Motor Vehicle Purchase Agreement
Terms & Conditions
Documentation. Your Motor Vehicle Purchase Agreem ent (the “Agreem ent”) consists of the following docum ents:
1. Vehicle C onfiguration: The Vehicle C onfiguration describes the vehicle that you have ordered and includes pricing of
the vehicle. The Vehicle C onfiguration m ay be updated from tim e to tim e, subject to the term s below.
2. Final Price Sheet: The Final Price Sheet will be provided to you as your delivery date nears. It will include final pricing
based on your final Vehicle C onfiguration.
3. Term s & C onditions: These Term s & C onditions are effective as of the date you place your order and apply to this
transaction.
Agreement to Purchase. You, the Buyer, agree to purchase the vehicle described in your Vehicle C onfiguration (the “Vehicle”)
from Tesla Motors Netherlands B.V. (“we,” “us” or “our”), pursuant to the term s and conditions of this Agreem ent.
Purchase Price. The purchase price of the Vehicle as indicated in your Vehicle C onfiguration attached to this Agreem ent is not
subject to change. However, if prior to delivery of the Vehicle you change the options you have selected, we m ay update your
Vehicle C onfiguration, which m ay affect the purchase price. Any changes m ade to your Vehicle C onfiguration will be reflected
in a subsequent updated written Vehicle C onfiguration provided by us, which configuration will be autom atically incorporated
herein. The purchase price of the Vehicle indicated on your Vehicle C onfiguration includes applicable VAT.
Status of Your Deposit: Custom Ordered Vehicle. You will have two weeks from the date you accept this Agreem ent to m ake
changes to or cancel your Vehicle C onfiguration. During this two week period, your deposit am ount is fully refundable. After the
two week period, you will receive an e-m ail confirm ation that your Vehicle C onfiguration has been sent for production. At this
point, your deposit becom es non-refundable. You m ay accelerate this process by contacting us and finally confirm ing your
Vehicle C onfiguration for production, at which tim e we will send your Vehicle C onfiguration to production and your deposit will
be com e non-refundable. Because your Vehicle is custom built to order, we incur significant costs in producing your Vehicle
once it enters our production system , so if you cancel or default in this Agreem ent, you agree that we m ay retain as liquidated
dam ages any cash down paym ent or deposit m ade by you, to the extent not otherwise prohibited by law. You also
acknowledge that the deposit am ount m ade by you is a fair and reasonable estim ate of the actual dam ages that we m ay incur
in processing a change or cancellation of a final order and for rem arketing and reselling the custom configured Vehicle. Except
for the “Special Circumstances” described below and as otherwise described in this Agreem ent, this Agreem ent is binding and
you m ay not cancel.
Status of Your Deposit: Inventory Vehicle. This paragraph shall apply if you are purchasing a Vehicle from our inventory (i.e.,
the vehicle has already been m anufactured, as indicated by an existing VIN). Your deposit amount is non-refundable. We
incur significant costs in preparing and coordinating the delivery of your Vehicle, including shipping logistics, so if you cancel or
default in this Agreem ent, you agree that we m ay retain as liquidated dam ages any cash down paym ent or deposit m ade by
you, to the extent not otherwise prohibited by law. You also acknowledge that the deposit am ount m ade by you is a fair and
reasonable estim ate of the actual dam ages that we m ay incur in transporting, rem arketing and reselling the Vehicle. Except for
the “Special Circumstances” described below and as otherwise described in this Agreem ent, this Agreem ent is binding and you
m ay not cancel.
Special Circumstances. This Agreem ent is subject to the two “Status of Your Deposit” paragraphs im m ediately above, however,
if you have indicated in your order that you intend to finance the Vehicle, and are not able to obtain financing from us or
another bank lender despite a bona fide, good faith effort to do so, you m ay cancel this contract and receive a full refund of
your deposit am ount. If this Agreem ent is concluded as a distance contract, you have a right to withdraw from this Agreem ent
within seven working days of delivery of the Vehicle. The cancellation provisions herein do not affect your statutory rights, if any,
with respect to revocation under applicable consum er law and shall not be interpreted as lim iting your statutory rights under
such laws.
Delivery. We will notify you in advance of the date your Vehicle is expected to be ready for delivery at your local Tesla Service
C enter, or other location as we m ay otherwise agree to, and unless we are in breach of this Agreem ent, you hereby agree to
schedule and take delivery of your Vehicle within one week of this date. If you are unable to take delivery within the specified
period, please contact us to request additional tim e, which we m ay grant at our sole discretion. If you are unable to take
delivery within the specified period, including any extension we m ay grant, you will be in breach of this Agreem ent, your
deposit will not be refunded pursuant to the “Status of Your Deposit” paragraphs above, and the Vehicle will be m ade available
for sale to other custom ers. If, on your behalf, we are coordinating the shipping of the Vehicle to you via a third party com m on
carrier, you hereby agree and acknowledge that delivery of the Vehicle, including the transfer of title and risk of loss, will occur
at the tim e your Vehicle is loaded onto the com m on carrier’s transport (i.e., FO B shipping point). The carrier will insure your
Vehicle while in transit and you will be the beneficiary of any claim s for dam age to the vehicle or losses occurring while the
vehicle is in the possession of a com m on carrier. To secure your final paym ent and perform ance under the term s of this
Agreem ent, you give us a security interest in the Vehicle and all proceeds therefrom until your obligations herein have been
fulfilled.
Warranty. You will receive the Tesla Motors New Vehicle Lim ited Warranty at or prior to the tim e of Vehicle delivery. You m ay
also obtain a written copy of such warranty from us upon request or download it from your MyTesla account. Furtherm ore,
warranties under this paragraph shall also include possible warranty claim s based on applicable statutory law
Tesla Motors Limited Registered in England and Wales No. 43840 0 8 Registered Office: Kings Chase, King Street, Maidenhead, SL6 1DP
Motor Vehicle Purchase Agreement - Europe (v. 20131004 en_GB)
Tesla Motors, Inc. ©20 14 Page 2 of 3
Limitation of Liability. Under no circum stances, except to the extent provided for by applicable law, we will not be held liable
for any incidental, special or consequential dam ages arising out of this Agreem ent. In the event we are held liable for any such
dam ages, your sole and exclusive rem edy will be lim ited to reim bursem ent of your deposit. This lim itation of liability clause
shall not apply in cases of willful m isconduct, willful deception or gross negligence on our part or in cases of death or personal
injury.
Vehicle Telematics Subscription. Your car includes an activated subscription service that records and sends diagnostic and
system data to Tesla to ensure that your car is operating properly, to guide future im provem ents and to allow us to locate your
car under certain lim ited circum stances. There is no charge for this service. Access to location data is tightly controlled within
Tesla and a history of such is not stored on our servers. We appreciate that custom er privacy is of param ount im portance
(please refer to our privacy policy regarding vehicle telem atics available at
www.teslam otors.com /about/privacy). By accepting
this Agreem ent, you agree to the term s of our privacy policy. Please feel free to contact us at +1 (877) 798-3752 if you would
like to suspend your subscription to these services.
Governing Law; Integration; Assignment. The term s of this Agreem ent are governed by, and to be interpreted according to,
the laws of the European jurisdiction in which we are physically located for m otor vehicle sales that is nearest to your address
indicated on your Vehicle C onfiguration. Prior agreem ents, oral statem ents, negotiations, com m unications or representations
about the Vehicle sold under this Agreem ent are superseded by this Agreem ent. Term s relating to the purchase not expressly
contained herein are not binding. We m ay assign this Agreem ent at our discretion to one of our affiliated entities.
Region Specific Provisions. You acknowledge that you have read and understand the provisions applicable to you in the
Region Specific Provisions attachm ent to this Agreem ent.
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