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Acel Power Inc.
150-13775 Commerce Parkway
Richmond, BC, V6V 2V4
Canada
Last Updated on 2025-02-27. This Reservation Agreement (hereinafter "Reservation Agreement") is effective for all users of the website at http://acelpower.com,and/or any subodomains or variations thereof (hereinafter "Website" either singularly or collectively, as defined hereinafter, and any persons or other legal entities who make a reservation for our electric marine propulsion systems or to purchase or order parts.
The Reservation Agreement describes our terms ("Terms") related to deposits to order our products. It is considered the sole authoritative document and constitutes a legally binding contract when a deposit or reservation is made on any products.
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law. Any disputes arising out of or relating to the Terms of Use, the Privacy Policy and Terms of Use of our website will be resolved in accordance with the laws of the Province of British Columbia, Canada.
X Craft Jet Skis
The Acel products (hereinafter collectively referred to as "Products") are supplied by Acel Power Inc. (doing business as "Acel", "Ace; Power" and/or its affiliates (“we”, “us”, “our”). In the USA and Canada, the Acel products are considered recreational vessels or components thereof and all and any owners must acquire any necessary boating licenses and/or take any training deemed necessary by regulators in their countries.
Reservation
By placing a deposit for one of our products, you are agreeing to these terms and conditions (“Terms”) to secure your reservation (the “Reservation”) which entitles you to be added to the list to take delivery of your product. You also confirm you are at least 18 years of age or the minimum legal age required to enter into a binding legal contract in your country. These Terms are not an order or purchase agreement for the sale and delivery of our Products to you. Your Reservation payment is a deposit towards the full payment of your selected product(s) at time of entering into these Terms. We will contact you to inform you of the availability of your product(s), and you may proceed with the order of a our Products as described in Section 5 below. A Reservation only provides you with the rights expressly provided in these Terms, and does not you with any other rights, including, without limitation, a guarantee of a product price or delivery date.
Effective Date
Your Reservation becomes effective when we receive your Reservation payment in the sum and currency stipulated (“Reservation Payment”). Your Reservation secures the approximate delivery priority of Products to you in your selected country.
Refund of Reservation Payment
You are under no obligation to purchase the Products from us. Provided that you have not entered into an Order Purchase Agreement, you may terminate the Reservation at any time by sending an email for cancellation to reservations[at]acelpower.com. Upon our receipt of your termination, the Reservation Payment shall be returned to you. We also reserve the right to cancel your Reservation at any time and refund your Reservation Payment for any reason whatsoever in our sole discretion.
If you proceed with the order of our Products as described in Section 5 below, the Reservation Payment shall form part of the deposit thereunder. If you do not proceed with your order, you will be deemed to have elected not to proceed with the purchase, and the Reservation Payment shall be returned to you. No interest shall be earned by you on the Reservation Payment.
Priority for delivery cannot be sold or assigned to others. If you decide not to complete your purchase, your priority in the Products reservation queue will be nullified. Although we cannot legally enforce the re-sale of any reservation priority, we hereby request that you do not re-sell your Reservation.
Order Purchase Agreement
As we approach the date of production of your reserved Product(s), you will receive an email from us:
Once we receive your selections, a separate agreement concerning your order (the “Order Purchase Agreement”) will be provided. The Order Purchase Agreement will set out the estimated price of the Products, which will include base price and additional options selected, a detailed statement of the terms of payment, and the estimated supply date. For certainty, final payment of the purchase price and any taxes, or fees, and delivery charges, along with the final purchase will not be due until the Product(s) is/are confirmed to be ready for delivery. Following acceptance of the Order Purchase Agreement, the production of your order will commence.
Reservation Priority and Deferrals
The date of your Reservation will be used as an approximate priority for determining when you will be invited to complete your custom vehicle order. We will aim to serve customers based on their Reservation dates, but we reserve the right to re-sequence reservations based on available delivery locations and configurations and other factors we determined by us. If you do not enter into an Order Purchase Agreement with us within a 45 day period following our notice to you, we reserve the right to extend a purchase invitation to another person on the Reservation list.
Vehicle Specifications and Performance
You acknowledge and agree that development of the Product(s) has not been completed and production has not begun at the time of your Reservation. You will be provided with an opportunity to review the final specifications prior to entering into an Order Purchase Agreement and to configure your order according to your personal preferences and the available options. You acknowledge and agree that the performance of your Product(s) will depend on the final product specifications, and the model and options you select. By placing your reservation, you acknowledge that you understand these Terms that the available product specifications may change prior to entering into an Order Purchase Agreement.
Range
Estimated ranges are based upon our projections of estimated ranges for each product. The projections are made using an approximation of an EPA test cycle, and vary based on customer selections, actual usage and environmental factors.
By accepting these Terms, you acknowledge that you are not relying on any projected estimated ranges made prior to your Reservation. Estimated ranges are intended to be general guidelines for consumers in comparing e-bikes. Your actual range will vary depending upon many factors, including battery age, usage patterns, driving habits, charging habits, temperatures, accessory use, and other factors as will be described in your owner’s manual. The owner's manual will be available to you at the time you take delivery of your order.
General
By your acceptance of these Terms, you acknowledge and agree that we are not obliged or required to proceed with the proposed Reservation or the Order Purchase Agreement. Your sole remedy against us under these Terms is limited to the return of the Reservation Payment. You acknowledge that these Terms shall merge and have absolutely no further force or effect whatsoever upon the execution of the Order Purchase Agreement and that the terms and conditions relating to the purchase of the Veemo, including any specifications or other selections, shall be governed by the provisions of the Order Purchase Agreement.
Non-Transferability and Cancellation
Your Reservation under these Terms is not transferable or assignable to another party without our prior written approval.
Not an Offering for Sale
This is not an offering for sale and nothing in these Terms or any marketing materials shall be construed as an offering for sale. These Terms are limited to the rights specifically provided herein and do not constitute an agreement, right or obligation to purchase or sell, a letter of intent or any similar instrument.
Personal Information
We may ask you to provide to us with certain personal information from time to time to allow us to perform our obligations under these Terms. We will use your personal information only for the purposes of performing our obligations under these Terms and will maintain and use your personal information in accordance with our privacy policy, terms of use and the Personal Information Protection Act (British Columbia) or other applicable privacy laws. It is your responsibility to inform us of any changes in your contact information so that we may keep you updated on your Reservation. You acknowledge your consent is not a condition of purchase of out Product(s).
Communications
We may contact you from time to time to perform our obligations under these Terms, and keep you informed about future production. By agreeing to these Terms, you hereby consent to receiving such communications. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent that we may contact you by reasonable means, including SMS messages (including text messages), calls using pre-recorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system.
With your consent, we may also contact you from time to time to keep you informed about our products and services, exclusive events, customer programs and other related activities using the content details you provided to us in the context of your Reservation process. You understand that you can change your mind at any time using the contact details available in our privacy policy.
Limitation on Liability
IN NO EVENT, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID TO US BY YOU PURSUANT TO THESE TERMS. WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, 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 (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
Entire Agreement
You acknowledge and agree that there is representation, warranty, collateral agreement or condition affecting these Terms, the Products or the production of the Products other than as expressly set out herein, whether contained in any sales brochures or material, alleged to have been made by any sales representatives or agents, or implied by applicable law. To the maximum extent permitted by applicable law, the warranties and remedies in these Terms are exclusive and are in lieu of all other warranties, representations, and conditions of any kind, express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose and/or any implied warranty or condition of non-infringement.
Governing Law
These Terms shall be governed by the laws of British Columbia and the federal laws of Canada applicable therein.