Modern Electron Blackout Proof Furnace
Pre-Order Agreement
Terms & Conditions
The Modern Electron Blackout Proof Furnace is designed for homeowners who want to ensure
comfort and safety of their loved ones and security of their property during the next cold weather
power outage.
Documentation.
Your Modern Electron Blackout Proof Furnace (“Furnace”) Pre-Order Agreement (the “Agreement”) is made up of the following documents:
1. Furnace Configuration: The Furnace Configuration will be confirmed with you at a
later date. It will describe the furnace that you pre-ordered, including the delivery and
installation date.
2. Final Invoice: The Final Invoice will be provided to you as your delivery date nears. It
will include balance due for your Blackout Proof Furnace based on your final Furnace
Configuration, and will include delivery installation, taxes and fees.
3. Terms & Conditions: These Terms & Conditions are effective as of the date you have
executed this Agreement and have submitted your Pre-Order Payment (the “Pre-Order
Date”).
Agreement to Pre-Order.
You agree to pre-order a Modern Electron Blackout Proof Furnace by
making a payment of $800 to Modern Electron (the “Pre-Order Payment”) upon execution of this
Agreement. Modern Electron’s Payment Terms for Services are incorporated into this
Agreement and can be viewed at modernelectron-furnace.com
Price, Taxes and Fees.
The price will be confirmed in the Final Price Sheet. Any pre-order price provided to you in advance of the Final Price Sheet is firm, subject only to state and local taxes and fees. Because taxes and fees are constantly changing and will depend on many factors, such as where you install the Furnace, they will be calculated closer to the time of delivery and will be indicated on your Final Price Sheet. You are responsible for paying these taxes and fees.
Pre-Order Process; Cancellation; Changes.
Your Pre-Order Payment is a deposit that will be applied to your purchase. Until your Furnace is delivered to you, you may cancel your pre-order at any time, in which case you will receive a full refund of your Pre-Order Payment within 60 days of receipt of your cancellation request. You may also change the delivery location and delivery date. Any changes made by you to your delivery location or delivery date may affect the price in the Final Price Sheet. When you take delivery of the Furnace, we will provide a credit to the final pre-order price of your Furnace equivalent to the amount of the Pre-Order Payment.
Except as explicitly described in this Agreement, this Agreement is binding and you may not
cancel. The cancellation provisions herein do not affect and shall not be interpreted as limiting
your right to cancel this Agreement under local law.
Delivery and Installation.
The price of your Furnace includes delivery and installation by a licensed expert. We cannot guarantee the delivery window until Final Invoice has been authorized and paid. The price does not include removal of your old unit, but you can request a quote for this removal service.
We will notify you of when we expect your Furnace to be ready for delivery at the pre-agreed
location. You agree to schedule and take delivery of your Furnace within 30 days of the notified
delivery date. If you are unable to take delivery within the specified period, your Furnace may be
made available for sale to other customers. You understand that we may not have begun
manufacturing your Furnace at the time you entered into this Agreement and so we do not
guarantee when your Furnace will actually be delivered. Your actual delivery date is dependent
on many factors, including your Furnace’s configuration and manufacturing availability. To
secure your final payment and performance under the terms of this Agreement, title to the
Furnace shall remain vested in us until your obligations have been fulfilled.
Limitation of Liability.
We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Pre-Order Payment. This limitation of liability clause shall not
apply in cases of willful misconduct, willful deception or gross negligence on our part.
Warranty.
We provide an unconditional warranty on the Furnace. In addition, if you want to return the Furnace for any reason, we will remove it and refund your payment
Emissions.
The Furnace meets all federal and state emissions requirements.
Data.
Modern Electron owns all data produced by your use of the Furnace. Modern Electron will
use this data to improve our products.
No Resellers; Discontinuation; Cancellation.
Modern Electron sells directly to end-consumers, and we may unilaterally cancel any pre-order that we believe has been made with a view toward resale of the Furnace or that has otherwise been made in bad faith. We may also cancel your pre-order and refund your Pre-Order Payment if we discontinue a product, feature or option after the time you place your pre- order or if we determine that you are acting in bad faith. We reserve the right to recall your Furnace at any time, and to provide you a refund or a comparable replacement Furnace.
Governing Law; Integration; Assignment.
The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State of Delaware. Prior agreements, oral statements, negotiations, communications or representations about the Furnace pre-ordered under this Agreement are superseded by this Agreement. Terms relating to the pre-order not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our
affiliated entities.
This Agreement is entered into and effective as of the date you accept this Agreement, by
electronic means or otherwise. By confirming and accepting this Agreement, you agree to the
terms and conditions of this Agreement.