This Pre-Order Agreement (the "Agreement") is made effective as of the date of acceptance by the customer via the Lytup Power Systems Inc. website.
BETWEEN:
Lytup Power Systems Inc., a corporation registered under the Canada Business Corporations Act, with its registered address at
206 Kipling Ave, Kitchener, Ontario, Canada
(hereinafter referred to as "Lytup"), of the first part;
AND:
The customer, being an individual or corporation who has accepted this Pre-Order Agreement through the Lytup website, completed the payment process, and provided their name for the purpose of this transaction (hereinafter referred to as "the Buyer"), of the second part.
WHEREAS, Lytup engages in the sale of Battery Energy Storage Systems (BESSs) and Battery Modules ("Products");
and WHEREAS, the Buyer agrees to pre-ordering the Products under the terms and conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed as follows:
Pre-Order Acceptance: By accepting the terms of this Agreement through the Lytup website and completing the payment process, the Buyer agrees to pre-order the specified product(s) from Lytup, subject to the terms and conditions contained herein.
Pre-Order Terms and Conditions: The placing of pre-orders ("Pre-Order") with Lytup for the Products is governed by these Pre-Order Terms and Conditions ("Terms"). The Buyer acknowledges having read and understood these Terms and agrees to be legally bound by them upon accepting on the website, submitting the Pre-Order and completing the payment process.
Legally Binding Agreement: The acceptance of these Terms through the Lytup website and the completion of the payment process constitute a legally binding agreement between Lytup and the Buyer for the pre-order of the Products as termed in the above paragraph.
1. PRODUCT DESCRIPTION
Lytup commits to selling, and the Buyer commits to buying, one or more units of the Lytvolt Mini and/or Lytvolt One Battery Energy Storage Systems and/or Lytvolt S7000 Battery Modules. The specific details and specifications for these units are as outlined in the product datasheet, which can be found on the product page of Lytup's website.
2. PRICE AND PAYMENT TERMS
The total purchase price for the pre-ordered Battery Energy Storage System (BESS)or Battery Module, whether the Buyer chooses the Lytvolt One, Lytvolt Mini, or Lytvolt S7000, is set at a fixed rate, inclusive of a special pre-order discount. The Pre-order payment structure is designed as follows:
At the moment of agreement sign off,a mandatory deposit is required. This deposit is calculated at 20% of the Pre-order price for the Lytvolt One (Pre-order price: $6,300) and Lytvolt Mini (Pre-order price: $3,420), and at a rate of 40% for the Lytvolt S7000 (Pre-order price: $1890), specifically:
- Lytvolt One: $1,260
- Lytvolt Mini: $684
- Lytvolt S7000: $756
Upon the readiness of the selected Battery Energy Storage System (BESS) or Battery Module model for dispatch, the Buyer shall be obligated to fulfill the outstanding balance or enter into a hire purchase arrangement, pursuant to the option elected under Clause 6 of this Agreement. Prior notification shall be provided to the Buyer, ensuring ample time is allotted for the arrangement of the final payment or the execution of the agreed-upon payment plan, in accordance with the stipulations set forth in Clause 6 pertaining to the chosen model.
It's important to highlight that the quoted purchase prices are net of taxes and any governmental levies, which shall be fulfilled by the Buyer. Moreover, the ultimate payable amount in the local currency is subject to adjustments that might arise from fluctuations in the local foreign exchange (FX) rate at the time the balance payment is made.
In the event that fluctuations in the foreign exchange (FX) rate result in a significant increase in price, the Buyer, as the customer, has the right to request a refund of the deposit according to Clause 5. Alternatively, the Buyer may choose to continue with the purchase at the new, adjusted price for the selected product model.
3. SUBMITTING A PRE – ORDER
When initiating a Pre-Order for our Products, the Buyer is obligated to furnish specific details, including address and billing information. By engaging in this process, the Buyer affirms and guarantees the accuracy of all provided information, and it is imperative that the Buyer maintains its current status. Lytup bears no responsibility or liability for inaccuracies or outdated information, and is not obliged to undertake efforts to ascertain the correct contact or shipping details. It is within the Buyer’s discretion to update the information at any time before the product delivery by notifying Lytup via email at sales@lytup.co .
4. DELIVERY SCHEDULE
Lytup aims to deliver the Buyer’s pre-ordered Products between 4 to 6 months from order date. However, both parties recognize that this delivery timeline may be adjusted due to unforeseen circumstances beyond Lytup's control. This date serves merely as an estimated time of delivery (ETD) and is subject to modification. Lytup does not guarantee delivery by this estimated date. Should any delays occur, affecting the anticipated delivery or product launch, Lytup will not be liable for any resulting damages. Except as explicitly stated in these terms, Lytup is not committed to offering discounts, refunds, or credits for any delays. Periodic updates regarding the delivery schedule will be provided to the Buyer in writing via the electronic mail provided in the Pre-order form.
4. CANCELLATION POLICY
Both parties have the explicit right to terminate this Pre-order Agreement at any time before Lytup issues a formal notice regarding the delivery of the Lytvolt One,and/or Lytvolt Mini Battery Energy Storage Systems (BESSs) and/or Lytvolt S7000 Battery Modules. In the event of cancellation by either party, Lytup will refund the deposit paid by the Buyer, after subtracting any relevant fees or costs incurred by Lytup up to the date of cancellation.
If the Buyer decides to cancel the order less than two weeks before the confirmed delivery date, a cancellation fee equal to 5% of the total Pre-order amount will be charged. Following such cancellation, the Buyer should expect the refund process to be completed within a maximum of three weeks.
To initiate a cancellation of a Pre-order, the Buyer should contact Lytup by sending an email to sales@lytup.co .
6. PRODUCT PAYMENT OPTIONS AND MODIFICATION CLAUSE
Prior to initiating the Pre-order process, the Buyer is required to specify their chosen payment plan when Products are available for delivery, in alignment with the available options for their respective country, for the Lytvolt Mini and Lytvolt One models.
For the Lytvolt S7000, the remaining balance of the product price must be paid in full prior to delivery in all countries.
1. Nigeria:
- Upfront Payment: The Buyer may opt for a singular, full payment before delivery.
- 6-Month Payment Plan: Alternatively, the Buyer may select an installment hire-purchase plan spanning 6 months.
2. Senegal and Côte d'Ivoire:
- Upfront Payment: The Buyer may choose a full payment prior to delivery.
- Subscription Plans: Alternatively, the Buyer may specify a 12-month or 18-month hire-purchase plan at the time of Pre-order.
Modification to the selected payment plan is permissible up to two weeks prior to the scheduled product delivery by contacting Lytup via sales@lytup.co . Subsequent to this timeframe, the chosen payment plan becomes irrevocable and cannot be amended.
7. WARRANTY AND RETURNS
The warranty for the products specified in Clause 2 will be finalized and ready for review just before the products are dispatched. This warranty will cover a period of battery life of five years. The comprehensive terms and conditions applicable to the warranty will be furnished to the Buyer when the products are delivered.
8. INSTALLATION AND MAINTENANCE
Lytup assumes the responsibility for the installation and delivery of Products to Buyers in Abuja and Lagos. For Buyers outside these areas, a delivery fee, contingent upon location, will apply.
Regarding maintenance, if the need arises due to faults attributable to Lytup within the warranty period, all associated costs will be covered by Lytup in accordance with the warranty terms and conditions. However, in instances where maintenance is required due to poor handling by the Buyer, a maintenance fee will be applicable. The specific fee will be determined based on the extent of damage and in accordance with the terms outlined in the warranty agreement. Any damage occurring after the warranty period has expired will be the sole responsibility of the Buyer, including all associated costs for maintenance or repairs.
9. FORCE MAJEURE
Lytup shall not be held liable for any delay, failure to perform, or inability to deliver the Battery Energy Storage System (BESS) and Battery Module due to circumstances beyond its reasonable control. Such circumstances include, but are not limited to, acts of God, natural disasters, strikes, lockouts, riots, acts of war, government actions, or any other force majeure event.
The obligations of both the Buyer and Lytup under this Agreement, excluding payment obligations, shall be suspended to the extent that either party is wholly or partially impeded from fulfilling its obligations due to force majeure. Force majeure encompasses, but is not restricted to, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, outbreaks, epidemics, public health emergencies, quarantine restrictions, labor disputes, labor shortages, transportation embargoes or failures, curtailment or delay in transportation, acts of God, acts (including laws, regulations, orders, advisories, disapprovals or failure to approve) of any government or public health agency or authority, whether national, statewide, municipal, or otherwise, or any other event or circumstance beyond the control of the affected party.
10. LIABILITY LIMITATION
Under no circumstances will Lytup be held liable for any incidental, special or consequential damages arising out of or related to this Agreement. In the event Lytup is held liable for any damages arising out of or related to this Agreement, the Buyer sole and exclusive remedy will be the full refund of the Buyer purchase price without interest.
11. CUSTOMER INFORMATION
Lytup will use any information that is collected about the Buyer only in accordance with Lytup’s Privacy policy:
https://www.lytup.co/privacy-policy
12. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Buyer resides, being either Nigeria, Senegal, or Ivory Coast. Accordingly, any disputes arising under or in relation to this Agreement shall fall under the exclusive jurisdiction of the competent courts of the Buyer's country of residence, whether it be the Federal Republic of Nigeria, the Republic of Senegal, or the Republic of Ivory Coast.
13. MISCELLANEOUS PROVISIONS
Entire Agreement: This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.
Amendment: Any amendment or modification to this Agreement must be made in writing and signed by both parties.
Lytup reserves the right to change any of the terms for any or no reason. Lytup will provide notice of any material changes via the electronic mail provided in the pre-order form.Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
