Boundary Layer Technologies Preorder Agreement
This Valo Hyperfoil Preorder Agreement (“Agreement”) is between you, the individual or entity who wishes to preorder a Valo Hyperfoil (“you”), and Boundary Layer Technologies, a Delaware corporation (“Boundary Layer Technologies”).
If you have any questions about this agreement, please contact Boundary layer Technologies by email at preorders@boundarylayer.tech
For purposes of this Agreement:
“Valo Hyperfoil” means the vehicle model, or vehicle models, that may be offered by Boundary Layer Technologies to you.
“Deposit” means your payment of USD $1,000.00 to Boundary Layer Technologies to claim a position on the Waitlist, as defined below, for a Valo Hyperfoil.
Preorder. By entering into this Agreement you shall be placed on the waitlist for purchasing a Valo Hyperfoil (“Waitlist”). You enter this Agreement when Boundary Layer Technologies receives your Deposit (the “Effective Date”). You agree that payment of the Deposit constitutes acceptance of this Agreement.
Non-binding Preorder Payment.
The Deposit is fully refundable to you at any time and for any reason prior to entering into a Purchase Agreement, including if you choose to cancel your preorder or if Boundary Layer Technologies declines to maintain your preorder.
You may obtain a refund of your Deposit by emailing preorders@boundarlayer.tech with your request. Upon receipt of your request, Boundary Layer Technologies will process the refund without undue delays.
You are under no obligation to purchase a Valo Hyperfoil from Boundary Layer Technologies, and Boundary Layer Technologies is under no obligation to supply you with a Valo Hyperfoil, subject to the reimbursement of your Deposit.
The Deposit will be applied to the purchase price of a Valo Hyperfoil upon signature of the Purchase Agreement.
Waitlist. Your position on the Waitlist will be secured after Boundary Layer Technologies’s receipt of your Deposit. You will have the opportunity, but not the obligation, to purchase a Valo Hyperfoil at a later date when your position on the Waitlist comes due.
Purchase Agreement. This Agreement does not constitute an agreement for the sale of a Valo Hyoerfoil, and you understand that you will be required to enter into a legally binding agreement (a “Purchase Agreement”) prior to the purchase of a Valo Hyperfoil. You agree that this Agreement does not evidence any warranties, representations or covenants with regards to the Valo Hyperfoil, and that such covenants are to be found and documented in the Purchase Agreement.
Product Changes. This Agreement does not make any guarantees as to the price, configuration, specification, or delivery date of any Valo Hyperfoil, nor does it guarantee that you will be able to purchase a specific model of Valo Hyperfoil. You agree and understand that the Valo Hyperfoilis under development and may suffer delayed commercialization in some or all regions.
Modifications to the Agreement. Boundary Layer Technologies can modify this Agreement at any time. However, such modifications shall not affect any Agreement which you have already accepted. Please refer to the version of the Agreement in force at the time of your preorder.
Governing Laws. This Agreement is governed by the laws of the State of California, without regard to its conflict of laws provisions.
Personal Information. You agree and understand that Boundary Layer Technologies will collect, use and disclose your personal information in accordance with Boundary Layer Technologies’s Privacy Policy.
Limitation of Liability. To the maximum extent permitted by law, (a) Boundary Layer Technologies will not be liable to you for any indirect, special, incidental, consequential or exemplary damages in connection with this Agreement, including, without limitation, loss of data, loss of profits, or otherwise, but excluding any damages which cannot be excluded under applicable laws and (b) Boundary Layer Technologies’s cumulative liability to you under this Agreement shall be limited to the value of the Deposit.
Term. This Agreement enters into force at the Effective Date and ends upon the earlier of (a) the execution of a Purchase Agreement or (b) the reimbursement of your Deposit.
General. Any amendment to this Agreement must be in writing and executed by both parties. The waiver of a breach of any provision to this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any part of this Agreement is held to be invalid or unenforceable, that part will be severed and the rest of the Agreement will remain in force. You may not assign this Agreement to anyone and such assignment shall be considered null and void. The preorder granted herein cannot be transferred to any third parties or individuals. Boundary Layer Technologies may transfer or assign this Agreement upon written notice to you.