Pre-Order Terms & Conditions
Documentation. Your Pre-Order Agreement (the “Agreement”) is made up of the following documents:
New Home Conﬁguration: The New Home Conﬁguration will be conﬁrmed with you at a later date. It will describe the new home that you conﬁgure, including pricing (excluding taxes and oﬃcial or government fees).
Final Pricing Sheet: The Final Pricing Sheet will be provided to you as your delivery date nears. It will include ﬁnal pricing based on your New Home Conﬁguration and will include taxes and oﬃcial or governmental fees.
Terms & Conditions: These Terms & Conditions are eﬀective as of the date you place your pre-order and make your Pre-Order Payment (the “Pre-Order Date”).
Agreement to Purchase. You agree to pre-order the new home (the “Home”) that you conﬁgured when you made your Pre-Order Payment and by taking delivery, completing the transaction when the Home is ready for delivery from Palari Construction Inc. or its aﬃliate (“Palari”, “we,” “us” or “our”), pursuant to the terms and conditions of this Agreement. Your Home is priced and conﬁgured based on features and options available at the time of order and you can conﬁrm availability with a Palari representative. Options, features or hardware released after you place your order may not be included in or available for your Home.
Pre-Order Price, Taxes and Oﬃcial Fees. The pre-order price of the Home will be conﬁrmed in your New Home Conﬁguration and Final Pricing Sheet. As you may have only conﬁgured part of your Home, any pre-order price provided to you in advance of the Final Pricing Sheet is only being oﬀered to you as an estimate and is subject to change. Any pre-order price listed in the New Home Conﬁguration will not include taxes and oﬃcial or government fees, which could amount to up to 10% or more of the Home pre-order price. Because these taxes and fees are constantly changing and will depend on many factors, they will be calculated closer to the time of delivery and indicated on your Final Pricing Sheet. You are responsible for paying these additional taxes and fees. If you present a check for any payment, we may process the payment as a normal check transaction, or we may use information from your check to make a one-time electronic fund transfer from your account, in which case your bank account will reﬂect this transaction as an Electronic Fund Transfer.
Pre-Order Process; Cancellation; Changes. After you submit your completed pre-order and the options you selected become available in production, we will invite you to complete the conﬁguration of your Home. We will then issue you the New Home Conﬁguration and Final Pricing Sheet based on the base price of the Home and any options included or that you select. Your Pre-Order Payment covers the cost of these activities and other processing costs and is not a deposit for the Home. Until you sign a Purchase Contract with relevant disclosures, you may cancel your pre-order at any time, in which case you will receive a full refund of your Pre-Order Payment. Until your ﬁnal conﬁguration is matched to a Home, you may make changes to your New Home Conﬁguration. If you make changes to the conﬁguration of the Home, you may be subject to potential price increases for any pricing adjustments made since your original Pre-Order Date. Any changes made by you to your New Home Conﬁguration, including changes to the delivery location or estimated delivery date, will be reﬂected in a subsequent New Home Conﬁguration that will form part of this Agreement. When you take delivery of the Home, we will provide a credit to the ﬁnal pre-order price of your Home equivalent to the amount of the Pre-Order Payment you paid. This Pre-Order Payment and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.
Delivery. You understand that we may not have completed the development of the Home or begun manufacturing the Home at the time you entered into this Agreement and so we do not guarantee when your Home will actually be delivered. Your actual delivery date is dependent on many factors, including your Home’s conﬁguration and manufacturing availability. To secure your ﬁnal payment and performance under the terms of this Agreement, we will retain a security interest in the Home and all proceeds therefrom until your obligations have been fulﬁlled.
Agreement to Arbitrate. Please carefully read this provision, which applies to any dispute between you and Palari Construction Inc. and its aﬃliates, (together “Palari”). If you have a concern or dispute, please send a written notice describing it and your desired resolution to email@example.com. If not resolved within 90 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Palari will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our products.
We will pay half of all AAA fees for any arbitration, which will be held in the city or county of your residence. To learn more about the Rules and how to begin an arbitration, you may call any AAA oﬃce or go to www.adr.org.
The arbitrator may only resolve disputes between you and Palari and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing Palari homes. In other words, you and Palari may bring claims against the other only in your or its individual capacity and not as a plaintiﬀ or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated.
If you prefer, you may instead take an individual dispute to small claims court.
You may opt out of arbitration within 30 days after signing this Agreement by sending a letter to: Palari LLC.; 10573 W Pico Blvd #121, Los Angeles, CA 90064, stating your name, Vehicle Identiﬁcation Number, and intent to opt out of the arbitration provision. If you do not opt out, this agreement to arbitrate overrides any diﬀerent arbitration agreement between us, including any arbitration agreement in a lease or ﬁnance contract.
Warranty. You will receive the New Home Limited Warranty at or prior to the time of Home delivery. You may also obtain a written copy of your warranty, which will be available as delivery nears, from us upon request or from our website.
Limitation of Liability. We are not liable for any incidental, special, or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Pre-Order Payment.
No Resellers; Discontinuation; Cancellation. Palari and its aﬃliates sell homes directly to end-consumers, and we may unilaterally cancel any order that we believe has been made with a view toward resale of the Home or that has otherwise been made in bad faith. We may also cancel your pre-order and refund your Pre-Order Payment if we discontinue a product, feature, or option after the time you place your pre-order or if we determine that you are acting in bad faith.
Governing Law; Integration; Assignment. The terms of this Agreement are governed by, and to be interpreted according to, the laws of California. Prior agreements, oral statements, negotiations, communications, or representations about the Home sold under this Agreement are superseded by this Agreement. Terms relating to the pre-order not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our aﬃliated entities.
State Speciﬁc Provisions. You acknowledge that you have read and understand the provisions applicable to you in the State-Speciﬁc Provisions attachment to this Agreement.
This Agreement is entered into and eﬀective as of the date you accept this Agreement, by electronic means or otherwise. By conﬁrming and accepting this Agreement, you agree to the terms and conditions of this Agreement.