Vinfast Reservation Agreement
This VinFirst Reservation Agreement (the “Agreement”) is an agreement between you and VinFast Dealer San Francisco #1, LLC (“VinFast” or “we” or “us”) and contains the terms and conditions governing your reservation to place an order (your “Reservation”) for a VinFast vehicle (the “Vehicle”) pursuant to the VinFirst Reservation Program. The Agreement supplements the VinFast Terms of Use and is subject to the VinFast Privacy Policy, incorporated herein by reference. In the event of a conflict between provisions set forth in the Agreement and the VinFast Terms of Use, the provisions in this Agreement shall take precedence.
Please read the Agreement carefully before submitting your Reservation. By submitting your Reservation, you agree to be legally bound by all the terms and conditions of the Agreement.
1. Reservation, Order Placement, and Purchase
a. No Obligation Reservation. Your Reservation and payment of the Reservation Fee (as described below) acts as a reservation for you to place an order for the Vehicle after receiving an invitation to do so from VinFast. You are under no obligation to purchase a Vehicle from us, and we are under no obligation to sell or otherwise supply you with a Vehicle, even if you have submitted a Reservation. This Agreement does not constitute an agreement for the sale of a Vehicle and does not lock in pricing, a firm production slot, a firm delivery date, or specific Vehicle configuration. VinFast may decline Reservations to avoid over-subscription or as we deem appropriate in our sole discretion.
b. Order Placement. As the production date for the Vehicle approaches, we will invite you to place your order and choose from available options for the Vehicle. The Vehicle with your selected options is your “Selected Vehicle”. Production of your Selected Vehicle will commence following the placement of your order, at which time your Reservation Fee will become non-refundable.
c. Vehicle Purchase or Lease. To complete the purchase or lease of your Selected Vehicle, you must execute the VinFast Motor Vehicle Purchase Agreement (“Sales Agreement”) which will include additional terms and conditions, including the final price sheet for your Selected Vehicle. Full payment for your Selected Vehicle, including purchase price, taxes, title or registration fees, delivery charges and other applicable fees and charges, will be required at that time. You must take delivery in a state where VinFast has a showroom or service center.
2. Eligibility and Entity Reservations
You represent and warrant that you are at least 18 years of age and a resident of the United States. If you are making a Reservation for a Vehicle on behalf of a company, organization or entity (an “Entity”), you represent and warrant that the Entity is located in the United States, you have the authority to bind that Entity to the terms and conditions of this Agreement, and such Entity agrees to be bound by these terms and conditions.
3. Reservation Information
You represent and warrant that all information you provide in connection with your Reservation is accurate and complete, and you acknowledge that it is your responsibility to keep this information current. VinFast shall not be liable for inaccurate, incomplete, or outdated information.
4. Reservation Fee
You will be charged a reservation fee of Two Hundred Dollars ($200.00) (the “Reservation Fee”) when you place your Reservation. Placing a Reservation constitutes your express agreement to be charged the Reservation Fee. Your payment will be processed and held in a separate account designated solely for Reservation Fees, and either released for application towards the purchase or lease price of your Selected Vehicle when you execute the Sales Agreement, refunded pursuant to Section 7 below, or forfeited if you place an order and do not sign a Sales Agreement for your Selected Vehicle within three (3) months of being presented with such Sales Agreement by VinFast. We will not pay any interest on Reservation Fees except to the extent required by applicable law.
5. VinFirst NFT and e-Voucher
a. VinFirst NFT. If your complete reservation is processed by us under our global VinFirst campaign, you will become a VinFast pioneer and be granted VinFirst NFT asset(s). These NFT assets will be placed on the blockchain and will be accessible through our VinFirst NFT landing page using your email and e-Voucher code. We may also send news, updates, and future benefits through the NFT platform.
b. VinFirst Reservation Priority. The approximate priority for determining when you will be invited to complete your Selected Vehicle order will be determined based on the date VinFast processes your complete reservation. However, we reserve the right to re-sequence reservations based on available delivery locations and vehicle configurations. If you do not enter into a Sales Agreement with us within a reasonable period of time, we may bypass your Reservation and invite others with lower priority to submit vehicle orders.
c. e-Voucher. Your Reservation will allow you to celebrate your early adoption of the great VinFast brand and entitle you to receive a non-refundable VinFast e-voucher (“e-Voucher”) that you can use toward the purchase price of your Selected Vehicle. e-Vouchers used toward the purchase of a VF 8 Vehicle are valued at $3,000.00 each. e-Vouchers used toward the purchase of a VF 9 Vehicle are valued at $5,000.00 each. Only one e-Voucher is allowed per Vehicle purchase. e-Vouchers expire if not redeemed by midnight PST on December 31, 2023 and are subject to the e-Voucher Terms and Conditions.
d. Disclaimer. VinFast’s use of blockchain technology is not an endorsement or warranty of the technology. VinFast does not advocate any specific blockchain and has no connection with any specific blockchain provider. The security of your blockchain wallet is your responsibility. It is also your responsibility to conduct your own research on blockchain technology and the blockchain you use, and to research the features of any NFTs you may own. VinFast does not provide investment advice. There is substantial risk of loss in NFT trading, and it is up to you to determine your own suitability to trade.
6. No Guarantee of Delivery Date
You are making a reservation to place an order for a Vehicle without specifying the model, features, and options. We will endeavor to produce your Selected Vehicle in the future and your priority will be generally determined by the date of payment of your Reservation Fee, our manufacturing schedule, our delivery and service operations availability, and execution of the Sales Agreement. There is no guarantee as to delivery date.
7. Reservation and e-Voucher Cancellation and Transfer
a. Reservation Cancellation. You may cancel your Reservation and request a full refund of your Reservation Fee at any time prior to placing your Selected Vehicle order. Upon Reservation cancellation, the e-Voucher shall be forfeited and deemed expired. Refunds of the Reservation Fee resulting from such cancellation will become available for distribution after April 5, 2022. VinFast may cancel your Reservation at any time and upon such cancellation will issue a full refund of the Reservation Fee to your address on file.
b. Transfer. Beginning on April 6, 2022, you may transfer your Reservation, e-Voucher and VinFirst NFT together as a “Bundle” by following VinFast’s two-step transfer process as described below. Upon such transfer, the transferee shall acquire all rights in the Reservation, e-Voucher and VinFirst NFT and your rights in such shall cease. No refund will be issued. If the e-Voucher is not transferred or redeemed by midnight PST on December 31, 2023, it will become null and void. e-Vouchers are not subject to refund.
(i) Transfer Step One- VinFast Platform. The Bundle owner must begin the transfer process by contacting VinFast Customer Service with a request to transfer the Bundle, providing proof of ownership (i.e., the transferor’s wallet address), and providing the email address of the transferee. VinFast will then disassociate the Bundle from the transferor account, associate the Bundle with the transferee account, and send confirmation to both the transferor and the transferee.
(ii) Transfer Step Two- NFT Platform. It is the transferor’s responsibility to transfer the Bundle to the transferee on the NFT platform. This exchange is entirely between the transferor and the transferee with no involvement, warranty, or risk assumed by VinFast.
8. Vehicle Configuration Change
You represent and warrant that you understand that the Vehicle configuration may change prior to execution of the Sales Agreement. 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.
9. Cancellation
VinFast may unilaterally cancel any Reservation, or any purchase or lease of a Vehicle if we believe such has been made with the intent to ultimately resell the Vehicle or otherwise has been made in bad faith, or if a Selected Vehicle, product, feature, or option is discontinued after you sign the Sales Agreement.
10. Communications
You consent to being contacted by VinFast now and in the future via telephone, text message, and email at those telephone numbers and email addresses you provide to VinFast. You agree that communications may contain your non-public information and include pre-recorded artificial voice messages and/or automatic telephone dial devices with non-marketing information about your vehicle, such as service reminders and appointments. Your 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.
11. Miscellaneous
a. Severability. If for any reason an arbitrator or 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.
b. Modification. This Agreement may not be modified, altered or amended unless expressly agreed to in writing signed by VinFast.
c. No Waivers. The failure by VinFast to enforce any right or provision of this Agreement 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 VinFast.
d. Assignment. With the exception of your Bundle as described in Section 7 above, you may not transfer or assign your rights under this Agreement without our express prior written consent. VinFast may assign the Agreement and/or your Reservation in our discretion without your consent. Any assignment in violation of this Agreement will be null and void.
