MODEL 3 RESERVATION AGREEMENT
This Model 3 Reservation Agreement between you and Tesla Motors, Inc. (we or us), is for your reservation to place a Model 3 order with us. As
Model 3 enters production, we will contact you to formally place your order.
By entering into this Model 3 Reservation Agreement you are making
a reservation to place a Model 3 order with us. This Agreement does
not constitute the sale of any vehicle.
2. Nature of Agreement; Non-Binding Reservation Payment
The Reservation Payment is fully refundable at any time (for example,
if you choose to cancel or abandon your reservation, or if we decline to
maintain you as a reservation holder). This Agreement does not
constitute an agreement for the sale of a Model 3 and does not lock in
pricing, a production slot, or an estimated delivery date. You are under
no obligation to purchase a Model 3 from us, and we are under no
obligation to sell you a vehicle. If and when we notify you that it is time
to place your order for Model 3 and you wish to proceed with the
purchase of a Model 3, such sale and purchase will be governed by a
separate and legally binding Purchase Agreement between you and an
authorized Tesla dealer (Tesla).
3. Effective Date; Reservation Process
This Agreement becomes effective when we receive both your: (1)
validly executed Agreement and (2) Reservation Payment in the
amount and form stated in the Payment Instructions provided to you
during the reservation process. You may execute this Agreement by
either: (i) acknowledging and accepting this Agreement online or; (ii)
submitting a signed Agreement to a Tesla representative. You may
make your Reservation Payment by the means described in the
Payment Instructions. Once this Agreement becomes effective, you
will be placed on the Model 3 reservations list and will receive
communications about the Model 3 program.
4. Order Process
This Agreement is not for the sale of a vehicle. When the start of
production for your reservation nears, we will ask you to configure your
options and to provide full details of the legal purchaser of the Model
3. Tesla will create an order for your Model 3 containing the
information provided by you, and a Purchase Agreement indicating the
estimated purchase price of your Model 3, taking into account the base
price of the model and any options included or that you select, plus
estimates of any applicable taxes, duties, transport and delivery
charges, and any other applicable fees. Tesla will then submit to you
the order and the Purchase Agreement for your review. If you wish to
proceed and purchase the Model 3, you must sign and return the
Purchase Agreement together with any required order payments.
Production of your Model 3 will then commence and your order
payment under the Purchase Agreement will become non-refundable
(to the extent permitted by applicable law). At the time you enter into
the Purchase Agreement, you may, at your sole option, notify us that
you would like to take your Reservation Payment and apply it toward
your order payment. These procedures may be subject to change.
5. Purchase Price
Base vehicle and option pricing may not be available at the time of your
reservation and, if pricing is available, it is subject to change until
agreed upon in an executed Purchase Agreement.
6. Deferral and Non-Transferability
If you do not wish to enter into a Purchase Agreement at the time that
you are contacted by Tesla, you have the option to relinquish your
reservation sequence position and defer to a later position to be
determined by us (only one deferral is permitted). If you do not
communicate your decision to us within ten (10) days of notification
to place your order, you will automatically be granted your one
deferral and we will defer your reservation position. This Agreement
is not transferable or assignable to another party without the prior
written approval of a Tesla authorized representative.
We will establish your reservation sequence position in our sole
discretion. We may decline reservations to avoid over-subscription or
as we deem appropriate in our sole discretion. If your reservation is
declined or we decide to cancel your reservation, you will be notified
and your Reservation Payment will be refunded.
8. Your Details
From time to time we will ask you to provide information so that we
can perform our obligations under this Agreement. We will maintain
which is available at https://www.teslamotors.com/about/legal.
9. Limitation of Liability
To the maximum extent permitted by applicable law, we make no
warranty of any kind in connection with this Agreement or its subject
matter. Under no circumstances will we be held liable for any direct,
indirect or consequential loss or damage, including any and all (a) loss
of opportunity (including loss of contract or right to offer or tender);
(b) lost opportunity cost; (c) loss of business; (d) reduction or damage
to goodwill; (e) damage to name or reputation; (f) loss or corruption
of data, and regardless of whether any or all of these circumstances
are considered to be indirect or consequential losses or damage, in
contract, tort (including negligence), under any statute or law or
otherwise arising out of our breach of this Agreement, even if we have
been advised of the possibility of occurrences which would or might
lead to such loss or damages. If we are held liable for any damages
related to your reservation or this Agreement, your sole and exclusive
remedy will be limited to reimbursement of the Reservation Payment
paid to and held by us.
You understand that Tesla may not have completed the development
of Model 3 or begun manufacturing Model 3 at the time of your
reservation. You also acknowledge that, if you purchase a Model 3,
the Model 3 may not be delivered to you until the end of 2017 or
later. You also agree that we will not hold your Reservation Payment
separately or in an escrow or trust fund or pay any interest on
11. Governing Law and Jurisdiction This Agreement is governed by
the laws of the State of Florida, U.S.A. without regard to its conflict of
laws provisions. The English version of this Agreement shall govern to
the extent not prohibited by law in your jurisdiction.