Pre-Order Agreement
Last Revised on April 9, 2025
This Pre-Order Agreement (“Agreement”) governs the placing of a Pre-Order (“Pre-Order”) with Indigo Technologies Inc., 73 Holton Street, Woburn, MA 01801 (“Indigo”) for a vehicle to be manufactured and sold by Indigo (“Indigo vehicle”). Please carefully read this Agreement before submitting your Pre-Order. By submitting your Pre-Order, you agree to be legally bound by all terms of this Agreement.
1. Pre-Order Agreement
By this Agreement, together with your payment of the Pre-Order Fee, you are reserving a future purchase of your selected Indigo vehicle. This Agreement does not obligate you to ever purchase an Indigo vehicle, and it does not obligate Indigo to ever sell you an Indigo vehicle. This Agreement is not a contract for the purchase, lease, or finance of a specific Indigo vehicle that has already been manufactured and given a Vehicle Identification Number, and it does not lock in final pricing, a firm production slot, a firm delivery date, or specific configuration of an Indigo vehicle.
After you submit your Pre-Order and the Indigo vehicle you selected becomes available in production, we will invite you to complete the configuration of your Indigo vehicle on our website. Once you have completed the configuration of your Indigo vehicle, we will provide you with confirmation of your Indigo vehicle configuration, and a detailed break-down of the approximate final price. To purchase the Indigo vehicle you have selected and configured, you will need to execute Indigo’s standard Agreement for Purchase, which will be provided at the time of purchase (“Final Sales Agreement”). Additional payments, including applicable taxes, other governmental fees, and/or shipping or destination charges, will be required as part of your final purchase of an Indigo vehicle and will be reflected in your Final Sales Agreement.
By placing your Pre-Order, and thereby entering into this Agreement, you represent that you are at least 18 years of age and legally competent in the jurisdiction from which you are entering this Agreement to do so. If you are reserving a production slot for an Indigo vehicle on behalf of a legal entity or organization, you further represent that you have actual authority to bind such legal entity or organization to this Agreement. We reserve the right to accept or decline Pre-Orders in our sole discretion.
2. Pre-Order Fee
You will be charged a one-time fee of $100 USD (“Pre-Order Fee”) when you place your Pre-Order for an Indigo vehicle. Placing a Pre-Order, which includes acceptance of this Agreement, constitutes your agreement to be charged the Pre-Order Fee using your provided payment method. The Pre-Order Fee is not a pre-payment or installment on the Indigo vehicle that you may ultimately purchase, nor does the Pre-Order Fee guarantee the allocation of an Indigo vehicle. All vehicle orders require an approved credit application and/or Final Sales Agreement to be completed prior to final delivery of the vehicle. Failure to do so may result in the Pre-Order being canceled and the Pre-Order Fee being refunded.
You may cancel your Pre-Order at any time and receive a full refund of the Pre-Order Fee by sending an email from the email address that you used to make the Pre-Order to ap@indigotech.com. If you ultimately execute a Final Sales Agreement and accept delivery of an Indigo vehicle, we will provide a credit to the final price equivalent to the Pre-Order Fee.
3. Preliminary Price Estimate
Any pricing provided to you in advance of the Final Sales Agreement (“Preliminary Price Estimate”) is only being offered to you as an estimate for illustrative purposes only, does not constitute an advertisement, solicitation, credit application, or offer for direct sale, financing, or leasing, and is subject to change. The Preliminary Price Estimate shown as part of your vehicle configuration might not include documentation fees, applicable taxes, government fees, and/or shipping or destination charges. Because such taxes, fees, and other costs are subject to change and will depend upon differing factors (such as where you choose to register the Indigo vehicle), they will be calculated closer to the time of delivery and will be indicated on the Final Sales Agreement executed between you and Indigo (or an affiliate of Indigo).
The Preliminary Price Estimate does not reflect any changes that you may choose to make to the vehicle configuration. If you make changes to the vehicle configuration, you may be subject to potential price increases for any pricing adjustments made since your original Pre-Order. Any changes made to your vehicle configuration, including any changes in the method of delivery, delivery location, or estimated delivery date, will be reflected in a subsequent vehicle configuration or in the Final Sales Agreement.
You acknowledge that the estimated battery range and other available features, options, and accessories, and the pricing for them, may change before you execute the Final Sales Agreement. This means that your final price as will be reflected on the Final Sales Agreement could be higher than the Preliminary Price Estimate as a result of changes in the base price for the Indigo vehicle or any of its features, options, or accessories, including, without limitation, model change-overs, increased labor or material costs, etc. Moreover, we reserve the right, in our sole discretion, to discontinue vehicle models, related products, features, options, and accessories and such discontinuance may result in changes to the final price as will be reflected on the Final Sales Agreement.
4. Delivery
Your priority for the delivery of an Indigo vehicle will be set, in part, by the date of payment of your Pre-Order Fee. The actual date of delivery will depend upon a variety of factors, including, among other things, your priority, our manufacturing schedule, your execution of the Final Sales Agreement, and the method and location of delivery of the Indigo vehicle. There is no estimated or guaranteed delivery date based on your Pre-Order or this Agreement, nor does the Pre-Order Fee guarantee allocation of an Indigo vehicle. Any estimated delivery time frames provided are estimates only provided for informational purposes, and are subject to change. While Indigo makes every effort to provide accurate estimates, unforeseen circumstances including (but not limited to) production delays, transportation issues, or supply chain disruptions may impact the estimated delivery schedule. As such, you acknowledge and agree that Indigo will not be liable to you for delays in delivery. The method of delivery of the Indigo vehicle will be set out in the Final Sales Agreement.
5. Privacy Policy and Terms of Use
The information you provide with your Pre-Order will be used in accordance with our Privacy Policy and Terms of Use (“Privacy Policy”), each of which is incorporated herein by reference and available on our website indigotech.com/privacy-policy. Please read the Privacy Policy carefully to understand our practices regarding your information and how it will be treated.
6. Limitation of Liability
To the fullest extent permitted by law, you agree that we are not liable for any direct, special, consequential, punitive, indirect, or incidental damages of any kind whatsoever, including lost profits, loss of business or loss of opportunity, regardless of the basis or circumstances of any claim, damage, loss, or expense, whether in contract, tort, or otherwise. Your sole and exclusive remedy under this Agreement for any claims, damages, costs, or expenses arising under, out of, or related in any way to this Agreement and/or your Pre-Order is return of the Pre-Order Fee.
7. No Assignment or Re-Sellers
You may not assign your rights under this Agreement or your Pre-Order without our express, written consent. We reserve the right, in our sole and exclusive discretion, to cancel any Pre-Order that we believe has been made with a view toward resale of any Indigo vehicle or that has otherwise been made in bad faith.
Without limiting the generality of any other section of this Agreement, we reserve the right to limit or refuse any Pre-Order you place with us. Further, we reserve the right to verify the validity of any Pre-Order and/or cancel any Pre-Order if we find evidence of fraud, tampering and/or any other violation of this Agreement. We may, in our sole and absolute discretion, limit or cancel the number of Pre-Orders submitted per person, or per household. These restrictions may include Pre-Orders placed by or under the same credit card, and/or Pre-Orders that use the same billing and/or delivery address.
All Pre-Orders are subject to verification by us at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any Pre-Order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling a Pre-Order in accordance with our interpretation of the terms and conditions of this Agreement.
8. Governing Law
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW this Agreement, and the Pre-Order, together with their formation and subject matter, and any related non-contractual disputes or claims between us, are governed solely by the laws of the state of Massachusetts, United States regardless of any conflict of laws principles. If you opt-out of the dispute resolution process described in Section 9, or otherwise believe that a dispute or claim is not subject to the terms of Section 9, you agree that any dispute or claim between you and Indigo shall be resolved in a state or federal court in the state of Massachusetts, United States. You expressly consent to the jurisdiction of such courts in the state of Massachusetts, United States and waive all objections to personal jurisdiction or as to venue in such courts due to lack of contacts, inconvenient forum, or any other basis.
9. Dispute Resolution
THIS SECTION 9 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. If you have a concern or dispute regarding the Pre-Order or this Agreement, please send written notice describing your dispute and your desired resolution to legal@Indigotech.com. If your dispute is not resolved within 60 days of your email notice, you agree that any claim, controversy, or dispute arising out of or relating in any way to any aspect of the relationship between you and Indigo pursuant to the Pre-Order or this Agreement be resolved not in court by a judge or a jury, but instead only by and through the Better Business Bureau, Auto Line, as a telecom binding arbitration under rules promulgated by the Better Business Bureau. The fees associated with such binding arbitration will be borne equally by you and Indigo. The arbitrator may only resolve disputes between you and Indigo related to, or arising out of, the Pre-Order and this Agreement and may not consolidate claims without the consent of all parties, including Indigo. Within 30 days of the Effective Date, you may opt out of binding arbitration through the Better Business Bureau, Auto Line, by sending a letter to 73 Holton Street, Woburn, MA 01801 stating your name, Pre-Order confirmation number, and intent to opt out of this arbitration provision.
10. Other Legal Action such as Class Action
To the fullest extent permitted by applicable law, no claim under this Agreement or related to the Pre-Order shall be joined to any other claim from other current or former users of our website or otherwise related to Indigo vehicles or any other Pre-Orders. No claim brought under this Agreement shall proceed as a class action. You hereby waive any right to trial by jury in any action or proceeding arising out of or related to this Agreement, the Pre-Order, or any acts or omissions related thereto, whether now existing or hereafter arising or discovered, and whether sounding in contract, tort, or otherwise. You agree that we may file a copy of this Agreement with any court as written evidence of your knowing, voluntary, and bargained-for agreement to irrevocably waive trial by jury and that any action or proceeding whatsoever between us relating to these terms shall instead be resolved pursuant to Section 9.
11. Effective Date
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: This Agreement is effective upon Indigo’s receipt of the Agreement and your payment of the Pre-Order Fee. Indigo receives and accepts the Agreement and payment of the Pre-Order Fee at its offices in Middlesex County, Massachusetts. By submitting the Agreement and paying the Pre-Order Fee, you agree that the Agreement is formed in the state of Massachusetts, United States.
The undersigned have executed this Agreement effective as of the Effective Date.
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