Greenzie Kit Pre-Order AgreementTerms & Conditions
Your Greenzie Pre-Order Agreement (the “Agreement”) is made up of the following documents:
1. Kit Configuration: The Kit Configuration describes the kit that you ordered, including pricing (excluding taxes and official or government fees).
2. Final Price Sheet: The Final Price Sheet will be provided to you as your delivery date nears. It will include final pricing based on your Kit Configuration and will include taxes and official or governmental fees.
3. Terms & Conditions: These Terms & Conditions are effective as of the date you place your order and make your Order Payment (the “Order Date”).
Agreement to Purchase.
You agree to purchase the Greenzie Autonomous Retrofit Kit (the “Kit”) described in your Kit Configuration from Greenzie or its affiliates (“we,” “us” or “our”), pursuant to the terms and conditions of this Agreement. Your Kit is priced and configured based on features and options available at the time of order and you can confirm availability with a Greenzie representative. Options, features or hardware released after you place your order may not be included in or available for your Kit.
Purchase Price, Taxes and Official Fees.
The purchase price of the Kit is indicated in your Kit Configuration. This purchase price does not include taxes and official or government fees, which could amount to up to 10% or more of the Kit purchase price. Because these taxes and fees are constantly changing and will depend on many factors, such as where you purchase the Kit, they will be calculated closer to the time of delivery and indicated on your Final Price Sheet. You are responsible for paying these additional taxes and fees. If you present a check for any payment, we may process the payment as a normal check transaction, or we may use information from your check to make a one-time electronic fund transfer from your account, in which case your bank account will reflect this transaction as an Electronic Fund Transfer.
Order Process; Changes.
After you submit your completed order, we will begin the process of producing your Kit and begin preparing and coordinating your Kit delivery. Until your Kit is delivered to you, you may cancel your order at any time, in which case you will receive a full refund of your Order Payment. If you make changes to your order, you may be subject to potential price increases for any pricing adjustments made since your original Order Date. Any changes made by you to your Kit Configuration, including changes to the delivery location or estimated delivery date, will be reflected in a subsequent Kit Configuration that will form part of this Agreement. When you take delivery of the Kit, we will provide a credit to the final order price of your Kit equivalent to the amount of the Order Payment you paid. This Order Payment and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.
If you are picking up your Kit in a state where we are licensed to sell the Kit, we will notify you of when we expect your Kit to be ready for delivery. You agree to schedule and take delivery of your Kit within one week of this date. If you are unable to take delivery within the specified period, your Kit may be made available for sale to other customers. If you wish to pick up your Kit in a state where we are not licensed to sell the Kit, or if you and Greenzie otherwise agree, Greenzie will, on your behalf, coordinate the shipment of your Kit to you from our facility or another state where we are licensed to sell the Kit. In such a case, you agree that this is a shipment contract under which Greenzie will coordinate the shipping of the Kit to you via a third-party common carrier. You agree that delivery of the Kit, including the transfer of title and risk of loss to you, will occur at the time your Kit is loaded onto the common carrier’s transport (i.e., FOB shipping point). The carrier will insure your Kit while in transit and you will be the beneficiary of any claims for damage to the Kit or losses occurring while the Kit is in the possession of a common carrier.
The estimated delivery date of your Kit, if provided, is only an estimate as we do not guarantee when your Kit will actually be delivered. Your actual delivery date is dependent on many factors, including your Kit's configuration and manufacturing availability. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Kit and all proceeds there from until your obligations have been fulfilled.
Agreement to Arbitrate.
Please carefully read this provision, which applies to any dispute between you and Greenzie and its affiliates, (together “Greenzie”). If you have a concern or dispute, please send a written notice describing it and your desired resolution to firstname.lastname@example.org. 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 Greenzie 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. We will pay all AAA fees for any arbitration, which will be held in the city or county of your residence. 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 Greenzie, and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing Greenzie Kits. In other words, you and Greenzie 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) must be brought in court and any other claims must be arbitrated. If you prefer, you may instead take an individual dispute to small claims court. You may opt out of arbitration within 30 days after signing this Agreement by sending a letter to: Greenzie; 3423 Piedmont Road Northeast; Atlanta, GA 30305; stating your name, Kit Identification Number, and intent to opt out of the arbitration provision. If you do not opt out, this agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract.
You will receive the Greenzie New Kit Limited Warranty, as applicable, at or prior to the time of Kit delivery or pickup. You may also obtain a written copy of your warranty from us upon request or from our website.
Limitation of Liability.
We are 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 Order Payment. No Resellers; Discontinuation; Cancellation.
Greenzie and its affiliates sell kits directly to end-consumers, and we may unilaterally cancel any order that we believe has been made with a view toward resale of the Kit or that has otherwise been made in bad faith. We may also cancel your order and refund your Order Payment if we discontinue a product, feature or option after the time you place your order or if we determine that you are acting in bad faith.
Governing Law; Integration; Assignment.
The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State in which we are licensed to sell Kits that is nearest to your address indicated on your Kit Configuration. Prior agreements, oral statements, negotiations, communications or representations about the Kit sold under this Agreement are superseded by this Agreement. Terms relating to the purchase not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.
This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.