Pre-Order Terms and Conditions

These Pre-Order Terms and Conditions (“Terms”) govern the placing of reservations or pre-orders (“Pre-Order”) with 2040 Energy (“we”, “us”, “our” or “2040 Energy”) for our products (“Products”). Please read these Terms carefully before submitting your Pre-Order of any 2040 Energy Products. By submitting your Pre-Order reservation, you agree to be bound by these terms.

1. Pre-Order Reservation. When placing a Pre-Order reservation (the “Deposit”) for Products, you will be required to provide certain information, such as your name, address and billing information. You represent and warrant that (a) all such information is accurate and (b) you will ensure that such information is kept current. 2040 Energy has no (a) responsibility or liability for inaccurate information or information that later becomes outdated or (b) obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time before your Product ships by sending an e-mail to [email protected].

You acknowledge and agree that there is no set delivery date for the Products and that 2040 Energy may decline, delay, or cancel Pre-Order reservations in its sole discretion. Likewise, you may cancel your Pre-Order reservation at any time before shipment of the Products as set forth in Section 6.

2. Payment. You will be charged the Deposit stated in the Pre-Order reservation at the time of placing the Pre-Order. The Deposit will be applied towards the Price of the Products at the time of shipment. The purchase price (“Price”) does not include taxes and other government charges, which are your responsibility.

3. Priority. 2040 Energy will build Products according to the order in which the Pre-Order Deposit is received. If you cancel or forfeit your reservation in accordance with the terms of this Agreement, your position will be taken by the next person on the Product reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display before fulfilling Product reservations. Furthermore, we may in our discretion, before fulfilling Product Pre-Order reservations, offer Products for sale to the public.

4. Delivery Schedule. Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (“ETD”) is only an estimate, is subject to change. 2040 Energy does not represent or warrant that it will be able to ship the Product by the ETD. As a result, in the event that a delay arises and the estimated shipment or release of the product is not met, 2040 Energy is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 6 below.

5. Purchase Confirmation. When your Product is ready for shipment, (a) 2040 Energy will contact you to confirm your purchase by executing a final purchase agreement; and (b) all design and technical features of the product will be finalized and available for you to review before confirming your purchase.

6. Cancellation. You or 2040 Energy may cancel this reservation by terminating the Pre-Order at any time for any or no reason before you complete the Purchase Confirmation. If you do so before completing the Purchase Confirmation, you will obtain a full refund of the Deposit without interest. If 2040 Energy cancels your reservation you will receive a full refund of the Deposit without interest.

7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL 2040 ENERGY BE HELD LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT 2040 ENERGY IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR DEPOSIT WITHOUT INTEREST.

8. Not a Purchase Agreement. These Terms are not and do not constitute an offer to buy or sell Products or an agreement for the purchase or sale of any Products.

9. Age and Residency. You acknowledge that you are at least 18 years old, are a resident of the United States, and will take delivery of your Product in the United States. You further acknowledge and agree that the Products may be subject to export control laws. You represent, warrant, and agree that you are not on any export restricted list and will not export Products in violation of any export control laws.

10. Customer Information. We may use any information that we may collect about you in accordance with our privacy policy.

11. DISCLAIMER. 2040 ENERGY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT DISPLAYED OR ADVERTISED BY 2040 ENERGY WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PRODUCT AT THE TIME OF THE PRE-ORDER RESERVATION. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR PRE-ORDER AS DESCRIBED IN SECTION 6 ABOVE.

12. Changes to the Terms. 2040 Energy reserves the right to change any of the terms for any or no reason. If you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 6 above.

13. Miscellaneous Provisions. These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement is governed by and shall be construed in accordance with the laws of the State of Minnesota without consideration to any application of any conflict of laws rules that would require the application of the laws of any other jurisdiction other than the State of Minnesota. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in the state or federal courts sitting in Hennepin County, State of Minnesota, the place where this Agreement was entered and is to be performed. You may not assign this Agreement or any of the rights granted to you in this Agreement.