Thank you for reserving a Nemoi M wind turbine energy generator (the “Nemoi M”). These terms and conditions govern your reservation (“Reservation”) from Semtive USA Inc. or any of its affiliates (collectively, “Semtive”) and will become effective and enforceable is subject to the following terms and conditions when (1) you submit your complete reservation materials and (2) we receive your deposit of $250 for each Nemoi M unit that you reserve (your “Deposit”).
1. Reservation, Not Purchase. Your Reservation does not constitute a purchase of goods or services from Semtive. Upon receipt of your Deposit, Semtive will assign you a priority position that indicates your priority right to purchase a Nemoi M when it is available for shipment, although Semtive reserves the right to vary priority positions based on your geographic location and specific system requirements.
2. Order Process. When a Nemoi M is available to be sold to you, Semtive will ask whether you want Semtive to manage the installation of your Nemoi M. If you do, Semtive will request information about your proposed installation location and schedule a site visit by a certified third-party installer to evaluate installation requirements and costs. When you respond to our request for installation information, Semtive will send you a purchase agreement between you and Semtive (“Purchase Agreement”), indicating the final specifications of your Nemoi M, installation requirements and estimated installation costs, the final purchase price and additional terms and conditions that apply to your purchase of a Nemoi M. If you enter into a binding Purchase Agreement for a Nemoi M, your Deposit will be applied towards the final purchase price of your Nemoi M. The remainder of the final purchase price (after applying your Deposit) must be paid in full prior to delivery of your Nemoi M.
3. Installation Services Required. Semtive strongly recommends that you hire a Semtive certified installer to install your Nemoi M. You are free to hire a non-certified installer, but doing so may limit or void your warranties in the Purchase Agreement. Installation and permit costs are not included in any quoted prices for the Nemoi M and will be determined after a visit by an authorized installer to the planned site of your Nemoi M. You are solely responsible for all costs associated with the installation of your Nemoi M and your compliance with all local, state and federal laws and regulations, including without limitation any requirements to acquire a permit.
4. Expiration, Cancellation and Refund. Until you enter into a binding Purchase Agreement, your Reservation may be cancelled at any time by you or Semtive for any or no reason. In the event of such a cancellation, you will receive a refund equal to your Deposit, less a $10 processing fee that will not be refunded. You will have three (3) months following your receipt of a Purchase Agreement to sign and return it to Semtive. After that three (3) month period, your Reservation will expire, and you will not be entitled to a refund of your Deposit. You acknowledge and agree that a refund of your Deposit (less processing fees) is your sole and exclusive remedy from Semtive for any claim arising from or concerning your Reservation, your Deposit or these terms and conditions.
5. Expected Delivery. Semtive currently anticipates that delivery of the Nemoi M will begin no earlier than November of 2017. This is only an estimate, and nothing in these terms and conditions is meant to guarantee delivery by a certain date. Semtive does not warrant or guarantee that all of the functionality and features of the Nemoi M shown in on our website or on promotional videos will be available upon initial delivery or ever. Some features will be added and made available to purchasers at a later time. We will attempt in good faith to notify you of any major changes that affect delivery dates.
6. Disclaimer of Warranties. YOU AGREE THAT, EXCEPT AS EXPRESSLY SET FORTH IN THE PURCHASE AGREEMENT, SEMTIVE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY EXCLUDES AND DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL OTHER OBLIGATIONS OR LIABILITIES OF SEMTIVE, WHETHER UNDER A THEORY OF NEGLIGENCE OR STRICT LIABILITY, CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR RELATING TO THE SALE, USE OR OPERATION OF A NEMOI M, OR OTHERWISE, ARE EXCLUDED BY SEMTIVE AND EXPRESSLY WAIVED BY YOU.
7. Non-Transferable. You may not assign or transfer your Reservation to another party without Semtive USA Inc.’s prior written approval.
8. No Interest on Deposit. You acknowledge and understand that your Deposit will not be held in a separate account or in an escrow or trust fund, and Semtive will not owe you or pay you any interest on your Deposit.