Fisker Ocean One Preorder Agreement Terms and Conditions
Fisker Ocean One Preorder Agreement Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION FOR USERS IN THE UNITED STATES, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
By placing your preorder deposit, 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 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 the continental United States or Canada 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 you 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 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 Fisker is not liable for inaccurate or outdated information.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 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 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 may 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.
Text Messages and Phone Calls. By agreeing to this Preorder Agreement 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 non-marketing information about your Fisker Ocean One. 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.
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 will be destination and handling fees, government taxes and fees, and delivery charges if applicable for your chosen delivery location. Due to instability in the logistics market, these additional charges are subject to change up to the time delivery of your Fisker Ocean One is scheduled. The total purchase price must be paid before you take delivery of your Fisker Ocean One.
You may be eligible for federal, state, and local incentives. Upon request we will assist you in identifying those incentives, but we cannot represent or guaranty that you are eligible for these incentives.
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 deliveries of Fisker Ocean One to commence in November 2022 with delivery time of your Fisker Ocean One dependent upon 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 endeavor to conclude deliveries of all Fisker Ocean Ones by September 30, 2023. Fisker Ocean One orders for your 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 guaranty.
There are some US states which do not allow Fisker to sell vehicles directly to consumers. If your Fisker Ocean One will be registered in a US state where we are not licensed to sell vehicles, you agree to purchase your Fisker Ocean One from a state in which we are licensed (likely California, though subsequent delivery of your Fisker Ocean One may take place from another state in which Fisker likewise does not have a license for sale). In that event, we will help you coordinate delivery of your Fisker Ocean One, at your cost and on your behalf, to a location of your choosing. You further agree that this is a shipping contract with a third-party common carrier and that delivery of your Fisker Ocean One, including title and risk of loss transfer to you at the time your Fisker Ocean One is loaded on to the carrier. Insurance providing you as its beneficiary will be required to cover any loss or damage to your Fisker Ocean One during this transport. We will retain a security interest in your Fisker Ocean One and any proceeds thereof to secure any of your remaining obligations until concluded.
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 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 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 and retain deposits and fees paid if we believe that this Preorder Agreement or final sales agreement was entered into with a view toward resale of your Fisker Ocean One or otherwise in bad faith. This includes vehicles which 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 NHTSA certification 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
The cost of all parts and labor necessary for any defective materials are covered for 6 years or 60,000 miles / 6 years or 100,000 kilometers whichever comes first.
Coverage includes the drivetrain and components for 10 years or 100,000 miles / 10 years or 160,000 kilometers, whichever comes first.
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 kilometers, whichever comes first.
Undamaged body panels that are perforated by corrosion will be covered for 12 years with unlimited miles.
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 kilometers 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, 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 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.
Initial Dispute Resolution
We are available by e-mail at firstname.lastname@example.org 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 American Arbitration Association ("AAA"), in accordance with the AAA Arbitration Rules and Procedures, as modified herein, and excluding any rules or procedures governing or permitting class actions. 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 AAA Arbitration Rules and Procedures. The arbitrator, and not any federal, state 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 judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250), and the claim is found to be non-frivolous, we will pay the additional cost. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration and the arbitration was not deemed frivolous. The arbitration shall take place in Los Angeles County, California. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery and appeal, among others, may be more limited in arbitration than in court.
The arbitrator may only resolve disputes between you and Fisker entities, and many not consolidate claims without the consent of all parties. The arbitrator cannot preside over any class, collective, consolidated or representative action.
Any Claim must be brought against the other party within one (1) year that the Claim was, or should have been, discovered.
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.
Class Action Waiver.
You agree that you may only bring Claims against Fisker entities in your individual capacity and that you are not entitled to join or consolidate claims with other consumers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity.
Opt Out Right. You may opt out of this Dispute Resolution and Class Action Waiver Section within thirty days from the date you accept the terms of this Preorder Agreement (by indicating consent electronically), by sending an email to email@example.com from the email associated with your Fisker ID with ‘Opt Out of Dispute Resolution’ in the subject line, and in the body of the email, your full name and address. You agree that such request does not apply to dispute resolution provisions in other agreements with Fisker unless such agreements contain an opt out provision and you follow the requirements of opting out thereof.
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.
(v062022 - US)