Reservation Service Agreement for Ventus First-Generation Electric Boat
Effective Date: November 15, 2024
This Reservation Service Agreement (the “Agreement”) is entered into by and between Pollentia Inc., a corporation organized under the laws of the State of Texas and headquartered in Dallas, Texas (“we,” “us,” or “our”), and the reserving customer (“you” or “your”), to outline the terms and conditions for reserving a Ventus First-Generation Electric Boat (the “Product”) and securing a position in our production line.
1. Reservation Fee and Purpose
1.1. You agree to pay a refundable reservation fee of $1,000 (the “Reservation Fee”) to secure your position in our production line for the Ventus First-Generation Electric Boat.
1.2. The Reservation Fee does not constitute a purchase deposit, nor does it obligate you to purchase the Product or obligate us to sell the Product.
1.3. Upon proceeding to the pre-order stage, the Reservation Fee will be applied as a credit toward the final purchase price of the Ventus First-Generation Electric Boat, including your selected configurations and applicable taxes.
1.4. This Agreement does not guarantee production, delivery, or pricing for specific configurations of the Ventus First-Generation Electric Boat. These details will be finalized during the pre-order stage.
2. Reservation and Pre-Order Process
2.1. Pre-Order Announcement:
We will notify you via email and written notice when your reservation progresses to the pre-order stage (the “Pre-Order Announcement”).
The Pre-Order Announcement will include information about available configurations of the Ventus First-Generation Electric Boat, estimated pricing, and timelines for confirming your pre-order.
2.2. Timeline for Pre-Order:
You have two (2) months from the date of the Pre-Order Announcement to confirm your configurations and proceed with the pre-order process for the Ventus First-Generation Electric Boat.
In cases of limited availability, the Pre-Order Announcement will specify an adjusted timeline.
2.3. Expiration of Reservation:
If you do not confirm your pre-order within the specified timeline, we reserve the right to cancel your reservation and refund your Reservation Fee.
3. Refund and Cancellation Terms
3.1. Refundable Period:
The Reservation Fee is fully refundable if you cancel your reservation for the Ventus First-Generation Electric Boat before confirming your pre-order or before the expiration of the pre-order timeline.
3.2. Non-Refundable Transition:
Once you confirm your pre-order for the Ventus First-Generation Electric Boat or the pre-order timeline has expired, the Reservation Fee becomes non-refundable.
3.3. Refund Processing:
Refunds for cancellations made during the refundable period will be processed within fourteen (14) days of your cancellation request.
3.4. Method of Refund:
Refunds will be issued using the original payment method unless otherwise agreed.
3.5. Cancellation of Pre-Order:
Any cancellation after confirming your pre-order will be governed by the terms of the final purchase agreement for the Ventus First-Generation Electric Boat.
4. Agreement to Purchase
4.1. By confirming your pre-order, you agree to purchase the Ventus First-Generation Electric Boat in accordance with the finalized configurations and pricing provided during the pre-order process.
4.2. Additional fees, including taxes, official fees, and costs related to optional services, will apply and be outlined in the final purchase agreement.
4.3. You acknowledge and accept that configurations, features, and estimated delivery timelines are subject to change based on production capabilities or other factors outside our control.
5. Pricing and Fees
5.1. The Reservation Fee secures your position in the production line but does not guarantee pricing, availability, or specific configurations of the Ventus First-Generation Electric Boat.
5.2. Final pricing, including taxes and fees, will be determined at the time of pre-order confirmation and reflected in the final purchase agreement.
5.3. If pricing adjustments occur between your reservation date and pre-order confirmation, you will have the option to accept the new pricing or cancel your reservation for a full refund.
6. Changes and Updates
6.1. Modifications by You:
You may update or modify your reservation during the refundable period, subject to availability and applicable pricing adjustments.
6.2. Modifications by Us:
We reserve the right to update or modify estimated production timelines, configurations, or availability of certain features for the Ventus First-Generation Electric Boat.
Any changes affecting your reservation will be communicated promptly.
6.3. Force Majeure:
We are not responsible for delays or modifications caused by events beyond our control, including but not limited to natural disasters, supply chain disruptions, regulatory changes, or labor shortages.
7. Dispute Resolution
7.1. Mediation and Arbitration:
Any dispute, claim, or controversy arising out of or related to this Agreement shall first be submitted to mediation in Dallas, Texas.
If mediation does not resolve the dispute, it will be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
7.2. Jurisdiction and Venue:
Mediation or arbitration will be conducted in Dallas, Texas.
7.3. Costs and Fees:
Pollentia Inc. will bear the costs of mediation or arbitration, excluding the initial filing fee, which you will pay but will be reimbursed if you prevail.
7.4. Exclusions:
This clause does not prevent either party from seeking relief in small claims court for qualifying disputes.
8. Notices and Communications
8.1. All notices related to this Agreement, including the Pre-Order Announcement, will be sent to the email and mailing address provided by you during the reservation process.
8.2. It is your responsibility to ensure your contact information remains accurate and up to date.
8.3. Notices will be deemed received within 24 hours if sent electronically or five (5) business days if sent via postal mail.
9. Miscellaneous Terms
9.1. Entire Agreement:
This Agreement represents the entire understanding between you and Pollentia Inc. regarding the reservation of the Ventus First-Generation Electric Boat and supersedes all prior agreements or understandings, whether written or oral.
9.2. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
9.3. Severability:
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.4. No Assignment:
You may not assign or transfer your reservation or rights under this Agreement without prior written consent from Pollentia Inc.