VEHICLE RESERVATION AGREEMENT
This Vehicle Reservation Agreement (“Agreement”) is made between INEOS Automotive Limited or one of its affiliates (“we”, “our”, “us”) and you (“you”, “your”) as the future purchaser of an INEOS Grenadier vehicle (the “Vehicle”).
Reservation Payment
Subject to the terms of this Agreement, you agree to pay the reservation amount (“Reservation Payment”) in order to secure your reservation of the Vehicle. Your reservation only becomes effective when we receive your Reservation Payment.
In paying the Reservation Payment to us, you expressly agree that you have read and understood the terms of this Agreement and accept them without amendment.
Purpose of Reservation Agreement
Your reservation secures the approximate delivery date of the Vehicle to you in your country of residence. It is not an order or agreement for the sale and delivery of the Vehicle to you and your Reservation Payment is not a deposit towards full payment for the Vehicle.
Making a reservation does not guarantee the final price or exact delivery date for the Vehicle.
Priority
Your reservation will give you exclusive access ahead of general opening to complete your order.
We will aim to serve customers based on their reservation dates, but we reserve the right to re-sequence reservations based on available delivery locations and vehicle configurations.
Order Process
Before we start building your Vehicle, we will notify you and ask you to make your option selections. Once we receive that information from you, we will ask you to sign a separate agreement (the “Purchase Agreement”) which will include the estimated price of your Vehicle, taking into account the base price, any options that you have selected and any change in delivery location. We will then start manufacturing your Vehicle.
Your priority build slot may be delayed if you do not respond within a reasonable period after we contact you to discuss your option selections.
Final payment of the purchase price and any taxes, title or registration fees, and delivery charges, will be due prior to Vehicle handover.
You may cancel your reservation at any time and request a refund up until the Purchase Agreement is signed. If you wish to cancel, please do so by contacting us through the INEOS website https://ineosgrenadier.com/contact-us or by using the refund function in the “My Account” section of the INEOS website.
Refund of Reservation Payment
The Reservation Payment is fully refundable to you should you choose to abandon your reservation. You are under no obligation to purchase the Vehicle from us and we reserve the right to cancel your reservation and refund your Reservation Payment. Your Reservation Payment may not be held in a separate account. We will not pay any interest on Reservation Payments except to the extent required by law.
Unless we notify you otherwise, your Reservation Payment will be deducted from the final cost of the vehicle when you sign the Purchase Agreement and the purchase price has been received in full (or you have entered into a relevant finance agreement for the Vehicle). At that point, your right to a refund
of the Reservation Payment will cease.
We may retain your Reservation Payment if you fail to respond to us within six (6) months of us contacting you to discuss your option selections or we are unable to contact you within that period having made reasonable efforts to do so. It is therefore very important that you inform us if your contact details change after you place your reservation.
Vehicle Specification and Performance
You understand that development of the INEOS Grenadier has not been completed and the exact performance of the vehicle (including emissions performance) is therefore not yet set. Production of the INEOS Grenadier has not begun at the time of your reservation.
You will be provided with an opportunity to review the final specifications and performance prior to signing a Purchase Agreement and to configure your Vehicle when placing your order. You acknowledge that the performance and price of your Vehicle will depend on the final vehicle specifications, and the model and options you select. By agreeing to the terms of this Agreement, you represent and warrant that you understand that the list of available specifications for the Vehicle may change prior to entering into a Purchase Agreement.
Non-transferability
Your reservation under this Agreement is not transferable or assignable to another party without our prior written approval.
Personal Data and Communications
We may ask you to provide to us certain personal information to allow us to perform our obligations under this Agreement. We will maintain your personal information in accordance with our privacy policy (available at https://ineosgrenadier.com/privacy). It is your responsibility to inform us of any changes in your contact information so that we may keep you updated on your vehicle reservation and purchase.
We may contact you from time to time to perform our obligations under this Agreement using the contact details you provided to us in placing your reservation. We may also send you communications to keep you informed about the INEOS Grenadier, other INEOS products and services, exclusive events, client programs and other related activities. You hereby consent to receiving such communications.
Our privacy policy gives contact details and sets out your rights if you decide you no longer wish to receive communications from us.
Limitation of Liability
In no event, subject only to the limits of applicable law, shall our aggregate liability arising out of or related to this Agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total amounts paid to us by you pursuant to this Agreement. We will not be liable for any consequential, indirect, incidental, special, exemplary, punitive or enhanced damages arising out of, relating to, or in connection with any breach of these terms, regardless of (a) whether such damages were foreseeable, (b) whether or not a proposed defendant was advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
Governing Law and Dispute Resolution
This Agreement, and any non-contractual obligations arising out of or in connection with it, are governed by, and shall be construed in accordance with, English law.
Any and all disputes arising out of or in connection with this Agreement are to be resolved in accordance with the following provisions: (i) the Parties shall first seek to resolve any dispute through the negotiation; and (ii) if the dispute is not resolved within thirty (30) days of any party notifying the other party of the dispute, then it shall be resolved by reference to an appropriate mediation scheme chosen
by us. If the dispute cannot be resolved by negotiation or mediation, the English Courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement.
WE EACH AGREE THAT YOU AND WE MAY BRING DISPUTES AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
General
You confirm that you are 18 years of age or older at the effective date of the reservation.
This Agreement contains the whole agreement between the parties in respect of the subject matter hereof and supersedes and replaces any prior written or oral agreements, representations or understandings between the parties.
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement. We may revise the relevant illegal, invalid or unenforceable clause so as to give effect as closely as possible to the original intentions of the Parties in a manner that is compatible with applicable law.
A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of this Agreement.
This Agreement may only be amended in whole or in part by written agreement of the Parties. A Party can only waive its rights hereunder by writing to the other party specifically stating that it waives the relevant rights.