Terms and Conditions
Intent of the Company and the Vehicle Inspection
The Company is providing an evaluation of non-safety related vehicle systems to our clients.
The Company’s inspection reflects the condition of the vehicle at the time of the inspection. Because a vehicle’s condition may change between the time the inspection is conducted and the actual purchase of the vehicle, the Company recommends that you purchase your vehicle as soon as possible after the inspection is completed. Changes that might result after the inspection include accidents, normal wear and tear, the use of forklifts by the inspection site, latent mechanical problems, or a variety of other unforeseen circumstances or events that may reduce the value of the vehicle. The Company is not liable for any changes that may occur after its inspectors have completed their inspection.
THE COMPANY DOES NOT INSPECT ANY VEHICLE FOR SAFETY, AND MAKES NO WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND REGARDING THE SAFETY OF ANY VEHICLE WHICH IT INSPECTS.
1.) Description of Services.
The Company’s inspections are based on visual observation. Vehicle inspections do not involve dismantling or disturbing any structure, assembly, component or internal mechanism, nor do Company inspectors use any hoists or tools (other than an OBD II scanner) to inspect a car. Instead our inspectors carefully observe what is visible and can be accessed in order to give our customers insight into the condition of the vehicle. Items which are not reasonably accessible or allowed to be inspected on site, will not be inspected. In such circumstances, the Company will be under no obligation to inspect or report on the part or item in question. The Company cannot be held, and is not, responsible for any latent defects which are later discovered. Items which are listed on the customer’s written request but are inapplicable, or are not reasonably accessible, or are not allowed by the site, will not be inspected. In such circumstances The Company will be under no obligation to inspect or report on the part or item in question. If the inspector does not say that an item was inspected, then it was not inspected.
Some factors beyond the Company’s control can affect the accuracy of its inspections. The accuracy of inspections may be affected by weather and lighting conditions, as well as the cleanliness of the vehicle, both inside and out, at the time of the inspection. These factors can make things such as scratches, repainting and body work difficult to detect with the naked eye. For the most accurate inspection, the vehicle needs to be clean, dry, and situated in a well-lit location at the time of inspection. However, the Company does not agree to take any steps or actions affecting the vehicle’s condition at the time of the inspection. Our inspectors do their best to give customers accurate information based on the circumstances of the inspection site. The Company strongly recommends that potential buyers contact the seller and make all necessary accommodations to insure that the vehicle is as clean as possible and available in a suitable location for an inspection.
Engine codes are checked with an OBD II scanner when allowed. The Company makes no guarantees that its scan of the engine codes will reveal all coded items. Some engine codes might not be revealed because, among other things, the vehicle may contain an electrical problem or the battery may have been removed and replaced causing all engine codes to be wiped clean. The Company’s engine code scans are conducted without investigation of the vehicle’s electric system or battery.
The Company’s inspections are completed by independent contractors who are not employees of the Company. You, the customer, agree not to contact any of our inspectors directly.
2) Notice; Cancellation.
The Company will make every effort to honor your request for inspection, any such request must be ordered at least twenty-four (24) hours in advance. You must give the Company at least twenty-four (24) hours notice to cancel any order for an inspection once it has been placed; otherwise, the normal inspection fee will apply. If an inspection is ordered and the vehicle is sold by the seller without notifying the Company within 24 hours prior to the scheduled inspection, then a charge will be incurred by the person or company ordering the inspection. You are responsible for assuring that the vehicle is available for inspection. If the inspector arrives at the vehicle location and is unable to complete the inspection due to the facility or seller’s unwillingness to make the vehicle available for inspection, our fee will still be assessed. If a second visit to the vehicle is required for any reason, then a separate fee will be assessed. You also acknowledge that the seller must be made aware that the Company is representing you for inspection purposes and that you must notify the seller of your intent to have the vehicle inspected.
3) DISCLAIMER OF WARRANTIES. THE COMPANY PROVIDES THE INSPECTION ‘AS IS’ WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION OF THE VALUE OF THE VEHICLE OR THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOR DOES THE COMPANY’S INSPECTION AFFIRM OR EXTEND ANY WARRANTY THAT MAY BE PROVIDED BY ANYONE ELSE. THE ENTIRE RISK AS TO THE PERFORMANCE OF THE VHICLE IS ASSUMED BY YOU.
4) Attorneys’ Fees. You agree to pay all reasonable attorneys’ fees incurred by the Company in connection with the enforcement of any term of these Terms & Conditions
5) LIMITED LIABILITY. THE COMPANY’S TOTAL LIABILITY SHALL BE LIMITED TO A REFUND OF YOUR FEE. IN NO EVENT SHALL THE COMPANY, OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, AGENTS OR AFFILIATES, BE LIABLE TO YOU, WHETHER IN CONTRACT OR IN TORT, OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY (INCLUDING STRICT LIABILITY) FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING TRAVEL COSTS OR LOSS OF PROFITS OR REVENUE) INCURRED BY YOU IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT PROHIBIT THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER DAMAGES, THE LIABILITY OF THE COMPANY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6) Intellectual Property; Reservation of Rights. The Company hereby reserves all rights to all intellectual property, including without limitation all copyrights, patents, trademarks, service marks, business secrets and all other intellectual property rights whether created by statute or common law and whether existing at the time of the inspection or created at a later date, and to the Company’s work product, including without limitation all pictures, videos, inspection reports, presentation formats, functional descriptions, blueprints, and design descriptions contained in all products and services governed by these Terms & Conditions.
7) Advertising; Use of Material. You agree not to use the Company’s name, either express or implied, in any of its advertising or sales materials without the express written consent of the Company which may be unreasonably withheld. The Company reserves the right to reuse original ideas, all nonproprietary data, general knowledge, skills and experience, and any ideas, concepts, know-how, techniques or analyses in its continuing work in the industry.
8) Limitation on Rights of Others; No Third-Party Beneficiaries. Except for the Company and you, no person or entity is or is intended to be treated as a direct, indirect, intended or incidental third-party beneficiary of any services provided by the Company, nor shall any other person or entity have any legal or equitable right, remedy, or claim under or in respect of these Terms & Conditions. For the avoidance of doubt, under no circumstances will the Company be liable to any third party in contract, tort (including negligence) or otherwise for any loss (direct, indirect or consequential) which any third party may incur as a result of any information supplied by the Company.
9) Entire Agreement; No Oral Representations. These Terms & Conditions and any other documents delivered pursuant to them constitute the full and entire understanding and agreement between the Company and you and supersede any prior written or oral agreements or representations between us. You expressly agree that these terms and conditions take precedence over all prior oral representations, warranties, guarantees and negotiations of every kind whatsoever.
10) Indemnification. You agree to indemnify and hold the Company harmless from and against (and will pay the Company upon demand the amount of) any and all losses, liabilities, claims, costs (including costs of investigation and defense), damages, and expenses (including attorneys’ fees) which the Company may sustain resulting from, arising out of, relating to, or caused by (a) any breach by you of these Terms & Conditions or any contract or other agreement between you and the Company; (b) any breach of any representation or warranty made by you; and/or (c) any third-party claim brought against the Company as a result of your actions. In connection with any action or proceeding that may give rise to your obligation to indemnify the Company, the Company shall have the exclusive right, at its option, to defend, compromise and/or settle the action or proceeding, and you shall be bound by the determination of any action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this section are not exclusive of and do not limit any other remedies that may be available to the Company.
11) Waiver. No delay or omission to exercise any right, power or remedy accruing to the Company shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring.
12) Severability. In case any provision of these Terms & Conditions shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
13) Taxes. The cost of goods and/or services to customer set forth on the Company’s website does not include sales, use, excise or any other applicable taxes or assessments. Such taxes or assessments, if any, will be added to customer’s price. You agree to pay to the Company on demand any such tax or assessment. All use and excise taxes are the sole responsibility of customer.
14) Amendments to Terms & Conditions. The Company reserves the right to change its terms of service at any time without notification by posting an updated version of these Terms & Conditions on its web site. You are responsible for regularly reviewing these Terms & Conditions, and your continued use of the Company’s services after any such changes shall constitute your consent to the changes.
15) Governing Law and Venue. These Terms & Conditions shall be governed by and construed in accordance with the domestic laws of the State of Delaware without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware. You consent to the jurisdiction of any court of competent jurisdiction in the State of Delaware or the United States District Court for the District of Delaware. You hereby voluntarily waive objections to such jurisdiction and consent to the delivery of service of process in any such proceeding.
16) WAIVER OF JURY TRIAL. THE COMPANY AND YOU IRREVOCABLY WAIVE ANY AND ALL RIGHT WE MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THESE TERMS AND CONDITIONS AND ANY DOCUMENTS EXECUTED IN CONNECTION WITH THEM OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. WE BOTH ACKNOWLEDGE THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.