HayesX Cancellation/Refund Policy
HAYESX IS REFERRED TO AS “US” AND THE PERSON OR ENTITY LISTED AS THE BUYER (“YOU” OR THE “BUYER”)
1. Pre-Order and Acceptance.
(a) Offer. You may pre-order HayesX, a commercially available personal electric aerial vehicle that you can own and fly (the “Product”). Each pre-order you submit (“Pre-Order”) constitutes an offer to purchase the Product. Pre-Orders are submitted, and the offer is made, when you have provided all of the information requested as part of the registration process.
(b) Registration Information. When you place a Pre-Order for the Product, you will be required to provide certain information in connection with your purchase, such as your name, delivery address and billing information. You represent and warrant that all such information is complete and accurate, and you will ensure that such information is kept current. HayesX will have no responsibility or liability for inaccurate information or information that later becomes outdated and will have no obligation to make efforts to determine the correct contact or delivery information. You can update your information at any time prior to notice that the Product is ready for delivery by sending an email to contact@hayesx.net.
(c) Acceptance.
Completed Pre-Orders are subject to our acceptance and may be rejected at any time prior to delivery for any reason at our sole discretion. If we reject your offer, we will, as your sole and exclusive remedy and our sole and exclusive obligation, refund the Deposit. You do however have 15 days to cancel the Pre-Order and get a full refund. We will send you an email to the email address provided by you during registration to indicate whether your Pre-Order has been accepted or rejected.
2. Restrictions on Sale; Right of Cancellation.
We reserve the right to: (a) limit the number of pre-order Products sold to a certain number; (b) limit the number of Products sold to any person or entity, and (c) cancel your Pre-Order at any time, even after it has been accepted, and provide you a refund of the Deposit, as defined in Section 3 below. You must be at least 18 years old to offer to purchase a Product. By agreeing to this Agreement, you represent and warrant to us that you are at least 18 years old.
3. Payment
The purchase price for the Product is one hundred forty-six thousand and six hundred U.S. dollars (US $146,600) (“Purchase Price”), excluding taxes and official or government fees, which will be calculated at the time of delivery of the Product. You will be solely responsible for any such taxes and fees. You will be charged a down payment of six hundred U.S. dollars (US $600) for the Product (the “Down Payment”) at the time you place your Pre-Order for the Product. Your placing of the Pre-Order constitutes your express agreement for HayesX to charge your provided payment method at such time. Once the production of the Product is complete, you will be charged 50% of the purchase price. When it is ready for delivery, you will be required to pay the remainder of the Purchase Price and other taxes and fees prior to delivery.
4. Refunds
All refunds will be credited back to the same payment method used to pay the Purchase Price and are exclusive of any processing or postage fees previously paid by you. After 15 days of you placing your Pre-Order, the Pre-Order is final, non-cancelable, and nonrefundable, except as specified in this Agreement and in the FTC Rules (as defined below) incorporated herein by reference.
5. Shipment and Delivery
The Product is pre-sold as it is not ready for delivery. The Product is expected to be ready for delivery two months after the deposit (the “Estimated Delivery Date”). If the Product will not be available for delivery by the Estimated Delivery Date, 16 CFR Part 435 rules (the “FTC Rules”) require HayesX to offer you the choice of either a refund or to wait until a new expected delivery date. See the FTC Rules for full details regarding HayesX’s legal obligations. You understand that HayesX may not have completed the development of the Product or begun manufacturing Product at the time you entered into this Agreement and so we do not guarantee when your Product will actually be delivered. Your actual delivery date is dependent on many factors, including manufacturing availability. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Product and all proceeds therefrom until your obligations have been fulfilled. For an additional fee, HayesX will, on your behalf, coordinate the shipment of your Product to you from our location in Las Vegas. In such a case, you agree that this is a shipment contract under which HayesX will coordinate the shipping of the Product to you via a third-party common carrier. If you elect to have HayesX coordinate the shipment of your Product, you agree that delivery of the Product, including the transfer of title and risk of loss to you, will occur at the time your Product is loaded onto the common carrier’s transport (i.e., FOB shipping point). The carrier will insure your Product while in transit and you will be the beneficiary of any claims for damage to the Product or losses occurring while the Product is in the possession of a common carrier. If you do not elect to have HayesX coordinate the shipment of your Product, you are responsible for arranging delivery of the Product to your desired location from our factory, and you agree that the transfer of title and risk of loss to you will occur at the time the Product is ready at our factory.