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
The 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 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. To complete the order of a LIVEWIRE MOTORCYCLE, you will need to execute an order agreement, purchase agreement and related documentation (“Final Sales Agreements”) which will include additional terms and conditions, including 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, may be required at that time.
We may decline at our sole discretion to accept the Reservation within three weeks of your request of reservation made by payment of the Reservation Fee. If your Reservation is declined, you will be notified and your Reservation Fee payment will be returned. Otherwise, the Reservation Fee is non-refundable.
In exchange for the payment of the Reservation Fee you will be placed on the waiting list for placing an order a LIVEWIRE MOTORCYCLE. You will receive status updates and further information regarding your place on the waiting list.
2. Reservation Eligibility: Age and Residency
You must be at least 18 years of age and a resident of Germany 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 and a resident of Germany.
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 any time by emailing us at CustomerSupport@LiveWire.com. LiveWire shall not be liable for inaccurate or outdated information.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 payment will be retained by LiveWire and the final sales price of Your LIVEWIRE MOTORCYCLE will be reduced by the Reservation Fee.
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. 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-de/documents/privacy-policy/ and https://livewire.com/en-de/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.
7. 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.
8. Modification
This Agreement may not be modified, altered or amended unless expressly agreed to in writing signed by you and LiveWire.
9. 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.
10. 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.
11. 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.
12. Competent court
The parties agree that the competent court in Frankfurt am Main shall have exclusive jurisdiction to hear and determine any disputes arising out of or in connection with this Agreement.
13. 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 the Federal Republic of Germany, without regard to choose or conflict of law principles, except as otherwise provided in the arbitration agreement.
14. 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.