METACYCLE Order Agreement
Terms & Conditions
Agreement to Purchase. You agree to purchase the Metacycle from SONDORS (“we,” “us” or “our”), pursuant to the terms and conditions of this Agreement. Your Metacycle is priced based on features and options available at the time of order.
Order Process; Cancelation. After you submit your completed order, we will begin the process of preparing and coordinating your Metacycle delivery. At this point, you agree that any paid Order Fee, Order Deposit, Transportation Fee and Payment Processing Fee have been earned. Any Payment Processing Fee is non-refundable, and if you cancel your order or breach this Agreement and we cancel your order, you agree that we may retain as liquidated damages the Order Fee, Order Deposit and Transportation Fee, to the extent not otherwise prohibited by law. You acknowledge that the Order Fee, Order Deposit and Transportation Fee are a fair and reasonable estimate of the actual damages we have incurred or may incur in transporting, remarketing, and reselling the Metacycle, costs which are otherwise impracticable or extremely difficult to determine. The Order Fee, Order Deposit, Transportation Fee and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.
Delivery. We will notify you of when we expect your Metacycle to be ready for delivery. You agree to schedule and take delivery of your Metacycle within three (3) days of this date. If you do not respond to our notification or are unable to take delivery within the specified period, your
Metacycle may be made available for sale to other customers. If you do not take delivery within thirty (30) days of our first attempt to notify you, SONDORS may cancel your order and keep your Order Fee.
To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Metacycle and all proceeds therefrom until your obligations have been fulfilled.
The estimated delivery date of your Metacycle, if provided, is only an estimate as we do not guarantee when your Metacycle will actually be delivered. Your actual delivery date is dependent on many factors, including manufacturing availability.
Agreement to Arbitrate. Please read this agreement carefully. You are agreeing that any dispute between you and SONDORS or its affiliates (which we call “SONDORS”) will be decided by an arbitrator in arbitration rather than by a judge or jury in court. This includes claims arising before you placed your order for your System, such as claims related to statements SONDORS made about our products. If you have a concern or dispute, please send us an email to firstname.lastname@example.org, describing your concern or dispute and how you would like it resolved. Please include your name, e-mail, phone number, and (if applicable) the order number. If the dispute is not resolved within 60 days from the date of your email, the dispute will be decided by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Unless you have not complied with the e-mail notice requirement above, we will pay all AAA fees for any arbitration. To learn more about the Rules and how to begin an arbitration, you can go to www.adr.org. The arbitrator cannot consolidate claims involving others without consent from you, SONDORS, and the others. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing or leasing SONDORS products. In other words, you can bring claims against SONDORS only in your individual capacity and not as a plaintiff or class member in any class or representative action (and the same is true for SONDORS). If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim or request for a remedy (such as what lawyers call “injunctive” relief), then that claim or remedy (and only that claim or remedy) will be carved out of the arbitration and can be filed in court; all other claims must be arbitrated. If you prefer, you can instead take your individual dispute to a small claims court. If you don’t want to agree to arbitration, you can "opt out” of arbitration by sending us a letter within 30 days after placing your initial order for your System and first agreeing to these terms and conditions. Please send the letter to SONDORS Inc.; 2710 Yates Avenue, Commerce, CA 90040 and include your name, your order number, the name of the product you ordered, and a statement explaining your desire to opt out of arbitration. If you do not opt out, your agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract.
Warranty. You will receive the SONDORS Warranty, as applicable, at or prior to the time of Metacycle delivery. You may obtain a written copy of your warranty 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 Fee, Order Deposit and Transportation Fee.
Default and Remedies. You will be in default of this Agreement if you provide false or misleading information in your order, or do anything else the law says is a default. If you are in default, we may, after any legally required notice or waiting period: (i) do anything to protect our interest in the Metacycle, including repossessing the Metacycle using legally permitted means, (ii) sue you for damages or to get the Metacycle back, and/or (iii) charge you for amounts we spend taking these actions.
Governing Law; Integration; Assignment. Except as provided below, 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 Metacycle that is nearest to your address indicated on your Purchase Order. Prior agreements, oral statements, negotiations, communications or representations about the Metacycle 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.
Metacycle Order Agreement