Pre-Order Agreement

Greenery™ M Pre-Order Agreement

Terms & Conditions Documentation. Your Greenery M Pre-Order Agreement (the “Agreement”) is made up of the following documents:

  1. Configuration: The configuration of the farm will be confirmed with you at a later date. It will describe the farm that you configure, including pricing (excluding any additional products or services).

  2. Sales Purchase Agreement: The Signed Purchase Agreement (the “SPA”) will be provided to you as your delivery date nears. It will include final pricing based on your configuration.

  3. 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 Greenery M when you made your Pre-Order Payment and by taking delivery, completing the transaction when the Greenery M is ready for delivery from Freight Farms, Inc (“we,” “us,” “our”), pursuant to the terms and conditions of this Agreement. Your Greenery M is priced and configured based on features and options available at the time of order and you can confirm availability with a Freight Farms representative. Options, features or hardware released after you placed your order may not be included in or available for your Greenery M. 

Pre-Order Price, Taxes and Official Fees. The pre-order price of the Greenery M will be confirmed in your configuration and Final Price Sheet. As you may have only configured part of your Greenery M, any pre-order price provided to you in advance of the Final Price Sheet is only being offered to you as an estimate and is subject to change. Any pre-order price listed in the Greenery M Configuration will not include taxes and official or government fees. 

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 Greenery M. We will then issue you the Greenery M Configuration and Sales Purchase Agreement based on the base price of the model 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 Greenery M. Until your Greenery M is delivered to you, you may cancel your pre-order at any time, in which case you will receive a full refund of your Pre-Order Payment. Once your final configuration has been matched to a Greenery M, you may not make changes to your configuration. If you make changes to the configuration of the Greenery M, 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 Greenery M, including changes to the delivery location or estimated delivery date, will be reflected in a subsequent Greenery M Configuration that will form part of this Agreement. When you take delivery of the Greenery M, we will provide a credit to the final pre-order price of your Greenery M 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. We will notify you when we expect your Greenery M to be ready for delivery. You agree to schedule and take delivery of your Greenery M within 30 days of this date. If you are unable to take delivery within the specified period, your Greenery M may be available for sale to other customers.

You may either coordinate delivery with a carrier of your choice, or, Freight Farms will, on your behalf, coordinate the shipment of your Greenery M to your site location. In such a case, you agree that this is a shipment contract under which Freight Farms will coordinate the shipping of the Greenery M to you via a third-party common carrier. You agree that delivery of the Greenery M, including the transfer of title and risk of loss to you, will occur at the time your Greenery M is loaded onto the common carrier’s transport (i.e., FOB shipping point). The carrier will insure your Greenery M while in transit and you will be the beneficiary of any claims for damage to the Greenery M or losses occurring while the Greenery M is in the possession of a common carrier.

You understand that Freight Farms may not have completed the development of the Greenery M or begun manufacturing the Greenery M at the time you entered into this Agreement so we do not guarantee when the Greenery M will actually be delivered. Your actual delivery date is dependent upon many factors, including your Greenery M 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 Greenery M and all proceeds therefrom until your obligations have been fulfilled. 

Privacy Policy; Payment Terms for Services; Fair Use Policy. Freight Farms’ Customer Privacy Policy, Payment Terms for Services and Fair Use Policy are incorporated into this Agreement and can be viewed at www.freightfarms.com/terms-and-conditions-of-sale-2022.

Agreement to Arbitrate. Please carefully read this provision, which applies to any dispute between you and Freight Farms, Incs and its affiliates, (together “Freight Farms”).

If you have a concern or dispute, please send a written notice describing it and your desired resolution to [insert FF email address here].

If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Freight Farms 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.

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 Freight Farms, 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 Freight Farms containers. In other words, you and Freight Farms 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: Freight Farms, Inc. 20 Old Colony Ave Suite 201 Boston, MA 02127, stating your name, Greenery M invoice 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 Freight Farms Limited 1 Year Warranty at or prior to the time of your Greenery M delivery. You may also obtain a written copy of your warranty, which will be available as delivery nears, from us upon request.

Limitation of Liability. We are not liable for incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement for your Pre-Order Payment. 

No Resellers; Discontinuation; Cancellation. Freight Farms and its affiliates sell modular hydroponic container farms directly to end-consumers, and we may unilaterally cancel any order that we believe has been made with a view toward resale of the container farm 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 the State in which we are licensed to sell container farms that is nearest to your address indicated on your Greenery M configuration. Prior agreements, oral statements, negotiations, communications or representations about the Greenery M 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. 

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.