Reservation Fee Agreement
This Reservation Fee Agreement (these “Terms” or “Agreement”) governs the placing of a reservation fee (“Reservation Fee”) with LiveWire Labs, LLC, a California limited liability company, (“LiveWire” or “we” or “us”) for a LiveWire™ motorcycle (“LIVEWIRE MOTORCYCLE”). Read all of these Terms carefully before making your Reservation Fee. By making your Reservation Fee, you agree to be legally bound by these Terms.
1. Reservation Only
Each Reservation Fee you make for a LIVEWIRE MOTORCYCLE acts as a reservation for a future purchase of a LIVEWIRE MOTORCYCLE (“Reservation”). You are under no obligation to purchase a LIVEWIRE MOTORCYCLE from us, and we or any other company within the LiveWire group are under no obligation to sell you a LIVEWIRE MOTORCYCLE.
These Terms do not constitute an agreement for the sale of a LIVEWIRE MOTORCYCLE and do not lock in pricing, delivery date, or specific LIVEWIRE MOTORCYCLE configuration. While the Reservation Fee is not landlocked to a specific country, to complete the purchase of a LIVEWIRE MOTORCYCLE, you will need to execute an order agreement, purchase agreement and related documentation (“Final Sales Agreements”) with a local LiveWire entity, which will include additional terms and conditions, including residency requirements and the final price sheet for the motorcycle you ultimately select (“Your LIVEWIRE MOTORCYCLE”). Additional payment for Your LIVEWIRE MOTORCYCLE, including taxes and other governmental fees that apply, shall be required upon execution of the Final Sales Agreements.
We may decline Reservations as we deem appropriate in our sole discretion. If your Reservation is declined, you will be notified and your Reservation Fee payment will be refunded.
2. Reservation Eligibility: Age
You must be at least 18 years of age to make a Reservation for a LIVEWIRE MOTORCYCLE. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years of age.
3. Registration
When making a Reservation for a LIVEWIRE MOTORCYCLE, you represent and warrant that all information provided is accurate. It is your responsibility to keep this information current at all times by emailing us at CustomerSupport@LiveWire.com oor via online live chat on the livewire.com website. LiveWire shall not be liable for inaccurate or outdated information.
4. Payment
You will be charged your Reservation Fee when you make a Reservation. Making a Reservation constitutes your express agreement to be charged the Reservation Fee using your provided payment method. Your Reservation Fee will be held by LiveWire and the final sales price of Your LIVEWIRE MOTORCYCLE will be reduced by an amount equivalent to the Reservation Fee unless the Reservation Fee has been previously refunded.
5. No guarantee of delivery date
You are making a Reservation for a LIVEWIRE MOTORCYCLE. If you subsequently purchase a LIVEWIRE MOTORCYCLE, there is no guarantee as to delivery date based on your Reservation.
6. Cancellation/refund
Prior to executing the Final Sales Agreements, you may cancel your Reservation and receive a full refund of your Reservation Fee at any time and for any reason by contacting us via online live chat on the livewire.com website or by emailing us at CustomerSupport@LiveWire.com from the email address linked to your LiveWire account. You will receive your full refund within approximately 5-10 business days. LiveWire may cancel your Reservation at any time and will issue a full refund of your Reservation Fee to your account on file. LiveWire will be responsible for currency conversions and exchanges fees associated with the refund of the Reservation Fee.
7. Privacy Policy and Terms of User
The data LiveWire and/or its affiliates collects from you or about Your LIVEWIRE MOTORCYCLE will be used in accordance with our Privacy Policy and Terms of Use, each of which is incorporated herein by reference and available on our website at https://www.livewire.com/en-ch/documents/privacy-policy/ and https://www.livewire.com/en-ch/documents/terms-of-use/. Please read our Privacy Policy and Terms of Use carefully to understand the data that we collect and our practices regarding your information and how it will be treated. If you have questions regarding our Privacy Policy or Terms of Use, you should contact us by email at CustomerSupport@LiveWire.com.
8. Severability
If any provision, or portion of this Agreement, is found to be unenforceable, the remainder of this Agreement shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable.
9. Modification
This Agreement may not be modified, altered or amended unless expressly agreed to in writing signed by you and LiveWire.
10. No Waivers
The failure by LiveWire to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of LiveWire.
11. Assignment
You may not assign your rights under these Terms without our express prior consent. LiveWire may assign these Terms or your Reservation Fee in our discretion without your consent. Any assignment in violation of this Agreement will be null and void.
12. Limitation of Liability
No consequential or indirect damages. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL LIVEWIRE OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, 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.
Maximum Liability. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL LIVEWIRE’S OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO LIVEWIRE PURSUANT TO THIS AGREEMENT.
13. Dispute Resolution—Arbitration
Binding Arbitration
You and LiveWire agree that any dispute, controversy, or claim arising out of, or in relation to, this contract, including regarding the validity, invalidity, breach or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date on which the Notice of Arbitration is submitted in accordance with those Rules.
The number of arbitrators shall be one.
The seat of the arbitration shall be Zurich, Switzerland.
The arbitral proceedings shall be conducted in English.
The Expedited Procedure shall apply.
Notwithstanding the above, the parties may agree at any time to submit the dispute to mediation in accordance with the Swiss Rules of Commercial Mediation of the Swiss Chambers’ Arbitration Institution.
YOU AND LIVEWIRE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Livewire agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
14. Choice of Law
This Agreement, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of Switzerland excluding the United Nations Convention on Contracts for the Internal sale of Goods, without regard to choice or conflict of law principles.
15. Entire Agreement
Your Reservation confirmation, these Terms, our Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. It shall supersede all prior and contemporaneous representations, warranties, agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. In the event of any conflict between these Terms, our Terms of Use and our Privacy Policy, these Terms shall prevail.