This Reservation Agreement between the person or entity identified below as you and WaterSeer™, Inc., identified below as we or us, is for your reservation of a WaterSeer™ Sonoma. By entering into this WaterSeer Reservation Agreement you hereby confirm that you wish to reserve a WaterSeer™ Sonoma with us. You acknowledge your understanding that the WaterSeer™ Sonoma will not be available for final sale and delivery until approved for commercial sale by WaterSeer, Inc.
1. Nature of Agreement; Non-Binding Reservation Payment: The Reservation Payment for a WaterSeer™ Sonoma locks in your discount to the unit purchase price. Because your reservation impacts WaterSeer manufacturing and distributor commitments, it is non-refundable. The reservation payment for a WaterSeer™ Sonoma will lock in the mutually agreed upon discount from the final offer price. This agreement gives you priority over other customers, based on the date of the agreement. However, this Agreement does not constitute an offer for sale or an agreement for the sale of a WaterSeer™ Sonoma and does not lock in pricing, a production slot, or an estimated delivery date. You are under no obligation to purchase a WaterSeer™ Sonoma from us as a result of this agreement. Design and specifications of the product are subject to change before approval by WaterSeer Inc. for commercial sale. Following notification by your regional WaterSeer distributer of final approved WaterSeer™ Sonoma commercial specifications and final offer price, sale and purchase will be governed by a separate and legally binding Sale and Purchase Agreement between you and the authorized distributor serving your region.
2. Effective Date; Reservation Process: This Agreement is formed and becomes effective when you acknowledge and accept this Agreement online and make your Reservation Payment by the means described in the Payment Instructions. Once this Agreement becomes effective, you will be placed on the WaterSeer™ reservations list and your contact information will be passed on to the authorized WaterSeer™ distributor serving your region for further coordination and specific options, including plans and pricing for installation, off-grid solar power operation, water storage, water filters, extended warranty, and other requirements you may desire.
3. Order Process: You will be notified by your regional distributer within 30 days of projected shipping date to review the Purchase Agreement for your WaterSeer™ Sonoma, confirm your decision to complete the purchase, and make final payment. Additional coordination will include confirmation of shipping address, delivery charges, estimated delivery dates, and any other matters. Payment of applicable taxes are your responsibility. Your deposit payable under the Purchase Agreement will be held by WaterSeer™ as a non-refundable deposit (to the extent allowed by applicable law) and applied fully to the final purchase price.
4. Deferment: If you do not wish to enter into a Purchase Agreement at the time that you are contacted, you have the option to relinquish your reservation position and defer your decision for thirty (30) days. If you cannot be contacted, you will be automatically granted such a deferral. If we are unable to contact you by the end of the deferral period your reservation may be further extended, or closed, at the discretion of WaterSeer, Inc.
5. Your Personal Information: We treat all your personal information as confidential. The personal information that we collect from you will include the information provided in the signature page of this Agreement or online when you complete the reservation process. We fully comply with our obligations under applicable data protection and privacy laws. You hereby give us your consent to use your personal information and other information which you provide so that we can process your reservation, conduct administration, and prepare the order and Purchase Agreement and inform you of other WaterSeer product information. You can opt out of receiving product information information from us at any time.
6. Limitation of Liability: To the maximum extent allowed by applicable law, we make no warranty of any kind in connection with this Reservation Agreement or its subject matter. You hereby agree that under no circumstances will WaterSeer, Inc. be held liable for any 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 direct, 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.
7. Acknowledgments: You understand that the WaterSeer™ Sonoma may not be approved for commercial release at the time of your reservation. You also acknowledge that, if you purchase a WaterSeer™ Sonoma, that delivery date will be determined by WaterSeer Inc. Further, you acknowledge that you are not obliged to complete purchase of a WaterSeer Sonoma, that interest does not accrue on Reservation Payments, that Reservation Payments are non-refundable, and final offer price will be determined at the time of final Sale and Purchase Agreement.
8. Governing Law and Jurisdiction: This Agreement is governed by the laws of the Commonwealth of Virginia without regard to its conflict of laws and provisions. Both parties consent to the exclusive jurisdiction and venue of the state and federal courts of Virginia, U.S.A.
10. Agreement: You acknowledge and agree that by clicking on the “I Agree”, “I Accept”, “I’ve read and accept the Reservation Terms” button you are indicating that you have read, understand and agree to be bound by this agreement. If you do not agree to be bound by this agreement, then you have no right to make a reservation payment or place an order. If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, “you” and “your” will refer to that company or other legal entity.