Refund policy

This Evotrex Trailer Preorder Agreement ("Agreement") is entered into by and between Evotrex, Inc., a California corporation ("Evotrex," "we," "us," or "our"), and you, the individual or entity identified in the preorder registration process ("You" or "Preorder Holder").
This Agreement governs your preorder ("Preorder") of an Evotrex trailer ("Trailer"). Please read this Agreement carefully. By clicking "Reserve," "Preorder," or "Place Order," and submitting your payment, you agree to be legally bound by this Agreement, our Terms of Service, and our Privacy Policy, which are incorporated herein by reference.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER (SEE SECTION 14 Dispute Resolution and Arbitration). IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

No Obligations and Nature of Preorder

1.1

Not a Sale. You acknowledge and agree that this Preorder is not a purchase agreement, a lease, or a contract for the sale of a Trailer. It serves solely as an expression of your interest and an offer by you to purchase a Trailer in the future. By placing a Preorder, you secure a priority position in our manufacturing or allocation queue, subject to the terms and conditions herein.

1.2

No Guarantee of Allocation. Evotrex declines any obligation to supply you with a Trailer. 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 Deposit will be refunded.

1.3

Final Sales Agreement and Distributor. To complete the purchase of a Trailer, you will be required to execute a separate, legally binding Final Sales Agreement (or "Purchase Agreement") closer to the time of delivery. Please be aware that depending on your location, this Purchase Agreement may be entered into directly with Evotrex or with an authorized Local Distributor responsible for your delivery. The Purchase Agreement will entirely replace and supersede this Agreement. Any features, pricing, configurations or specifications disclosed, displayed or presented during the Preorder phase are for informational purposes only and shall have no binding effect once the Purchase Agreement is executed.

Eligibility and Registration

2.1

Age and Residency. You represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction of residence) and a resident of the United States, Canada and Australia. Preorders from outside the designated service territories may be cancelled at Evotrex’s discretion.

2.2

Residents of Canada and Australia: If you are a resident of Canada or Australia, your Preorder is subject to the specific terms and conditions set forth in Annex A (Canada) or Annex B (Australia) respectively. These Annexes are incorporated herein by reference. In the event of any conflict or inconsistency between the main body of this Agreement and the applicable Annex, the provisions of the Annex shall prevail and control to the extent required by local law.

2.3

Entity Preorders. If you are placing a Preorder on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement. In such cases, "You" refers to that entity.

2.4

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties (such as the Specially Designated Nationals List). You agree not to export, re-export, or transfer the Trailer to any prohibited country or person in violation of applicable U.S. or international export control laws. Evotrex reserves the right to cancel your Preorder immediately if we discover you are in violation of these representations.

2.5

Account Accuracy. You are responsible for keeping your contact information (email, address, and phone number) current in your Evotrex Account. Evotrex shall not be liable for missed notifications regarding your Trailer allocation or delivery due to inaccurate or outdated information.

Preorder Process and Configuration

3.1

Preorder Deposit. To validate your Preorder, you must pay the fee indicated on our website (the "Preorder Deposit"). You acknowledge that the Preorder Deposit:

Is fully refundable at any time prior to your execution of the Purchase Agreement;

Is not a deposit held in trust or escrow;

ay be commingled with Evotrex’s general corporate funds; and

Shall not accrue interest for your benefit, unless required by applicable law.

3.2

3.2 Payment Processing. Preorder Deposits are processed by a third-party payment processor (e.g., Escrow, Stripe, Adyen). Evotrex does not directly store your full credit card information. You agree to be bound by the applicable terms and privacy policy of our payment processor.

3.3

Trailer Configuration. Once our online configurator becomes available for your reservation tier, you will be invited to configure your Trailer (selecting options, colors, and trims).

Specifications Subject to Change: You understand that the Trailer is currently in development. Features, specifications, design, and performance metrics (including range and acceleration) displayed on our website are targets only and may change in the final production version.

Grace Period: Consistent with our Terms of Service, you may modify your configuration for a period of [7] calendar days after submission ("Grace Period") by contacting support@evotrex.com prior to your execution of the Purchase Agreement.

Locking: After the Grace Period, your configuration will be locked to facilitate production planning. Any changes requested after this period are subject to Evotrex’s sole discretion and may result in delivery delays or administrative fees.

Priority and Allocation

4.1

Queue Position. We will endeavor to produce Trailers in approximately the order in which Preorders are received. However, your actual priority position will be determined by Evotrex in its sole discretion based on various factors, including manufacturing schedule, delivery region, component availability, and the specific configuration (trim/options) you selected.

4.2

Deferral. If you are offered an opportunity to configure or take delivery of your Trailer and you wish to defer, you may lose your priority position to other customers in the queue.

4.3

Failure to Act. When your reservation reaches the top of the queue, Evotrex will notify you via the email address on file (an "Order Invitation"). You will have [14] calendar days (or such other period specified in the notification) to configure your Trailer and enter into the Final Sales Agreement. If you fail to complete the purchase or explicitly request a deferral within this timeframe, Evotrex reserves the right to skip your reservation, move you to the back of the queue, or cancel your Preorder and refund your Preorder Deposit without further notice.

Pricing, Taxes and Fees

5.1

Estimated Pricing. The price provided at the time of Preorder is an estimate only. The actual purchase price ("Final Price") will be established in the Final Sales Agreement. You acknowledge that the Final Price is subject to change due to factors including, but not limited to, supply chain costs, inflation, or feature availability.

5.2

Taxes and Official Fees. The Estimated Price does not include taxes, title, registration, license fees, destination/delivery charges, or other governmental fees. You are responsible for paying these additional costs at the time of purchase.

Estimated Delivery

6.1

No Guarantee of Delivery Date. Any delivery date provided is an estimate only and is not a guarantee. Actual delivery timing depends on global supply chain conditions, regulatory approvals, and manufacturing ramp-up.

6.2

Delay Notification and Refund Rights. If we are unable to ship your Trailer by the estimated shipment date, we will notify you of the delay.

6.3

30-Day Rule: Notwithstanding anything to the contrary, if a delay exceeds 30 days from the original estimated shipment date and you do not consent to the delay, you have the right to cancel your Preorder and receive a prompt, full refund of your Preorder Deposit.

Cancellation and Refunds

7.1

Cancellation by You. You may cancel this Preorder at any time prior to entering into the Purchase Agreement by submitting a cancellation request via your Evotrex Account or by emailing support@evotrex.com. Your Preorder Deposit will be refunded to your original payment method. We will process refunds generally within [10] business days, depending on your bank's processing times.

7.2

Cancellation by Evotrex. Evotrex reserves the right to cancel your Preorder at any time, for any reason, including but not limited to:

Discontinuation of the specific Trailer model or options;

Your breach of this Agreement, the Terms of Service, or any other binding agreement;

Identification of the Preorder as a resale attempt (see Section 8 No Resellers and Non-Transferability); or

Force Majeure Events (see Section 15 Miscellaneous). In such events, we will issue a full refund of your Preorder Deposit.

No Resellers and Non-Transferability

8.1

Personal Use Only. Evotrex sells directly to end-users. You represent and warrant that this Preorder is for your personal use or your business's internal use, and not for the purpose of resale, rental, brokerage, or speculative investment.

8.2

Business Purpose: If you intend to use the product for commercial resale or distribution ("Business Purpose"), you must designate this when signing the Purchase Agreement. Please note that products purchased for Business Purpose are subject to different terms, conditions, and warranty coverage.

8.3

Cancellation for Bad Faith. We reserve the right to unilaterally cancel any Preorder that we believe, in our sole discretion, has been made with the intent to resell the Trailer or the reservation spot for profit, or has otherwise been made in bad faith.

8.4

Non-Transferability. Your Preorder and your rights under this Agreement are non-transferable and non-assignable. You may not sell, transfer, or assign your queue position to any third party without Evotrex's prior written consent. Any attempted assignment in violation of this section shall be null and void.

8.5

Enforcement. Evotrex reserves the right to cancel your Preorder and permanently disqualify you from purchasing future Evotrex Trailers if we determine you have attempted to broker, resell, or transfer your reservation for profit.

Privacy and Data Protection

9.1

Separate Privacy Policy. Your use of the Trailer is subject to our separate Privacy Policy, which details how we collect, use, store, share, transfer and protect your personal information.

9.2

Conflict Resolution: In the event of any inconsistency or conflict between the Terms and the Privacy Policy, the provisions of the Privacy Policy shall prevail and control.

9.3

Jurisdictional Compliance. Our Privacy Policy is designed to comply with applicable data protection laws in the jurisdictions where we operate. Specifically, it addresses your rights and our obligations under:

United States: The California Consumer Privacy Act (CCPA) (as amended by the California Privacy Rights Act or "CPRA"), the Colorado Privacy Act (CPA), and other applicable federal and state privacy laws, ensuring rights such as data portability, opt-out of sale/sharing, and correction for residents of these states; and

Canada and Australia : Compliance with the Australian Privacy Act 1988 and Canada's PIPEDA is addressed in Annex A and Annex B respectively.

9.4

Acceptance. By accessing or using the Services, you acknowledge that you have reviewed the Privacy Policy and agree to the data practices described therein. You understand that your data may be processed in countries (including the United States) that may have different data protection standards than your country of residence.

10.

Indemnification

10.1

Indemnification and Indemnified Parties. You agree to defend, indemnify, and hold harmless Evotrex, Inc., its parent company, affiliates, subsidiaries, and their respective officers, directors, employees, agents, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and court costs) arising from or related to:

Your Breach: Your violation of any term of this Agreement, specifically including but not limited to the representations and warranties regarding "No Resellers" and "Non-Transferability" set forth in Section 8 No Resellers and Non-Transferability;

Legal Violations: Your violation of any applicable law, rule, or regulation (including but not limited to export control laws or financial regulations);

Third-Party Rights: Your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; or

Misuse: Your misuse of the Evotrex website, the Preorder process, or any fraudulent activity associated with your payment method.

10.2

Defense Control: Evotrex reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Evotrex. Evotrex will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

11.

Disclaimer of Warranties

11.1

Services Provided "As Is". TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE PREORDER SERVICES (INCLUDING THE WEBSITE CONFIGURATOR, ACCOUNT DASHBOARD, AND PAYMENT PROCESSING) ARE PROVIDED TO YOU "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND.

11.2

Hardware Warranty Exception. THE DISCLAIMERS IN THIS SECTION 11 APPLY TO YOUR USE OF THE PREORDER SERVICES AND RELATED DIGITAL TOOLS. WARRANTIES REGARDING THE TRAILER ITSELF ARE GOVERNED EXCLUSIVELY BY THE SEPARATE LIMITED WARRANTY OR THE FINAL SALES AGREEMENT TO BE EXECUTED PRIOR TO DELIVERY. NOTHING IN THIS AGREEMENT INTENDS TO DISCLAIM OR LIMIT ANY WARRANTIES EXPRESSLY GRANTED IN SUCH SEPARATE AGREEMENTS.

11.3

No Guarantee of Performance or Results. EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY OR FINAL SALES AGREEMENT, EVOTREX PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PREORDER SERVICES OR THE TRAILER SPECIFICATIONS WILL:

MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS (INCLUDING SPECIFIC DELIVERY DATES);

BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR TOWING VEHICLES;

OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE; OR

THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

11.4

Security. EVOTREX DOES NOT WARRANT THAT THE PREORDER SERVICES, THEIR SERVERS, OR EMAILS SENT FROM EVOTREX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE ONLINE PREORDER SYSTEM.

12.

Limitation of Liability

12.1

Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVOTREX (AND OUR AFFILIATES, OFFICERS, AND PARTNERS) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF WE KNEW SUCH DAMAGES WERE POSSIBLE.

12.2

Monetary Cap on Liability. EXCEPT AS PROVIDED IN SECTION 12.3, OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF:

THE TOTAL AMOUNT YOU PAID TO EVOTREX FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR

ONE THOUSAND U.S. DOLLARS ($1,000.00). (Note: Liability related to defects in physical hardware Products is governed separately by your Purchase Agreement or Limited Warranty, not by this cap.)

12.3

Exceptions (Liability We Do Not Limit). NOTHING IN THESE TERMS EXCLUDES OR LIMITS EVOTREX'S LIABILITY FOR MATTERS THAT CANNOT BE LEGALLY EXCLUDED, INCLUDING:

DEATH OR BODILY INJURY CAUSED BY OUR NEGLIGENCE OR DEFECTIVE PRODUCTS;

FRAUD OR FRAUDULENT MISREPRESENTATION;

GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR

ANY LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAWS.

13.

Governing Law and Venue

13.1

Applicable Law. Subject to any mandatory local law protections set forth in Annex A (for Canada) or Annex B (for Australia), the Agreement is governed by the laws of the State of California, without regard to its conflict of laws principles. The interpretation and enforcement of the arbitration provisions in Section 14 (Dispute Resolution and Arbitration) are governed exclusively by the Federal Arbitration Act (FAA).

13.2

Venue for Litigation. For any dispute not subject to binding arbitration, you and Evotrex agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California. You waive any objection to such jurisdiction or venue.

14.

Dispute Resolution and Arbitration

14.1

Mandatory Binding Arbitration. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Except for the specific exceptions in Section 14.2, you and Evotrex agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the Products (collectively, "Disputes") shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA"). You and Evotrex expressly waive the right to a trial by jury or to participate in a class action lawsuit.

14.2

Exceptions (Court Actions). Either party may bring a lawsuit in court only if the Dispute:

Is brought in small claims court and remains strictly within that court's jurisdictional limits (e.g., $10,000 in California); or

Seeks solely injunctive relief to stop unauthorized use or abuse of the Services or intellectual property infringement.

14.3

Class Action Waiver. You and Evotrex agree that Disputes must be brought on an individual basis only. Neither party may bring a claim as a plaintiff or class member in a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims unless you and Evotrex both agree in writing.

14.4

Arbitration Procedures.

Rules: The arbitration will be governed by the AAA's Consumer Arbitration Rules.

Location: The arbitration may be conducted virtually by telephone or video conference. If an in-person hearing is required, it will be held in the county where you live (or Los Angeles, CA if you reside outside the U.S.).

Costs: Evotrex will pay arbitration fees for claims totaling less than $10,000, unless the arbitrator determines your claim is frivolous as measured by the standards set forth in Federal Rule of Civil Procedure 11(b). For claims above that amount, fees are governed by AAA Rules.

14.5

Mass Arbitration Protocols. To ensure efficient resolution if 100 or more similar claims are filed against Evotrex by the same or coordinated legal counsel ("Mass Filing"), the following special rules apply:

Global Mediation: Prior to the administration of any batches, counsel for the claimants and counsel for Evotrex shall participate in a global mediation session with a mutually selected mediator. The mediation period shall last for 60 days (unless extended by mutual agreement), during which time the statute of limitations and all arbitration filing deadlines shall be tolled.

Batching: Claims will be organized into batches of 100 claims per batch. The AAA will treat each batch as a single case with a single arbitrator and a unified schedule.

Fee Cap: To prevent abuse, you and Evotrex agree to jointly request that the AAA shall charge only one set of filing and administrative fees per batch, rather than per individual claim.

Abeyance: If there are too many claims to process at once, remaining claims will be placed on hold (paused), and the statute of limitations will be suspended until those claims can be assigned to a batch.

Right to Opt-Out. You may opt out of this arbitration agreement within 30 days of the date you submit your Preorder Deposit. To do so, send an email to support@evotrex.com with the subject "Arbitration Opt-Out" and include your account information, full name and address. Opting out does not affect your ability to use the Services.

15.

Miscellaneous

15.1

Entire Agreement. This Agreement, together with the Terms of Service, Privacy Policy, and if applicable, Referral Program Terms, constitutes the entire agreement between you and Evotrex regarding the Preorder. In the event of a conflict between the Agreement and other terms regarding the specifics of the Preorder (such as cancellation rights or refund policy), this Agreement shall prevail.

15.2

Force Majeure (Events Beyond Our Control). Evotrex will not be liable for any delay or failure to perform our obligations (other than your payment obligations) caused by events beyond our reasonable control ("Force Majeure Events"). These include, but are not limited to:

Natural Disasters: Fire, flood, earthquake, or epidemics/pandemics;

Civil Unrest: War, terrorism, riots, or government embargoes;

Supply Chain: Global or regional shortages of critical components (specifically including semiconductors, batteries, and chipsets) or raw materials; and

Tech Failures: Cyberattacks, ransomware, or outages of third-party cloud infrastructure (e.g., AWS, Azure) not within our direct control; and

Change of Law: Any change of law, regulation, or government order that prohibits or materially alters the performance of our Services.

(Note: We will try to resume performance as soon as reasonably possible once the event passes.)

15.3

Electronic Communications (E-Sign). By entering into this Agreement, you consent to receive communications from us electronically (via email or the Evotrex App). You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15.4

Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall remain in full force and effect.

15.5

Assignment. You may not assign or transfer your rights or obligations under these Terms without our written consent. Evotrex may freely assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

15.6

No Waiver. If we fail to enforce a rule today, it does not mean we waive our right to enforce it tomorrow. Any waiver of these Terms must be in writing and signed by Evotrex.

15.7

California Civil Code Waiver. By placing a Preorder, you expressly waive California Civil Code Section 1542 (and any similar laws in other jurisdictions), which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

15.8

Feedback License. If you provide Evotrex with any ideas, suggestions, or feedback regarding the Trailer or Services ("Feedback"), you grant Evotrex a global, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into our products without any obligation or compensation to you.

15.9

Updates to this Agreement. Evotrex reserves the right to modify this Agreement at any time. If we make material changes, we will notify you via email. Your continued maintenance of your Preorder (i.e., not cancelling) after such notice constitutes your acceptance of the modified terms.

16.

If you have any questions about the Agreement, or if you wish to file a complaint, please contact us using the methods below:

Email Support: support@evotrex.com.

Mailing Address: Evotrex, Inc. Attn: Customer Service, 1203 John Reed Ct City of Industry, CA 91745

For additional support resources, FAQs, or to manage your account settings, please visit our website at www.evotrex.com.

APPLICATION

1.1

This Annex A applies exclusively to Preorder Holders who are residents of Canada ("Canadian Consumer").

1.2

This Annex is incorporated into and forms part of the Evotrex Trailer Preorder Agreement ("Agreement").

1.3

In the event of any inconsistency or conflict between the provisions of the main body of the Agreement and this Annex A, the provisions of this Annex A shall prevail and control to the extent required by applicable Canadian federal or provincial law.

LANGUAGE / LANGUE (ESSENTIAL FOR QUEBEC)

2.1

The parties acknowledge that they have required that the Agreement and all related documents be prepared in English only.

2.2

Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais seulement.

STATUTORY WARRANTIES AND CONSUMER PROTECTION

3.1

Compliance with Local Law. The warranty exclusions and limitations of liability set forth in the Agreement apply to the fullest extent permitted by the laws of your jurisdiction of residence.

3.2

Modification. If applicable provincial legislation restricts the exclusion of certain implied warranties or conditions, the Agreement shall be deemed modified solely to the minimum extent necessary to comply with such legislation.

LIMITATION OF LIABILITY (OVERRIDE)

4.1

Applicability. The limitations of liability in Section 12 (Limitation of Liability) of the Agreement shall not apply where prohibited by applicable law.

4.2

Preservation of Rights. Nothing in this Agreement shall operate to exclude or limit any liability that cannot be lawfully excluded or limited under the mandatory laws of your province.

PRIVACY AND DATA PROTECTION (PIPEDA)

5.1

Applicable Law. For Canadian Consumers, the collection, use, and disclosure of personal information are governed by the Personal Information Protection and Electronic Documents Act (PIPEDA) and substantially similar provincial privacy laws where applicable.

5.2

Privacy Officer. If you have questions regarding the handling of your personal information or wish to exercise your rights under Canadian privacy laws, you may contact our Privacy Officer at privacy@evotrex.com.

5.3

Consent to Transfer. You acknowledge and agree that your personal information may be transferred to, processed, and stored in the United States or other jurisdictions. You understand that while your information is in another jurisdiction, it may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.

DISPUTE RESOLUTION AND JURISDICTION

6.1

Local Venue. Notwithstanding Section 13 (Governing Law and Venue) of the Agreement, if you are a resident of a Canadian province that prohibits the choice of a foreign forum or foreign law for consumer contracts, then: (a) The laws of your province of residence and the federal laws of Canada applicable therein shall govern this Agreement; and (b) You may bring a dispute before the courts of your province of residence.

6.2

Arbitration. The mandatory arbitration provisions in Section 14 (Dispute Resolution and Arbitration) shall not apply to you if the consumer protection laws of your province prohibit mandatory arbitration clauses in consumer contracts. In such cases, disputes shall be resolved in the competent courts of your province.

APPLICATION

1.1

This Annex B applies exclusively to Preorder Holders who are residents of Australia ("Australian Consumer").

1.2

This Annex is incorporated into and forms part of the Evotrex Trailer Preorder Agreement ("Agreement").

1.3

In the event of any inconsistency or conflict between the provisions of the main body of the Agreement and this Annex B, the provisions of this Annex B shall prevail and control to the extent required by Australian law.

AUSTRALIAN CONSUMER LAW AND STATUTORY GUARANTEES

2.1

No Exclusion. Nothing in this Agreement (including, without limitation, the exclusions of implied warranties in Section 10 Indemnification and Section 11 Limitation of Liability) excludes, restricts, or modifies any guarantee, right, or remedy that cannot be excluded, restricted, or modified under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("ACL").

2.2

Mandatory Text. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

2.3

Reasonable Care. To the extent that the services provided by Evotrex (including the Preorder process) are subject to the ACL, they come with a guarantee that they will be rendered with due care and skill.

LIMITATION OF LIABILITY (OVERRIDE)

3.1

Statutory Limits. The limitations of liability set forth in Section 12 Limitation of Liability of the Agreement apply to the maximum extent permitted by the Competition and Consumer Act 2010(Cth).

3.2

Modification. Where applicable law prohibits the limitation of liability for certain types of loss, the liability of Evotrex is limited to the resupply of the services or the cost of having the services supplied again, or the repair or replacement of goods, as permitted by section 64A of the ACL.

PRIVACY AND DATA PROTECTION

4.1

Privacy Act. The collection, use, and disclosure of personal information of Australian residents are subject to the Privacy Act 1988 (Cth) and the Australian Privacy Principles ("APPs").

4.2

Cross-Border Disclosure. You acknowledge and agree that your personal information will be transferred to, stored, and processed by Evotrex in the United States. By proceeding with this Preorder, you consent to this cross-border transfer. You acknowledge that while Evotrex takes reasonable steps to protect your data, the United States may have different data protection laws than Australia, and Evotrex will not be accountable under the Privacy Act 1988 (Cth) for any mishandling of the information by US-based recipients in circumstances where the APPs would otherwise apply, except to the extent required by law.

4.3

DISPUTE RESOLUTION AND CLASS ACTIONS

To the extent the choice of venue in the Agreement is unenforceable under Australian law, disputes may be resolved in a competent court in Australia.

GOODS AND SERVICES TAX (GST)

Unless otherwise stated, the Estimated Price and Preorder Deposit do not include Australian Goods and Services Tax ("GST"). GST and other applicable taxes will be calculated and added to the Purchase Agreement at the time of purchase.