Vehicle, or if you and Damon otherwise agree,Damon will, on your behalf, coordinate the shipment of your Vehicle to you from our factory in Canada or another jurisdiction where we are licensed to sell the Vehicle. In such a case, you agree that this is a shipment contract under which Damon will coordinate the shipping of theVehicle to you via a third-party common carrier. You agree that delivery of the Vehicle, including the transfer of title and risk of loss to you, will occur at the time your Vehicle is loaded onto the common carrier’s transport (i.e., FOB shipping point). The carrier will insure your Vehicle while in transit and you will be the beneficiary of any claims for damage to the Vehicle or losses occurring while the Vehicle is in the possession of a common carrier.
You understand that Damon may not have completed the development of HyperSport or begun manufacturing HyperSport at the time you entered into this Agreement and so we do not guarantee your position on any waitlist or when your Vehicle will actually be delivered. Your actual delivery date is dependent on many factors, including your Vehicle’s configuration and manufacturing availability. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Vehicle and all proceeds therefrom until your obligations have been fulfilled.
You will receive the Damon Motors Inc. New Vehicle Limited Warranty at or prior to the time of Vehicle delivery or pickup. You may also obtain a written copy of your warranty, which will be available as delivery nears, from us upon request or from our website (https://damon.com).
Limitation of Liability
We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy, and our total aggregate liability, for any and all claims under or in connection with this Agreement will be limited to reimbursement of your Pre-Order Payment. To the extent any province, state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, Damon’s liability in such province, state or jurisdiction will be limited to the furthest extent permitted by law.
No Resellers; Discontinuation; Cancellation
Damon sells motor vehicles directly to end-consumers, and we may unilaterally cancel any order that we believe has been made with a view toward resale of the Vehicle or that has otherwise been made in bad faith. We may also cancel your pre-order and refund your Pre-Order Payment if we discontinue a product, feature or option after the time you place your pre-order or if we determine that you are acting in bad faith.
Governing Law; Integration; Assignment. The terms of this Agreement are governed by, and to be interpreted according to, the laws of theProvince of British Columbia, Canada, and the federal laws of Canada applicable therein without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Prior agreements, oral statements, negotiations, communications or representations about the Vehicle sold under this Agreement are superseded by thisAgreement. Terms relating to the pre-order not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.
State Specific Provisions. You acknowledge that you have read and understand the provisions applicable to you in the State-SpecificProvisions attachment to this Agreement.
This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.
State Specific Provisions
For NEW YORK residents: If the Vehicle is not delivered in accordance with the Agreement within 30 days following the estimated delivery date, you have the right to cancel the Agreement and receive a full refund, unless the delay in delivery is attributable to you.
For MASSACHUSETTS residents: ATTENTION PURCHASER: All vehicles are WARRANTED as a matter of state law. They must be fit to be driven safely on the roads and must remain in good running condition for a reasonable period of time. If you have significant problems with the Vehicle or if it will not pass a Massachusetts inspection, you should notify us immediately. We may be required to fix the car or refund your money. THIS WARRANTY IS IN ADDITION TO ANY OTHER WARRANTY GIVEN BY US.
For WASHINGTON, D.C. residents:
NOTICE TO PURCHASER IF, AFTER A REASONABLE NUMBER OF ATTEMPTS, THE MANUFACTURER, ITS AGENT, OR AUTHORIZED DEALER IS UNABLE TO REPAIR OR CORRECT ANY NON-CONFORMITY, DEFECT, OR CONDITION WHICH RESULTS INSIGNIFICANT IMPAIRMENT OF THE MOTOR VEHICLE, THE MANUFACTURER, AT THE OPTION OF THE CONSUMER, SHALL REPLACE THE MOTOR VEHICLE WITH A COMPARABLE MOTOR VEHICLE, OR ACCEPT RETURN OF THE MOTOR VEHICLE FROM THE CONSUMER AND REFUND TO THE CONSUMER THE FULL PURCHASE PRICE, INCLUDING ALL SALES TAX, LICENSE FEES,REGISTRATION FEES, AND ANY SIMILAR GOVERNMENT CHARGES. IF YOU HAVE ANY QUESTIONS CONCERNING YOUR RIGHTS,YOU MAY CONTACT THE DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS.
Seller certifies that the information contained in the itemization of the purchase price, including the Vehicle Configuration, and required byChapter 3 (Buying, Selling and Financing Motor Vehicles) of Title 16 of the Code of D.C. Municipal Regulations, is true to the best of our knowledge.