VEHICLE RESERVATION AGREEMENT
This Vehicle Reservation Agreement (this “Agreement”) is entered into between you and VinFast Auto Philippines, Corp. (“VinFast”, “we”, “our” or “us”), and sets forth the terms and conditions that apply to your online reservation (“Reservation”) for a VinFast vehicle. For avoidance of doubt, this Agreement is only for the Reservation of a VinFast vehicle, and is not a contract of sale.
BY SUBMITTING A RESERVATION OR CLICKING ON “SUBMIT ORDER”, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS WELL AS THE PRIVACY POLICY OF VINFAST.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY BUT STILL PROCEEDED WITH THE RESERVATION, IT WILL BE DEEMED AS YOUR PERSONAL RESERVATION FOR WHICH YOU SHALL BE HELD RESPONSIBLE FOR.
This Agreement shall be in accordance with the following terms and conditions:
A. LEGAL CAPACITY
This Reservation is open to all individuals at least eighteen (18) years of age or to any legal entity registered under the laws of the Philippines through an authorized representative. You shall not be allowed to assign or transfer your rights and obligations under this Agreement, without prior consent of VinFast, except in case of succession where the legal heirs shall be bound by this Agreement.
B. TRANSACTION LIMITATION
You agree and understand that this Agreement is for the purpose of reservation or pre-ordering of your chosen vehicle. This does not constitute yet a sale or any form of disposition of the vehicle.
C. RESERVATION FEE
The Reservation Fee shall depend on your chosen vehicle and shall be refundable, within sixty (60) days from submission of request for refund to your respective dealer, which received your reservation payment.
Upon actual purchase of the vehicle, the Reservation Fee shall be deducted from the purchase price. It shall not be interest-bearing and may be forfeited in case of breach or violation of the terms and conditions of this Agreement.
D. PAYMENT
The Reservation Fee can be paid through any of the VinFast authorized dealers.
You will be considered to have reserved the vehicle upon VinFast’s receipt of the full amount of the Reservation Fee. You will receive confirmation of your reservation either through the home address, e-mail address, or contact number that you provided. If you do not receive any confirmation after forty-eight (48) hours, please send an email to [email protected].
Payments made on the VinFast website for the Reservation Program will be processed using a third-party payment service provider. You acknowledge and agree that payments for the Reservation Program are solely between you and third-party payment service provider. You authorize the payment service provider to collect, analyze and relay information generated in connection with these payments. Furthermore, these payments are subject to the terms and conditions governing your card and to any agreements between you and your financial institution. You may be required to verify that you are the authorized controller of your payment card in order to complete a payment. So you may need to set up security passcodes, passwords, security questions and similar information (including fingerprint, face recognition or other biometric information) ("Security Details"). As long as the payment processing systems have checked your identity by verifying the Security Details, we will assume that we are dealing with you and that you have agreed to us disclosing information to you and acting on any instruction without getting further confirmation from you. You agree not to give your Security Details to anybody, not to write down your Security Details in a way that they could be understood by anyone else, and to make sure no-one else sees you enter your Security Details when you're making a payment on the website. You must tell us as soon as you can if someone else knows your Security Details (or you think they may do) you see any mistakes or unauthorized payments, or you think someone else has or has tried to use your payment method. We may ask you to change your Security Details for operational or security reasons.
E. PRIORITY
The date when your Reservation was processed by us will be used as an approximate priority number for determining when you will be invited to purchase your chosen vehicle. However, we reserve the right to re-sequence reservations based on available delivery locations, vehicle configurations, and other reasonable considerations.
F. VEHICLE PURCHASE
We will notify you, through any of the contact point you indicated in your reservation, when your chosen vehicle becomes available. If you wish to proceed, you must follow the instructions specified in the notice we provided. Failure to do so may lead to your reservation being cancelled, delayed or suspended.
When You place your Online Reservation, You will have been provided with information about the price of your chosen vehicle. If you add certain optional features to your selected vehicle, the price of such optional features shall be added to the vehicle price.
All prices shown on the Website are Suggested Retail Prices (SRP) only and the final price to be offered to You upon actual purchase may differ depending on several factors such as tax, extraordinary inflation, and other uncontrollable factors.
Any purchase of a vehicle will be subject to your acceptance of the terms and conditions of sale for the vehicle in effect at the time of purchase.
G. CANCELLATION
VinFast reserves the right to cancel the reservation, before the actual purchase of the vehicle. In such case, you will be notified accordingly and refund will be processed within sixty (60) days.
H. LIMITATIONS
Although we have made every effort to display the sizes, specifications and colors of our vehicles and accessories accurately, we cannot guarantee that your device will display the sizes or colors accurately to reflect the actual size or color of the vehicles.
You represent and warrant that you understand that the vehicle configuration may change prior to the purchase of the vehicle. You understand that we may not have completed the development of the Vehicle or begun manufacturing the vehicle at the time of your reservation. Specifications, including but not limited to battery range and other available features, have not yet been finalized and are subject to change at any time, even after features are announced, at our sole discretion.
Vehicle pricing indicated at the time of reservation represents current expected price for the vehicle and we reserve the right to increase or decrease pricing or impose additional fees at any time in our sole discretion.
You further acknowledge and agree to the following:
· Your submission and our acceptance of a reservation does not constitute a guarantee for the actual purchase of the vehicle;
· Any statements provided by us regarding the expected production, release or delivery date for a vehicle are purely informational in nature and are not guarantees;
I. DATA PRIVACY
VinFast will collect your Personal Information for the purpose of completing your reservation and for purchase of the vehicle. Such information may be shared to third parties, in accordance with this purpose. For more information on how we process your Personal Information, please refer to our Privacy[SQ1] Policy. Your acceptance of the terms and conditions of this Agreement shall also constitute your acceptance of our Privacy Policy.
J. FORCE MAJEURE
The obligations of either party under these terms and conditions (other than your payment obligations) will be suspended to the extent that such party is wholly or partially precluded from complying with its obligations herein 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 or supply 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, regional, local, or otherwise, or any other event or circumstance beyond the affected party's control.
K. WAIVERS AND INDEMNITY
You agree to indemnify, defend, and hold harmless VinFast, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to this Agreement, including but without limitation in relation to your violation or alleged violation of this Agreement. VinFast reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify VinFast and you agree to cooperate with VinFast’s defense of these Claims. You agree not to settle any matter without the prior written consent of VinFast. VinFast will use reasonable efforts to notify you of any such Claims upon becoming aware of it.
YOU AGREE THAT, UNDER NO LEGAL CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL VINFAST OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, ARISING FROM OR RELATING TO THIS AGREEMENT. VINFAST’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO THE RESERVATION AMOUNT YOU PAID TO VINFAST. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.
L. SEVERABILITY
If, for any reason, a government authority or court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder hereof 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.
M. MODIFICATION
VinFast may change these terms and conditions at any time by providing notice on the website and by emailing you directly, if you have made a reservation. If you do not agree with any changes to this Agreement, you may cancel contact your respective dealer.
N. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the Philippines. In the event of any dispute arising out of or in connection with the terms and conditions herein provided, the parties will attempt in good faith to resolve such dispute through negotiations between them. Where the parties are unable to resolve a dispute by means of negotiation, the parties shall submit the dispute exclusively to the courts of Taguig City.
Link to privacy policy page.