This Order Agreement (these “Terms” or “Agreement”) governs the placing of an order online (“Order”) with Veer (“Company”) for a Veer boat package (boat, motor, and trailer) and options (“Veer Product(s)”) to be fulfilled by your selected dealer. Please read all of these Terms carefully before submitting your Order. By submitting your Order, you agree to be legally bound by these Terms.
1. Build to Order and Existing Inventory Orders
Each Order submitted for a build to order Veer Product or an Order for a Veer Product in existing dealer inventory requires a Deposit equal to ten percent (10%) of the base boat package, options, freight and dealer preparation (“Deposit”), which will be applied towards the purchase of that Veer Product.
Company may decline any Orders due to capacity restraints or as Company deems appropriate in its sole discretion. If your Order is declined, you will be notified and your Deposit will be refunded.
You will be charged the applicable Deposit when you place your Order. Placing an Order constitutes your express agreement to be charged the Deposit using your provided payment method. Your payment will be applied to the final sales price for the Veer Product(s) you select when you execute the Final Sales Agreement, as referenced below.
3. No Obligation
These Terms do not constitute an agreement for the sale of the Veer Product you ordered and do not lock in a firm delivery date.
To complete the purchase of the Veer Product you ordered, you will need to complete an agreement (“Final Sales Agreement”) with the dealer you selected using the Veer online sales platform. The dealer you selected using the Veer online sales platform will contact you once your Order is processed to finalize the Final Sales Agreement. The Final Sales Agreement will include additional terms and conditions, including the final pricing, subject to applicable taxes, tags, and registration fees for the Veer Product(s) you selected.
4. Force Majeure
Company will not be liable for any failure or delay in performing an obligation under this Agreement that is due to an event beyond Company’s reasonable control, including, but not limited to, any Act of God, pandemic, epidemic, disease, governmental action, cybersecurity breaches, ransomware attacks, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, material changes in applicable law or regulations, uprising, unavailability of materials, strike, earthquake, flood or any other natural or man-made eventuality outside of Company’s control.
5. Limitation of Liability
No Consequential or Indirect Damages. IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR PARTNERS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS, OR LOST SALES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT ANY PARTY 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. IN NO EVENT SHALL COMPANY’S 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 PAID TO COMPANY PURSUANT TO THIS AGREEMENT.
6. Applicable Law; Class Action and Jury Waiver
In case of any dispute relating to the rights and duties imposed by this Agreement, both parties will openly discuss and make reasonable efforts at amicable resolution.
Venue: Any action, claim, suit or proceeding between Company and you, whether based on federal, state, statutory, or common law, including but not limited to, any and all disputes relating to, arising out of or in connection with the interpretation, performance or the nonperformance of this Agreement and any and all disputes arising out of or in connection with transactions in any way related to this Agreement (including the expiration or termination of this Agreement) shall be litigated solely and exclusively before the United States District Court for the Eastern District of the State of Tennessee. The parties consent to the in personam jurisdiction of said court for the purposes of any such litigation and waive, fully and completely, any right to dismiss and/or transfer any action pursuant to 28 U.S.C. Section 1404 or 1406 (or any successor statutes) or the doctrine of forum non conveniens. In the event the United States District Court does not have subject matter jurisdiction of said matter, then such matters shall be litigated solely and exclusively before the appropriate state court of competent jurisdiction located in Knox County, Tennessee and the parties consent to the personal jurisdiction of such courts for the purpose of such litigation.
Class Action Bar: Company and you agree that any proceeding will be conducted on an individual basis and that any proceeding between Company and any of Company’s officers, directors and employees, on the one hand and you or any of your officers, directors, owners, guarantors or employees on the other hand, may not be (i) conducted on a class-wide basis (ii) commenced, conducted or consolidated with any other proceeding, (iii) joined with any claim of an unaffiliated third-party, or (iv) brought on your behalf by any association or agent.
Jury Waiver: Company and you irrevocably waive trial by jury in any action or proceeding, brought by either party.
8. Telephone Consumer Protection Act
By agreeing in writing to these terms, you understand that by providing your wireless telephone number(s) now or in the future, you consent to being contacted at those numbers or addresses using prerecorded artificial voice messages, automatic telephone dial devices, by Company or by a Company dealer. You understand and agree that providing your wireless telephone number and consenting to receive calls or texts at that number is not a condition of purchase. You also consent to receiving emails to any email address(es) you provide. You further understand and agree that these communications may contain your non-public information. You explicitly confirm that this consent covers the use of these contact methods to call or send text messages to the wireless telephone number(s) and to send text or email messages to the email address(es) you provide, for which you may incur a charge. You can control permission for calls or texts by contacting [email protected].
9. No Waiver
The failure by Company 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 Company.
10. Entire Agreement, Modification and Severability
Company reserves the sole right, at its discretion, to change these Terms at any time in its sole discretion. You may not modify, alter or amend this Agreement unless expressly agreed to in writing signed by Company.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms 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.