PreOrder Agreement Terms and Conditions Addendum - Force E Package
Terms and Conditions Addendum
Fisker Ocean One/Extreme
PreOrder Agreement Terms and Conditions Addendum - Force E Package
This Fisker Ocean One/Extreme Preorder Agreement Terms and Conditions Addendum – Force E Package (“Addendum”) supplements the terms and conditions of the binding contract to purchase the Fisker Ocean One or Fisker Ocean Extreme (as applicable, the “Vehicle”) that you previously entered into. This Addendum supplements the terms and conditions of your Preorder Agreement Terms and Conditions (“Preorder Agreement”) that you previously entered for the purpose of adding the Fisker Ocean Force E Package to your Vehicle order. Capitalized terms not defined in this Addendum have the same meaning as in the PreOrder Agreement. By payment of your deposit, you are agreeing that this Addendum governs the reservation of your Force E Package. All documents will be stored in your account in your MyFisker App. If you would prefer a paper copy of all documents, please inform your Fisker Vehicle Admin Coordinator.
By placing your preorder deposit for the Force E Package, you understand and agree to the following:
The deposit is payable by credit card, ACH or debit card. A third-party provider, Chase Merchant Services, is used to process the online payment. By accepting the terms of this Addendum through payment of 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 will be applied to your final payment price.
Preorder Eligibility. To be eligible to PreOrder a Fisker Force E Package pursuant to this Addendum, you must be (i) at least 18 years old; and (ii) have previously entered into PreOrder Agreement for a Fisker Ocean One or Fisker Ocean Extreme vehicle. By agreeing to these terms, you are representing and warranting to us that you meet these criteria. We will use the address information you provide for determining delivery and paperwork required for your purchase of the Fisker Ocean Force E Package. It is your responsibility to keep this information current at any time by emailing email@example.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 Fisker is not liable for inaccurate or outdated information.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 Addendum, together with the Preorder Agreement, will be terminated.
Important Notice Regarding Status of Fisker Force E Package.
The Force E package is in the development and pre-production stage and is subject to change. The estimated price does not include taxes, applicable finance charges, and government fees. If purchased separately from your Fisker Ocean, additional delivery and installation fees may apply. Production price and timing are estimates and subject to change based upon supply chain constraints and other factors. We recommend that your Force E package be installed only by a Fisker authorized service center to maintain your Fisker Ocean warranty integrity. Additional warranty information will be available closer to production. The Force E package is designed and developed to convert your Fisker Ocean to an off-road vehicle with driving characteristics typical of an off-road adventure vehicle (e.g. off-road tires will add pavement noise and vibration). Adding the Force E package will cause changes in the specifications of your Fisker Ocean such as decreased acceleration speed due to the off-road tires and decreased range due to the additional weight and increased friction of the off-road tires. Specifications will be available at a later date closer to production readiness.
Text Messages and Phone Calls. By agreeing to this Addendum and providing a cell phone number, you expressly consent to receive marketing or non-marketing text messages, including text messages using an automatic telephone dialing system, at the cell 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 marketing and non- marketing information conveyed by or on behalf of Fisker. You also consent to receipt of e-mails to any e-mail address you provide. Message and data charges by your telecommunications carrier 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.
Delivery. We will notify you when your Fisker Ocean Force E Package becomes available for delivery. We may deliver the Fisker Ocean Force E Package 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 cannot guaranty the delivery date of your Fisker Ocean Force E Package. Any estimated delivery date of your Fisker Ocean Force E Package, if provided, is only an estimate and not a guaranty.
If you do not complete payment of your Fisker Ocean Force E Package within thirty (30) days of it becoming available to you, we may, at our discretion, terminate your order and retain any funds paid by you, including your reservation fee, order deposit, and any transportation fees required to be paid in advance. If you complete payment but for any reason are not able to accept delivery of your Fisker Ocean Force E Package, we will store your Fisker Ocean Force E Package in a secure location at your expense.
Force Majeure. The obligations of you and us will be suspended (other than payment obligations) to the extent that performance under this Addendum 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, labor disputes, labor 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 Addendum, 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.
In the event that we are unable to perform or unilaterally terminate this Addendum for a reason other than your default, we will refund your Fisker Ocean Force E Package preorder fee paid 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 Addendum, 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 Addendum exceed the total of the amounts you paid to Fisker pursuant to this Addendum.
Dispute Resolution and Class Action Waiver. Section 14, Dispute Resolution and Class Action Waiver, of the Preorder Agreement, apply to this Addendum as if fully incorporated herein.
Entire Agreement; Electronic Acceptance. This Addendum and the documents incorporated by reference herein contain the entire agreement related to the purchase of your Fisker Ocean Force E Package and supersedes all prior and contemporaneous representations or inducements. This Addendum may only be amended in writing. This Addendum is entered into and effective as of the date you accept this Addendum, by payment of the deposit, electronic means or otherwise.