This Pre-Order Agreement between the person or entity identified below as you and Artoo Australia Pty Ltd, trading under the name of Artoo identified below as Artoo, we or us, is for your pre-order of artooCavasTM (“Canvas“) with us.
By entering into this Pre-Order Agreement (“Agreement“) you hereby confirm that you wish to have a priority to order a Canvas once these are ready for sale in your region. You understand that we may not have completed the development of the Canvas or begun manufacturing the Canvas at the time of your pre-order.
2. Nature of Agreement; Non-Binding Pre-Order Payment
The Pre-Order Payment is refundable should you decide not to purchase a Canvas from us when it becomes available.
This Agreement does explicitly not constitute an agreement for the sale of a Canvas and does not lock in pricing, a production slot, or an estimated delivery date.
This Agreement doesn’t give you an obligation to purchase a Canvas from us and doesn’t give us an obligation to produce the Canvas.
If and when we notify you of the availability of a Canvas and you wish to proceed with the purchase of a Canvas, such sale and purchase will be governed by a separate and legally binding purchase agreement between you and us or between you and another dealer which is authorized by Artoo.
In the event a purchase is made, your pre-order amount will be credited against the purchase price of the Canvas.
3. Pre-Order Payment Amount
Ten Australian Dollars AUD 10.00 pre-order payment entitles you to a 10% (15%) discount off the purchase price of the Canvas, and to a priority delivery date based upon the effective date of this Agreement.
4. Effective Date; Pre-Order Process
This Agreement is formed and becomes effective when we receive your Pre-Order Payment. Once this Agreement becomes effective, you will be placed on the pre-orders list and you will receive communications about the development of the Canvas.
5. Purchase Price
The price of the Canvas and any option pricing may not be available at the time of your pre-order and, if pricing is available, it is subject to change until agreed upon in an executed purchase agreement.
6. Non-Purchase and Non-Transferability
This Agreement is not transferable or assignable to another party without the prior written approval by us.
We will establish your pre-order sequence position in our sole discretion. We may decline pre-orders to avoid over-subscription, if we are unable to commence shipping of the Canvas to your region or as we deem appropriate in our sole discretion. If your pre-order is declined, you will be notified, and your pre-order payment will be refunded.
8. Right of Revocation
You have the right to revoke from the Agreement at any time without giving a reason.
To exercise your right of revocation, you must send a clear statement to firstname.lastname@example.org informing us about your decision to revoke the Agreement. You may use the attached template but the use of the template is not mandatory.
If you revoke this Agreement, we will refund the pre-order payment received from you within 14 days from the day we received your statement of revocation. We will use the same payment method you used to complete the transaction, to refund the payment, unless otherwise expressly agreed with you. We will not charge you any fee for this refund.
9. Limitation of Liability
To the maximum extent permitted by applicable law, we make no warranty of any kind in connection with this Agreement or its subject matter. Under no circumstances will we be held liable for any indirect or consequential loss or damage, including any and all (a) loss of opportunity (including loss of contract or right to offer or tender); (b) lost opportunity cost; (c) loss of business; (d) reduction or damage to goodwill; (e) damage to name or reputation; (f) loss or corruption of data, and regardless of whether any or all of these circumstances are considered to be indirect or consequential losses or damage, in contract, tort (including negligence), under any statute or law or otherwise arising out of our breach of this Agreement, even if we have been advised of the possibility of occurrences which would or might lead to such loss or damages. If we are held liable for any damages related to your pre-order or this Agreement, your sole and exclusive remedy will be limited to reimbursement of the pre-order payment paid to us.
10. Governing Law and Jurisdiction
This Agreement is governed by the laws of Australia without regard to its conflict of law provisions. Disputes that arise from the Agreement, and which cannot be settled amongst themselves, will be handled by the courts of New South Wales.
Ref. Cancellation of my pre-order agreement.
On [DATE] I entered into the agreement with Artoo for the pre-order of an artooCanvas.
I am hereby giving notice that I wish to exercise my rights and cancel my contract with you.
I would be grateful if you could confirm cancellation and I look forward to having my money returned as soon as possible or at the latest within 14 days of your receipt of this letter.