Thank you for your interest in the Mobility Designed, Inc. (“Mobility” or “we”) M+D Crutch. This document outlines the terms and conditions applicable to the reservation process for the M+D Crutch. As we expect that demand for the M+D Crutch will exceed Mobility’s initial production capacity, we are allowing interested customers to reserve the right to purchase one set of the M+D Crutch (i.e., two crutches) with the submission of a fully-refundable “Reservation Payment” of $100.00. If you would like to purchase two or more sets of the M+D Crutch, you must submit a separate reservation (and associated Reservation Payment) for each set. By making a reservation for the M+D Crutch you are acknowledging and agreeing to the terms and conditions outlined herein.
Orders for the M+D Crutch will generally be accepted and filled on a first-come first-served basis. By submitting a Reservation Payment and appropriate contact information, you are establishing your priority for the right to order the M+D Crutch. We will provide to you occasional updates regarding the production status and availability of the M+D Crutch, but we cannot, however, provide any details regarding estimated delivery dates based upon your specific reservation priority.
Approximately 30 days before your M+D Crutch becomes available, we will contact you and ask you to complete your purchase. Unless you instruct us otherwise, we will apply your Reservation Payment to the full purchase price of the M+D Crutch (including all applicable taxes, fees, and shipping & handling charges). Upon completion of your order, Mobility will provide an expected delivery date of your M+D Crutch. Your purchase of the M+D Crutch will be subject to Mobility’s then-applicable terms and conditions of sale.
If you do not choose to complete a purchase of the M+D Crutch within 15 days after we first contact you, you will forfeit your reservation and we will automatically refund your Reservation Payment. You are solely responsible for updating your reservation contact information with Mobility should it change subsequent to your initial reservation. Mobility reserves the right to cancel or refuse any order for the M+D Crutch for any reason, regardless of prior reservation.
You are entitled to a full refund of your Reservation Payment at any time upon request, or automatically if Mobility determines it will be unable to deliver the M+D Crutch to you. If you request a refund of your Reservation Payment, you will forfeit any reservation and priority to purchase the M+D Crutch. Should you chose to submit a new reservation, your priority will be calculated based upon the reservations in place at that time, not your original priority.
It is extremely important to note that Mobility has no definite timeline for delivery of the M+D Crutch. Your reservation establishes only the priority of your right to order the M+D Crutch relative to other interested customers. It does not constitute either an order or purchase of the M+D Crutch, nor a promise by Mobility to deliver or accept your order for the M+D Crutch within any applicable time frame. Additionally, Mobility reserves the right, in its sole discretion and without notice to you, to deliver the M+D Crutch to customers without reservations or with a lower reservation priority than you in certain extraordinary circumstances. Mobility will not hold your Reservation Payment in escrow, or pay any interest on your Reservation Payment. Your reservation is not transferable or assignable to any other party without the prior written approval of Mobility.
To the extent permitted by applicable law, Mobility is not responsible for any collateral, consequential, indirect, punitive, special, exemplary, or incidental damages arising out of or related to these terms and conditions or your reservation for the M+D Crutch, including but not limited to Mobility’s failure to deliver the M+D Crutch within any applicable or specified timeframe. Mobility reserves the right to change these terms and conditions at any time, and any such change will be communicated to you in writing. These terms and conditions constitute the entire agreement between you and Mobility relating to your reservation of the M+D Crutch, and are governed by Kansas law.