CAR PAL LLC TERMS AND CONDITIONS FOR USED CAR PURCHASES*
Please read the following terms and conditions carefully. These terms and conditions are a contract between you and Car Pal, LLC. By visiting our website at www.car-pal.com or putting a deposit on services with Car Pal LLC, you are agreeing to be bound by these terms and conditions. The rights and obligations in your agreement with Car Pal LLC are personal to you, and not transferable to another party. Both purchasing online or by phone will indicate that you agree to be bound by the terms of this agreement.
- Nature of Car Pal LLC Services When you place your order with Car Pal LLC, you are hiring us to search (often with links you provide in cooperation with our search agent) and then hire an outside vendor (paid for by you) to evaluate the overall condition of the designated vehicle. The report will be based on what our inspectors can subjectively observe when they see the vehicle. Car Pal LLC inspectors do not use hoists or tools or dismantle the vehicles. The Car Pal LLC service is a visual inspection of all reasonably accessible items only, and some problems may not be observable during the inspection. The Car Pal LLC inspector will attempt to test drive the vehicle, but if this is not feasible, a test drive will not be conducted. Once the inspection is completed, you will receive a hyperlink to the inspector’s report, along with a package of photographs of the vehicle.
- Car Pal LLC Service Limited to Inspection Car Pal LLC coordinates inspection services only. While we are in the 99th percentile of thoroughness, Car Pal LLC is not responsible at the end of the day for something missed by an inspector. Therefore, we cannot take financial responsibility to make it right. Car Pal is not affiliated with the seller of the vehicle and does not take a position on whether you should, or should not, purchase the vehicle – we simply help you interpret the results and go to bat on your behalf to get the dealership to repair and or replace anything the inspector finds which was unexpected and would impact your ownership experience and ultimate costs. Car Pal LLC does not verify that the seller has the legal right to sell the vehicle. Car Pal LLC is not responsible for any representations made by the seller or any other party. Though Car Pal’s experts will and do ask 100’s of questions to ascertain the road-worthiness of the vehicle selected.
- Vehicle Remains “As Is” Because the vehicle being inspected is a “used” vehicle, you agree that, even after inspection, you will be purchasing the vehicle in an “as is” condition, unless otherwise warranted by the seller. Because a vehicle’s condition may change between the time the inspection is conducted and the actual purchase of the vehicle, we recommend having the inspection completed as close in time to the purchase as possible. The Car Pal LLC third party report shall not be construed as a substitute for any safety and/or emissions inspection that is required by applicable state laws. The Car Pal LLC inspection also does not act as a warranty or as an insurance policy on the vehicle’s condition nor does Car Pal LLC or its services extend or affirm any warranty on the vehicle issued by or provided by the seller. You agree that you are responsible for all repairs or any costs associated with owning and maintaining a vehicle.
- Factors Affecting Inspections Car Pal LLC inspections may be affected by weather and light conditions, as well as the cleanliness of the vehicle, both inside and out, at the time of the inspection. Many external factors, beyond our control, can reduce the accuracy of the inspection, making things such as repainting and body work difficult to detect with the naked eye. For the most accurate inspection report, the vehicle must be clean, dry and situated in well-lit location at the time of inspection. However, Car Pal LLC does not agree to take any steps or actions affecting the vehicle’s condition at the time of the inspection. Car Pal LLC will 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.
- Resolution of Disputes – Arbitration
- Any controversy or claim arising out of or relating to these terms and conditions, or the breach thereof, or any disputes or claims relating to inspections provided by Car Pal LLC shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration shall occur at a location of Car Pal LLC’s choosing in Chapel Hill, NC. The parties shall pay their respective costs and expenses of arbitration. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate Car Pal LLC’s intellectual property rights, Car Pal LLC may seek injunctive or other appropriate relief in any state or federal court in the State of North Carolina, and you consent to exclusive jurisdiction and venue in such courts.
- Litigation, Applicable Law, and Waivers To the extent any claim is not governed by the arbitration terms above, you agree that any action relating to this agreement or Car Pal LLC’s services, shall be construed under the laws of the State of North Carolina, and that any such action shall be instituted and prosecuted in either the federal or state courts located in the County of Hennepin, State of North Carolina. Both you and Car Pal LLC waive the right to seek a change of venue. Both you and Car Pal LLC waive the right to a jury trial in any such litigation.
- LIMITATION OF LIABILITY ALL SERVICES FROM Car Pal LLC ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING IN THESE TERMS OR IN ANY DESCRIPTION OF PRODUCTS OR SERVICES IN THE SERVICES SHALL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS OR SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT SUCH USE IS AT YOUR SOLE RISK. YOU AGREE THAT Car Pal LLC’S LIABILITY IS LIMITED TO REFUNDING THE PRICE YOU PAY FOR THE Car Pal LLC FACILITATED INSPECTION IN THE EVENT YOU ARE DISSATISFIED WITH Car Pal LLC’S SERVICE, OR INJURIES OCCUR DUE TO AN UNREPORTED DEFECT IN THE VEHICLE.
IN NO EVENT SHALL EITHER Car Pal LLC OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
- Cancellation Once your order is placed for your inspection, all sales are final.
- Endorsements Links provided from our website, LemonSquad.com, to another website, are not endorsements unless we expressly say so.
- Contact Information All notices, or other communications shall be in writing and shall be deemed duly given and received by Car Pal LLC (i) seven days after being sent by certified or registered mail return receipt requested, postage and charges pre-paid; (ii) one business day after being sent by express overnight delivery by a national carrier; (ii) upon being transmitted by facsimile to the party to whom it is directed (sender must retain confirmation copy indicating that the facsimile was received by the party to whom it is directed; or (iv) if by email, upon actual receipt. All communication to you shall be addressed to your address as listed in the Car Pal LLC Inspection Order Form. All communication to Car Pal LLC shall be addressed to info@Car-Pal.com or the address set forth in the Contact Us section of our website: Car-Pal.com.
- Other State Laws Some states do not allow the limitation, exclusion or disclaimer of implied warranties or incidental and consequential damages, so the limitations or disclaimers in this agreement may not apply to you.
- Severability If any section of this agreement is found by competent authority to be invalid, illegal or unenforceable in any respect and for any reason, the validity, legality and enforceability of the unaffected remainder of such section and the remainder of the agreement shall continue in effect.
Revised: August 31st, 2020