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Thank you for placing an order to reserve a LAVO™ System. By making your “Reservation,” you have secured an approximate priority based upon the time and date LAVO™ receives your completed Reservation and payment of the pre-order fee (“Reservation Payment”). LAVO™ reserves the right to rearrange priority if needed (including re-arranging priority based on geographic region) based on the requirements of its proposed rollout.
Your Reservation becomes effective when LAVO™ receives your Reservation Payment, and you agree to this Agreement by submitting your Reservation. LAVO™ reserves the right to decline reservations to avoid oversubscription or as LAVO™ deems appropriate in our sole discretion. If your Reservation is declined, you will be notified.
3.1 Your Reservation Payment is fully refundable should you choose to cancel your Reservation at any time prior to the finalisation of your order. Prior to the time at which your order is finalised by LAVO™, you are under no obligation to purchase the LAVO™ System from LAVO™, and LAVO™ is under no obligation to supply you with a LAVO™ System. LAVO™ reserves the right to cancel your Reservation and refund your Reservation Payment at any time. If your Reservation is cancelled, you will be notified.
3.2 Your Reservation Payment is not a deposit towards your LAVO™ System. The Reservation Payments will be held in a separate account. Except to the extent required by applicable law, no interest will be paid to you on the Reservation Payment. LAVO™ will apply your Reservation Payment to the final purchase price of your System.
While this Reservation secures the approximate delivery priority of your LAVO™ System, it does not constitute the purchase or order of a LAVO™ System. When the start of production for your Reservation nears, LAVO™ will ask you to confirm whether you wish to proceed with an order for a LAVO™ System. If you elect to proceed, LAVO™ will create an order for your system, and you will receive a purchase agreement indicating the purchase price of the system, plus estimates of any additional taxes, duties, transport and delivery charges, and any other applicable fees. If you decide to proceed with your order, your Reservation Payment will be credited against the final purchase price. If you decide not to proceed with your order and instead decide to cancel your Reservation, your priority position and any benefits that come from that position will be forfeited, and your Reservation Payment will be refunded in full.
For the avoidance of doubt, the limitation of liability referred to in this clause is not intended to exclude any remedies available to you under the consumer guarantee provisions of the Australian Consumer Law.
To the maximum extent permitted by applicable law, LAVO™ makes no warranty of any kind in connection with your Reservation, Reservation Payment, or this Agreement.
Under no circumstances will LAVO™ 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 of damage of goodwill; (e) damage to name or reputation; or (f) loss or corruption of data.
The limitation of liability referred to above applies regardless of whether the indirect or consequential losses or damage arise in relation to contract, tort (including negligence) or under any statute or law, and include any such losses or damages otherwise arising out of LAVO™’s failure to perform in any way, even if LAVO™ has been advised of the possibility of occurrences which would or might lead to such loss or damages.
If LAVO™ is held liable for any damages related to your Reservation or these terms or conditions, your sole and exclusive remedy will be limited to the rights set forth herein.
You understand that LAVO™ may not have completed the development of the LAVO™ System or begun manufacturing the LAVO™ System as of the time of your Reservation. Further, you acknowledge that the LAVO™ System production vehicle may differ from the LAVO™ System presented to you and/or the vehicle you have selected on LAVO™’s website.
LAVO reserves all rights to change the design, available options, specifications of any of its vehicles, including the LAVO™ System, in any way and at any time.
You also acknowledge that, if you elect to purchase a LAVO™ System, the LAVO™ System will not be delivered until a date that is yet to be determined. Any representations made by a LAVO representative, LAVO partner, third party, or agent regarding the LAVO™ System’s production date, delivery date, delivery location, price, specifications, options, or similar detail may be subject to change and should not be regarded as binding on LAVO™.
Your Reservation is not transferable or assignable to another party without the prior written approval of LAVO™.
Your Reservation and these terms and conditions are governed by the laws of the State of New South Wales, Australia, without regard to its conflict of law provisions.