1. ECOGEN System Reservation
Thank you for placing an order to reserve a ECOGEN System. By making your “Reservation,” you have secured an approximate priority based upon the time and date ECOGEN receives your completed Reservation and payment of the pre-order fee (“Reservation Payment”). ECOGEN reserves the right to rearrange priority if needed (including re-arranging priority based on geographic region) based on the requirements of its proposed rollout.
2. Effective Date
Your Reservation becomes effective when ECOGEN receives your Reservation Payment, and you agree to this Agreement by submitting your Reservation. ECOGEN reserves the right to decline reservations to avoid oversubscription or as ECOGEN deems appropriate in our sole discretion. If your Reservation is declined, you will be notified.
3. Reservation Payment and Refund
- Your Reservation Payment is fully refundable should you choose to cancel your Reservation at any time prior to the finalisation of your Prior to the time at which your order is finalised by ECOGEN, you are under no obligation to purchase the ECOGEN System from ECOGEN, and ECOGEN is under no obligation to supply you with a ECOGEN System. ECOGEN reserves the right to cancel your Reservation and refund your Reservation Payment at any time. If your Reservation is cancelled, you will be notified.
- Your Reservation Payment is not a deposit towards your ECOGEN The Reservation Payments will be held in a separate account. Except to the extent required by applicable law, no interest will be paid to you on the Reservation Payment. ECOGEN will apply your Reservation Payment to the final purchase price of your System.
4. Order Process
While this Reservation secures the approximate delivery priority of your ECOGEN System, it does not constitute the purchase or order of a ECOGEN System. When the start of production for your Reservation nears, ECOGEN will ask you to confirm whether you wish to proceed with an order for a ECOGEN System. If you elect to proceed, ECOGEN will create an order for your system, and you will receive a purchase agreement indicating the purchase price of the system, plus estimates of any additional taxes, duties, transport and delivery charges, and any other applicable fees. If you decide to proceed with your order, your Reservation Payment will be credited against the final purchase price. If you decide not to proceed with your order and instead decide to cancel your Reservation, your priority position and any benefits that come from that position will be forfeited, and your Reservation Payment will be refunded in full.
5. Limitation of Liability
For the avoidance of doubt, the limitation of liability referred to in this clause is not intended to exclude any remedies available to you under the consumer guarantee provisions of the Irelandn Consumer Law.
To the maximum extent permitted by applicable law, ECOGEN makes no warranty of any kind in connection with your Reservation, Reservation Payment, or this Agreement.
Under no circumstances will ECOGEN 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 of damage of goodwill; (e) damage to name or reputation; or (f) loss or corruption of data.
The limitation of liability referred to above applies regardless of whether the indirect or consequential losses or damage arise in relation to contract, tort
(including negligence) or under any statute or law, and include any such losses or damages otherwise arising out of ECOGEN’s failure to perform in any way, even if ECOGEN has been advised of the possibility of occurrences which would or might lead to such loss or damages.
If ECOGEN is held liable for any damages related to your Reservation or these terms or conditions, your sole and exclusive remedy will be limited to the rights set forth herein.
6. Acknowledgments; Non-Transferable
You understand that ECOGEN may not have completed the development of the ECOGEN System or begun manufacturing the ECOGEN System as of the time of your Reservation. Further, you acknowledge that the ECOGEN System production vehicle may differ from the ECOGEN System presented to you and/or the vehicle you have selected on ECOGEN’s website.
ECOGEN reserves all rights to change the design, available options, specifications of any of its vehicles, including the ECOGEN System, in any way and at any time.
You also acknowledge that, if you elect to purchase a ECOGEN System, the ECOGEN™ System will not be delivered until a date that is yet to be determined. Any representations made by a ECOGEN representative, ECOGEN partner, third party, or agent regarding the ECOGEN System’s production date, delivery date, delivery location, price, specifications, options, or similar detail may be subject to change and should not be regarded as binding on ECOGEN.
Your Reservation is not transferable or assignable to another party without the prior written approval of ECOGEN.
7. Governing Law and Jurisdiction
Your Reservation and these terms and conditions are governed by the laws of the State of New South Wales, Ireland, without regard to its conflict of law provisions.