Valence Vehicle Reservation Agreement

This Agreement sets out the terms on which Electrotrek Pty Ltd (ABN 95 161 111 584) trading as Valence offers Reservations for its vehicles.  Documentation

 These Terms & Conditions are effective as of the date you place your Reservation and make your Reservation Payment (the “Reservation Date”).

Before you complete your purchase, three further documents will be prepared for your agreement:1. Vehicle Configuration: The Vehicle Configuration will be finalised with you at a future date. The Vehicle Configuration will describe the Vehicle that you configure and will the pricing will apply to the finalised Configuration..  

2. Final Price Sheet: The Final Price Sheet will also be provided to you at a future date. The Final Price Sheet will include final pricing based on your Vehicle Configuration and will include taxes and official or governmental fees.
3. Terms of Sale: VALENCE’s standard terms for sale of our vehicles.

Agreement to Purchase 

You and we agree to reserve the Vehicle as described in your Reservation (the “Vehicle”), from the time that you make your Reservation Payment. 

Your Vehicle Configuration and Final Price Sheet will be based on features, options and hardware available at the time of your Reservation. Availability of features and options must then be confirmed by our Authorised Dealer handling your Reservation. Although we make our best effort to accommodate all requests, some options, features or hardware released after you place your order may not be included in or available for your Vehicle.

Reservation Payment

The Reservation Payment shall be $100 AUD (“Reservation Payment”). You agree to pay the Reservation Payment via EFT payment, Visa, MasterCard or American Express.

Reservation Effective Date

Your Reservation for your Vehicle becomes effective when we receive your Reservation Payment. By reserving your Vehicle, you secure the approximate delivery priority of your Vehicle in accordance with the queue for Reservations.

Pre-Order Price, Taxes and Official Fees 

The final price of the Vehicle will be confirmed in your Vehicle Configuration and Final Price Sheet. Depending on availability and preference, you may have only configured part of your Vehicle during the Reservation process, thus any pre-order price provided to you in advance of the Final Price Sheet is only being offered to you as an estimate and is subject to change. Note that any pre-order price listed in the Vehicle Configuration will include Goods and Services Tax as required by Australian law. Taxes and fees are constantly changing and will depend on many factors, such as where you accept delivery and register the Vehicle.  They will be calculated closer to the time of delivery and be indicated on your Final Price Sheet. You are responsible for paying these taxes and fees.

Reservation Process

After you submit your completed Reservation and the options you selected become available in production, we will invite you to complete the configuration of your Vehicle. After you have configured your Vehicle, we will then provide you with the Vehicle Configuration and Final Price Sheet based on the base price of the model and any options included or that you select.

Cancellations 

If you cancel, you will receive a full refund of your Reservation Payment. 

To start a refund, you can contact us at contact@valence.au.

We will notify you when your refund has been processed.  You will be refunded on your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too.
If more than 15 business days have passed since we’ve approved your refund, please contact us at contact@valence.au.

Order Finalisation

Until your final configuration is matched to a Vehicle, you may make changes to your Vehicle Configuration (from the available features and options, which will vary from time to time). If you make changes to the configuration of the Vehicle, the final price may differ from the pre-order estimate . Any changes made by you to your Vehicle Configuration, including changes to the delivery location, will be reflected in an updated subsequent Vehicle Configuration.

You will be required to take delivery of your Vehicle at an Authorised Dealership. When you take delivery of the Vehicle, the Authorised Dealer will provide a credit to the final price of your Vehicle equivalent to the amount of the Reservation Payment you paid. This Reservation Payment and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.

Delivery

If you are picking up your Vehicle in a jurisdiction where we are licensed to sell the Vehicle, our Authorised Dealer will notify you of when your Vehicle will be ready for delivery. Once notified that your Vehicle is ready for you, you agree to schedule and take delivery of your Vehicle within one week of this date. If you are unable to take delivery within the specified period, your Vehicle may be made available by our Authorised Dealer for sale to other customers, unless agreed upon otherwise. If you wish to pick up your Vehicle in a state or jurisdiction where we are not licensed to sell the Vehicle, or if you and Valence otherwise agree, Valence will, on your behalf, coordinate the shipment of your Vehicle to you from our factory in Perth, Western Australia or another state where we are licensed to sell the Vehicle. In such a case, you agree that this is a shipment contract under which Valence will coordinate the shipping of the Vehicle to you via a third-party common carrier. You agree that delivery of the Vehicle, including the transfer of title and risk of loss to you, will occur at the time your Vehicle, is loaded onto the common carrier’s transport (i.e., FOB shipping point). The carrier will insure your Vehicle while in transit and you will be the beneficiary of any claims for damage to the Vehicle or losses occurring while the Vehicle is in the possession of a common carrier.

While we will work hard to ensure that your Vehicle is delivered by the Authorised Dealer on the planned delivery date, we cannot guarantee that the Vehicle will be delivered on such date. Your actual delivery date is dependent on many factors, including your Vehicle configuration and manufacturing availability. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Vehicle and all proceeds therefrom until your obligations have been fulfilled.

Limitation of Liability

We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Reservation Payment. This limitation of liability clause shall not apply in cases of wilful misconduct, wilful deception or gross negligence on our part or in cases of death or personal injury.

No Resellers; Discontinuation; Cancellation

Valence and its affiliates sell vehicles directly to end-customers, and we may unilaterally cancel any pre-order that we believe has been made with a view toward resale of the Vehicle or that has otherwise been made in bad faith. We may also cancel your pre-order and refund your Reservation Payment if we discontinue a product, feature or option after the time you place your pre-order or if we determine that you are acting in bad faith.

Governing Law; Integration; Assignment

The terms of this Agreement are governed by, and to be interpreted according to, the laws of the country in which we are licensed to sell vehicles that is nearest to your address indicated on your Vehicle Configuration. Prior agreements, oral statements, negotiations, communications or representations about the Vehicle pre-ordered under this Agreement are superseded by this Agreement. Terms relating to the pre-order not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.

Region Specific Provisions

We may notify you of Region Specific Provisions forming part of this Agreement, by posting them on our website.  If you are in a region to which such provisions apply, you acknowledge that you have read and understand the provisions applicable to you in the relevant Region Specific Provisions.

This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise.