Terms of Reservation

TERMS OF RESERVATION

ENVO Drive Systems Inc. (d.b.a Veemo)

1685 Ingleton Ave,

Burnaby, B.C. V5C 3V6

  1. Veemo Vehicle

The Veemo SE (Semi-Enclosed) Consumer Edition (the “Veemo”) as supplied by ENVO Drive system Inc. (doing business as Veemo and/or its affiliates (“we”, “us”, “our”) is a semi-enclosed, 3-wheel pedal-electric cycle or electronically power-assisted cycle (an electric bicycle where the rider’s pedalling is assisted by a small electric motor). In the USA and Canada, the Veemo is considered a Class 2 on demand e-bike with throttle. The Veemo is classified under the European product safety standards EN 15194 (as published in 2009). The Veemo is 200cm long x 89 cm wide x 150 cm tall. Please check your local regulations for the authoritative definitions, legislations, and classifications.

Safety and technical specifications include proprietary enclosure, factory-tuned rear suspension, a custom belt drive, a single center mount motor (for which the output varies by country and remains subject to change), a Nuvinci constantly variable transmission, an EcoDrive belt system, a powered windshield wiper, 60 litres of on-board cargo space, tri-hydraulic brakes, tri-20” wheels, dual LED front headlights, dual LED rear tail lights and dual side mirrors.

  1. Reservation 

By clicking accept, you are agreeing to these terms and conditions (“Terms”) to secure your reservation (the “Reservation”) for a Veemo. You also confirm you are at least 18 years of age. These Terms are not an order or agreement for the sale and delivery of a Veemo to you. Your Reservation payment is not a deposit towards payment of your Veemo at time of entering into these Terms. We will contact you to inform you of the availability of a Veemo, and you may proceed with the order of a Veemo as described in Section 5 below. A Reservation only provides you with the rights expressly provided in these Terms, and does not you with any other rights, including, without limitation, a guarantee of a vehicle price or delivery date. 

  1. Effective Date 

Your Reservation becomes effective when we receive your Reservation payment in the sum and currency stipulated (“Reservation Payment”).  Your Reservation secures the approximate delivery priority of your Veemo in your selected country. 

  1. Refund of Reservation Payment 

You are under no obligation to purchase a Veemo from us.  Provided that you have not entered into an Order Purchase Agreement, you may terminate the Reservation at any time by sending an email for cancellation to reservations[at]veemo.ca. Upon our receipt of your termination, the Reservation Payment shall returned to you. We also reserve the right to cancel your Reservation at any time and refund your Reservation Payment for any reason whatsoever in our sole discretion. If you proceed with the order of a Veemo as described in Section 5 below, the Reservation Payment shall form part of the deposit thereunder. If you do not proceed with the order of a Veemo, you will be deemed to have elected not to proceed with the purchase, and the Reservation Payment shall be returned to you. No interest shall be earned by you on the Reservation Payment. 

  1. Order Purchase Agreement 

As we approach the date of production of your reserved Veemo, you will receive an email from us: (i) requesting you to make your option selections by way of web form or like document and (ii) to submit the Order Confirmation Payment as set-out in the email detail and amount and currency stipulated.  Once we receive your selections, a separate agreement concerning your order (the “Order Purchase Agreement”) will be provided. The Order Purchase Agreement will set out the estimated price of the Veemo, which will include base price and additional options selected, a detailed statement of the terms of payment, and the estimated supply date.  For certainty, final payment of the purchase price and any taxes, or fees, and delivery charges, along with the final purchase will not be due until the Veemo is confirmed to be ready for delivery. Following acceptance of the Order Purchase Agreement, the production of your Veemo will commence.  

  1. Reservation Priority and Deferrals 

The date of your Reservation will be used as an approximate priority for determining when you will be invited to complete your custom vehicle order. We will aim to serve customers based on their Reservation dates, but we reserve the right to re-sequence reservations based on available delivery locations and configurations and other factors we determined by us. If you do not enter into an Order Purchase Agreement with us within a 45 day period following our notice to you, we reserve the right to extend a purchase invitation to another person on the Reservation list. 

  1. Vehicle Specifications and Performance 

You acknowledge and agree that development of the Veemo has not been completed and production has not begun at the time of your Reservation. You will be provided with an opportunity to review the final specifications prior to entering into an Order Purchase Agreement and to configure your Veemo according to your personal preferences and the available options. You acknowledge and agree that the performance of your Veemo will depend on the final vehicle specifications, and the model and options you select. By agreeing to these Terms, you acknowledge that you understand that the available Veemo specifications may change prior to entering into an Order Purchase Agreement.

  1. Range 

Estimated ranges are based upon our projection of Ma estimated ranges for each Veemo. The projections are made using an approximation of an EPA test cycle, and vary based on customer selections and environmental factors. The battery range is up to 70 km.  Available motors include: in the USA - 750 Watts; in Canada - 500 Watts; in the European Union - 250 Watt or 1000 Watt by special order; and in the United Kingdom - 250 Watts.

By accepting these Terms, you acknowledge that you are not relying on any projected estimated ranges made prior to your Reservation. Estimated ranges are intended to be general guidelines for consumers in comparing e-bikes. Your actual range will vary depending upon many factors, including battery age, hill climbing, pedal assist riding ratio’s, riding habits, charging habits, temperatures, accessory use, and other factors as will be described in the owner’s manual. 

  1. General

By your acceptance of these Terms, you acknowledge and agree that we are not obliged or required to proceed with the proposed Reservation or the Order Purchase Agreement. Your sole remedy against us under these Terms is limited to the return of the Reservation Payment. You acknowledge that these Terms shall merge and have absolutely no further force or effect whatsoever upon the execution of the Order Purchase Agreement and that the terms and conditions relating to the purchase of the Veemo, including any specifications or other selections, shall be governed by the provisions of the Order Purchase Agreement.  

  1. Non-Transferability and Cancellation 

Your Reservation under these Terms is not transferable or assignable to another party without our prior written approval.  

  1. Not an Offering for Sale

This is not an offering for sale and nothing in these Terms or any marketing materials shall be construed as an offering for sale. These Terms are limited to the rights specifically provided herein and do not constitute an agreement, right or obligation to purchase or sell, a letter of intent or any similar instrument.

  1. Personal Information 

We may ask you to provide to us with certain personal information from time to time to allow us to perform our obligations under these Terms. We will use your personal information only for the purposes of performing our obligations under these Terms and will maintain and use your personal information in accordance with our privacy policy (available at - <link to veemo privacy policy>) and the Personal Information Protection Act (British Columbia) or other applicable privacy laws. It is your responsibility to inform us of any changes in your contact information so that we may keep you updated on your Reservation. You acknowledge your consent is not a condition of purchase of Veemo.  

  1. Communications 

We may contact you from time to time to perform our obligations under these Terms, and keep you informed about Veemo production. By agreeing to these Terms, you hereby consent to receiving such communications. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent that we may contact you by reasonable means, including SMS messages (including text messages), calls using pre-recorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. 

With your consent, we may also contact you from time to time to keep you informed about our products and services, exclusive events, customer programs and other related activities using the content details you provided to us in the context of your Reservation process. You understand that you can change your mind at any time using the contact details available in our privacy policy <link to veemo privacy policy>. 14. Limitation on Liability 

IN NO EVENT, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID TO US BY YOU PURSUANT TO THESE TERMS. WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. 

  1. Entire Agreement

You acknowledge and agree that there is representation, warranty, collateral agreement or condition affecting these Terms, the Veemo or the production of the Veemo other than as expressly set out herein, whether contained in any sales brochures or material, alleged to have been made by any sales representatives or agents, or implied by applicable law. To the maximum extent permitted by applicable law, the warranties and remedies in these Terms are exclusive and are in lieu of all other warranties, representations, and conditions of any kind, express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose and/or any implied warranty or condition of non-infringement.

  1. Governing Law 

These Terms shall be governed by the laws of British Columbia and the federal laws of Canada applicable therein.