Pre-order agreement for motor vehicle OMotion 2
Documentation. Our pre-order agreement regarding motor vehicles OMotion 2 (the "Agreement") consists of the following documents:
- Vehicle Specification: The vehicle specification will be confirmed by you at a later date. It will indicate the vehicle ("Vehicle") that you have pre-ordered and indicate the price of the vehicle.
- Final price information: You get access to Final price information as the delivery date approaches. The final price information contains the determined final price based on the final Vehicle Specification, including taxes and government or government fees.
- Terms: These Terms begin to apply from the day you make your pre-order and make your payment for the pre-order (the "Pre-Order Date").
Pre-order agreement. You hereby agree to pre-order the Vehicle that you have configured when you made your payment for the Pre-Order and, by accepting the delivery of the Vehicle when it is ready for delivery, you agree that a binding purchase will occur and that you will then complete the transaction from OMotion AB (“we”, “us” or “our”), agree that the purchase has been completed, in accordance with the terms of this Agreement and approval of the Vehicle in your country. Your Vehicle is priced and configured based on the features and options available at the time of pre-order. Options, features or hardware that are launched after you have made your pre-order may not be included in or available for your Vehicle.
Pre-order price, taxes and fees. The pre-order price for the Vehicle will be confirmed in your Vehicle Specification and in Final price information. Since you may only have configured part of the Vehicle, the pre-order price stated in the Final price Information is only an estimate and may be subject to change. The pre-order price stated in the Vehicle Specification includes local VAT applicable at the time of your order, but does not include any local and regional necessary taxes and fees. Since taxes and fees are constantly changing and dependent on many factors, e.g. where you register the Vehicle, they will be calculated in close proximity to the delivery and stated in the final price confirmation. You are responsible for paying these taxes and fees.
Pre-order process; Cancellation; Changes. Once you have made your final pre-order and the options selected by you are put into production, we will urge you to complete the configuration of your Vehicle. In connection with this, we will send you the Vehicle Specification and Final Price Information based on the model's basic price and available alternatives you have chosen or options you have made. Your payment for the pre-order covers the cost of this work and other processing costs and is not a deposit for the Vehicle.
You can cancel your pre-order at any time up to the day the vehicle is delivered to you. If you cancel within fourteen (14) days from your pre-order you will receive a full refund of your payment for the pre-order. If you cancel after fourteen (14) days from your pre-order, OMotion will stipulate its right to keep the pre-order payment in order to cover for costs related to the order and the cancellation. Since it is difficult to estimate these costs, you hereby confirm that the pre-order amount is a fair and just amount to cover the costs that OMotion may incur.
You can make changes to your Vehicle specification until your final configuration has been matched to a vehicle. If you make changes to the configuration of the Vehicle, you may be required to pay any price increases in accordance with price adjustments that may have occurred since your original Pre-Order Date. Any changes made by you regarding your Vehicle Specification, including changes to the delivery location or estimated delivery date, will be set forth in a subsequent Vehicle Specification which will form part of this Agreement. When you receive the delivery of the Vehicle, we will credit an amount from the final pre-order price for your Vehicle, corresponding to the amount you paid for the pre-order. This pre-order payment and this Agreement are not made or entered into pending or pending a subsequent sale contract. Except as expressly provided in this Agreement or in the region-specific provisions, this Agreement is binding and you are not entitled to terminate it. If you are a consumer, the cancellation provisions of this Agreement do not affect your right to terminate the Agreement in accordance with local law.
Delivery. We will notify you in advance of the date your Vehicle is expected to be ready for delivery. You therefore undertake to plan for and accept the delivery of your Vehicle within one week of this date. If you are prevented from receiving delivery within the specified time period, your Vehicle may become available for sale to other customers. In the event that the Vehicle on behalf of you is shipped to you via a third-party carrier, you are responsible for shipping costs unless otherwise agreed. You hereby acknowledge and confirm that the delivery of the Vehicle, including the transfer of ownership and the transfer of risk, occurs when the Vehicle comes into the possession of the third-party carrier (i.e. the FOB loading point). The carrier insures your Vehicle during transport and you are the beneficiary of any claims for damages to the Vehicle, including transfer of ownership and risk of loss when the Vehicle is loaded on the carrier's means of transport. You are aware that the development and manufacture of OMotion XL has not necessarily been completed by the time you enter into this Agreement and therefore we cannot guarantee when your Vehicle will actually be delivered. Your actual delivery date depends on many factors, including your Vehicle's configuration and availability. To guarantee final payment and your fulfillment under the terms of this Agreement, we reserve the right to own the Vehicle until your contractual obligations have been fulfilled.
Warranty. You hereby agree to obtain OMotions's Limited New Car Warranty from our website, which will become available as the time for delivery of the Vehicle approaches. If you are a consumer, this warranty gives you rights in addition to the statutory warranty rights you have under mandatory applicable law. If you are not a consumer, OMotion's Limited New Car Warranty will replace your statutory warranty rights.
Owner’s Manual. You undertake to go through and understand the Owner's Manual, which will be available in your Vehicle's touch screen and explain the operation of your Vehicle including applicable options, features and hardware. The Owner's Manual may be updated and revised as new features for your Vehicle are introduced.
Limitation of Liability. Under no circumstances are we liable for unforeseen or special damages or consequential damages arising in connection with this Agreement. In the event that we are held liable for such damages, your compensation will be limited solely to reimbursement of your payment for the pre-order. This limitation of liability clause shall not apply in the event of intentional neglect, intentional fraud or gross negligence on our part, or in the event of death or personal injury.
Termination; Cancellation. OMotion has the right to cancel your pre-order and refund your payment for the pre-order if we withdraw a product, feature or choice after you have made your pre-order, or if we make the judgment that you acted in bad faith.
Applicable law, integration and transfer. The terms of this Agreement are governed by and construed in accordance with the laws of the jurisdiction in which we have a physical business for the sale of motor vehicles closest to your address as specified. Previous agreements, oral statements, negotiations, communications or commitments regarding the Vehicle pre-ordered in accordance with this Agreement shall be replaced by this Agreement. Terms regarding the pre-order not expressly mentioned in this Agreement are not binding.
Region-specific provisions. You confirm that you have read and understood the provisions applicable to you in accordance with the region-specific provisions included in this Agreement.
This Agreement is entered into and takes effect as of the date you accept this Agreement, either electronically or otherwise. By confirming and accepting this Agreement, you agree to the terms of the Agreement.
If you are a consumer and this agreement was entered into using the means of distance communication (eg online or over the phone) you can cancel your pre-order for up to 14 days after delivery of the Vehicle. In order to cancel, you must clearly inform us of your decision to cancel this Agreement within this 14-day period by letter sent by mail or by contacting us via e-mail to firstname.lastname@example.org.
If you exercise your right of withdrawal, we will refund all payments you made as a result of the purchase through the payment method used by you. In accordance with the applicable legislation, you are responsible for the corresponding reduction in value insofar as it is due to the fact that you handled the product to a greater extent than was necessary to determine its characteristics or function. In case of such depreciation, we may deduct a corresponding amount on the refund. You are obliged to return the Vehicle to OMotion without undue delay and in any case no later than 14 days from the date you notified us of your decision to exercise the right of withdrawal. You are responsible for direct costs attributable to the return of the Vehicle. After the Vehicle has been returned, OMotion will refund the amount to you (after any deductions).
To: OMotion AB, Sweden
I/We hereby exercise my/our right of withdrawal and I/we will cancel my/our Pre-order agreement regarding the following vehicle, Pre-order date/Delivery date
Customer's signature (needed only if a physical form is used), Date: