Terms and Conditions of Reservation and Pre-Order
Please read and understand the following so that you're familiar with how your reservation and pre-order payments will be processed.
Terms and Conditions of Reservation
These Terms and Conditions (“Terms”) between the customer (“you”) and Fulin Motor Works Co., Ltd, of Taichung, Taiwan ROC (“we” or “us” or “our”) govern the placement of “Reservations” for a Trusty Trucker (“Motorbike”). Please read all of these Terms carefully before submitting your Reservation. By submitting your Reservation, you agree to be legally bound by these Terms.
Your Reservation is a refundable deposit for a future purchase of a Motorbike. Your Reservation places you under no obligation to purchase a Motorbike from us, and we are under no obligation to supply you with a Motorbike.
Your Reservation is fully refundable and these terms do not constitute an agreement for the sale of a Motorbike and do not lock in pricing, a firm production slot, a firm delivery date, or specific Motorbike configuration. To complete the purchase, you will need to execute a “Final Purchase Agreement” with its own set of Terms and Conditions. Additional payment for the Motorbike, including shipping and handling, taxes and other governmental fees (collectively, “Fees”), will be required at that time. We will ship the Motorbike from warehouse(s) in the USA, and said Fees will be calculated based on that shipping location. We reserve the right to add additional warehouse(s) as we deem appropriate in order to minimize costs for us and our customers.
Additionally, Reservations placed prior to June 30th, 2023 will entitle you to the following benefits:
The opportunity to purchase a Motorbike at USD$2,699 (USD$500 discount off currently planned retail pricing). Price does not include shipping and handling fees.
Exclusive updates as we bring our Motorbike to market.
Direct communication with our development team producing the Motorbike.
We may decline Reservations as we deem appropriate in our sole discretion. If your Reservation is declined, you will be notified and your Reservation payment will be refunded.
Eligibility: Age and “Entities"
You must be at least 18 years of age. If you are reserving a Motorbike on behalf of a company, organization, or “Entity”, you represent and warrant that you have the authority to bind that Entity to these Terms and such Entity agrees to be bound by these Terms.
When placing a Reservation, 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. We 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 email to firstname.lastname@example.org
You will be charged a fee of USD$100 when you place a Reservation with us. Your payment will be held by us in reserve and will only be released for application towards the final sales price of a Motorbike when you execute a Final Purchase Agreement.
No Guarantee of Shipping Date
You are reserving a Motorbike that will be produced for you in the future and your priority will be set by the date of payment for your Reservation. The actual date for shipping for any purchase based on your Reservation will depend on a variety of factors, including the date of payment of your Reservation, our manufacturing schedule, and the execution of the Final Purchase Agreement. Though we provide projections and guidance, there is no guarantee as to shipping date based on your Reservation.
At any time until you have made your Final Purchase Agreement, you may cancel your Reservation and receive a full refund by sending an email to email@example.com from the address you used to make the reservation. Your refund will be processed within approximately 3 business days.
You understand that we may not have completed the development of the Motorbike or begun manufacturing the Motorbike at the time of your Reservation. You further understand that the Motorbike’s available features have not yet been finalized. By agreeing to these Terms, you represent and warrant to us that you understand that the Motorbike’s configuration may change prior to execution of the Final Purchase Agreement.
Entire Agreement, Modification and Severability
We reserve the right, at our discretion, to change these Terms at any time. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable. This Agreement represents the entire agreement governing your Reservation.
Limitation of Liability
UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES.
IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY CLAIMS, DAMAGES, COSTS OR EXPENSES UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS OR YOUR RESERVATION, OUR LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF YOUR RESERVATION PAYMENTS.
13. Applicable Law and Class Action Waiver
These Terms, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of Taiwan ROC.
IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER CLAIM FROM OTHER CURRENT OR FORMER USERS OF THE SITE OR OTHERWISE RELATED TO THE DEVICES OR ANY OTHER RESERVATIONS. NO CLAIM BROUGHT UNDER THIS AGREEMENT SHALL PROCEED AS A CLASS ACTION.
FURTHER, YOU HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. YOU AGREE THAT WE MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG US TO IRREVOCABLY WAIVE TRIAL BY JURY AND THAT ANY ACTION OR PROCEEDING WHATSOEVER BETWEEN US RELATING TO THESE TERMS SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.