Configuration Terms and Conditions
Last Updated: July 24th, 2023
These Configuration Terms and Conditions (the “Terms”) govern your order of the vehicle identified in your saved configuration (the “Vehicle”). By confirming your configuration, you agree to these Terms.
To the extent these Terms conflict with any of our prior agreements, you agree that these Terms supersede any and all prior agreements you have with Rivian (referred to as "us", "we", or "our" as the context may require) regarding your Vehicle order, including your Preorder Agreement.
Rivian’s General Terms and Conditions (the “General Terms”) found at Rivian.com/legal/terms and Rivian’s Data Privacy Notice (“Privacy Notice”) found at Rivian.com/legal/privacy are hereby incorporated by reference into these Terms, and you agree to be bound by both these Terms and the General Terms. Please read our Privacy Notice and General Terms carefully to understand the data that we collect and our practices regarding your information and how it will be treated. If you have questions regarding our Privacy Notice or General Terms, you should contact us by email at firstname.lastname@example.org.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND THESE TERMS LIMIT RIVIAN’S LIABILITY TO YOU. PLEASE SEE SECTIONS 15 AND 16 BELOW FOR ADDITIONAL DETAILS.
1. Agreement to Purchase
The Vehicle will be offered to you for purchase by Rivian’s applicable licensed dealership entity. You agree to purchase the Vehicle as described in your confirmed configuration (“Configuration”) as of the date you agree to these Terms (“Order Date”) from Rivian, LLC, or its affiliate (“Rivian”), pursuant to these Terms. Your final purchase of the Vehicle is subject to a future agreement, the Rivian Motor Vehicle Purchase Agreement, to be entered into between you and Rivian. These Terms are subject to change by Rivian without prior written notice at any time, in our sole discretion; provided that the version of these Terms that you accepted at the time you ordered the Vehicle will govern your order of the Vehicle. The latest version of these Terms and the General Terms will be posted on our website at Rivian.com/legal/terms, and you should review those terms before purchasing any products or services that are available from Rivian.
2. Vehicle Price
Your Vehicle pricing including the pricing of any factory options, features, or hardware (“Options”) will be set as of the date you agree to these Terms. While pricing for your Vehicle is set, the availability of a given Option is not set until the Vehicle is built, matched to you, and you are presented with a final Rivian Motor Vehicle Purchase Agreement including such Options. If your Configuration includes Option(s) that are not available at the time you are presented with the final Rivian Motor Vehicle Purchase Agreement for the Vehicle, Rivian will make a reasonable attempt to replace such Option(s) with an alternative Option that is available at the then current pricing for such alternative Option. Options released or changed after you place your order will not be included in or available for your Configuration and will not be included on your Vehicle. In addition, confirming your Configuration does not set pricing or availability for non-factory options/accessories that may be reflected in your Configuration. Pricing and availability for such non-factory options/accessories will be set in the final Rivian Motor Vehicle Purchase Agreement for your Vehicle. The pricing reflected in your Configuration does not include taxes, title, license or other fees paid to third parties or other costs for products and services you may add to your final Rivian Motor Vehicle Purchase Agreement, which could be material costs that you are responsible to pay.
Once you confirm your Configuration, Rivian will begin the process of preparing and coordinating your Vehicle delivery. If you make changes to your Configuration or the Vehicle after the Order Date, you may lose eligibility for special edition models, your place in line for priority delivery, or be subject to potential price increases based on any pricing adjustments made since the Order Date. Any changes you make or request to the Configuration for your Vehicle, including changes to the delivery location or desired delivery date, will be reflected in a subsequent Configuration that will form part of these Terms. You will be responsible for any additional costs related to the changes made by you after the Order Date to the Configuration.
4. Nonrefundable Deposit
By confirming your Configuration, the deposit you paid to Rivian in connection with your Configuration will become non-refundable, meaning that Rivian will retain such deposit amounts whether or not you execute a final Rivian Motor Vehicle Purchase Agreement and purchase the Vehicle. You understand that the deposit will be retained by Rivian as a commitment to purchase the Vehicle and will be released for application toward the final sales price of your selected Vehicle when you execute the final Rivian Motor Vehicle Purchase Agreement. If you do not execute such an agreement, you hereby give up all right, title, and interest in the deposit amounts you paid to Rivian.
In the event that you fail to complete the purchase of the Vehicle for any reason whatsoever, Rivian is entitled to retain the deposit as damages and as compensation for any losses, damages, or expenses incurred as a result of your breach of these Terms. Such a remedy shall not be deemed to be the exclusive remedy for a breach of these Terms but shall be in addition to all other remedies available at law or equity.
When you confirm your Configuration for the Vehicle, you represent and warrant that all information provided is accurate, and it is your responsibility to keep this information current at any time by emailing email@example.com. Rivian shall not be liable for inaccurate or outdated information.
If you have not already paid a deposit, you will be charged the deposit indicated when you confirm your Configuration. Confirming your Configuration constitutes your express agreement to be charged for the deposit amount using your provided payment method. Your payment will be held by Rivian in a separate account designated solely for deposit fees. Your deposit payment is subject to Rivian’s Payment Terms and Conditions located at rivian.com/legal/payment on our website.
7. Delivery and Title
If you are picking up your Vehicle in a state where we are licensed to sell the Vehicle, we will notify you of when and where we expect your Vehicle to be ready for delivery. If you are taking delivery of your vehicle in another location, we will notify you to complete your transaction and schedule delivery. You agree to schedule and take delivery of your Vehicle within seven (7) days of notification to schedule. If you do not respond to our notification or are unable to take delivery within the specified period, your Vehicle may be made available for sale to other customers, your reservation may be cancelled, and your priority status for any special edition vehicle, including the Launch Edition will be forfeited. You will be responsible for any costs related to the cancellation of your order due to your failure to take delivery. If you wish to pick up or take delivery of your Vehicle in a state where we are not licensed to sell the Vehicle, or if you and Rivian otherwise agree, Rivian will, on your behalf, coordinate the shipment of your Vehicle to you, generally from our dealership or our factory in Illinois, or another state where we are licensed to sell the Vehicle. In such a case, you agree that this is a shipment contract under which Rivian will coordinate the shipping of the Vehicle to you via a third-party common carrier or other mode of transport. You agree that delivery of the Vehicle, including the transfer of title and risk of loss to you, will occur at the time your Vehicle is loaded onto the transport (i.e., FOB shipping point). During such transit, your Vehicle will be insured at no cost to you, and you will be the beneficiary of any claims for damage to the Vehicle or losses occurring while the Vehicle is in transit. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Vehicle and all proceeds therefrom until your obligations have been fulfilled. If you choose to pick up or take delivery of your Vehicle in a state in which we are not licensed to sell the Vehicles, the Vehicle may be delivered or shipped to you from a state in which Rivian does not have a license to sell the Vehicles. In such a case, you agree that the sale is transacted, and legal title to the Vehicle transfers to you, in the State of Illinois, at the later of the time that (i) you make your final payment to Rivian in Illinois or (ii) Rivian approves your purchase from a sales or delivery location in Illinois. The estimated delivery date of your Vehicle, if provided, is only an estimate as we do not guarantee when your Vehicle will actually be delivered. Your actual delivery date is dependent on many factors, including your Vehicle’s configuration, delivery logistics including local restrictions, and manufacturing availability.
8. No Guarantee of Delivery Date
We will endeavor to produce your Vehicle in the future and your priority will be set by the date of payment of your deposit, our manufacturing schedule, our delivery and service operations availability and execution of the Rivian Motor Vehicle Purchase Agreement. There is no guarantee as to delivery date based on your confirmation of the Configuration.
9. No Resellers; Discontinuation; Cancellation
Rivian and its affiliates may unilaterally cancel any Configuration that we believe has been made with the intent to resell the Vehicle or otherwise has been made in bad faith. Rivian may also cancel your Configuration if a vehicle, product, feature, or option is discontinued after you confirm your Configuration and/or if selling you the Vehicle would result in Rivian violating any of its policies or any applicable laws.
10. Force Majeure
The obligations of you and Rivian under these Terms (other than your payment obligations) will be suspended to the extent that such party is wholly or partially precluded from complying with its obligations under these Terms by force majeure. Force majeure includes, but is not restricted to, fire, storm, flood, earthquake, explosion, accident, act of the public enemy, war, rebellion, insurrection, sabotage, outbreak, epidemic, public health emergency, quarantine restriction, labor dispute, labor shortage, transportation embargo or failure, curtailment or delay in transportation, act of God, act (including laws, regulations, orders, advisories, disapprovals or failure to approve) of any government or public health agency or authority, whether national, statewide, municipal, or otherwise, or any other event or circumstance beyond such party’s control.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable.
These Terms may not be modified, altered or amended unless expressly agreed to in writing signed by Rivian.
13. No Waivers
The failure by Rivian 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 Rivian.
You may not assign your rights under these Terms without Rivian’s express prior consent. Rivian may assign these Terms or your deposit in our discretion without your consent. Any assignment in violation of these Terms will be null and void.
15. Limitation of Liability
No Consequential or Indirect Damages. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL RIVIAN OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH 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.
Maximum Liability. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL RIVIAN’S OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS 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 OF THE AMOUNTS YOU PAID TO RIVIAN PURSUANT TO THESE TERMS.
16. DISPUTE RESOLUTION—ARBITRATION AND CLASS ACTION WAIVER
Binding Arbitration. To the fullest extent permitted by applicable law and except for small claims or if you choose to opt-out as provided below, you and Rivian agree to resolve any claims, demands, disagreements, or disputes between us whether based in contract, tort, statute or otherwise arising from or related to this Agreement or our relationship, including advertising and other communications between you and Rivian, Rivian products or services, and as applicable, your credit application, or the purchase or condition of a Vehicle (a “Dispute”) by binding arbitration conducted by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules, unless you and we agree otherwise. For more information on arbitration and to access the AAA Consumer Arbitration Rules, please visit: www.adr.org. If the AAA Consumer Arbitration Rules conflict with these Terms, then These Terms shall control. You and we understand that we are both waiving our rights to go to court (other than small claims court, as provided below), to present our claims to a jury and to have claims resolved by a jury trial, and also that judicial appeal rights, if any, are more limited in arbitration than they would be in court.
Confidentiality. Unless otherwise prohibited by federal or state law or regulation, any arbitration, and any award issued in an arbitration, shall be kept confidential, except to the extent necessary to seek court intervention (such as to enforce an award).
Initial Dispute Resolution Requirement. Most disputes can be resolved without resort to arbitration or small claims court. For any Dispute, you and we agree that before taking any formal action to initiate arbitration or a small claims suit we will contact the other in an attempt to resolve the Dispute. You will contact us at firstname.lastname@example.org and provide a brief, written description of the Dispute and your contact information (including your Rivian ID, if you have one). We will contact you at your contact information on file with Rivian. You and Rivian agree to use reasonable efforts to settle any Dispute directly and good faith negotiations shall be a pre-condition to either party initiating a small claims suit or arbitration.
Filing a Demand for Arbitration. If the parties do not reach an agreed-upon solution within a period of 60 days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration. In order to initiate arbitration, you must file an arbitration demand with AAA. You can find information about AAA and file your arbitration demand at https://www.adr.org/Support. You are also required to send a copy of the arbitration demand to us and you should send it by email to: email@example.com.
Fees & Costs. AAA’s Consumer Arbitration Rules will govern the allocation of arbitration fees and costs between you and Rivian. However, if your arbitration case filing fee exceeds the filing fee you would pay to file the action in a court of law, Rivian will pay the amount of your case filing fee in excess of the filing fee you would pay in a court of law. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if s/he finds that applicable law allows such reimbursement because your claims were frivolous or brought in bad faith. You are responsible for your own attorneys' fees unless applicable law provides otherwise.
Arbitration Location & Procedure. Arbitration shall be initiated and take place in the city or county of your residence unless you and Rivian agree otherwise, or, if you reside outside of the United States, in Orange County, California. If your claim does not exceed $25,000, then the arbitration will be conducted solely on the basis of documents you and Rivian submit to the arbitrator. If your claim exceeds $25,000, you and Rivian may agree to conduct arbitration by videoconference or teleconference or conduct a document-only arbitration without any hearing.
Applicable Law. This Section 16, Dispute Resolution – Arbitration and Class Action Waiver, its subject matter, formation and enforceability will be governed by the Federal Arbitration Act as interpreted by the federal courts, and not any state law regarding arbitration. The statute of limitations laws of the State in which Rivian is licensed to sell motor vehicles that is nearest to your delivery address, without regard to choice or conflict of law principles, will apply to any claims brought in arbitration.
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 this Section, including but not limited to any claim that all or any part of this Section is void or voidable, whether a claim is subject to arbitration or the question of waiver by litigation conduct. However, the parties agree that any issue concerning the validity of the class action waiver below must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. The arbitrator shall be empowered to grant whatever relief would be available to you in your individual capacity in a court under law or in equity, including public injunctive relief. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. The parties further agree that the arbitration shall be conducted in each party’s respective individual capacity 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 RIVIAN AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NEITHER YOU NOR RIVIAN WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CONSUMERS 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 a court or arbitrator finds this Class Action Waiver provision to be unenforceable as to a particular class or representative action, then this entire Section 16, Dispute Resolution – Arbitration and Class Action Waiver shall be null and void as to that class or representative action, and the action may only be brought in court rather than in arbitration.
Small Claims Court. Subject to the Initial Dispute Resolution Requirement, either party may bring an individual action in small claims court consistent with the jurisdictional limits that apply to that forum.
Opt-Out Right. You may opt-out of this Section 16, Dispute Resolution – Arbitration and Class Action Waiver within 30 days from the date you electronically sign these Terms, by sending an email to firstname.lastname@example.org from the email associated with your Rivian ID with “Opt-Out of Arbitration” in the subject line and, in the body of the email, your full name and address. You agree that any request will not apply to subsequent agreements between you and Rivian unless the other agreement provides an option to opt out and you follow the requirements outlined in that agreement.
Severability. Except as provided in the Class Action Waiver Section above, if any competent legal authority determines any part of this Section 16, Dispute Resolution – Arbitration and Class Action Waiver is illegal or unenforceable, then such part will be eliminated and the remainder of Section 16, Dispute Resolution – Arbitration and Class Action Waiver will remain in force and effect and the unenforceable part shall be deemed to be modified solely to the extent necessary to make it enforceable.
Survival. This Section 16, Dispute Resolution – Arbitration and Class Action Waiver shall survive the end of the agreement formed under these Terms and/or your relationship with Rivian, including the end of any promotion or contest, opt-out of communication or other use or participation in any Rivian Product or Service.
By agreeing to these Terms, you acknowledge and agree to the terms and conditions of this Section 16, Dispute Resolution – Arbitration and Class Action Waiver:
17. Choice of Law
These Terms, their subject matter and their formation, and any related non-contractual disputes or claims, are governed by the laws of the State in which Rivian is licensed to sell motor vehicles that is nearest to your delivery address, without regard to choice or conflict of law principles, except as otherwise provided in the Dispute Resolution—Arbitration And Class Action Waiver Section.
18. Text Messages, Notifications, and Telephone Calls
By agreeing to these Terms, you understand that by providing your wireless telephone number(s) now or in the future, you consent to being contacted at those numbers or addresses using prerecorded artificial voice messages and/or automatic telephone dial devices with non-marketing information about your vehicle, such as service reminders and appointments. You understand and agree that by providing your wireless telephone number you are consenting to receive calls or texts at that number. You also consent to receiving emails to any email address(es) you provide. You further understand and agree that these communications may contain your non-public information. You explicitly confirm that this consent covers the use of these contact methods to call or send text messages to the wireless telephone number(s) and to send text or email messages to the email address(es) you provide, for which you may incur a charge. Separately, we may seek your prior express written consent for marketing text messages or telephone calls. For all communications, you can control permission for calls texts or push notifications in the Rivian app or by contacting email@example.com.
19. Entire Agreement
These Terms, the Payment Terms, our General Terms, and our Data Privacy Notice will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. It shall supersede all prior and contemporaneous representations, warranties, agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. In the event of any conflict between these Terms, our General Terms and our Data Privacy Notice, these Terms shall prevail.
20. Printed Agreement
A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.