This Reservation Agreement between the person or entity identified below as you and KLD Energy Technologies, Inc., located at 1611 Headway Circle, Bldg 3, Austin, TX 78754, U.S.A., (“KLD”) is for your reservation of a Kenguru vehicle with us.
By entering into this Reservation Agreement you hereby confirm that you wish to reserve a Kenguru vehicle (prototype can be viewed on our website).
2. Nature of Agreement; Non-Binding Reservation The Reservation Payment is NON-REFUNDABLE and provides you with the benefits in Section 4 below depending on the level of your payment. This Agreement does NOT constitute an agreement for the sale of a vehicle and does not lock in pricing, a production slot, or an estimated delivery date. You are under no obligation to purchase a vehicle from us, and we are under no obligation to supply you with a vehicle. If and when we notify you of the availability of the vehicle and you wish to proceed with the purchase, such sale and purchase will be governed by a separate and legally binding Purchase Agreement between you and an authorized dealer. In the event a purchase is made, you will receive a discount from the authorized Kenguru dealer as described directly below in Section 4..
3. Effective Date; Reservation Process
This Agreement is formed and becomes effective when we receive both your validly executed Agreement and your Reservation Payment in the amount and form stated in the Payment Instructions provided to you in connection with this Agreement. You may execute this Agreement by either: (i) hand-delivering or sending a signed Agreement to us by facsimile, email or prepaid post; or (ii) by acknowledging and accepting this Agreement online. We will be deemed to have received your Agreement on actual receipt by KLD. You may make your Reservation Payment by any means described in the Payment instructions. Once this Agreement becomes effective, you will be placed on the reservations list and will receive communications about our program.
4. Reservation Payment Amount
You may request to be put on the Reservation List without making any payment. Participants that make a Reservation Payment Amount of either $750, $1,000 or $1,250 will be placed on a higher priority on the Reservation List above those Participants that do not make any payment. Participants that make a Reservation Payment Amount will also receive a credit on the eventual purchase of the Kenguru Vehicle from an authorized dealer. The amount of the credit will be larger for those Participants that pay a higher level of Reservation Payment as shown below:
5. Purchase of Kenguru Vehicle
When the Kenguru vehicle is commercially available, we will provide you contact information for the nearest authorized Kenguru dealer for you to purchase your Kenguru vehicle. KLD will arrange for the dealer to offer you the applicable discount in Section 4.
6. Purchase Price
Base vehicle and/or option pricing may not be available at the time of your reservation and, if pricing is available, it is subject to change until agreed upon in an executed Purchase Agreement.
7. Transferability of Reservation and Forfeiture of Reservation Payment Amount
If you do not wish to purchase the Kenguru vehicle after being notified that it is commercially available, you will relinquish your reservation sequence position and forfeit your Reservation Payment Amount. This Agreement is not transferable or assignable to another party without the prior written approval of a KLD authorized representative.
We will establish your reservation sequence position based upon the date of receipt of a fully executed Reservation Agreement and your payment, if any. We may decline reservations to avoid over-subscription or as we deem appropriate in our sole discretion. If your reservation is declined, you will be notified and your Reservation Payment will be refunded.
From time to time we will ask you to provide information to enable us to perform our obligations under this Agreement. The personal information we collect from you will include the information provided in the signature page of this Agreement or online when you complete the reservation process. We will treat all your personal information as confidential (though we reserve the right to disclose this information in the circumstances set out below). We will keep it securely and we will fully comply with our obligations under applicable data protection and privacy laws. You hereby give us your consent to use your personal information and other information you provide so we can process your reservation and conduct administration, and inform you of any marketing information. We may share this information with other group companies and authorized Kenguru dealers for these purposes. From time to time, we may contact you by mail, telephone, email, text and fax for the above purpose and you agree you will not consider any of the above as being a breach of any of your rights under any data privacy, data protection or privacy law. You can opt out of receiving marketing information from us at any time and you may contact us for more information. However, we will still use your information to process your reservation. You may ask for a copy of your information and you may correct any inaccuracies. We will be the responsible party for the management of your personal information
10. 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 of damage of 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 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 reservation or this Agreement, your sole and exclusive remedy will be limited to reimbursement of the Reservation Payment paid to us.
YOU UNDERSTAND THAT KLD ENERGY TECHNOLOGIES, INC., MAY NOT HAVE COMPLETED THE DEVELOPMENT OF THE VEHICLE OR BEGUN MANUFACTURING THE VEHICLE AT THE TIME OF YOUR RESERVATION. WE WILL NOT HOLD YOUR RESERVATION PAYMENT SEPARATELY OR IN AN ESCROW OR TRUST FUND OR PAY ANY INTEREST ON RESERVATION PAYMENTS, EXCEPT TO THE EXTENT REQUIRED BY LAW.
12. Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of Texas, U.S.A., without regard to its conflict of laws provisions. Both parties consent to the exclusive jurisdiction and venue of the state and federal courts in Austin, Texas, U.S.A.