Documentation. Your Foil Watercraft Pre-Order Agreement (the “Agreement”) is made up of the following documents:
Watercraft Configuration: The watercraft Configuration describes the watercraft that you configured and pre-ordered, including pricing (excluding taxes and official or government fees).
Final Price Sheet: The Final Price Sheet will be provided to you as your delivery date nears. It will include final pricing based on your final watercraft Configuration and will include taxes and official or governmental fees.
Terms & Conditions: These Terms & Conditions are effective as of the date you place your pre-order and make your Pre-Order Payment (the “Pre-Order Date”).
Agreement to Purchase. You agree to pre-order the watercraft (the “Watercraft”) described in your Watercraft Configuration and by taking delivery, completing the transaction when the Watercraft is ready for delivery from Foil, Inc. or its affiliate (“we,” “us” or “our”), pursuant to the terms and conditions of this Agreement. Your Watercraft is priced and configured based on features and options available at the time of order and you can confirm availability with a Foil representative. Options, features or hardware released after you place your order may not be included in or available for your Watercraft.
Pre-Order Price, Taxes and Official Fees. The pre-order price of the Watercraft is indicated in your Watercraft Configuration. This pre-order price does not include taxes and official or government fees, which could amount to up to 10% or more of the Watercraft pre-order price. Because these taxes and fees are constantly changing and will depend on many factors, such as where you register the Watercraft, they will be calculated closer to the time of delivery and indicated on your Final Price Sheet. You are responsible for paying these additional taxes and fees. If you present a check for any payment, we may process the payment as a normal check transaction, or we may use information from your check to make a one-time electronic fund transfer from your account, in which case your bank account will reflect this transaction as an Electronic Fund Transfer.
Pre-Order Process; Cancellation; Changes. After you submit your completed pre-order and the options you selected become available in production, which we expect to begin in the second quarter of 2020, we will begin the process of matching your pre-order to a Watercraft and coordinating your Watercraft delivery. Your Pre-Order Payment covers the cost of these activities and other processing costs and is not a deposit for the Watercraft. Until your Watercraft is delivered to you, you may cancel your pre-order at any time, in which case you will receive a full refund of your Pre-Order Payment. Until your pre-order is matched to a Watercraft, you may make changes to your Watercraft Configuration. If you make changes to your Watercraft Configuration, you may be subject to potential price increases for any pricing adjustments made since your original Pre-Order Date. Any changes made by you to your Watercraft Configuration, including changes to the delivery location or estimated delivery date, will be reflected in a subsequent Watercraft Configuration that will form part of this Agreement. When you take delivery of the Watercraft, we will provide a credit to the final pre-order price of your Watercraft equivalent to the amount of the Pre-Order Payment you paid. This Pre-Order Payment and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.
Delivery. If you are picking up your Watercraft in a state where we are licensed to sell the Watercraft, we will notify you of when we expect your Watercraft to be ready for delivery at your local Foil Delivery Center, or other location as we may agree to. You agree to schedule and take delivery of your Watercraft within one week of this date. If you are unable to take delivery within the specified period, your Watercraft may be made available for sale to other customers.
If you wish to pick up your Watercraft in a state where we are not licensed to sell the Watercraft, or if you and Foil otherwise agree, Foil will, on your behalf, coordinate the shipment of your Watercraft to you from our factory in Florida or another state where we are licensed to sell the Watercraft. In such a case, you agree that this is a shipment contract under which Foil will coordinate the shipping of the Watercraft to you via a third-party common carrier. You agree that delivery of the Watercraft, including the transfer of title and risk of loss to you, will occur at the time your Watercraft is loaded onto the common carrier’s transport (i.e., FOB shipping point). The carrier will insure your Watercraft while in transit and you will be the beneficiary of any claims for damage to the Watercraft or losses occurring while the Watercraft is in the possession of a common carrier.
The estimated delivery date of your Watercraft, if provided, is only an estimate as we do not guarantee when your Watercraft will actually be delivered. Your actual delivery date is dependent on many factors, including your Watercraft’s configuration and manufacturing availability. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Watercraft and all proceeds therefrom until your obligations have been fulfilled.
Agreement to Arbitrate. Please carefully read this provision, which applies to any dispute between you and Foil, Inc. and its affiliates, (together “Foil”).
If you have a concern or dispute, please send a written notice describing it and your desired resolution to Sup@GetFoil.com.
If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Foil will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our products.
We will pay all AAA fees for any arbitration, which will be held in the city or county of your residence. To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org.
The arbitrator may only resolve disputes between you and Foil, and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing or leasing Foil Watercrafts. In other words, you and Foil may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated.
If you prefer, you may instead take an individual dispute to small claims court.
You may opt out of arbitration within 30 days after signing this Agreement by sending a letter to: Foil, Inc.; 201 E. Wright St. Pensacola, Florida, 32501 stating your name, Watercraft Serial Number, and intent to opt out of the arbitration provision. If you do not opt out, this agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract.
You will receive the Foil New Watercraft Limited Warranty at or prior to the time of Watercraft delivery or pickup. You may also obtain a written copy of your warranty, which will be available as delivery nears, from us upon request or 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 Pre-Order Payment.
No Resellers; Discontinuation; Cancellation. Foil and its affiliates sell Watercraft directly to end-consumers, and we may unilaterally cancel any order that we believe has been made with a view toward resale of the Watercraft or that has otherwise been made in bad faith. We may also cancel your pre-order and refund your Pre-Order Payment if we discontinue a product, feature or option after the time you place your pre-order or if we determine that you are acting in bad faith.
Governing Law; Integration; Assignment. 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 motor Watercrafts that is nearest to your address indicated on your Watercraft Configuration. Prior agreements, oral statements, negotiations, communications or representations about the Watercraft sold under this Agreement are superseded by this Agreement. Terms relating to the pre-order not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.
State Specific Provisions. You acknowledge that you have read and understand the provisions applicable to you in the State-Specific Provisions attachment to this Agreement.
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.