pre-order agreement
Last Modified: January 30, 2025
GRAIN WEEVIL
PREORDER AGREEMENT
This Preorder Agreement (these “Terms” or “Agreement”) governs the placing of a preorder (“Preorder”) with Grain Weevil Corporation (“Grain Weevil,” “we,” or “us”) for a Grain Weevil vaporization system (“[Robot]”). Please read all of these Terms carefully before submitting your Preorder. By submitting your Preorder, you agree to be legally bound by these Terms.
1. No Obligations
Each Preorder you submit for a [Robot] acts as a deposit for a future purchase of a [Robot]. You are under no obligation to purchase a [Robot] from us, and we are under no obligation to supply you with a [Robot].
These Terms do not constitute an agreement for the sale of a [Robot] and do not lock in pricing, a firm production slot, or a firm delivery date. To complete the purchase or lease of a [Robot], you will need to execute Grain Weevil’s standard final Grain Weevil [Robot] Purchase Agreement (“Final Sales Agreement”) which will include additional terms and conditions, including the final price for the [Robot] you ultimately select (“Your Selected [Robot]”). Additional payment for Your Selected [Robot], including taxes and other governmental fees, will be required at that time.
We may decline Preorders to avoid over-subscription or as we deem appropriate in our sole discretion. If your Preorder is declined, you will be notified and your Preorder payment will be refunded.
2. Preorder Eligibility
You must be at least 21 years of age and a resident of the United States to Preorder a [Robot]. By agreeing to these Terms, you represent and warrant to us that you are at least 21 years of age and a resident of the United States. If you are Preordering a [Robot] on behalf of a company, organization or entity (an “Entity”) located in the United States, you represent and warrant that you have the authority to bind that Entity to these Terms and such Entity agrees to be bound by these Terms.
3. Registration
When placing a Preorder for a [Robot], you represent and warrant that all information provided is accurate, and it is your responsibility to keep this information current at any time by emailing sales@grainweevil.com. Grain Weevil shall not be liable for inaccurate or outdated information.
4. Payment
You will be charged the fee indicated (the “Preorder Fee”) when you place your Preorder. Placing a Preorder constitutes your express agreement to be charged the Preorder Fee using your provided payment method. Your payment will be held by Grain Weevil in a separate account designated solely for Preorders and released for application towards the final sales price of Your Selected [Robot] when you execute the Final Sales Agreement.
5. No Guarantee of Delivery Date
You are preordering a [Robot] without specifying the model, features, and options. We will endeavor to produce Your Selected [Robot] in the future and your priority will be set by the date of payment of your Preorder Fee, our manufacturing schedule, our delivery and service operations availability and execution of the Final Sales Agreement. There is no guarantee as to delivery date based on your Preorder.
6. Cancellation; Refund
You may cancel your Preorder and receive a full refund of your Preorder Fee at any time by sending an email to sales@grainweevil.com from the email address you used to make your preorder or an updated address you have added to your Grain Weevil account by contacting sales@grainweevil.com. You should expect to receive your refund within approximately 10-15 business days. Grain Weevil promotional items, if any, received at the time of Preorder are yours to keep even after cancellation. Grain Weevil may cancel your Preorder at any time and will issue a full refund of your Preorder Fee to the address on file.
7. [Robot] Configuration
You understand that we may not have completed the development of the [Robot] or begun manufacturing the [Robot] at the time of your Preorder and specifications are subject to change at any time. You understand available features have not yet been determined and may change, even after features are announced. By agreeing to these Terms, you represent and warrant to us that you understand that the [Robot] configuration may change prior to execution of any Final Sales Agreement.
8. Privacy Policy and Terms of Use
The data Grain Weevil and/or its affiliates collects from you or about Your Selected [Robot] will be used in accordance with our Privacy Policy[KC1] and Terms of Use[KC2] . Please read our Privacy Policy and General Terms carefully to understand the data that we collect and our practices regarding your information and how it will be treated. If you have questions regarding our Privacy Policy or General Terms, you should contact us by email at admin@grainweevil.com.
9. Force Majeure
The obligations of you and Grain Weevil under this Agreement (other than your payment obligations) will be suspended to the extent that such party is wholly or partially precluded from complying with its obligations under this Agreement by force majeure. Force majeure includes, but is not restricted to, fire, storm, flood, earthquake, explosion, accident, act of the public enemy, war, rebellion, insurrection, sabotage, outbreak, epidemic, public health emergency, quarantine restriction, labor dispute, labor shortage, transportation embargo or failure, curtailment or delay in transportation, act of God, act (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 such party’s control.
10. Severability; Modification
If for any reason a court of competent jurisdiction finds any provision, or portion of this Agreement, to be unenforceable, the remainder of this Agreement 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 may not be modified, altered or amended unless expressly agreed to in writing signed by Grain Weevil.
11. No Waivers
The failure by Grain Weevil to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Grain Weevil.
12. Assignment
You may not assign your rights under these Terms without our express prior consent. Grain Weevil may assign these Terms or your Preorder Fee in our discretion without your consent. Any assignment in violation of this Agreement will be null and void.
13. Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL GRAIN WEEVIL OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL GRAIN WEEVIL’S OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO GRAIN WEEVIL PURSUANT TO THIS AGREEMENT.
14. Choice of Law
This Agreement, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of the State of Nebraska, without regard to choice or conflict of law principles.
15. Text Messages, Notifications, and Telephone Calls
By agreeing to this Agreement, you understand that by providing your mobile telephone number(s) now or in the future, you consent to being contacted at those numbers or addresses using prerecorded artificial voice messages and/or automatic telephone dial devices with non-marketing information about your [Robot], such as service reminders and appointments. You understand and agree that by providing your wireless telephone number you are consenting to receive calls or texts at that number. You also consent to receiving emails to any email address(es) you provide. You further understand and agree that these communications may contain your non-public information. You explicitly confirm that this consent covers the use of these contact methods to call or send text messages to the wireless telephone number(s) and to send text or email messages to the email address(es) you provide, for which you may incur a charge. Separately, we may seek your prior express written consent for marketing text messages or telephone calls. For all communications, you can control permission for calls or texts or by contacting admin@grainweevil.com.
16. Entire Agreement
Your Preorder confirmation, this Agreement and our General Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. It shall supersede all prior and contemporaneous representations, warranties, agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. In the event of any conflict between this Agreement, our General Terms and our Privacy Policy, this Agreement shall prevail.
