This Pre-order Agreement (the “Agreement”) is between you and FF ECO Sales Company, LLC or its affiliates (“FF”) regarding your pre-order for a FF or FX vehicle (“Vehicle”) you have selected on the FF or FX pre-order portal.
PLEASE READ CAREFULLY: THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR AND FF’S RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT OR JOIN A CLASS ACTION.
1. No Obligations. By entering into this Agreement, you are making a pre-order with FF for the Vehicle. You confirm you are at least 18 years of age. This Agreement does not constitute an offer to sell, an agreement to sell, or the sale of any vehicle and does not establish an estimated delivery date for the vehicle, a delivery location, pricing, production timing or specific Vehicle configuration. You are under no obligation to purchase a Vehicle from us, and FF is under no obligation to supply you with a Vehicle.
2. Payment and Refund. The pre-order payment (the “Pre-order Payment”) is fully refundable at any time (such as if you choose to withdraw your pre-order or if FF cancels your pre-order). You may cancel your pre-order by sending written notice to FX_sales@ff.com, or by registered or certified mail with proof of delivery and prepaid shipping, addressed to: 501 W. 190th St., Gardena, CA 90248, ATTN: Sales Department. You understand and agree that FF is not required to hold your Pre-order Payment in a separate account, escrow, or trust, nor to pay interest on it. FF makes no representations, warranties, or guarantees regarding how your Pre-order Payment will be held. All payments must be made through official and authorized international payment channels recognized by FF.
3. Pre-order, Fees, and Sequence. This Agreement becomes effective only when FF has received both: (a) your acceptance of this Agreement, and (b) your Pre-order Payment in the amount and form stated in the FF payment portal or provided during the pre-order process. You are solely responsible for all exchange fees, taxes, duties, and import/export charges related to your pre-order. You agree to defend, indemnify, and hold harmless FF from any claims, losses, or costs (including reasonable attorney’s fees) arising from your payment or related obligations under this Agreement. You may enter into this Agreement by acknowledging and accepting it online. Once effective, you will be placed on the pre-order list and receive updates about the FF vehicle program. FF may determine your pre-order sequence at its sole discretion, and sequence may vary by region. FF reserves the right to cancel your pre-order at any time in its sole discretion due to production process constraints or changes.
4. Final Purchase Agreement. This Agreement is not for the sale of a vehicle. If and when FF notifies you that it is time to place your order for a vehicle and you wish to proceed with the purchase of a vehicle, such sale and purchase will be governed by a separate and legally binding Purchase Agreement between you and FF. FF will create an order for your vehicle containing the information provided by you and a Purchase Agreement indicating the estimated purchase price of your vehicle, taking into account the base price of the model and any options included or that you select, plus estimates of any applicable taxes, exchange fees, import/export fees, duties, transport and delivery charges, and any other applicable fees (collectively, “Order Payment”) FF will then submit to you the order and the Purchase Agreement for your review. If you elect not to enter into a Purchase Agreement, FF will fully refund your Pre-order Payment. If you wish to proceed and purchase the vehicle, you must sign and return the Purchase Agreement together with any required Order Payment. Production of your vehicle will then commence and your Order Payment under the Purchase Agreement will become non-refundable (to the extent permitted by applicable law). If you enter into the Purchase Agreement, you may, at your sole option, notify FF of your election to apply your Pre-order Payment to your Order Payment. Should you elect not to apply your Pre-order Payment to the Order Payment, FF will fully refund your Pre-order Payment. These procedures are subject to change at FF’s sole discretion without notice to you.
5. U.S. Residency and Registration Requirement. In order to take delivery of the Vehicle, you must provide a valid U.S. residential address and comply with local Department of Motor Vehicles (DMV) registration requirements. If you are not currently residing in the U.S., you may still place a pre-order; however, delivery of the Vehicle will only be possible upon your relocation to the United States and compliance with all relevant DMV rules. FF does not guarantee vehicle delivery or registration support outside of the U.S. If you are unable to relocate to the U.S. by the time your vehicle becomes available, you may (i) request a full refund of your Pre-order Payment, or (ii) request FF’s assistance in transferring your pre-order to a qualified U.S. resident, subject to FF’s approval.
6. No Guarantee of Delivery Date. You understand that FF may not have completed the development of the vehicle or begun manufacturing the vehicle at the time of your pre-order. You further acknowledge and agree that FF makes no guarantee that the vehicle will be produced or made available for purchase. The vehicle ultimately developed and manufactured by FF (if any) may materially differ from the vehicle you have selected on the FF pre-order portal. If you elect to purchase a vehicle from FF as provided in Section 4 above, you understand that the vehicle may not be delivered until a future date, if at all. Any representation made by an FF representative, FF partner, third party, or agent regarding a vehicle’s production date, delivery date, delivery location, price, options, or similar detail is nonbinding on FF unless expressly incorporated into a separate Purchase Agreement pursuant to Section 4 above.
7. No Resellers and Non-Export. By placing a pre-order, you represent and warrant that you are acquiring the vehicle for your own personal use and not for resale or export. The Vehicle is intended for use only in the country in which it is sold to you by FF, and service may be limited or unavailable outside that country. You agree that you will not directly or indirectly export, or assist or facilitate the export of, this vehicle to a country where the United States has imposed trade restrictions. FF may unilaterally cancel any pre-order that it determines was made with the intent to resell or export the Vehicle, or otherwise in bad faith.
8. Communication and Privacy. 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 its Privacy Policy, which is available at www.ff.com/privacy-policy. By entering into this Agreement, you consent to be contacted by FF now and in the future via telephone, text message, and email at the contact information you provide. You agree that communications may contain your non-public information and include pre-recorded artificial voice messages and/or automatic telephone dial devices with non-marketing information about your vehicle, such as service reminders and appointments.
9. Limitation of Liability. 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 LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING, WITHOUT LIMITATION: (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; OR (F) LOSS OR CORRUPTION OF DATA — WHETHER OR NOT THESE ARE CONSIDERED INDIRECT OR CONSEQUENTIAL DAMAGES — ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR LAW, OR OTHERWISE, AND EVEN IF FF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IF FF IS HELD LIABLE FOR ANY DAMAGES RELATED TO YOUR PRE-ORDER OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE PRE-ORDER PAYMENT PAID TO FF.
10. Dispute, Arbitration and Class Action Waiver. Any dispute, controversy, or claim arising out of or relating to this Agreement (a “Dispute”) shall first be presented in writing to the other Party for resolution. The Parties shall meet in good faith and attempt to resolve the Dispute through discussions between their authorized representatives within fifteen (15) days of the written notice (the “Cure Period”).
If the Dispute is not resolved within the Cure Period, the Parties agree to resolve it exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Commercial Mediation Rules (“AAA Rules”) then in effect. The arbitration shall be conducted in Los Angeles County, California, USA. All negotiations are confidential and are deemed compromise and settlement negotiations under applicable rules of evidence. Each Party shall bear its own mediation costs and shall share the arbitrator's costs equally.
The Party initiating arbitration shall submit a written demand to the other Party. The Parties shall jointly select a single neutral arbitrator within fifteen (15) business days of the demand. If they cannot agree, the arbitrator shall be appointed under the AAA Rules. Each Party may engage in discovery and submit expert testimony and written documentation in accordance with AAA Rules. The arbitrator’s written decision shall be final and binding. Any award may be enforced in a court of competent jurisdiction.
While arbitration is pending, the Parties shall equally share arbitrator-related costs, and each shall bear its own attorneys’ fees and expenses. However, the prevailing Party shall be entitled to recover reasonable attorneys’ fees, arbitration costs, and other expenses incurred in connection with the Dispute.
Class Action Waiver.
The Parties agree that arbitration will be conducted only in their individual capacities and not as a class, collective, or representative action. YOU AND FF AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY. NEITHER YOU NOR FF MAY JOIN OR CONSOLIDATE CLAIMS OR PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If a court (after exhaustion of all appeals) finds this waiver unenforceable, the remaining arbitrable issues shall first be resolved through arbitration, with the non-arbitrable claims decided by a court thereafter.
Opt-Out Right.
You may opt out of this Arbitration and Class Action Waiver provision within 30 days of signing this Agreement by sending an email to Legal@ff.com from the email address you provided to FF, with “Opt-Out of Arbitration” in the subject line. Opting out will not affect any other arbitration agreement between you and FF. If you were already subject to an arbitration agreement with FF at the time of signing, that agreement will remain in full force and effect.
11. Miscellaneous. (a) Transfer and Assignment. This Agreement is not transferable or assignable to any other party without the prior written consent of an authorized representative of FF. (b) Choice of Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California, without regard to its conflicts of law principles. (c) Severability. If any provision or portion of this Agreement is found to be unenforceable by an arbitrator or a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The unenforceable provision shall be modified only to the extent necessary to make it enforceable. (d) Modification. This Agreement may not be modified, altered, or amended except by a written agreement signed by an authorized representative of FF.