Fisker Ocean

Order Agreement Terms and Conditions

Effective Date: October 23, 2023

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION (IF ALLOWED IN YOUR JURISDICTION), 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 electronically executing this Order Agreement, and paying the nonrefundable deposit, you understand and agree to the following:

1. Purchase of a Fisker Ocean. You agree to purchase a Fisker Ocean together with your selected accessories and services (“your Fisker Ocean”) pursuant to these Pre-Order Agreement Terms and Conditions (“Order Agreement”). In addition, you verify that you have read and understood the Fisker Privacy Policy, Terms of Use, and Connected Car Privacy Policy which are incorporated and made a part of this Order Agreement. Your Fisker Ocean purchase will further be subject to your final configuration and agreements listed in Section 3.

2. Order Eligibility. To be eligible to place this Order Agreement committing to purchase a Fisker Ocean, you must be (i) at least 18 years old; and (ii) a resident of the continental United States or Canada with the delivery and registered address of your Fisker Ocean to occur within the United States or Canada. 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. 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 Fisker is not liable for inaccurate or outdated information.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 Order Agreement will be terminated.

3. Order Process; Changes. The Vehicle Configurator that you used to process this Order describes your Fisker Ocean and packages chosen by you subject to this Order Agreement. This configuration is locked in, and you will not be able to change your trim (Extreme, Ultra or Sport) or selected packages. Prior to Fisker commencing your build, you may be able to add additional accessories through the Vehicle Configurator which are available at that date at the price then applicable to such accessories.

4. Payment Terms. You may now and in the future use your MyFisker App to pay for Fisker and third-party services related to your Fisker Ocean by storing your payment method directly in the MyFisker App. By using your MyFiskerApp to store payment methods and make payments, you agree to the Payment Terms .

Linked Terms Reviewed and Agreed:
Purchaser: Co-Purchaser:

5. Data We Collect From You. The data that we collect from you or about your Fisker Ocean will be used in accordance with our Privacy Policy, Terms of Use, and Connected Car Privacy Policy, 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.

Linked Terms Reviewed and Agreed:
Purchaser: Co-Purchaser:


6. Communications. By agreeing to this Order 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. 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.

7. Purchase Price; Incentives. The final price of your Fisker Ocean will be the price indicated in the Vehicle Configurator together with any final accessories and add-ons you choose. In addition to the final Fisker Ocean 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 is scheduled. The total purchase price must be paid before you take delivery of your Fisker Ocean.

You may be eligible for government incentives. Upon request we will assist you in identifying those incentives, but we cannot represent or guaranty that you are eligible for these incentives. Further, please note that Fisker is not providing tax advice or advice on other incentives to you in connection with your choice to order the Fisker Ocean and you acknowledge and represent that you are not relying upon the availability or non-availability of tax or other incentives in making your decision to place this Order.

8. Place of Sale; Delivery. For US: There are some US states which do not allow Fisker to sell vehicles directly to consumers. If your Fisker Ocean will be registered in a US state where we are not licensed to sell vehicles, you agree to purchase your Fisker Ocean from a state in which we are licensed. Your Fisker Ocean may be picked up at your nearest Fisker Center Plus or Delivery Center. If you choose to have your Fisker Ocean delivered directly to you we will help you coordinate delivery of your Fisker Ocean, 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, including title and risk of loss transfer to you at the time your Fisker Ocean 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 during this transport. We retain a security interest in your Fisker Ocean and any proceeds thereof to secure any of your remaining obligations until concluded.

For Canada: Fisker is not registered for sales in every province. If your vehicle will be registered in a Canadian province where Fisker is not yet registered, you agree to purchase and close from a province in which Fisker maintains a dealership. Your Fisker Ocean may be picked up at your closest dealership. If you choose to have your Fisker Ocean delivered directly to you we will help you coordinate delivery of your Fisker Ocean, 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, including title and risk of loss transfer to you at the time your Fisker Ocean 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 during this transport. We retain a security interest in your Fisker Ocean and any proceeds thereof to secure any of your remaining obligations until concluded.

We will notify you when your Fisker Ocean becomes available for delivery. We may deliver Fisker Ocean vehicles in order of approximate order 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. Any estimated delivery date of your Fisker Ocean, if provided, is only an estimate and not a guaranty. Fisker reserves the right to reschedule the delivery window if an unseen event occurs. If you need to reschedule due to an unseen event, please contact your Fisker Vehicle Admin Coordinator at least 48 hours prior to the scheduled delivery time. You must be physically present with government issued ID in order to receive delivery of your Fisker Ocean.

If you do not complete payment of your Fisker Ocean within ten (10) 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, we will store your Fisker Ocean in a secure location at your expense.

9. No Assignment or Resellers. Fisker sells its vehicles directly to consumers. This agreement and your purchase commitment for the Fisker Ocean is not assignable. We reserve the right to unilaterally cancel any order and retain deposits and fees paid if we believe that this Order Agreement was entered into for the purpose of resale of your Fisker Ocean 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.

10. Certain Features and Over-The-Air (OTA) Updates. You understand that some advertised features may not be available or may be available after delivery of your Fisker Ocean via an over-the-air update. You represent that you have reviewed the current and expected feature list at here, Features that are listed as future updates are features that are in development and the target date of availability. You understand and acknowledge that Fisker does not guaranty that such features will be available or at what time they may become available. You represent and warrant that you are not basing your purchase decision upon the availability of any feature not currently available at your time of entering into this Order Agreement.

Additional features may be available for your Fisker Ocean via over-the-air update. You agree that Fisker may update your Fisker Ocean automatically through a push OTA for safety critical features as well as features necessary to maintain or improve performance of your Fisker Ocean in Fisker’s reasonable discretion. Fisker will endeavor to alert you to future updates via email and in your Fisker Ocean HMI. Future updates may not be available during the entire lifetime of your Fisker Ocean, or may not include all functionality, due to the age and capacity of the hardware included at the time of purchase. We may provide and install updated hardware available for your Fisker Ocean at your request and expense.

11. Warranty. Your Fisker Ocean 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 is delivered.

Basic Warranty
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.
Powertrain
Coverage includes the drivetrain and components for 10 years or 100,000 miles / 10 years or 160,000 kilometers, 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 kilometers, 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 kilometers whichever comes first. Roadside Assistance for non-warranty repairs is also available at the vehicle owner’s expense.

12. Warranty and Roadside Assistance Terms. Your Fisker Ocean warranty is subject to the terms and conditions of the New Vehicle Limited Warranty Coverage. Roadside Assistance is available pursuant to the terms and conditions set forth in the Fisker Roadside Assistance Policy.

Linked Terms Reviewed and Agreed:
Purchaser: Co-Purchaser:


13. Service Terms. Fisker provides authorized repairs, maintenance, warranty service and other services for your Fisker Ocean through over-the-air diagnostics, Fisker owned Center Plus locations and mobile repair vehicles, and third-party service providers. By scheduling any one of these services, you agree to the Service Terms .

Linked Terms Reviewed and Agreed:
Purchaser: Co-Purchaser:


14. Premium Connectivity Services. Every Fisker Ocean comes with standard connectivity services. Premium Connectivity Services may be purchased as part of a package (included with the Extreme trim and comes with five years of Premium Connectivity Services at no charge to you commencing on your delivery date. After any initial free period (if any) expires, you may choose to purchase a subscription plan to continue Premium Connectivity Services. The agreement to provide a period of Premium Connectivity Services at no charge is personal to you and may not be transferred to any third party. The Premium Connectivity Services plan enables the HMI to support certain third-party content. Enabling the third-party content will also require you to establish an account with the applicable content provider. Such accounts may be free, have a charge, or have a free trial period followed by a subscription fee. Provision of the third-party content and your account with the third-party content provider will be subject to the terms and conditions and privacy policies of the third-party provider. Your use of the Premium Subscription Connectivity is subject to the Premium Connectivity Terms.

Linked Terms Reviewed and Agreed:
Purchaser: Co-Purchaser:


15. Accessories. Fisker sells certain Fisker owned and Fisker authorized third-party after- market products and accessories (“Accessory” or “Accessories”) through the Configurator and the Fisker Store. Each Accessory is subject to the warranty terms particular to that Accessory and is not incorporated into or subject to the Fisker Ocean limited warranty. Third-Party Accessories are subject to the terms of the third-party provider and are not warranted by Fisker. Solely in the event that the Accessory is installed by a Fisker authorized representative, use and installation of the Accessory will not void or alter the Fisker Limited Warranty applicable to the Fisker Ocean. Please note that certain Accessories when used with your Fisker Ocean may affect weight and aerodynamics of the vehicle altering its range capability and may also affect ride comfort and noise.

16. Force Majeure. The obligations of you and us will be suspended (other than payment obligations) to the extent that performance under this Order 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 Order 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 global conflicts, including, without limitation, any delay in delivery by suppliers.

17. Cancellation; Limitation of Liability. This Order Agreement may be terminated by us if you breach the terms of this Order Agreement. In the event that you do not fulfill your agreement to purchase your Fisker Ocean, or we cancel this Order Agreement due to your breach, we will retain your reservation fee, deposit, and transportation fee paid to us.

In the event that we are unable to perform or unilaterally terminate this Order 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 Order 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 Order Agreement exceed the total of the amounts you paid to Fisker pursuant to this Order Agreement.

18. Dispute Resolution and Class Action Waiver. To the fullest extent permitted by applicable law, this Section 18 shall govern the ways in which we will resolve disputes arising under this Order Agreement, including the documents referenced herein, 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 (collectively, “Claims”). Excluded from “Claims” and the obligation to resolve disputes in arbitration are claims to enjoin infringement or other misuse of intellectual property rights, file bankruptcy, or enforce a security interest in a vehicle by Fisker.

Initial Dispute Resolution

We are available by e-mail 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 to the extent not prohibited by the law of the jurisdiction of your residence. 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 the jurisdiction of the capital city of your state/province of residence. 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.

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.

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 Order Agreement (by indicating consent electronically), by sending an email to support@fiskerinc.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.

19. Entire Agreement; Electronic Acceptance. This Order Agreement and the documents incorporated by reference herein contain the entire agreement related to the purchase of your Fisker Ocean and supersedes all prior and contemporaneous representations or inducements. This Order Agreement may only be amended in writing. This Order Agreement is entered into and effective as of the date you accept this Order Agreement, by electronic means or otherwise.

You agree that the documents referred to herein and provided to you electronically through provision of a hyperlink to such documents is valid delivery and your signature (electronic or otherwise) below is consent to be bound by the terms and conditions located within such documents. You may remove this consent by contacting your Fisker Vehicle Admin Coordinator. You acknowledge that you have been provided access to the supplemental agreement documents at least forty-eight hours prior to completion of any sale transaction.


Fisker Group Inc.

By:
Dawn Ahmed
SVP, Sales, Marketing and Service

Purchaser:

Print Name:

Co-Purchaser:

Print Name: