These Reservation Terms (this “Agreement“), between the undersigned (“you“) and Thomas & Darden Inc., a Texas corporation (“T&D“), is for your reservation of a T&D “KUBE” sound system (collectively, a “Unit“). The parties agree as follows:
You hereby agree to the terms of this Agreement and confirm that you wish to reserve a Unit for purchase (the current design of which can be viewed on our website at www.kubesound.com).
The execution of this Agreement and the delivery of a $300.00 USD deposit (the “Reservation Payment“) do not in any way obligate T&D to manufacture the Unit. This Agreement does not constitute an agreement for the sale of a Unit and does not lock in or guarantee design specifications, a production slot, or an estimated delivery date. You are under no obligation to purchase a Unit from T&D, and T&D is under no obligation to supply you with a Unit. If and when T&D notifies you of the availability of the Unit and you wish to proceed with the purchase of a Unit, such sale and purchase will be governed by T&D’s standard terms of sale (“Terms“). T&D may terminate this Agreement (and the reservation evidenced by this Agreement) at any time, for any reason, with or without cause, and with or without notice to you. Upon any such termination, T&D will return your Reservation Payment to you. If you choose to cancel or abandon your reservation, please notify T&D in writing and the T&D will return your Reservation Payment to you within 120 days.
Notwithstanding anything to the contrary in this Agreement, this Agreement is formed and becomes effective when T&D receives your Reservation Payment through T&D’s online payment system. Once your reservation and this Agreement become effective, you will be placed on T&D’s reservation list and may receive communications about Units and T&D.
As a result of your Reservation Payment, you will be entitled to the following: (a) a priority Unit delivery date based upon the date T&D receives your payment; and (b) your Reservation Payment will be credited against the final purchase price for the Unit. No interest will accrue on your Reservation Payment, unless required by law. Subject to the terms of this Agreement, a single Reservation Payment reserves a single Unit.
When your Unit is available for purchase, T&D will notify you. If you wish to proceed and purchase the Unit, you must delivery to T&D the balance of the purchase price for the Unit and any other amounts that are then required to be paid, such as taxes and shipping costs. These procedures may be subject to change by T&D without notice.
The current price per Unit is $2,999 USD. The price is subject to change.
This Agreement (and the reservation evidenced hereby) is not transferable or assignable by you to another person or entity without the prior written consent of T&D.
T&D will establish your reservation sequence position for each Unit you reserve based upon the date of receipt of each Reservation Payment you submit to T&D. T&D may decline reservations to avoid over-subscription or as T&D deems appropriate in its sole discretion. If your reservation is declined, you will be notified and your Reservation Payment will be refunded.
Under no circumstances will T&D or its affiliates, or their representatives, agents, employees, or contractors, be held liable for any indirect, consequential, special, remote, punitive, exemplary loss or damage (or similar losses or damages), 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 of damage of goodwill; (e) damage to name or reputation; or (f) loss or corruption of data, and regardless of whether any or all of these circumstances are considered to be types of recoverable losses or damages, whether in contract, tort (including negligence), or under any statute or law, arising out of T&D’s breach of this Agreement or otherwise related to the relationship between us, even if T&D has been advised of the possibility of occurrences which would or might lead to such loss or damages. If T&D is held liable for any losses or damages related to your reservation, this Agreement or the relationship between us, your sole and exclusive remedy will be limited to reimbursement of your Reservation Payment. Nothing herein is intended or shall be construed to confer upon any third person or entity any rights or remedies under or by reason of this Agreement.
YOU UNDERSTAND THAT T&D MAY NOT HAVE COMPLETED THE DEVELOPMENT OF THE UNIT OR BEGUN MANUFACTURING THE UNIT AT THE TIME OF YOUR RESERVATION. T&D IS NOT REQUIRED TO HOLD YOUR RESERVATION PAYMENT SEPARATELY OR IN AN ESCROW OR TRUST FUND OR PAY ANY INTEREST ON YOUR RESERVATION PAYMENT, EXCEPT TO THE EXTENT REQUIRED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT ANY DESCRIPTION OF THE UNIT PROVIDED TO YOU (INCLUDING THE DEPICTION OF THE UNIT AVAILABLE ON THE WEBSITE) IS PRELIMINARY ONLY AND SUBJECT TO MODIFICATION BY T&D FOR ANY REASON, INCLUDING PRIOR TO AND AFTER YOUR AND T&D’S EXECUTION OF THIS AGREEMENT. DURING THE TERM OF THIS RESERVATION, T&D EXPRESSLY RESERVES THE RIGHT TO MAKE CHANGES TO THE UNIT AND SHALL HAVE NO OBLIGATION TO NOTIFY YOU IN SUCH EVENT. YOU AGREE THAT T&D HAS MADE NO WARRANTY OR REPRESENTATION REGARDING THE UNIT, EXPRESS OR IMPLIED (AND ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR USE, ARE HEREBY EXPRESSLY DISCLAIMED). YOU HAVE NOT RELIED ON ANY WARRANTY OR REPRESENTATION OF T&D IN CONNECTION WITH YOUR DECISION TO RESERVE THE UNIT AND ENTER INTO THIS AGREEMENT.
You understand and agree that this Agreement gives you only a reservation to purchase the Unit in accordance with the Terms, and that this Agreement does not give or convey to you any interest in the Unit or T&D. If any of the terms of this Agreement conflict with any other agreement between you and T&D, the terms that are most favorable to the Company will govern.
This Agreement is governed by the laws of the State of Texas, U.S.A., without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of the state and federal courts in Travis County, Texas, U.S.A. shall govern any dispute or other matter regarding this Agreement.