This Reservation Agreement between the person or entity identified below as you and Sun To Water Technologies, LLC, identified below as we or us, is for your reservation of a Sun To Water unit. By entering into this Sun To Water unit Reservation Agreement you hereby confirm that you wish to reserve a Sun To Water unit with us.  You acknowledge your understanding that the Sun To Water unit will not be available for sale and delivery until all testing is successfully completed and the test results have been certified by regulatory bodies.

  1. Nature of Agreement; Non-Binding Reservation Payment: The Reservation Payment of $500 for a residential unit locks in a $500 discount to the per unit purchase price and is fully refundable by us to you at any time, less whatever banking fees might apply (for example, if you choose to cancel or abandon your reservation). The reservation payment for a commercial unit will lock in the mutually agreed upon discount to the purchase price and is refundable in accordance with the Commercial Reservation Agreement. This Agreement does not constitute an offer for sale or an agreement for the sale of a Sun To Water unit and does not lock in pricing, a production slot, or an estimated delivery date. You are under no obligation to purchase a Sun To Water unit from us, and we are under no obligation to supply you with a Sun To Water unit.  In addition, the design and specifications of the product are subject to change after testing.  If and when we notify you of the availability of a Sun To Water unit and inform you of its approved specifications, and you wish to proceed with the purchase of a Sun To Water unit, such sale and purchase will be governed by a separate and legally binding Sale and Purchase Agreement between you and us.
  2. Effective Date; Reservation Process: This Agreement is formed and becomes effective when we receive both your: (1) executed Agreement and (2) Reservation Payment in the amount and form stated in the Payment Instructions provided to you in connection with this Agreement. You may execute this Agreement by either: (i) hand-delivering or sending a signed Agreement to us by facsimile, email or prepaid post; or (ii) by acknowledging and accepting this Agreement online. You may make your Reservation Payment by the means described in the Payment Instructions. Once this Agreement becomes effective, you will be placed on the Sun To Water unit reservations list and will receive communications about the Sun To Water unit progress.
  3. Order Process: When the start of production nears, we will ask you to confirm your reservation.  We will then send you a Purchase Agreement for your Sun To Water unit providing the purchase price, plus estimates of any applicable taxes, delivery charges, and estimated delivery dates. If you proceed and purchase the Sun To Water unit you must sign and return, or complete online, the Purchase Agreement together with any amounts that are then required to be paid. Production of your Sun To Water unit will then be commenced and your deposit payable under the Purchase Agreement will be held by Sun To Water as a non-refundable deposit (to the extent permitted by applicable law) and applied fully to the purchase price.
  4. Deferral: If you do not wish to enter into a Purchase Agreement at the time that you are contacted by SunToWater, you have the option to relinquish your reservation position and defer to a later position.  If you do not communicate your decision to us within thirty (30) days of notification under paragraph 4, you will automatically be granted such a deferral.
  5. Priority: We will establish your reservation sequence position based upon the date of receipt of your Reservation Payment and agreement to these Reservation Terms. We may decline Reservations to avoid over-subscription or as we deem appropriate in our sole discretion. If your Reservation is declined, you will be notified and your Reservation Payment will be refunded.
  6. Your Details: The personal information that we collect from you will include the information provided in the signature page of this Agreement or online when you complete the reservation process. We will treat all your personal information as confidential (though we reserve the right to disclose this information in the circumstances set out below). We will keep it securely and we will fully comply with our obligations under applicable data protection and privacy laws. You hereby give us your consent to use your personal information and other information which you provide so that we can process your reservation and conduct administration, so that Sun To Water can prepare the order and Purchase Agreement, and we may inform you of any marketing information. You can opt out of receiving marketing information from us at any time and you may contact us for more information. However, we will still use your information to process your reservation.
  7. Limitation of Liability: To the maximum extent permitted by applicable law, we make no warranty of any kind in connection with this Reservation Agreement or its subject matter. You hereby agree that under no circumstances will we be held liable for any indirect or consequential loss or damage, including any and all (a) loss of opportunity (including loss of contract or right to offer or tender); (b) lost opportunity cost; (c) loss of business; (d) reduction or damage to goodwill; (e) damage to name or reputation; (f) loss or corruption of data, and regardless of whether any or all of these circumstances are considered to be direct, indirect or consequential losses or damage, in contract, tort (including negligence), under any statute or law or otherwise arising out of our breach of this Agreement. If we are held liable for any damages related to your reservation or this Agreement, your sole and exclusive remedy will be limited to reimbursement of the Reservation Payment paid to us.
  8. Acknowledgments: You understand that Sun To Water may not have completed the testing and certification of the Sun To Water unit or begun manufacturing the Sun To Water unit at the time of your reservation. You also acknowledge that, if you purchase a Sun To Water unit, it may not be delivered to you until the fall of 2017 or later. We will not pay any interest on Reservation Payments, except to the extent required by law.
  9. Governing Law and Jurisdiction: This Agreement is governed by the laws of the State of Texas without regard to its conflict of laws and provisions. Both parties consent to the exclusive jurisdiction and venue of the state and federal courts of Texas, U.S.A.
  10. Agree to our Terms of Use and Privacy Policy: By agreeing to the Reservation Terms you are also agreeing to the website’s Terms of Use and Privacy Policy, each of which are incorporated into the Reservation Terms.
  11. Agreement: You acknowledge and agree that by clicking on the “I Agree”, “I Accept”, “I’ve read and accept the Reservation Terms” button you are indicating that you have read, understand and agree to be bound by this agreement. If you do not agree to be bound by this agreement, then you have no right to make a reservation payment or place an order. If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, “you” and “your” will refer to that company or other legal entity.