Terms & Conditions

 

Agreement to Pre-Order. You agree to pre-order a Vanderhall Brawley (the “Vehicle”). The price reflected for the Vehicle is the base price and is subject to change, such as for dealer fees, taxes, or increases in costs of production between the time this order is placed and when you take delivery of the Vehicle. Accordingly, the base price is an estimate only, and should not be considered the final price for the Vehicle. Indeed, the final price for the Vehicle may vary by 10% or more. You will receive a final price sheet enumerating the final price for the Vehicle prior to taking delivery of the Vehicle, and you will be responsible for paying the total amount on the final price sheet.

 

Pre-Order Funds; Cancellation; Changes. Your pre-order payment covers order processing costs and, as such, is non-refundable. You will receive a credit on the final price sheet equal to the pre-order payment. Until you take delivery of the Vehicle, you may cancel your pre-order at any time. If you make changes to your pre-order, you may be subject to potential price increases for any pricing adjustments made since your original pre-order date. The pre-order payment and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.

 

Delivery. The Vehicle will be delivered by Vanderhall Motor Works, Inc. (“Vanderhall”) to a Vanderhall Authorized Dealer closest to you or to the Vanderhall Authorized Dealer who’s territory includes your place of residence (the “Dealer”). The Dealer will notify you when the Vehicle arrives at the Dealer and will provide you with the final price and final price sheet. You agree to take delivery of the Vehicle from the Dealer and provide payment of the total price indicated on the final price sheet to the Dealer. The Dealer will handle all elements of the transaction; you are not purchasing the Vehicle from Vanderhall. Rather, you are purchasing the Vehicle from the Dealer. If you fail to take delivery of the Vehicle within ten (10) days after it arrives at the Dealer, the Dealer may sell the Vehicle to another consumer, and you will forfeit any further rights you may have under this Agreement. You understand that Vanderhall may not have completed the development of the Brawley or begun manufacturing the Brawley at the time you entered into this Agreement and so it does not guarantee when the Vehicle will actually be available for delivery to you. The actual delivery date is dependent on many factors, including manufacturing availability.

 

Agreement to Arbitrate. Please carefully read this provision, which applies to any dispute between you and Vanderhall. If you have a concern or dispute, please send a written notice describing it and your desired resolution to legal@vanderhallusa.com. If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Vanderhall will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our products. You will be responsible for your own costs associated with arbitration, and any fees due to the AAA will be shared equally by you and Vanderhall. Arbitration will be held in Utah County, Utah. To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org

 

The arbitrator may only resolve disputes between you and Vanderhall and may not consolidate other claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing or leasing Vanderhall vehicles. In other words, you and Vanderhall may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) may be brought in court and any other claims must be arbitrated.

 

Warranty. At or prior to the time you take delivery of the Vehicle, the Dealer will provide you with, or provide clear instructions on how to obtain, a Written Limited Warranty applicable to the Vehicle.

 

Limitation of Liability. Vanderhall is not liable for any incidental, special, or consequential damages arising out of this Agreement. Your sole and exclusive remedy

under this Agreement will be limited to reimbursement of your pre-order payment.

 

No Resellers; Discontinuation; Cancellation. Vanderhall may unilaterally cancel any order that is believed to have been made with a view toward resale of the Vehicle or that has otherwise been made in bad faith. Vanderhall may also cancel your pre-order if a product, feature, or option is discontinued after you place your pre-order or if Vanderhall determines that you are acting in bad faith. If production of the Brawley vehicle model does not commence within one (1) year after the date of your pre-order, Vanderhall will provide you with a full refund of your pre-order payment.

 

Governing Law; Integration; Assignment. The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State of Utah. Prior agreements, oral statements, negotiations, communications, or representations about the Vehicle sold under this Agreement are superseded by this Agreement. Terms relating to the pre-order not expressly contained herein are not binding. Vanderhall may assign this Agreement at its discretion to one of its affiliated entities.

 

This Agreement is entered into and effective as of the date you accept this Agreement, which acceptance may be acknowledged by selecting the box below labeled “I Agree.” By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.