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057 Motors Terms and Conditions

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057 Motors Terms and Conditions

Last updated: June 8, 2022

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Include all definitions from our base Terms and Conditions, except where a conflicting definition is listed below.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Degradation means the difference between the High Voltage Battery Pack’s usable energy capacity now versus the usable energy capacity when it was new (or at some other point in the past), generally caused by normal wear and tear, that is not the result of a component failure.  (Software changes by Tesla are not component failures.)
  • Fast Charging means DC charging of the High Voltage Battery Pack, possibly including Supercharging.
  • High Voltage Battery Pack means the main high voltage traction battery pack of the electric vehicle as a whole unit, not including components not physically within the enclosure of the unit.
  • HV means high-voltage.
  • Service Plan means the 057 Technology Battery Service Plan and their associated terms and conditions.
  • Supercharging/Supercharger mean Tesla’s proprietary DC fast charging network and equipment.
  • VIN means Vehicle Identification Number.
  • You/Your means the individual accessing, purchasing, or using the Service, or the company, or other legal entity on behalf of which such individual is accessing, purchasing, or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of the 057 Motors and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of 057 Motors.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing, purchasing, or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. Your disagreement with these Terms and Conditions do not invalidate the Your obligations under these Terms and Conditions.  Your remedy for any disagreement is your right to cancellation as outlined in the cancellation section of these terms.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

These terms are in addition to our company's general Terms and Conditions. Our general Terms and Conditions form a part of these 057 Motors terms.  If a conflict exists between the general Terms and Conditions and these Terms and Conditions, these terms take precedence.

General Terms and Description

057 Motors is an internal division of 057 Technology LLC which handles the listing of vehicles, mainly electric vehicles, that we have available for sale to the public.  Specifically, 057 Motors promotes the services of 057 Technology through the offering of upgrades and custom configurations to these vehicles.

057 Technology LLC is NOT a licensed motor vehicle dealership in its home state or in any other state or jurisdiction.  However, 057 Technology LLC operates as a licensed North Carolina entity, subject to the jurisdiction of North Carolina.  Per North Carolina general statute § 20-285, 057 Technology is permitted to sell up to five motor vehicles per year without requiring a dealership license, as private party sales.

Vehicles listed for sale on the 057 Technology or 057 Motors websites are owned by either 057 Technology directly, or by the managers of 057 Technology.  The sale of these vehicles is NOT the primary business of 057 Technology, and expected volume of vehicle sales is lower than the statutory limit for requiring a dealership license in the state of North Carolina.  Regardless of the specific ownership of these vehicles, 057 Motors will remain under the statutory limits in aggregate.

As 057 is NOT a licensed dealership, the sales facilitated by 057 are private party sales and subject to applicable laws, taxes, and regulations.  Upgrades and configuration changes are services performed by 057 Technology.  You are responsible for registering and insuring the vehicle in their home state, including paying any applicable taxes as required by law.

Despite not being required for our purposes, 057 Motors, under 057 Technology LLC, is actively pursuing a dealership license with the state of North Carolina to better help our customers when we have vehicles for sale.

Availability, Lead Times, Delays

Vehicle sales are first come first serve. No vehicles are held without their required deposit.

Title work and other aspects of vehicle sales take time.

057 Technology is not responsible for any delays caused by processing of paperwork required for title transfer, extended lead times on components required for desired configurations, or any other delays beyond our control. Any cancellations based on any delays are subject to cancelation fees as outlined in these terms. 057 Technology, at its sole discretion, may waive cancellation fees in the event of an unexpected extended lead time in readying a customer’s vehicle.

057 Technology reserves the right to complete a vehicle with a configuration better than what was ordered. (Example for informational purposes: Customer orders a vehicle with a 75 kWh battery pack, but 057 is allowed to ship the vehicle with an 85 kWh battery pack.)

Deposits, Cancellations, and Refunds

Cancellations and refund terms may be outlined for specific vehicles and add-on services chosen at the time of purchase which may supersede these terms as required.

Deposits are for 50% of the configured cost of the vehicle, due immediately.

Deposits are refundable from the time of payment up until the vehicle is ready for delivery, subject to a 5% cancellation fee. If canceled after the vehicle is ready for delivery, the deposit can be refunded subject to a 25% cancellation fee.

Refunds can be in the form of a refund to your original credit card, a business check, wire transfer, or cash (US Dollars) at 057 Technology’s discretion. In lieu of these methods, refunds can be converted to store credit, at Your sole discretion, towards other products or services offered by 057 Technology (such as a non-covered High Voltage Battery Pack replacement or repair), upon request.  Refunds in any other form may be permitted if agreed upon by both You and 057 Technology.

057 Technology reserves the right to cancel any order at any time for any reason.  If this occurs, a full refund of any applicable deposits or payments will be provided without any cancellation fees.  (Examples for informational purposes only: 057 may need to cancel and refund a purchase if there is a technical issue and multiple customers placed deposits for the same vehicle. 057 may need to cancel and refund a purchase if the desired vehicle is damaged or destroyed prior to completion of configuration and delivery readiness. 057 may need to cancel and refund a purchase if there are unforeseen issues with title work for a vehicle that would prevent a smooth transaction.)

Configurations, Upgrades, Add-Ons

Once an order is placed, the configuration may not be changed.  If a configuration change is requested and is possible, the order may be subject to a reasonable change fee, including any additional costs of the desired configuration vs the original configuration.

All vehicles listed have a base configuration, along with possible changes, add-ons, and upgrades available.

Configuration changes may increase the lead time for the vehicle.


Governing Law

057 Technology, LLC, is a North Carolina Limited Liability Corporation. 057 Technology, LLC is NOT a licensed motor vehicle dealership, and sales of motor vehicles are subject to private party sale regulations.

057 Technology, LLC’s sole business presence is in Catawba County in the State of North Carolina, and all sales and services shall be construed, governed, and enforced by and in accordance with the laws of the State of North Carolina. Each party expressly consents to and agrees that this Service Plan is subject to the sole jurisdiction of the Catawba County Court in North Carolina.

Warranties and Representations


Vehicles sold by 057 Technology LLC are sold
AS-IS with no warranty given or implied unless expressly noted in writing on the invoice for the purchase.

Some vehicles may still be covered under the manufacturer’s warranty, but 057 Technology makes no representations as to the validity or applicability of any remaining manufacturer warranty to any vehicle. 057 may note its belief that a vehicle could still have all or part of its manufacturer warranty remaining, but it is Your responsibility to confirm this.

Some vehicle purchases may include a term of 057 Technology’s High Voltage Battery Service Plan.  That plan is subject to the terms and conditions specific to the service plan.

057 Technology will represent the vehicles available for sale as best possible, however it is up to You to confirm details about the vehicle before purchase.

Taxes and Other Fees

There is no sales tax on motor vehicles in the state of North Carolina. Vehicles sold in North Carolina are subject to a 3% highway use tax.

057 Technology LLC is not a licensed motor vehicle dealership, and can not collect the highway use tax at the time of sale.  You are responsible for paying any title, registration, taxes, or other fees required to transfer title of and/or register vehicles purchased from 057 Technology LLC.

057 Technology LLC is required to collect North Carolina sales tax on products and services provided to customers in North Carolina or for services performed within North Carolina.  Upgrades, addons, reconfigurations, and other products and services beyond the base vehicle are subject to North Carolina sales tax.

Where Service Must Occur

All upgrades, configurations, noted repairs, part replacements, and other options configured at the time of purchase MUST be performed by 057 Technology at an 057 Technology facility with the full vehicle present.

057 Technology is under no obligation whatsoever to facilitate any service that is not to be performed by 057 Technology at an 057 Technology facility.

057 Technology is not responsible for costs or logistics related to transport of a vehicle to or from an 057 Technology facility.

057 Technology will, as it is able to and at its sole discretion, assist You with transport arrangements for a vehicle to or from an 057 Technology facility. Unless otherwise specified, all transport costs are at Your expense.

Other Notes and Provisions

Supercharging/Fast Charging Notes

057 Technology LLC will NOT activate fast charging/supercharging on vehicles where it is not already enabled or has been disabled by Tesla, regardless of the vehicle’s status.

If the vehicle has supercharging enabled at the time of purchase, 057 Technology makes no warranties, representations, or guarantees that the vehicle will be able to fast charge at any point in the future.

We do not agree with Tesla’s policies regarding the disabling of fast charging on salvage title vehicles, but we are not in a position to accept the liability of re-enabling it on vehicles where Tesla has disabled it. You will need to take this up with Tesla directly should it become an issue.

Clean title vehicles where fast charging is enabled should not have any issues with using the Tesla supercharger network.

057 Technology is not affiliated with Tesla, Inc.




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