Certificate Purchase Terms

DAT Electric Vans, Inc.  | Proteus 2500 Electric Logistics Van Reservation Bundle  

Terms and Conditions

Nature of Agreement: Binding, non-refundable.  

Buyer will be gifted 100 common shares of DAT Electric Vans, Inc. (a Nevada Corporation) and agrees that If this purchase is cancelled or becomes voided for any reason the share gift is VOIDED and REVOKED, and shall be cancelled on the books of the company.

THIS PURCHASE IS NON-REFUNDABLE. This purchase is NOT a downpayment on a van or any other automotive product for DAT Electric Vans or Derek Automotive. The certificate reserves a POSITION of OFFER I.e. you will be offered the opportunity base on the number on your certificate to place and order or make a downpayment for one of our products. The purchase also includes a logo lapel pin, and you will be gifted 100 shares of common stock, as a Thank You for your support, however the gift is conditioned (on being given) on your support which is demonstrated through the purchase of the pin and certificate.

You are under NO OBLIGATION to order a van or other Derek Automotive Technologies, Inc. product. The $1500 certificate will be honored by the company towards the purchase of any of our automotive products and is transferable. You may sell it for more than you paid for the voucher. Shares are gifted to only the first purchaser of the certificate.

This agreement does not constitute an agreement for the sale or purchase of a vehicle and does not lock in pricing or an estimated delivery date, but does assure the owner ordering priority based on the number on the certificate (i.e. you will be offered the opportunity to purchase in the order of the number on the certificate.)

Terms and conditions follow.

1. Reservation

You are agreeing to these terms and conditions (“Terms”) to secure your reservation for a DAT Electric 2500 Proteus electric van, with DAT Electric Vans USA, Inc. or its affiliates (“we”, “us” or “our”). Your Purchase Certificate will be accepted by all Derek Automotive companies toward the purchase of any of our current or future products. You confirm you are at least 18 years of age.

2. Effective Date

A reservation number will be added to your Certificate in the order we receive your certificate purchase. (“Certificate Payment”). Your certificate secures the approximate production and delivery priority of your DAT Electric Vans or other product. We will establish your pre-order sequence position based upon the date of receipt of your Certificate payment. We may decline pre-orders to avoid over-subscription or as we deem appropriate in our sole discretion. If we decline your Certificate purchase we will immediately refund your payment.

3. NO refund of Purchase.

The purchase of the lapel and certificate is NON-Refundable to you should you choose to abandon your order. You are under no obligation to purchase a DAT Electric Vans from us and we reserve the right to cancel your order and refund your Payment. Your purchase constitutes the purchase of the printed $1500 certificate document and a logo lapel pin. All other rights and guarantees attached to the purchase of the certificate are granted by the Derek Automotive Technologies, Inc. separately from the purchase.

4. Purchase Agreement

Your purchase does not constitute an order or agreement for the sale and delivery of a DAT Electric Van to you. Your Certificate purchase is not a deposit towards payment of your DAT Electric Van. We will contact you to inform you of the availability of a DAT Electric Van, in the order and according to the number on your certificate, and you may proceed with an order of a DAT Electric Van as described in Section 5, and Derek Automotive and DAT Electric Vans agrees to credit the holder of the Certificate $1500 towards any future purchase.  Purchasing a Certificate does not guarantee a vehicle price or delivery date.  

GIFTED SHARES: The purchaser shall be gifted a bonus of 100 common shares of stock in DAT Electric Vans, Inc., with the purchase of a Certificate, as a token of appreciation for supporting the company. We want our early supporters to become shareholders.

RIGHT TO USE FOR OTHER PRODUCTS: Derek Automotive Technologies agrees to accept this Purchase Certificate towards its coming SUV or Proteus Van or any other vehicle to be sold by Derek Automotive or any of its subsidiary companies.

5. Order Process

As we approach the date that we can start production of SUVs and Vans, we will notify you and ask you to make your optional selections. Once we receive that information from you, we will prepare a separate agreement (the “Order Agreement”) for your review, indicating the estimated price of your product, taking into account the base price and any options or Upfitting Services that you selected. Production of your product will then be commenced. Final payment of the purchase price and any taxes, title or registration fees, and delivery charges, along with the final purchase agreement will not be due until the product is delivered to you or a Derek Automotive or DAT Electric Vans dealer.

6. Production Priority and Deferrals

The number on your Down-Payment Certificate will be used as an approximate priority for determining when you will be invited to complete your custom vehicle order. We will aim to serve customers based on their Certificate numbers, but we reserve the right to re-sequence reservations based on available delivery locations and vehicle configurations. If you do not enter into an Order Agreement with us within a reasonable period of time, we may extend a purchase invitation to the person with the next numbered Certificate.

7.       Vehicle Specifications 

You understand that development of the DAT Proteus Electric Van has not been completed and production has not begun at the time of your Certificate Purchase / Reservation. You will be provided with an opportunity to review the final specifications prior to entering into an Order Agreement and to configure your DAT Electric Van according to your personal preferences. You acknowledge that the performance of your DAT Electric Vans will depend on the final vehicle specifications, and the model and options you select. By agreeing to these Terms, you represent and warrant that you understand that the Vehicle specifications may change prior to entering into an Order Agreement.

8. Range

EPA Estimated ranges are not currently available, and any ranges provided are based upon our projection of EPA estimated ranges for the production vehicles. The projections are made using an approximation of an EPA test cycle. In reserving a DAT Electric Vans at this time, you expressly acknowledge that you are not relying on any projected estimated ranges made prior to your Certificate Purchase / reservation. EPA estimated ranges are meant to be a general guideline for consumers in comparing vehicles. Your actual range will vary depending upon many factors, including battery age, driving habits, temperatures, fuel type, accessory use, and other factors as will be described in the owner’s manual.

9. Non-Transferability and Cancellation

Your place in line under these Terms is transferable or assignable to another party without our prior written approval. You may sell your Certificate and send a request to put the Certificate in the name of the new owner by emailing us at [email protected]

10. Your Personal Information

We may ask you to provide to us certain personal information to allow us to perform our obligations under these Terms. We will maintain your personal information in accordance with our privacy policy. It is your responsibility to inform us of any changes in your contact information so that we may keep you updated on your vehicle reservation and purchase.

11. Communications

We may contact you from time to time to perform our obligations under these Terms, and keep you informed about the DAT Electric Van production program and you hereby consent to receiving such notices. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent that we may contact you by reasonable means, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system.

With your consent, we may also contact you from time to time to keep you informed about our products and services, exclusive events, client programs and other related activities using the content details you provided to us in the context of your reservation process. You understand that you can change your mind at any time using the contact details available in our privacy policy. Your consent is not a condition of purchase.

12. Limitation on Liability

In no event, subject only to the limits of applicable law, shall our aggregate liability arising out of or related to these Terms, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total amounts paid to us by you pursuant to these Terms. We will not be liable for any consequential, indirect, incidental, special, exemplary, punitive or enhanced damages arising out of, relating to, or in connection with any breach of these terms, regardless of (a) whether such damages were foreseeable, (b) whether or not a proposed defendant 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.

13. Disputes, Arbitration & Class Action Waiver

If either you or we have a dispute, the party raising the dispute will send a written notice of the dispute to the other, along with the requested resolution. You can send your request to us at [email protected] If a dispute is not resolved within 60 days, you and we agree that any dispute or claim between you and us or relating in any way to these Terms will be resolved by binding arbitration, rather than in court, except that either you or we may assert claims in small claims court if the claims qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms just as a court would. Claims arising out of or relating to the validity, application, scope, enforceability, or interpretation of this provision (the “Arbitration Agreement”) shall also be decided by an arbitrator.

Unless otherwise agreed, the arbitration will be conducted by the American Arbitration Association (“AAA”). The arbitration must be conducted in accordance with AAA’s Consumer Arbitration Rules, which are available at http://www.adr.org or by calling the AAA at 800-778-7879. The arbitration process shall include the appointment of a neutral arbitrator. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration. AAA provides a form Demand for Arbitration –Consumer Arbitration Rules at http://www.adr.org or by calling the AAA at 1-800-778-7879. We will reimburse you for the cost of the arbitration unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone or video, based on written submissions, or in person in the county where you live or at another mutually agreed location.

WE EACH AGREE THAT YOU AND WE MAY BRING DISPUTES AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.  

The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any class, collective, consolidated, or representative arbitration proceeding (unless we both agree to change this in writing). We also both agree that you or we may bring suit in court to: 1) enjoin infringement or other misuse of intellectual property rights; 2) file bankruptcy; 3) enforce a security interest in the vehicle by repossession; 4) take legal action in court to enforce the arbitrator’s decision; or 5) request that a court review whether the arbitrator exceeded the authority granted by this Arbitration Agreement. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Any portion of this Arbitration Agreement that is unenforceable shall be severed, and the remaining portions shall be enforced. But if the waiver of class action rights is deemed unenforceable in connection with a claim involving class allegations, the entire Arbitration Agreement shall be unenforceable. If multiple claims or remedies are asserted in one action and one or more of those claims or remedies would not be subject to arbitration, you and we agree that the claims or remedies that would not be subject to arbitration must be stayed until all claims or remedies that are subject to arbitration have been resolved. You and we also agree that if claims or remedies are asserted against multiple parties, some of whom are not required to arbitrate, the claims or remedies subject to arbitration must be severed.

Opt-Out: You may opt-out of the Arbitration Agreement, within 60 days from the date you sign this agreement, by sending an email to [email protected] from the email associated with your reservation with “Arbitration Opt-Out” in the subject line and indicating your request to opt-out of the arbitration provision in the body of the email.

14. Governing Law

These Terms will be governed by the Federal Arbitration Act and federal arbitration law.

THE END

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