Reservation Agreement
Terms & Conditions
Presently, reservations are only available for the delivery and use of the quantum energy generator in The United States of America and or allied nations of The United States of America.
The quantum energy generator is presently in a pre-production stage and estimated to enter production in 2027.
Effective Date. Your Reservation is effective when: 1) you place your reservation, and 2) we receive your Reservation Payment.
Price. The estimated Price of a quantum energy generator, if provided, is only an estimate. We are still working on supply chain costing for production scale manufacturing in an effort to secure cost efficiency that we can pass on to our customers, so we cannot confirm the exact Price just yet.
Additionally, we are still working on pricing models and options (“Price Options”), such as either purchase agreements and power purchase agreements, which may allow a greater amount of prospective customers to incorporate a quantum energy generator into their home or business.
Order Process. While this Reservation secures your approximate priority, it does not constitute the purchase or order of a quantum energy generator. As production capacity nears, we will invite you to choose a Price Option. Depending upon the Price Option you choose, a deposit or credit underwriting may apply. Prior to delivery, you will enter into a final Purchase Agreement (and its terms), including, but not limited to, any applicable taxes, transport and delivery charges, and any other applicable fees. If you proceed with the order, your Reservation Payment and deposit, if applicable, can be applied towards the Price of a quantum energy generator.
Delivery. You understand that the quantum energy generator is still under development at the time you entered into this Agreement, therefore we cannot guarantee when your quantum energy generator will be delivered.
Cancellation. Until you enter into a Purchase Agreement, your Reservation may be cancelled at any time and for any reason, by either you or us, in which case you will receive a full refund of your Reservation Payment. The refund will be returned to the original form of payment. If the original account is no longer open or the funds are returned, ISA will issue the refund via check in the name of the Reservation holder only, mailed to the Reservation holder’s address.
Acknowledgements; Non-Transferable. You understand that we will not hold your Reservation Payment separately or in an escrow account or trust fund or pay any interest on your Reservation Payment. Your Reservation is not transferable or assignable to another party without ISA’s prior written consent.
Privacy Policy; Payment Terms for Services. ISA’s Customer Privacy Policy and Payment Terms are incorporated into this Agreement and can be viewed at: www.isaenergy.com/privacy-and-legal
Limitation of Liability. We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Reservation Payment.
Governing Law. This Agreement is governed by the laws of the State of Delaware without regard to any conflict of laws principals that would require the application of the laws of any other jurisdiction. Terms relating to the quantum energy generator not expressly contained herein are not binding.
Agreement to Arbitrate. Please carefully read this provision, which applies to any dispute between you and ISA Energy, PBC. If you have a concern or dispute, please send a written notice describing it and your describing it and your desired resolution to info@isaindustries.com.
If such dispute is not resolved within sixty (60) days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and ISA 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. The arbitrator shall apply Delaware substantive law, or federal substantive law where state law is preempted. This includes claims arising before this Agreement, such as claims related to statements about our products. You further agree that any disputes related to the arbitrability of your claims will be decided by the court rather than an arbitrator, notwithstanding AAA rules to the contrary.
To initiate the arbitration, you will pay the filing fee directly to the AAA and we will pay all subsequent AAA fees for the arbitration, except you are responsible for your own attorney, expert, and other witness fees and costs unless otherwise provided by law. If you prevail on any claim, we will reimburse you your filing fee. The arbitration will be held in the city or county of your residence. To learn more about 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 ISA, 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 acquiring a quantum energy generator. In other words, you and ISA 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 (any 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 thirty (30) days after signing this Agreement by sending a letter to: ISA Energy, PBC; 2390 E Camelback Road, Suite 130 PMB 1200, Phoenix, Arizona 85016, stating the Reservation name, Reservation date, 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 purchase, finance, or power purchase agreement.