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Reservation Agreement
It is not necessary to reserve a spot to place an order with us, however, the start date for your project will be determined at the time of the down payment and may extend to twelve months.
No Obligations
Your Reservation acts as a deposit for a future purchase of your CASA-i LLC home. You are under no obligation to purchase a home from us, and we are under no obligation to supply you with a home.
These terms do not constitute an agreement for the sale of a CASA-i home and do not lock in pricing, a set production slot, a firm delivery date nor a specific home configuration. To complete the purchase of a CASA-i home you will need to execute our standard Purchase and Sales Agreement, “PSA”, which will include additional terms and conditions, including the final price, layout, and finishes.
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 will be refunded in full.
Eligibility
You must be 21 years of age or older and a resident of Puerto Rico nor the United States to place a reservation. By agreeing to these Terms, you represent and warrant to us that you are at least 21 years of age or older and a resident of Puerto Rico or the United States of America. If you are Preordering a CASA-i home on behalf of a company, organization, or entity (“Entity”) located in Puerto Rico or the United States, you represent and warrant that you have the authority to bind that Entity to these Terms and such Entity agrees to be bound by these Terms.
Payment
You will be charged the “Reservation Fee” when you place your Reservation. Placing a Reservation constitutes your express agreement to be charged the Reservation Fee using your provided payment method. Your payment will be held by CASA-i in a separate account designated solely for Reservations and released for application towards the final sales price of your home as described in the Purchase and Sales Agreement, “PSA”.
All reservations are subject to a $500.00 processing fee. If you decide to cancel within 4 months after placing your reservation, you will be refunded the full amount minus a $500.00 processing fee. The reservation fee is not refundable after one hundred and twenty (120) calendar days. Please contact us at customerservice@casa-i.com to request a refund.
Delivery Date Not Guaranteed with Reservation
You are reserving a spot in our production line without specifying the options, finishes, and full and final layout. We will produce your CASA-i Home as defined in our “PSA” and your place in the pipeline will be determined at the time of the down payment, and in the order established by the terms above. There is no guaranteed delivery date based on your Reservation.
Privacy Policy and Terms of Use
The date CASA-i receives will not be shared with our suppliers and will be used in accordance with our Privacy Policy and General Terms, each of which is incorporated herein by reference and available on our website at www.casa-i.com/privacy-policy.
Force Majeure
The obligations of you and CASA-i under this Agreement (apart from your payment obligations) will be suspended to the extent that such party is wholly and partially precluded from complying with its obligations under this Agreement 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, loss of life, quarantine restriction, labor dispute, labor sabotage, transportation embargo or failure, curtailment or delay in transportation, Act of God, other acts (including laws, regulations, orders, advisories, disapprovals or failure to approve) of any government or public health agency or authority, whether national, statewide, municipal, or otherwise, or any other event or circumstance beyond such party's control.
Severability
If for any reason a 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.
Modification
This Agreement may not be modified, altered or amended unless expressly agreed to in writing signed by CASA-i.
No Waivers
The failure by CASA-i to enforce any right or provision of these Terms 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 CASA-i.
Assignment
You may not assign your rights under these Terms without our express prior consent. CASA-i may assign these Terms or your Preorder Fee in our discretion without your consent. Any assignment in violation of this Agreement will be null and void.
Limitation of Liability
No Consequential or Indirect Damages. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL CASA-i OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTACT, TORT, OTHERWISE) UPON WHICH THE CLAIM IS BASED.
Maximum Liability. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL CASA-i's OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS, AND PARTNERS AGGREGATE LIABILITY ARSING OT OF RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO CASA-i PURSUANT TO THIS AGREEMENT.
Legal Area
This Agreement, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of Puerto Rico in which CASA-i is licensed to sell modular homes.