Reservation agreement
Welcome to Fulcel LLC. (“Fulcel”, “we” or “us”). PLEASE READ THIS RESERVATION AGREEMENT (THE "AGREEMENT") CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND FULCEL LLC, GOVERNING THE RESERVATION OF THE PRODUCT DESCRIBED BELOW. BY CLICKING “I AGREE” AND/OR SUBMITTING YOUR RESERVATION REQUEST, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT IS EFFECTIVE AS OF THE DATE YOU CLICK “I AGREE” AND/OR SUBMIT YOUR RESERVATION REQUEST (THE “EFFECTIVE DATE”).
Reservation and Acceptance
Offer: You have the opportunity to reserve the Fulcel, an innovative off-grid travel trailer (the “Product”). Each reservation you make (“Reservation”) represents an offer to purchase the Product. You make this offer when you complete the registration process with all requested information.
Registration Information: When reserving the Product, you must provide certain information, such as your name, email, delivery address, and billing details. You confirm that all provided information is accurate and will keep it updated. Fulcel is not liable for any inaccuracies or outdated information and has no obligation to verify or correct your details. You can update your information any time before being notified that the Product is ready for delivery by emailing legal@fulcel.com.
Acceptance: We reserve the right to accept or reject any Reservation at our discretion until the Product is delivered. If we reject your Reservation, we will refund your deposit as your exclusive remedy. Notification of acceptance or rejection will be sent to the email provided during registration.
Restrictions on Sale; Right of Cancellation: We may limit the number of Products sold, restrict sales to certain entities, or cancel a Reservation at any time. If a Reservation is cancelled, your sole remedy is a refund of your deposit. You must be at least 18 years old to reserve a Product, and by agreeing to this Agreement, you confirm you meet this age requirement.
Payment: The Purchase Price for the Product is detailed in the reservation process and excludes taxes, credits, and government fees, calculated at delivery. A refundable deposit is required at Reservation. We use a third-party payment service, and by making a Reservation, you agree to their terms. Your deposit may be held in an interest-bearing account, but you have no claim to any interest accrued.
Refunds: Your down payment is refundable until the estimated production date. Refunds will be processed using the original payment method.
Estimated Production Date; Shipment and Delivery: The Product is pre-sold and not yet in production. The estimated production date will be provided during Reservation. If production is delayed, you will be offered a refund or a new production date as per FTC Rules. We do not guarantee delivery dates as they depend on various factors. Specifications may change before production. Delivery terms vary based on your chosen method, and title and risk transfer based on these terms.
Terms and Conditions: Your purchase and use of the Product are subject to this Agreement and additional terms at the time of delivery. You must comply with local laws and regulations and use the Product as per our documentation. Products are subject to export control laws.
Intellectual Property: Fulcel and its licensors own all intellectual property rights in the Product. All rights not expressly granted are reserved.
Warranty and General Disclaimer: You will receive the Product warranty at or before delivery. The Product is provided "as is" and "as available," except for the Limited Warranty. Fulcel disclaims all other warranties, express or implied.
Limitation of Liability: Fulcel's liability for damages, whether under contract, tort, or otherwise, is limited to the amount paid for the Product. This limitation applies except where prohibited by law and does not apply to any liability for personal injury.
Indemnification: You agree to indemnify Fulcel and its affiliates against losses related to your use of the Product, violation of this Agreement, infringement of third-party rights, or violation of laws. Fulcel will assume the defense of any claim for which you are required to indemnify Fulcel and you agree to provide your full cooperation.
Force Majeure: Neither party will be liable for failure to perform obligations due to events beyond their control, such as natural disasters, acts of terrorism, war, or other significant events, which might hinder the fulfillment of the contract.
Modification of this Agreement: We reserve the right to modify this Agreement at any time. Changes become effective upon your acceptance of the modified Agreement or, for less significant changes, upon publication.
Entire Agreement; Survival: This Agreement represents the entire understanding related to the Reservation of the Product. Provisions that by their nature should survive termination will do so.
Waiver; Severability: A waiver of any provision in one instance is not a waiver of that provision in any other instance. If any part of this Agreement is held unenforceable, the remaining portions will continue in full force and effect.
Dispute Resolution: Disputes with Fulcel are to be resolved through binding arbitration, not in court, except for certain types of claims as detailed in the Agreement. This includes a waiver of the right to a jury trial and participation in class actions.
Assignment: This Agreement, and your rights and obligations, may not be transferred without Fulcel’s prior written consent.
Exclusive Venue: For any litigation allowed under this Agreement, both parties agree to the exclusive jurisdiction of state or federal courts in Traverse City, Michigan.
Governing Law: This Agreement is governed by the laws of the State of Michigan, excluding its conflict of law principles.
Notice: Notices to Fulcel should be sent to the designated email or physical address. Fulcel will use your last provided email for communications.
Consent to Electronic Communications: You consent to receive electronic communications from Fulcel and agree that all agreements and notices provided electronically satisfy any legal requirement that such communications be in writing.