Fisker Ocean Order Agreement Terms and Conditions

Fisker Ocean Order 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 electronically executing this Order Agreement, and converting your previously placed Reservation Deposit into a fully 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 Order Agreement Terms and Conditions (“Order 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 Order Agreement. In the event of any conflict between the Terms of Use and this Order Agreement, the Order Agreement controls. 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; (ii) a current Fisker Ocean reservation holder; and (iii) a resident of the continental United States with the delivery and registered address of your Fisker Ocean to occur within the United States. 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 Fisker is not liable for inaccurate or outdated information.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; Order Agreements. The Vehicle Configurator that you used to process this Order describes your Fisker Ocean base trim (Extreme, Ultra or Sport) chosen by you subject to this Order Agreement. As your production date nears, you will be contacted to add any additional options and accessories through the Vehicle Configurator which are available at that date at the price then applicable to such options and accessories.

    This final configuration will describe your Fisker Ocean subject to this Order 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 purchase agreement will include this Order Agreement, Sales Agreement, final Fisker Ocean Configuration Sheet and the Final Price Sheet, together with other ancillary agreements which may apply for services you choose.

  4. 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 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.

  5. Text Messages and Phone Calls. 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.

  6. Purchase Price; Incentives. The price of the Fisker Ocean indicated in the Vehicle Configurator at the time of your initial order is the base price for the trim level you choose (Extreme, Ultra or Sport). Closer to production, you will be given the opportunity to choose colors, wheels, hardware, over-the-air options, and other options and accessories. The final price of your Fisker Ocean will be as indicated in the Vehicle Configurator for the base price of your chosen variant (Extreme, Ultra or Sport), together with any of these final options, 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 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. Further, please note that Fisker is not providing tax advice 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 incentives in making your decision to place this Order.

  7. Delivery. We will notify you when your Fisker Ocean becomes available for delivery. We may deliver Fisker Ocean 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 Extreme in the United States to commence by late July 2023, however, these deliveries may be constrained by events beyond our reasonable control. We are targeting commencing deliveries of the Fisker Ocean Ultra and Fisker Ocean Sport trims in October 2023, again subject to events beyond our reasonable control. The delivery time of your Fisker Ocean is 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. Any estimated delivery date of your Fisker Ocean, 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 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 (likely California, though subsequent delivery of your Fisker Ocean may take place from another state in which Fisker has a license for sale). In that event, 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 will retain a security interest in your Fisker Ocean 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 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, we will store your Fisker Ocean in a secure location at your expense.

  8. 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 or final sales agreement was entered into with a view toward 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.

  9. 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 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 EPA 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 configuration may change prior to delivery of your Fisker Ocean.

    Additional features may be available for your Fisker Ocean via over-the-air update. Future updates may not be available during the 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.

  10. 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.

    CategoryYears / MileageYears / Kilometers
    Basic Warranty6 / 60,000 miles6 / 100,000 km
    Powertrain Warranty 10 / 100,000 miles10 / 160,000 km
    Battery Warranty10 / 100,000 miles / 75%10 / 160,000 km / 75%
    Corrosion12 / Unlimited mileage12 / Unlimited km
    Roadside Assistance6 / 60,000 miles6 / 100,00 km


    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.

  11. 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 the war in Ukraine, including, without limitation, any delay in delivery by suppliers.

  12. 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 as liquidated damages.

    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.

  13. 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 Order 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 (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. 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.

    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.