1. The Reservation
This reservation agreement (“”Reservation” or “Agreement”) is made by you, the renter (“Renter”) for 1 unit of the Nimbus Halo vehicle (each, a “Halo”) from Nimbus AV Inc (“Nimbus”) for the reservation deposit of $200 per unit (“Reservation Deposit”). This Reservation holds Renter’s approximate place in line in the country of Renter to receive the delivery of the Halo. Nimbus will contact Renter to provide notification when a Halo that have been reserved by Renter is available for rent in Renter’s designated country.
2. Fully Refundable
Renter is not obligated to rent a Halo reserved hereunder. The rental of a Halo will be governed by a separate Rental Agreement. At any time prior to Renter’s execution of a Rental Agreement and upon written request through Email by Renter to Nimbus, the Reservation Deposit shall be fully refundable to Renter.
3. Order Process
After notification that a Halo reserved by Renter are available for rent in Renter’s designated country, Renter will have the option to enter into a Rental Agreement. Upon entering into a Rental Agreement, the Reservation Deposit will be applied to the Rental Price indicated in the Rental Agreement. If Renter does execute and return a Rental Agreement within 90 days of being notified of the availability a Halo for rent by Renter, Nimbus shall have the right, in its sole and absolute discretion, to cancel this Reservation and refund the Reservation deposit to Renter in full. For purposes of this section, “notification” shall mean the next business day after an email has been sent to Renter.
4. Waivers and Disclaimers
The estimated rental price of a Halo provided at the time of reservation shall be subject to change without notice and may be different depending on Renter’s choice of options at the time of the rental. The availability of a Halo and allocation of Halos to any particular country shall be within the sole and absolute discretion of Nimbus; and Nimbus shall have no liability whatsoever in connection with its decisions as to availability and allocation. Nimbus does not guarantee that a Halo reserved by Renter will be available at all to Renter, or that a Halo will ever be available in Renter’s country or anywhere else. The actual design of the Halo available for rent may be different than that represented in photos and representations prior to delivery. Nimbus makes no representations or warranties as to the Halo and/or the time in which the Halo will be available for rent. The only valid warranties shall be those included within the Rental Agreement. Provided Nimbus returns the Reservation Deposit in full, Renter waives any claim against Nimbus, its principals, officers, employees and agents for cancellation of this Reservation for any reason. In no event shall Renter have any claim against Nimbus, its principals, officers, employees and agents on any account, whether based in contract or tort, for an amount in excess of the unreturned Reservation Deposit.
5. Governing Law
This Agreement is governed by the laws of the State of Michigan, U.S.A., without regard to its conflict of laws provisions. Each party consents to the exclusive jurisdiction and venue of the state and federal courts in Ann Arbor, Michigan, USA.