By placing an order for the Vehicle, the Buyer understands and agrees that (i) the availability and/or the delivery time of the Vehicle is subject to manufacturer’s production processes and timeline and BMW Hong Kong does not represent or warrant the availability and/or the delivery time of the Vehicle; (ii) BMW Hong Kong will not be liable for any fees, costs, expenses and/or losses incurred or suffered by the Buyer as a result of, associated with or incidental to any unavailability or delayed delivery of the Vehicle; and (iii) in the event that BMW Hong Kong is unable to fulfill an order for any reason, the Buyer and BMW Hong Kong will proceed with one of the following two options: (a) cancel the order and the Buyer will receive a full refund of the deposit without interest; or (b) the Buyer may purchase a substitute vehicle model with comparable features as proposed by BMW Hong Kong at the substitute vehicle's then-current published retail price. The Buyer understands and agrees that the option of purchasing a substitute vehicle model is subject to availability and at the sole discretion of BMW Hong Kong. This clause applies in all circumstances and shall prevail over any conflicting provisions herein.