This Preorder Agreement (the “Agreement”) between you and FF ECO Sales Company, LLC (“FF”) is for your preorder for the FF aiHypercar+ product (the “Product”) you selected on the FF preorder portal.
1. By entering into this Agreement, you are making a preorder with FF. This Agreement does not constitute an offer to sell, an agreement to sell, or the sale of the Product.
2. This Agreement is not an agreement for the sale of the Product. FF hereby disclaims all representations, guarantees or warranties regarding Product’s availability, options or other features, pricing or production timing, to the fullest extent permitted by law. You are under no obligation to purchase the Product from FF, and FF is under no obligation to sell you the Product.
3. This Agreement is not effective unless and until FF receives your non-refundable payment in the amount and form stated in the payment instructions displayed in the FF payment portal. You agree to defend, indemnify and hold harmless FF from any and all claims, suits, demands, costs or fees (including reasonable attorney fees), related to or arising out of your consent to this Agreement. You may execute this Agreement by acknowledging and accepting this Agreement online.
4. All notices provided by you under this Agreement must be in writing and sent to (a) product@ff.com; or (b) by registered or certified mail or air freight services that provide proof of delivery, with shipping fees prepaid, addressed to 501 W. 190th St., Gardena, CA 90248, ATTN: Sales Department and Legal Department.
6. This Agreement is not transferable or assignable to another party without the prior written approval of an FF authorized representative.
7. FF may, from time to time, ask you to provide certain personal information so that FF can perform its obligations under this Agreement. FF represents and agrees that it will maintain your personal information in accordance with our privacy policy.
8. To the maximum extent permitted by applicable law, FF makes no warranty of any kind in connection with this Agreement or its subject matter. Under no circumstances will FF be held liable for any direct, 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 or damage to 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 or otherwise arising out of our breach of this Agreement, even if FF has been advised of the possibility of occurrences which would or might lead to such loss or damages.
9. This Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflict of laws provisions. The English version of this Agreement shall govern to the extent not prohibited by law in your jurisdiction. The state courts of California and federal courts sitting in the Central District of California have exclusive jurisdiction to determine any dispute arising under or relating to this Agreement.