Last Updated: October 25, 2021
INTRODUCTION
These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders (each a “Pre-Order”) with Xponent Power, Inc. (“we”, “us”, or “Xponent”) for our solar awing product and related accessories (the “Product”). Please read these Terms carefully before submitting your Pre-Order for any Xponent Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
PRE-ORDER RESERVATION
When placing a Pre-Order for Xponent Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Xponent shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to xpanse@xponentpower.com.
You acknowledge and agree that Xponent may decline or delay reservations to avoid oversubscription or as it deems appropriate, provided that we will make efforts to inform you within two (2) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of the Deposit.
PAYMENT
You will be charged a One Hundred Dollar ($100.00) deposit (the “Deposit”) at the time of placing the Pre-Order. Your placing of a pre-order constitutes your express agreement to Xponent to charge the full Price of the Products at the time the Product is shipped. All orders for Products must be paid in full, including shipping, prior to delivery. by Xponent of the Product to you.
PRIORITY
Xponent will build Products according to the order in which the Pre-Order is received. This position does not imply receiving a particular number associated with your Products. If you cancel or forfeit your reservation in accordance with the terms of this Agreement, your position will be taken by the next person on the Product reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Product reservations. Furthermore, we may in our discretion prior to fulfilling Product reservations offer for sale to the public (for instance, by auctioning off) a limited number of Products. Please consult our website or our newsletter for more information about such events.
DELIVERY SCHEDULE
Although we are currently projecting that we will be able to commence delivering Products by the second half of 2022, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Xponent does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the Product is not met, Xponent is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodic updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for below.
PRICE
Xponent reserves the right to determine pricing for the Product as well as charges and method of shipping the Product. Xponent will make reasonable efforts to keep pricing information published on the Site up to date. We encourage you to check our Site periodically for current pricing information. Xponent, at its sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. The purchase price (the “Price”) does not include taxes and other government charges, or shipping costs, all of which are your responsibility. Please check with your state or county customs office to determine if there will be additional costs prior to completing your pre-order.
CANCELLATION
You or Xponent may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you to make the full payment for the product. If you do so prior to our notice of delivery, you will obtain a refund of the Deposit without interest. If Xponent cancels your reservation, you will receive a full refund of the Deposit without interest (and you will not pay any processing fee).
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL XPONENT BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT XPONENT IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR DEPOSIT WITHOUT INTEREST.
TERMS AND CONDITIONS OF SALE
Purchases of the Products are subject to Xponent’s terms and conditions as may be in effect from time to time. Please refer to our Terms and Conditions posted on the Site, which are subject to change without notice. Your purchase of the Product will be subject to these terms and conditions and the associated refund policy.
AGE AND RESIDENCY
You acknowledge that you are at least 18 years old, are a resident of the United States, and will take delivery of your Product in the United States.
CUSTOMER INFORMATION
We will use any information that we may collect about you only in accordance with our Privacy Policy. Please see our Privacy Policy posted on the Site.
DISCLAIMER
XPONENT DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY XPONENT WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER FURTHER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENT FROM THE PROTOTYPE PRODUCT. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR PRE-ORDER AS DESCRIBED ABOVE.
CHANGES TO THE TERMS
Xponent reserves the right to change any of the Terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, you may cancel your pre-order for a full return of your Deposit.
MISCELLANEOUS PROVISIONS
These Terms constitute the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of California, without reference to its conflict of laws principles. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in the Alameda County, the place where this Agreement was entered and is to be performed. You may not assign this Agreement or any of the rights granted to you hereunder.