Nobe Terms & Conditions
The following pertains to a person or entity that has placed a pre-order for a Nobe 100GT or a Nobe 100GT Signature series. For terms & conditions for the website, please see below.
The Nobe Reservation Agreement (referred to as “Agreement”) is entered between Nobe Cars USA, Inc. (“Nobe”) a Delaware corporation and the person or entity (“Client”) who has completed their Nobe pre-order form and the payment of their reservation fee on www.mynobe.com for a Nobe 100GT or Nobe 100GT Signature series. This agreement serves as the Client’s receipt for the reservation.
For and in consideration of the disclosures to be made hereunder, the parties agree to the following.
The Client has pre-ordered a NOBE 100GT or Nobe 100GT Signature Series vehicle. Both vehicles come in a hardtop with three seats that have an estimated range of 160 miles and an estimated top speed of 80 mph. Both vehicles come with the luxury appointments to be determined, including whether the vehicle is a coupe or convertible. The Nobe Signature Series will include a designated series number of manufacturing dedicated to the Client, the dedicated series number engineered on the rear window of the car, premium service package; and premium BSM sounds system.
2. Reservation Fee
The reservation fee in the amount of $2500.00 for the Nobe 100GT and $4000.00 for the Nobe 100GT Signature Series, is to be paid by the Client as a partial payment for the vehicle. The reservation is effective when the Client places their reservation through the Nobe pre-order form on the www.mynobe.com website and Nobe receives the reservation fee from the payments processor. The reservation fee is inclusive of all applicable taxes.
The remainder of the payment and the decision to purchase the Nobe will be agreed to by the Client upon the completion of the Sales Contract (refer to Section 6 of this agreement).
3. Refund of the Reservation Fee
The Client may cancel its reservation and receive a refund of the reservation fee, subject to a processing fee of $300, at any time upon written notice to Nobe. Nobe endeavors to refund the payment of any reservation fees within reasonable time. This Agreement does not constitute an agreement for the sale of a Nobe vehicle and does not finalize pricing or a delivery date. It does represent the interest and good will by the Client for Nobe’s business development, which Nobe will use its commercially reasonable efforts to manufacture and deliver the vehicle for the Client. With respect to Nobe 100GT Signature vehicles, Nobe will use good faith efforts to manufacture the vehicles in the order of reservation fee is paid. Client recognizes that Nobe may have not completed the pre-production or the manufacturing of Nobe vehicles at the time of the Client’s payment of the reservation fee. Nobe will not hold the Client’s reservation fee separately or in escrow or pay interest.
4. No Obligation to Purchase
Because this is a reservation agreement, the Client is under no obligation to purchase a Nobe vehicle and Nobe is under no obligation to supply a Nobe vehicle to the Client. If and when Nobe notifies the Client of the availability of a Nobe vehicle and if the Client wishes to proceed with the purchase, the sale and purchase will be governed by a separate and legally binding sales agreement between the Client and Nobe (See Section 6). If the Client decides to purchase a Nobe 100GT or Nobe 100GT Signature series, the Client’s reservation fee will be deducted from the purchase price that will be agreed upon at the time of signing the sales agreement.
5. Delivery Date
Nobe will use commercially reasonable efforts to manufacture and deliver vehicles by 4th quarter 2021, but cannot guarantee this date. The date is contingent on a number of factors that may not be under the control of Nobe. Nobe will notify Clients on December 1, 2021 on the progress of manufacturing and delivery. Client will have no claims for damages against Nobe due to delays.
6. Sales Contract
When Nobe starts its mass production, Nobe will contact the Client via email to the confirm the Client’s purchase intent; review feature options for the Nobe 100GT or the Nobe 100GT Signature Series (such as color); and decide upon upgrades that may be available. Nobe will then create a production order for the vehicle based on the information provided by the Client, and a sales agreement indicating the price of the vehicle, plus any applicable taxes, duties, transport and delivery charges, and any other applicable fees. Nobe will then submit the production order and the sales agreement to the Client for Client’s review and approval. Upon signing of the sales agreement, the production of the Client’s vehicle will begin and the additional amount that was paid by the Client will credited to the purchase of the vehicle. Upon completion of the manufacturing, Nobe will arrange delivery of the vehicle to the specific address provided in the Sales Agreement. All of the above procedures are subject to change.
7. Sales Effective Date
The sales agreement becomes effective when Nobe receives the Client’s executed sales Agreement and any required payments as set forth in the sales agreement.
8. Purchase Price
The Nobe 100GT is estimated to retail for $40,000 and the Nobe 100GT Signature series for $43,000 (excluding license, taxes, delivery, currency and additional features requested by the Client). These vehicle prices are estimates, subject to development and manufacturing requirements. All pricing is subject to change until agreed upon in an executed sales agreement.
The Client’s reservation is not to be transferred or assigned to another Party without the written approval of Nobe.
10. Personal Information
To complete the process of the delivery of the Nobe 100GT or Nobe 100GT Signature Series to the Client, Nobe may ask the Client to provide information to enable Nobe to better perform its obligations. Nobe will comply with obligations under applicable data protection and privacy laws and Nobe’s privacy policies. Client hereby gives Nobe their consent to use their personal information and other information they provide so Nobe can process their reservation and reservation fee, prepare the production order and sales agreement.
11. Limitation of Liability
Nobe makes no representations and warranties of any kind in connection with this Agreement or its subject matter. Under no circumstances will Nobe 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 of 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 indirect or consequential losses or damage, in contract, tort (including negligence), under any statute or law otherwise arising out of our breach of this Agreement, even if Nobe has been advised of the possibility of occurrences which would or might lead to such loss or damages. If Nobe is held liable for any damages related to Client’s reservation or this Agreement, Client’s sole and exclusive remedy will be limited to reimbursement of the reservation fee paid to Nobe.
This Agreement is governed by the laws of the State of Delaware.
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