Pre-Order Agreement

Last updated: October 5, 2026

This Pre-Order Agreement (these “Terms” or this “Agreement”) governs the placing of a pre-order (“Pre-Order”) with Emission Free Generators, Inc. (“EFG,” “we,” or “us”) through zenh2.com for a ZenH2 emission free generator (“Generator”). Please read all of these Terms carefully before submitting your Pre-Order. By submitting your Pre-Order, you agree to be legally bound by these Terms.

1. What a Pre-Order Is

A Pre-Order reserves a Generator for you from a future production run. When you place a Pre-Order you pay a deposit (the “Deposit”), and the remaining balance of the purchase price (the “Balance”) becomes payable when your Generator is ready to ship, as described in Section 3.

Your Deposit is fully refundable, and you may cancel your Pre-Order for any reason at any time before the Balance is charged, as described in Section 6. Until that point you are under no obligation to complete the purchase.

We may decline or cancel any Pre-Order in our sole discretion, including to avoid over-subscription of a production run. If we do, you will be notified and your Deposit will be refunded in full as set forth in Section 6.

2. Eligibility; Entity Pre-Orders

By agreeing to these Terms, you represent and warrant that you are at least 18 years of age. If you are placing a Pre-Order on behalf of a company, organization, or other entity (an “Entity”), you represent and warrant that you have the authority to bind that Entity to these Terms, and that Entity agrees to be bound by them.

3. Payment

Deposit. You will be charged the Deposit shown at checkout when you place your Pre-Order. Placing a Pre-Order constitutes your express authorization to charge the Deposit to the payment method you provide. The Deposit is applied in full toward the purchase price of your Generator.

Balance. The total purchase price and the remaining Balance are shown at checkout and in your order confirmation. We will notify you by email before the Balance is charged. The Balance is then charged to the payment method you provided at checkout, which is securely retained by our payment processor for this purpose. By placing your Pre-Order you authorize that later charge.

Failed payment. If the Balance cannot be charged, we will contact you at the email address on your order and you will have fifteen (15) days to provide a valid payment method. If we are unable to collect the Balance within that period, we may cancel your Pre-Order and refund your Deposit in full.

Taxes and shipping. Applicable sales or use taxes, duties, and shipping charges are calculated and disclosed before payment is completed and are in addition to the purchase price unless stated otherwise.

4. Price

The total purchase price shown to you at checkout is the price for your Generator, and we will not increase it after your Pre-Order is placed. If circumstances require a change to the price of your Generator, we will notify you before charging the Balance, and you may cancel your Pre-Order and receive a full refund of your Deposit rather than accept the change.

5. Delivery

Any ship date or delivery window we communicate is an estimate, not a guarantee. We will endeavor to produce and ship your Generator as soon as reasonably practicable. Production priority is set by us in our sole discretion, taking into account the date of your Pre-Order, our manufacturing schedule, and compliance with these Terms. We are not liable for delays in production, shipment, or delivery.

6. Cancellation and Refunds

You may cancel your Pre-Order and receive a full refund of your Deposit at any time before the Balance is charged. To cancel, email info@emissionfreegenerators.com from the address you used to place your Pre-Order. We will endeavor to issue your refund within approximately ten (10) business days, or as soon as reasonably practicable thereafter. Any EFG promotional items you received at the time of Pre-Order are yours to keep.

We may cancel your Pre-Order at any time before shipment and will issue a full refund of amounts you have paid.

Once the Balance has been charged and your Generator has shipped, our standard return, warranty, and service terms apply in place of this Section.

7. Generator Configuration

You understand that we may not have begun manufacturing your Generator at the time of your Pre-Order, and that specifications, features, and configuration are subject to change. If we make a change that materially and adversely affects the Generator you reserved, we will notify you before charging the Balance and you may cancel your Pre-Order for a full refund of your Deposit.

8. Your Information

When placing a Pre-Order, you represent and warrant that all information you provide is accurate, and it is your responsibility to keep it current, including by emailing us at info@emissionfreegenerators.com. EFG is not liable for inaccurate or outdated information or for any losses that result from it.

9. Privacy Policy and Terms of Use

Information you provide to EFG will be used in accordance with our Privacy Policy and website Terms of Use, each of which is incorporated into these Terms by reference and available on our website. If you have questions about either, contact us at info@emissionfreegenerators.com.

10. Communications Consent

By agreeing to these Terms, you understand that by providing your wireless telephone number now or in the future, you consent to being contacted at that number using prerecorded or artificial voice messages and automatic telephone dialing systems. You understand and agree that providing your wireless telephone number and consenting to receive calls or texts at that number is not a condition of purchase. You also consent to receiving email at any address you provide. You further understand that these communications may contain your non-public information, and that you may incur a charge for calls or messages. You can control permission for calls or texts by contacting info@emissionfreegenerators.com.

11. Force Majeure

Neither you nor EFG will be liable for any failure or delay in performing an obligation under this Agreement that is due to an event beyond our reasonable control, including any act of God, pandemic, epidemic, disease, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, material change in applicable law or regulation, uprising, unavailability of materials, strike, earthquake, flood, or any other natural or man-made eventuality outside of our control.

12. No Setoff

You shall not, and acknowledge that you have no right under this Agreement, any other agreement, document, or law, to withhold, offset, recoup, or debit any amounts owed or to become due and owing to us or any of our affiliates, whether under this Agreement or otherwise, against any other amount owed or to become due and owing to you by us or our affiliates, whether relating to our or our affiliates’ breach or non-performance of this Agreement or any other agreement between you and us or any of our affiliates, or otherwise.

13. Confidentiality

All non-public, confidential, or proprietary information of EFG, including trade secrets, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates, disclosed by EFG to you, whether disclosed orally or in written, electronic, or other form or media, and whether or not marked or designated as “confidential,” in connection with this Agreement is confidential, is solely for the use of performing this Agreement, and may not be disclosed or copied unless authorized by EFG in writing. Upon EFG’s request, you shall promptly return all documents and other materials received from EFG. EFG shall be entitled to injunctive relief for any violation of this provision. This provision does not apply to information that is (a) in the public domain, (b) known to you at the time of disclosure as a result of a disclosure rightfully obtained by you, or (c) rightfully obtained by you on a non-confidential basis from a third party.

14. Limitation of Liability

No consequential or indirect damages. In no event shall EFG, its affiliates or partners, or any of their respective employees, officers, directors, members, shareholders, agents, or representatives be liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages arising out of, relating to, or in connection with any breach of this Agreement, 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, whether contract, tort, or otherwise, upon which the claim is based.

Maximum liability. In no event shall EFG’s aggregate liability arising out of or related to this Agreement, whether arising out of or related to breach of contract, tort including negligence, or otherwise, exceed the total of the amounts paid to EFG pursuant to this Agreement.

15. Applicable Law; Arbitration; Class Action Waiver

These Terms, their subject matter and formation, and any related non-contractual disputes or claims are governed by the laws of the State of California, without regard to choice or conflict of law principles.

Agreement to arbitrate. To the fullest extent permitted by applicable law, you and EFG agree to arbitrate all disputes and claims between us after complying with the Initial Dispute Resolution provision below. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to, claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior agreement, including claims relating to advertising; claims currently subject to purported class action litigation for which you are not a member of a certified class; and claims that may arise after this Agreement. Either party may still bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including the Federal Trade Commission or a State Attorney General, and such agencies can, if the law allows, seek relief against us on your behalf. This Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this provision.

Venue. Arbitration shall be initiated and take place in San Diego County, California, and you and EFG agree to submit to the personal jurisdiction of the state and federal courts of San Diego County, California. Those courts have exclusive jurisdiction to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on an arbitration award. EFG and you consent to the jurisdiction of the California courts and waive any objection as to personal jurisdiction or venue on the basis of inconvenient forum or otherwise.

Initial dispute resolution. Most disputes can be resolved without arbitration. If you have a dispute with us, you agree that before taking any formal action you will contact us at info@emissionfreegenerators.com with a brief written description of the dispute and your contact information. Except for intellectual property claims, you and EFG agree to use reasonable efforts to settle any dispute, claim, question, or disagreement directly, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding arbitration. If the parties do not reach an agreed solution within sixty (60) days from the time informal dispute resolution is initiated, either party may initiate binding arbitration as the sole means to resolve claims, except as provided below. All claims arising out of or relating to these Terms, the parties’ relationship with each other, or your use of EFG products or services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000, and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000, in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery.

Arbitrator’s powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, and the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, shall be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.

Filing a demand. To start an arbitration you must (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover, a copy of which is available at jamsadr.com; (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 401 B St, Unit 2100, San Diego, CA 92101; and (c) send one copy of the Demand for Arbitration to us at info@emissionfreegenerators.com.

Fees and costs. If your claims total less than US $5,000, you may choose whether your participation in the arbitration will be conducted on the basis of documents provided to the arbitrator, through a telephonic hearing, or by an in-person hearing. You are responsible for your own attorneys’ fees unless the arbitration rules or applicable law provide otherwise. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits. The right to attorneys’ fees and expenses described above supplements any right you may have under applicable law, and if you would be entitled to a larger amount under applicable law this provision does not preclude the arbitrator from awarding it. You may not recover duplicative awards of attorneys’ fees or costs.

No jury trial. The parties understand that, absent this mandatory arbitration section, they would have the right to sue in court and have a jury trial. They further understand that in some instances the costs of arbitration could exceed the costs of litigation, and that the right to discovery may be more limited in arbitration than in court.

Class action waiver. The parties agree that arbitration shall be conducted in the parties’ respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and EFG agree that each may bring claims against the other only in your or its individual capacity. Neither you nor EFG will be entitled to join or consolidate claims by or against other customers in court or in arbitration, or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. If any court or arbitrator determines that this class action waiver is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provisions above shall be deemed null and void in their entirety and the parties shall be deemed not to have agreed to arbitrate disputes.

Exception: intellectual property. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in any state or federal court with jurisdiction, or in the U.S. Patent and Trademark Office, to protect its intellectual property rights. “Intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights.

Opt-out. You may opt out of the agreement to arbitrate, the class action waiver, or both within sixty (60) days from the date you accept this Agreement, by sending an email to info@emissionfreegenerators.com from the address associated with your Pre-Order with “Opt-Out” in the subject line and a clear instruction on your opt-out choice in the body, for example “Opt-out of class action waiver” or “Opt-out of the arbitration provision.” Any such request will not apply to subsequent agreements between you and EFG unless you follow the requirements outlined in that other agreement.

Survival. This Section shall survive any termination of your use of the site.

16. Assignment

You may not assign your rights under these Terms without our express prior consent. EFG may assign these Terms in our discretion without your consent.

17. Modification of These Terms

We reserve the sole right, at our discretion, to change these Terms at any time. Changes will not apply retroactively to a Pre-Order already placed. This Agreement may not otherwise be modified, altered, or amended unless expressly agreed to in writing signed by EFG.

18. No Waivers

Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of EFG.

19. Severability and Entire Agreement

If for any reason a court of competent jurisdiction finds any provision, or portion of a provision, to be unenforceable, the remainder of these Terms shall continue in full force and effect and the unenforceable provision shall be deemed modified solely to the extent necessary to make it enforceable.

Your Pre-Order confirmation, these Terms, our website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms, and supersede all prior and contemporaneous representations, warranties, agreements, understandings, inducements, and conditions, express or implied, oral or written, of any nature with respect to the subject matter. In the event of any conflict between these Terms, our website Terms of Use, and our Privacy Policy, these Terms shall prevail.