Bivvi Camp (Bivvi Base Camp Cabin) Preorder Agreement - 2024
This Bivvi Camp Preorder Agreement (“Agreement”) provides the Terms and Conditions (“Terms”) of our Base Camp Preorder Process (“Preorder Process”). Please review these Terms carefully. If you object to any of these Terms, do not place a Preorder order.
1. Base Camp Preorder Process.
To reserve the next available production position for a Bivvi Camp (“Bivvi Base Camp Cabin”), first, configure your Bivvi Base Camp Cabin on the Bivvi Camp website at bivvicamp.com. Follow the checkout steps to pay the non-refundable US $1,000 Preorder Deposit (“Preorder Deposit”). By placing a Preorder, you understand that you are not ordering or purchasing a Bivvi Base Camp Cabin. Reserving a Bivvi Base Camp Cabin does not guarantee you a Bivvi Base Camp Cabin delivery. In order to guarantee a Bivvi Base Camp Cabin delivery, you must choose to finalize your order by signing a sales agreement at the time it is provided to you. Your Preorder guarantees (1) the MSRP price for the Bivvi Base Camp Cabin quoted at the time of your Preorder and (2) the next available production position at the time of your Preorder. Unless otherwise indicated, MSRP is the manufacturer suggested retail price and does not include destination/delivery fees or any applicable government fees and taxes.
2. Bivvi Base Camp Cabin Specifications and Configuration.
By agreeing to these Terms, you represent and warrant to us that you understand that Bivvi Camp may change the Bivvi Base Camp Cabin specifications prior to finalizing your order.
3. No Purchase Requirement.
Your Preorder does not require you to complete a Bivvi Base Camp Cabin purchase. If you choose not to enter into a sales agreement with Bivvi Camp, you may cancel your Preorder pursuant to Section 8 below. If you choose to convert your Preorder to a Firm Order, your Firm Order will be subject to the terms of the sales agreement.
4. Our Right to Decline or Cancel Preorder.
Bivvi Camp, at our sole discretion, may decline or cancel your Preorder at any time, for any reason. You will be notified by email if your Preorder is declined, and your Preorder Deposit will be refunded if it has already been processed.
5. Our Right to Modify or Cancel Preorder Process.
Bivvi Camp reserves the right to change, update, improve, correct, modify, suspend, discontinue or cancel all or part of the Preorder Process without any prior notice or obligation to you.
6. Preorder Eligibility.
You must be at least 18 years of age and a resident of the United States or Canada in order to accept these Terms and to make a Preorder. We may cancel your Preorder and refund the Preorder Deposit if we determine that you are ineligible.
7. Your Contact Information.
In order to complete the Preorder Process, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate. It is your responsibility to ensure that such information is kept current. We shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time by contacting Bivvi Camp at (541) 410-0868 or info@bivvicamp.com.
8. Your Right to Preorder Cancellation; Refund; Transfer; Assignment.
You agree that your Preorder Deposit is non-refundable.
9. Force Majeure.
Bivvi Camp will not be liable or responsible to you, or be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of us including, without limitation, acts of God, epidemic, pandemic, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.
10. Entire Agreement, Modification and Severability.
Bivvi Camp reserves the right, at our discretion, to change these Terms at any time. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable. This Agreement represents the entire agreement governing your Preorder.
11. Limitation of Liability.
UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL Bivvi Camp BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES. IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY CLAIMS, DAMAGES, COSTS OR EXPENSES UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS OR YOUR Preorder, OUR LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF YOUR Preorder DEPOSIT.
12. Dispute Resolution; Mediation; Binding Arbitration.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “disputes”) in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, the parties mutually agree to the dispute resolution procedures set forth herein. Prior to any party bringing a claim hereunder, the parties shall use good faith efforts to negotiate a resolution. If, after 15 days, the parties have failed to negotiate a mutually acceptable resolution, then either party may submit the dispute to mediation. Mediation shall commence within 30 days after the date of the written request for mediation. If the parties cannot mutually agree upon a mediator, then the parties shall use the mediation services of the American Arbitration Association. Mediation shall occur exclusively in Sisters, Oregon. The parties must participate in such mediation prior to submitting any dispute to binding arbitration. If the parties fail to settle their disputes in mediation, then either party hereto may submit the dispute to binding arbitration. Each party hereby waives each of their respective rights to have any and all disputes arising from or related to this agreement resolved in a court, and waives each of their respective rights to a jury trial. Instead, the parties agree to resolve our disputes through binding arbitration through the American Arbitration Association. Any arbitration will exclusively occur in Deschutes County, Oregon. This Agreement will be governed by Oregon law, without regard to principles of conflicts of law. If we are the prevailing party in any action brought hereunder, we shall be entitled to receive (in addition to any other awards or judgments) our reasonable attorneys’ and costs from you.