This Pre-Order Agreement (the “Agreement”) is made on [date] (the “Effective Date“) between you (Name: [name], Email: [email], also known as “Customer”) and we (elerGreen Industry Corporation in Canada and elerGreen Industry Sendirian Berhad in Malaysia, collectively known as “elerGreen”), for pre-order of any of elerGreen Products or Services (the “Pre-Order”) with elerGreen.
- No Pre-Order Payment. This Pre-Order placement is free of charge. You may, however, be required to provide certain information, such as your contact information and preference. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. elerGreen shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time by sending an e-mail to firstname.lastname@example.org.
- Pre-Order Discount. A pre-order discount of 10% (ten percent) will be applied. The pre-order discount will survive a suspension but will not survive a termination.
- Pre-Order Process. You understand that elerGreen may not have completed the development of the Products, begun manufacturing the Products, or have the Services available at the time of this Agreement. Once this Agreement becomes effective, You will be placed on the pre-orders list and Customer may receive communications about the development of the Products or the Services as applicable. The Customer’s pre-order sequence is transferable or assignable to another party with the prior written approval by elerGreen.
- Pre-Order Sequence. The Sequence of within this Pre-Order is queued on a first-come-first served basis. However, other Customer who have proceeded to Supply and Purchase of Products takes precedence in sequence over this Pre-Order sequence. Depending on the supply capacity, the Sequence may be split into different queues for different Products or Services.
- Suspension. You have the option to relinquish Customer’s pre-order sequence position and defer to a later position to be determined by elerGreen (known as “Suspension”). elerGreen will establish Customer’s pre-order sequence position in elerGreen’s sole discretion.
- Production Capacity. elerGreen may decline pre-orders to avoid over-subscription, if elerGreen is unable to commence delivery of the Products or the Services to your region or as elerGreen deems appropriate in elerGreen’s sole discretion. If your pre-order is declined or if your pre-order sequence position is changed by elerGreen, you will be notified by elerGreen in writing.
B. Supply and Purchase of Products
Once the Products or the Services is ready, you will be notified by elerGreen in writing, where you will elect whether to proceed further into Supply and Purchase of Products or Services, where elerGreen will supply and you will purchase the Products or the Services in accordance with the terms of this Agreement. Further terms may be added on top on the terms of this Agreement detailing the specifics of the Supply and Purchase.
- Term. The term of this Agreement begins on [date] and will continue indefinitely, terminated earlier (the “Term”).
- Termination upon Notice. Either party may terminate this Agreement for any or no reason immediately by notice in writing to the other party.
- Termination of Obligations. On termination or expiration of this Agreement, each party’s rights and obligations under this Agreement will cease immediately.
D. Limitation on Liability
To the maximum extent permitted by applicable law, neither party will be liable for breach-of-contract damages or other liabilities that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this Agreement.
E. General Provisions
- Authority and Capacity. The parties have the authority and capacity to enter into this Agreement.
- Enforceability. This Agreement constitutes a legal, valid, and binding obligation, enforceable against the parties according to its terms.
- No Conflicts. Neither party is under any restriction or obligation that may affect the performance of its obligations under this Agreement.
- Amendment.elerGreen may amend this Agreement any time by written notice, but you maintain the rights to terminate this Agreement for any or no reason.
- Assignment. elerGreen may at any time transfer parts or all of its obligations to a third-party for the purpose of fulfilling obligations in this Agreement. This Agreement is transferable or assignable by Customer to another party with the prior written approval by elerGreen.
- Notices. The parties will give all notices and communications between the parties in writing by email between you (Email: [email]) and elerGreen (Email: email@example.com, or any other email specified by firstname.lastname@example.org in writing) for the purposes of this section. A notice given under this Agreement shall be deemed to be sufficient served on the earlier of the other party’s receipt of it and the 30th (thirtieth) calendar day after emailing it.
- Severability. If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
- Written Waivers. A waiver or extension is only effective if it is put in writing by the party granting it.
- No General Waivers. A party’s failure or neglect to enforce any of its rights under this Agreement will not be deemed to be a waiver of that or any other of its rights.
- No Course of Dealing. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.