Quadrofoil deposit agreement
 

LAST UPDATED 28.10.2016

QUADROFOIL DEPOSIT AGREEMENT


(Applicable only in the countries where there is no Quadrofoil Dealership Representation)

("Depositor”) is entering into this deposit agreement ("Deposit Agreement”) with Quadrofoil for the purchase of a Quadrofoil PRODUCT according to the following terms and conditions. As used herein, "Quadrofoil” refers to Quadrofoil d.o.o., Slovenia. This is a binding agreement. Please read it carefully. Preface This Deposit Agreement outlines the Deposit terms for a Quadrofoil PRODUCT ("Watercraft”). The Deposit terms for purchase of the Watercraft are as follows:


Preface


This Deposit Agreement outlines the Deposit terms for an Quadrofoil PRODUCT ("Watercraft”). The Deposit terms for purchase of the Watercraft are as follows:


Q2 Electric (see Quadrofoil Technical data)


Estimated Price: depends on the model selection – see your quote
Deposit Amount: 35%
Deposit Refundable: Yes, a processing fee may be applied under certain circumstances defined below Transferable: No
Position Numbers for purchase will be allocated on a first-come, first-served basis.

Documentation.


Your Vessel Purchase Agreement (the "Agreement”) consists of the following documents:


1. Vessel Configuration:

The Vessel Configuration describes the Vessel that you have ordered and includes pricing of the
Vessel (excluding taxes and official or governmental fees, or any other costs emerging from the
purchase; if not specifically stated otherwise; EXW-Slovenska Bistrica, Slovenia). The Vessel
Configuration may be updated from time to time, subject to the terms below. If you are purchasing a
Vessel from our inventory, the Vessel Configuration may be in the form of a Monroney window
sticker.



2. Final Price Sheet:

The Final Price Sheet will be provided to you as your delivery date nears. It will include final
pricing based on your final Vessel Configuration (excluding taxes and official or governmental fees, or any other costs emerging from the purchase; if not specifically stated otherwise; EXW Slovenska
Bistrica, Slovenia)



3. Terms & Conditions:

These Terms & Conditions are effective as of the date you place your order and apply to this transaction.


Agreement to Purchase.


You, the Buyer, agree to purchase the Vessel (the "Vessel”) described in your Vessel Configuration
from Quadrofoil d.o.o. ("we,” "us” or "our”), pursuant to the terms and conditions of this
Agreement.







Purchase Price, Taxes and Official Fees.


The purchase price of the Vessel as indicated in your Vessel Configuration or the Monroney window
sticker attached to this Agreement, as applicable, is not subject to change. However, if prior to
pickup of the Vessel you change the options you have selected, we may update your Vessel
Configuration, which may affect the purchase price. Any changes made to your Vessel Configuration
will be reflected in a subsequent updated written Vessel Configuration provided by us, which
configuration will be automatically incorporated herein.

The purchase price of the Vessel indicated on your Vessel Configuration excludes taxes and official
or governmental fees, or any other costs emerging from the purchase; if not stated specifically
otherwise. You will be responsible for paying these additional taxes, fees and costs.

Quadrofoil will not arrange any shipping for your vessel. You are responsible for coordinating pick
up of your vessel from our Quadrofoil factory in Slovenska Bistrica; Slovenia (within one week of
vessel’s readiness)

The sale to other EU countries will be subject to the 0% VAT rate in the Slovenia, provided that
customer will provide Quadrofoil within 30 days after the pickup, with the relevant documents to
support the application of the 0% VAT rate in Slovenia.

The following documents are requested from customer:

1. Signed VAT declaration (to be provided by Quadrofoil upon pickup) as well as
2. Proof of registration of the vessel in the destination country. If the vessel has been
transported by a carrier, a copy of the signed CMR will be required as well

The export sale (Non-EU countries) will be subject to the 0% VAT rate in Slovenia, provided that
customer will provide Quadrofoil d.o.o., within 30 days after pick-up with proof-of-export
documents. The proof-of-export documents consist of:

1. Signed CMR for transport from Slovenia to destination country
2. Copy of import documents into destination country or proof of registration in destination
country.


If the above documents are not provided with the agreed timeframe, Quadrofoil d.o.o. is entitled
(and customer will accept) to an adjusted invoice with the Slovenian VAT amount due on the sale.

Bank and Payment Options
The only currency the Quadrofoil works with at the time of this Agreement is Euro (€), all payments
made as a subject of this Agreement are to be made in the currency as defined by:


• Bank transfer - payment through your bank directly to our account number specified on the
quotation received


Status of Your Deposit: Custom Ordered Vessel.


You will have two weeks from the date you accept this Agreement to make changes to or cancel your
Vessel Configuration. You will receive an e-mail notice as your preordered Vessel Configuration is
ready for production. As you will make the final confirmation of your Vessel configuration, it will
be sent for production At this point, your deposit becomes non-refundable.

Because your Vessel is custom built to order, we incur significant costs in producing your Vessel
once it enters our production system, so if you cancel or default this Agreement, you agree that we
may retain as liquidated damages any cash down payment or deposit made by you, to the extent not
otherwise prohibited by law. You also acknowledge that the deposit amount made by you is a fair and
reasonable estimate of the actual damages that we may incur in processing a change or cancellation
of a final order and for remarketing and reselling the custom configured Vessel. Except for the
"Special Circumstances” described below and as otherwise described in this Agreement, this
Agreement is binding and you may not cancel.





Status of Your Deposit: Inventory Vessel.


This paragraph shall apply if you are purchasing a Vessel from our inventory (i.e., the Vessel has
already been manufactured, as indicated by an existing VIN or an attached Monroney window sticker).
Your deposit amount is non-refundable, so if you cancel or default in this Agreement, you agree
that we may retain as liquidated damages any cash down payment or deposit made by you, to the
extent not otherwise prohibited by law. You also acknowledge that the deposit amount made by you is
a fair and reasonable estimate of the actual damages that we may incur in remarketing and reselling
the Vessel. Except for the "Special Circumstances” described below and as otherwise
described in this Agreement, this Agreement is binding and you may not cancel.




Special Circumstances.


This Agreement is subject to the two "Status of Your Deposit” paragraphs immediately above,
however, if you have indicated in your order that you intend to finance the Vessel, and are not
able to obtain financing despite a bona fide, good faith effort to do so, you may cancel this
contract and
receive a full refund of your deposit amount.





Pick up


We will notify you in advance of the date your Vessel is expected to be ready for pick-up at our
Quadrofoil center, or other location as we may otherwise agree to, and unless we are in breach of
this Agreement, you hereby agree to schedule and make a pickup of your Vessel within one week of
this date. If you are unable to make a pickup within the specified period, please contact us to
request additional time, which we may grant at our sole discretion. If you are unable to make the
pickup within the specified period, including any extension we may grant, you will be in breach of
this Agreement, your deposit will not be refunded pursuant to the "Status of Your Deposit”
paragraphs above, and the Vessel will be made available for sale to other customers.




Warranty.


You will receive the Quadrofoil New Vessel Limited Warranty at or prior to the time of Vessel
delivery. You may also obtain a written copy of such warranty from us upon request.


Limitation of Liability.


We are not liable for any incidental, special or consequential damages arising out of this
Agreement. In the event we are held liable for any such damages, your sole and exclusive remedy
will be limited to reimbursement of your deposit.
 

Privacy Policy

Your privacy is important to us

Privacy Policy

We seek to use reasonable organizational, technical, and administrative measures to protect personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us in accordance with the "How to Contact Us” section below.


Privacy Policy Changes

This policy may be changed from time to time, consistent with the requirements of the Safe Harbor. You can determine when this Policy was last revised by referring to the "LAST UPDATED" legend at the top of this page. Any changes to our Policy will become effective upon our posting of the revised Policy on the Site.


Contact Information

If you have any questions regarding this Safe Harbor Privacy Policy, please contact us by email at info@quadrofoil.com, or please write to the following address: Quadrofoil d.o.o., Partizanska cesta 38, SI-2310 Slovenska Bistrica, Slovenia, Europe


Governing Law Integration; Assignment.

The terms of this Agreement are governed by the laws of Slovenia. Prior agreements, oral statements, negotiations, communications or representations about the Vessel sold under this Agreement are superseded by this Agreement. Terms relating to the purchase not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities; in which case the Agreement comes under the laws of the country of affiliated entity.


Acquisition, processing and utilization of personal data

You can visit our website without submitting any information about yourself. We simply save access data to analyze and improve our offers and do not permit any connection to your person. Personal data is only collected if you voluntarily provide us with it, while placing an order or registering for our newsletter. We use the personal details you’ve shared to complete your order. As a customer, your information is used for contract-completion and our own advertisement purposes. When you separately sign up for our newsletter, your email will be used for our own advertisement purposes until you opt out of the newsletter. You can opt out at any time without charge (not taking into account internet provision costs) by clicking "unsubscribe” at the end of any newsletter.


Right to information

You have the right to gratuitous information (per e-mail) regarding your personal and saved data, as well as the right to correct, inhibit, cancel or revoke any granted permissions. Contact: Quadrofoil d.o.o., Partizanska cesta 38, SI-2310 Slovenska Bistrica, Slovenia, Europe


 

Data Protection

During the ordering process, your personal information is encoded via "Secure Socket Layer” (SSL) and transferred through the Internet. We use a highly secure 128-Bit encoding system (SSL 3.0, RC4) by Geotrust. We use both technical and organizational measures, to secure our website and systems against data loss, destruction, access, manipulation or distribution by unauthorized persons.


Notice about E-mail advertisements

By separate registration for our newsletter, your e-mail address will be used for our own advertising purposes until you unsubscribe from the newsletter. You can unsubscribe at any time by clicking on the "Unsubscribe” link at the end of a newsletter, with no additional charge to the base tariffs of your Internet provider. As a newsletter subscriber, we will regularly send you carefully selected offers on related products from our online shop by e-mail. Your e-mail will not be given to other organizations. You can object to the use of your e-mail address for advertising purposes at any time by a simple unformulated e-mail, without incurring any additional costs to those of your Internet service provider.

* Quadrofoil reserves the right to vary, change, modify or otherwise alter Quadrofoil Deposit Agreement at any time without prior notice in its sole discretion. It is your responsibility to review the latest version of Quadrofoil Deposit Agreement prior to confirming your Vessel configuration (order) by deposit, as that may affect your rights or obligations.