Fisker Ocean One Preorder Agreement Terms and Conditions

Preorder Agreement Terms and Conditions (Europe)

(Fisker (GB) Limited, 9th Floor, 107 Cheapside, EC2V 6DN London)

By placing your preorder deposit, you understand and agree to the following:

Purchase of a Fisker Ocean One. By placing your deposit, you agree to purchase a Fisker Ocean One together with your selected accessories and services ("your Fisker Ocean One") pursuant to these Preorder Agreement Terms and Conditions ("Preorder Agreement"). In addition, you verify that you have read and understood the Fisker Privacy Policy and Terms of Use which are incorporated and made a part of this Preorder Agreement. In the event of any conflict between the Terms of Use and this Preorder Agreement, the Preorder Agreement controls. Your Fisker Ocean One preorder becomes effective once Fisker receives your deposit in full.
The deposit is payable by credit card, ACH and/or SEPA DD, depending on country of payment. A third-party provider, Chase Merchant Services, is used to process the online payment. By accepting the terms of this Preorder Agreement and paying the deposit, you expressly agree to Chase Merchant Services handling the payment transaction, your card details and any other information necessary to process the payment. The deposit, together with any earlier reservation fee will be applied to your final payment price.
Preorder Eligibility. To be eligible to preorder a Fisker Ocean One pursuant to this Preorder Agreement, you must be (i) at least 18 years old; (ii) a current Fisker Ocean reservation holder; and (iii) a resident of Denmark, Sweden, Norway, Germany, Austria, France or Great Britain with the delivery and registered address of your Fisker Ocean One to occur within this same country of residence. By agreeing to these terms, you are representing and warranting to us that meet these criteria. We will use the address information you provide for determining delivery and paperwork required for you to register your Fisker Ocean One. It is your responsibility to keep this information current at any time by emailing support@fiskerinc.com. Fisker is not liable for inaccurate or outdated information. In the event that at any time prior to delivery you change your registration and/or delivery address to be or occur outside of the country you initially designate, this Preorder Agreement will be terminated.
Order Process; Changes; Order Agreements. The Vehicle Configurator describes your Fisker Ocean One subject to this Preorder Agreement. You will have a period of time to change your configuration and we will notify you in advance of the date upon which your configuration becomes a 'firm and final order' so that we may place it in the production queue. Prior to that date you may also order accessories which become available.

This final configuration will describe your Fisker Ocean One subject to this Preorder Agreement, including final price as indicated in the Vehicle Configurator (plus applicable taxes, government fees, destination and handling and delivery fees if applicable). Your Fisker Ocean One purchase agreement will include this Preorder Agreement, Sales Agreement, final Fisker Ocean One Configuration Sheet and the Final Price Sheet, together with other ancillary agreements which may apply for services you choose.
Data We Collect From You. The data that we collect from you or about your Fisker Ocean One will be used in accordance with our  Privacy Policy and Terms of Use, each of which is incorporated herein by reference. The types of data that we collect from you and how we use that data may change over time and in such event we will give you notice via the contact information that you have provided to us.
Text Messages and Phone Calls. By agreeing to this Preorder Agreement and providing a mobile phone number, you expressly consent to receive marketing or non-marketing text messages, including text messages using an automatic telephone dialling system, at the mobile phone number you provide. You may opt out of these text messages at any time. You also consent to receipt of prerecorded artificial voice messages and/or automatic telephone dial devices with non-marketing information about your Fisker Ocean One. You also consent to receipt of emails to any email address you provide. Message and data charges by your telecommunications operator may apply. Fisker text messages are intended to provide you with promotional information regarding Fisker products and services. We may also provide you with transaction-related information. The frequency of text messages from Fisker will vary depending on your account activity and your communication with Fisker.
Purchase Price; Incentives. The price of your Fisker Ocean One will be as indicated in the Vehicle Configurator, together with any final accessories and add-ons you choose. In addition to the Fisker Ocean One price, there may be delivery charges if applicable for your chosen delivery location. The total purchase price must be paid before you take delivery of your Fisker Ocean One.
Delivery. We will notify you when your Fisker Ocean One becomes available for delivery. We may deliver Fisker Ocean One vehicles in order of approximate reservation date, but delivery will also be affected by the manufacturing schedule and the roll out timing for your delivery area. We expect UK deliveries of Fisker Ocean One to commence in July 2023 with delivery time of your Fisker Ocean One dependent upon the manufacturing schedule as well as timing for commencement of deliveries in your region. We cannot guaranty the delivery date of your Fisker Ocean One but will endeavour to conclude deliveries of all Fisker Ocean Ones by 30 September 2023. Fisker Ocean One orders for your delivery region will be delivered prior to any Fisker Ocean Extreme, Ultra or Sport variants in your region. Any estimated delivery date of your Fisker Ocean One, if provided, is only an estimate and not a guarantee.

We are working hard to meet the demand of the Fisker Ocean. If you do not complete payment of your Fisker Ocean One within thirty (30) days of it becoming available to you, we may, at our discretion, terminate your order. If you complete payment but for any reason are not able to accept delivery of your Fisker Ocean One, we will store your Fisker Ocean One in a secure location at your expense.
No Assignment or Resellers. The Fisker Ocean One is meant by us to go directly to our early reservation holders who have shown faith and trust in our company and mission to bring technologically advanced, beautifully designed and sustainable vehicles to market. This agreement and your purchase commitment for the Fisker Ocean One is not assignable. We reserve the right to unilaterally cancel any order with a view towards resale of your Fisker Ocean One or otherwise in bad faith. This includes vehicles that are to be exported to somewhere other than where you tell us the vehicle will be registered.
Certain Features and Battery Range; Updates. You understand that we have not yet commenced production of the Fisker Ocean and some advertised features may not be available or may be available after delivery of your Fisker Ocean One via an over-the-air update. You likewise understand that the stated battery range has been estimated using Fisker's internal simulations. The Fisker Ocean has not yet completed the Whole Vehicle Type Approval process or certification of the battery range and the advertised battery range is subject to change upon such certification. By agreeing to these terms, you represent and warrant to us that you understand that your Fisker Ocean One configuration may change prior to execution of the final sales agreement.

Additional features may be available for your Fisker Ocean One via over-the-air update. We anticipate that after three years these additional features, should you choose to install them, may require updated or additional hardware. We will provide and install updated hardware available for your Fisker Ocean One at your request and expense.

Warranty. Your Fisker Ocean One comes with a new vehicle limited warranty listed below. The warranty will be subject to industry standard limitations which will be in the digital Warranty Guide prior to the time your Fisker Ocean One is delivered.

Category	Years / Mileage	Years / Kilometers
Basic Warranty	6 / 60,000 miles	6 / 100,000 km
Powertrain Warranty	10 / 100,000 miles	10 / 160,000 km
Battery Warranty	10 / 100,000 miles / 75%	10 / 160,000 km / 75%
Corrosion	12 / Unlimited mileage	12 / Unlimited km
Roadside Assistance	6 / 60,000 miles	6 / 100,00 km

Basic Warranty
The cost of all parts and labour necessary for any defective materials are covered for 6 years or 60,000 miles / 6 years or 100,000 kilometres, whichever comes first.

Powertrain
Coverage includes the drivetrain and components for 10 years or 100,000 miles / 10 years or 160,000 kilometres, whichever comes first.

Battery Pack
Coverage includes all components inside the high-voltage battery at 75% or more of the battery capacity for 10 years or 100,000 miles / 10 years or 160,000 kilometres, whichever comes first.

Corrosion (Perforation)
Undamaged body panels that are perforated by corrosion will be covered for 12 years with unlimited miles.

Roadside Assistance 
Included with your vehicle for repairs that are covered under the New Vehicle Limited Warranty — 6 years or 60,000 miles / 6 years or 100,000 kilometres, whichever comes first. Roadside Assistance for non-warranty repairs is also available at the vehicle owner's expense.

Force Majeure. The obligations of you and us will be suspended (other than payment obligations) to the extent that performance under this Preorder Agreement is wholly or partially precluded due to a force majeure event. Force majeure includes, but is not restricted to, fire, storm, flood, earthquake, explosion, accident, act of war, rebellion or sabotage, outbreak or public health emergency including quarantine restrictions, labour disputes, labour shortages, transportation embargo or failure, curtailment or delay in transportation, including shortages at ports, acts of any governmental entity (including laws, regulations, orders or failures to approve), raw material or component part shortages or any other event beyond such party's control.

By agreeing to this Preorder Agreement, you also expressly agree that we are not responsible for any delay in delivery caused directly or indirectly by the current or future COVID-19 infection event and/or the war in Ukraine, including, without limitation, any delay in delivery by suppliers.
Cancellation; Liquidated Damages and Limitation of Liability. You may cancel this Preorder Agreement at any time prior to delivery. Additionally, this Preorder Agreement may be terminated by us if you breach the terms of this Preorder Agreement. In the event that you cancel your agreement to purchase your Fisker Ocean One, or we cancel this Preorder Agreement due to your breach, we will retain your reservation fee, deposit and transportation fee paid to us as liquidated damages.

In the event that we are unable to perform or unilaterally terminate this Preorder Agreement for a reason other than your default, we will refund your reservation fee, deposit and transportation fee paid (if any) as your sole, exclusive and liquidated remedy. We are not responsible for any incidental, consequential, special exemplary, punitive or enhanced damages arising out of or related to this Preorder Agreement, regardless of whether such damages were foreseeable, or the legal or equitable theory upon which the claim is based. In no event shall Fisker, or any of its affiliates, or their respective officers, shareholders, employees, partners and representatives' aggregate liability arising out of or related to this Preorder Agreement exceed the total of the amounts you paid to Fisker pursuant to this Preorder Agreement.
Dispute Resolution and Class Action Waiver. To the fullest extent permitted by applicable law, this Section 14 shall govern the ways in which we will resolve disputes arising under this Preorder Agreement, the Privacy Policy, Terms of Use or our relationship, including advertising and other communication between you and Fisker entities and representatives, Fisker products or services, and as applicable, the purchase or conditions of your Fisker Ocean One (collectively, "Claims").
Initial Dispute Resolution
We are available by email at support@fiskerinc.com to address any concerns you may have regarding your reservation. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating arbitration pursuant to the next paragraph.
Agreement to Binding Arbitration
If we do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated, you and we agree that all Claims will be resolved by binding arbitration according to the provisions of this section. All Claims shall be finally settled by binding arbitration administered on a confidential basis by the Swiss Arbitration Centre, in accordance with its Arbitration Rules and Procedures ("Swiss Rules 2021", as modified herein, and excluding any rules or procedures governing or permitting class actions. The number of arbitrators shall be one. The seat of the arbitration shall be Zurich. The arbitration proceedings shall be concluded in English. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the "Swiss Rules 2021". The arbitrator, and not any governmental, regional or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement, including, but not limited to, any claim that all or any part of the Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgement in any court of competent jurisdiction.
The arbitrator may only resolve disputes between you and Fisker entities, and may not consolidate claims without the consent of all parties. The arbitrator cannot preside over any class, collective, consolidated or representative action.
Confidentiality
Unless otherwise prohibited by law or regulation, any arbitration, and any award issued in arbitration, shall be kept confidential, except to the extent necessary to seek court intervention to enforce an arbitral award.
Entire Agreement; Electronic Acceptance. This Preorder Agreement and the documents incorporated by reference herein contain the entire agreement related to the purchase of your Fisker Ocean One and supersedes all prior and contemporaneous representations or inducements. This Preorder Agreement may only be amended in writing. This Preorder Agreement is entered into and effective as of the date you accept this Preorder Agreement, by electronic means or otherwise.
Withdrawal. If you are a consumer, i.e. a natural person who enters into this contract for purposes that are predominantly not related to his or her commercial or independent professional activity, you have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the vehicle.
To exercise your right of withdrawal, you must inform us — Fisker (GB) Limited, support@fiskerinc.com — of your decision to withdraw from this contract. You can use the model withdrawal form below for this purpose, but it is not mandatory. You can also fill out and submit the model withdrawal form or another clear declaration electronically. If you make use of this option, we will send you a confirmation of receipt of such revocation as soon as possible (e.g. by email).
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of your right of withdrawal before the expiry of the withdrawal period.
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favourable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the purchase, unless expressly agreed otherwise with you. In no case will you be charged for the repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods. You shall only have to pay for any loss in value of the goods if this is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

(v062022 - GB)