TERMS AND CONDITIONS FOR SALE AND PURCHASE AGREEMENT
This Terms and Conditions for Sale and Purchase Agreement (the “Terms ” and/or “Agreement”) contains the terms and conditions applicable to your access, use and/or purchase of any vehicle or services provided by Super Autoss.’s (“Superauto”). By using and/or accessing Superauto’s website and/or by using and/or purchasing any of Superauto’s services or vehicles you are indicating that you have read and have unconditionally accepted this Agreement and have agreed to abide by the terms of this Agreement. Superauto may amend this Agreement at any time by posting the amended Terms of Use and Disclaimer on its website and you agree that your use and accessing Superauto’s website after such changes will constitute your acceptance of such changes. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO VIEW, USE OR OTHERWISE PURCHASE ANY VEHICLES OR SERVICES FROM SUPERAUTO’S WEBSITE.
PURCHASER’S RISK
If you rely on any information or materials made available by Superauto with regards to your purchase of a vehicle or any other services from Superauto, you do so at your own risk. You understand that there may be omissions, inaccuracies, and/or other problems with the information, services and/or vehicles published, provided or sold to you by Superauto. Any sale or services provided to you is “AS IS” and “where is.” Superauto and its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, merchantability or fitness for a particular purpose of the vehicles and services made available through its website (or any information, goods or services that are referred to, advertised on, or sold through its website).
Superauto, its affiliates, agents, or licensors will not be liable to you or anyone else for any damages including without limitation, any liability for consequential, special, indirect, incidental, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business or loss of data) even if we are advised beforehand of the possibility of such damages. You agree that the liability of Superauto and its affiliates, agents and licensors, if any, arising out of any kind of legal claim in any way arising out of or otherwise related to the sale of any vehicle or services shall not exceed ten percent (10%) of the amount you paid to Superauto for said vehicle and/or services. Superauto disclaims warranties of any kind, whether express or implied, as to any vehicle or services sold, including without limitation, the merchantability or fitness for any particular purpose.
Prices advertised on Superauto exclude sales tax, finance charges, and title, license, regulatory, dealer documentary, emission testing and compliance fees all of which may be added to the advertised price in determining the final sale price of a particular vehicle.
PURCHASER’S RESPONSIBILITIES
Although purchasing a vehicle from Superauto may result in the lowest cost, there are some inherent risks in purchasing salvaged, branded title vehicles. It is the Purchaser’s responsibility to ascertain, confirm, inspect, investigate, know and inform itself of all the risks of purchasing a reconstructed and/or branded title vehicle or services from Superauto, and said Purchaser hereby explicitly agrees to accept these risks and responsibility. Purchasers must commit with little information on vehicles. Despite or even contrary to available vehicle descriptions, there may be unforeseen damage, problems, or issues with any salvaged vehicle sold by Superauto.
Vehicles sold by Superauto often come with a brief description. However, Superauto and its affiliates do not guaranty the accuracy of any description. All vehicles are sold “AS-IS” “WHERE-IS”, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
The term “vehicle(s)” shall mean all items posted for sale by Superauto. In addition, loose parts may be lost or damaged while in transit. Their availability and condition cannot be guaranteed. This includes loose parts visible in photos. All vehicles are sold as is. Some vehicles are described to run and/or drives. This description only means that the vehicle moved under its own power at the time of testing. However, Superauto does not guaranty the accuracy of ANY information provided on any vehicle. Moreover, additional and unforeseen damage (for example, undercarriage, mechanical, and other latent defects) may be found after you receive a vehicle.
It is the Purchaser’s sole responsibility to ascertain, confirm, research, inspect, and investigate a vehicle and any information regarding such vehicle prior to purchasing a vehicle from Superauto.
It is the Purchaser’s responsibility to contact its local DMV to find its state’s guidelines for titling and/or registering a salvaged and/or reconstructed vehicle. Superauto and its affiliates do not under any circumstances guarantee that a vehicle can be reconstructed, registered and/or titled in a particular state or country. Purchaser hereby waives any and all claims that it may have against Superauto as a result of its failure or inability to title and/or register any vehicle purchased from Superauto.
ALL VEHICLES ARE SOLD “AS IS – WHERE IS” ALL OFFERS ARE BINDING AND ALL SALES ARE FINAL.
SUPERAUTO’S DISCLAIMER AND REPRESENTATIONS
Superauto does not guarantee that any vehicle sold will meet or can be modified to meet local emission and/or safety requirements. It is the Purchaser’s sole responsibility to ascertain, confirm, research, inspect, and/or investigate whether a vehicle can meet or can be modified to meet local emission and/or safety requirements and/or be registered, licensed and/or titled in any state or jurisdiction.
Superauto is not responsible for any undisclosed and/or hidden damages not seen in the images including but not limited to removed or replaced parts, previous repairs, etc. Vehicles sold by Superauto are sold “AS IS” “WHERE IS” and are not represented as being in a road worthy condition, mechanically sound, or maintained at any guaranteed level of quality. The vehicles may not be fit for use as a means of transportation and may require substantial repairs at the Purchaser’s expense.
Superauto does not guarantee that any vehicle sold can be legally registered in any state or country, and Purchaser accepts all risks associated with variations in vehicle title and registration laws between states, provinces, and countries that may negatively impact the marketability of vehicles purchased.
AUTHORITY TO CONTRACT
Superauto will only provide its services to individuals or entities that can form legally binding contracts. Without limiting the foregoing, minors in any jurisdiction may not participate. Superauto reserves the right to review and verify the information provided by any purchaser and to, at its sole discretion, postpone or reject any proposed sale and purchase agreement.
NO REGISTRATION OR TITLE GUARANTEE
Superauto does not guarantee the quality, safety, condition, or the ability of any vehicle sold by Superauto to be titled, registered and/or operated on any highway or public road in any state of the United States or any other country, that is advertised for sale or sold by Superauto, and Superauto does not guarantee the accuracy of the information provided in the description of any vehicle advertised for sale on its website. Purchasers are encouraged to perform their own due diligence.
PURCHASER AGREES NOT TO HOLD SUPERAUTO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS OR AGENTS LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY PURCHASE OF ANY VEHICLE ADVERTISED OR SOLD BY SUPERAUTO.
INDEMNIFICATION
Purchaser hereby unconditionally releases Superauto, its directors, officers, employees and agents from claims, demands and damages, whether actual or consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Purchaser’s purchase of any vehicle or services from Superauto. Purchaser agrees to defend, indemnify and hold harmless Superauto, its affiliates, directors, officers, employees and agents to the fullest extent allowed under the law against any and all damages (whether direct, consequential or otherwise), claims, liabilities, costs and expenses incurred (including, without limitation, all reasonable fees), as a consequence of any purchase of any vehicle or services provided by Superauto, including without limitation, those arising out of any breach of any representation or warranty.
JURISDICTION, VENUE, GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah without regard to the conflicts of law provisions thereof. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled exclusively in the Third District Court, Salt Lake County, State of Utah. Purchaser hereby unconditionally and irrevocably submits him/herself to the personal jurisdiction of said court, and waive any objection to said jurisdiction and venue as forum non-convenient. Furthermore, Purchaser acknowledges and agrees that the sale and purchase of any vehicle and/or services from Superauto was consummated, made and performed in the State of Utah. In other words, any contract between Superauto and Purchaser and this Agreement were entered into and performed within the State of Utah.
SUPERAUTO’S DISCLOSURE PURSUANT TO UCA SECTION 41-1A-1005.3
“THIS DISCLOSURE STATEMENT MUST BE GIVEN BY THE SELLER TO THE BUYER EVERY TIME THIS VEHICLE IS RESOLD WITH A SALVAGE CERTIFICATE
DISCLOSURE STATEMENT
Vehicle Identification Number (VIN)
Year: Make: Model:
SALVAGE VEHICLE–NOT FOR RESALE WITHOUT DISCLOSURE
WARNING: THIS SALVAGE VEHICLE MAY NOT BE SAFE FOR OPERATION UNLESS PROPERLY REPAIRED. SOME STATES MAY REQUIRE AN INSPECTION BEFORE THIS VEHICLE MAY BE REGISTERED. THE STATE OF UTAH MAY REQUIRE THIS VEHICLE TO BE PERMANENTLY BRANDED AS A REBUILT SALVAGE VEHICLE. OTHER STATES MAY ALSO PERMANENTLY BRAND THE CERTIFICATE OF TITLE.
_________________________________________________________________
Signature of Purchaser Date”
SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible and the remainder of this Agreement shall continue in full force and effect.
DISCLAIMER OF WARRANTIES
THE VEHICLES AND SERVICES, PROVIDED AND/OR SOLD BY SUPERAUTO, ARE PROVIDED ON AN “AS IS,” “WHERE IS” BASIS. SUPERAUTO DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SUPERAUTO MAKES NO WARRANTY REGARDING ANY LISTED VEHICLE OR SERVICES PURCHASED OR OBTAINED THROUGH SUPERAUTO OR ANY TRANSACTIONS ENTERED WITH SUPERAUTO. NO ADVICE, INSTRUCTIONS OR INFORMATION RECEIVED BY A PURCHASER, WHETHER ORALLY OR IN WRITING, FROM SUPERAUTO SHALL CREATE ANY WARRANTY BY SUPERAUTO NOT EXPRESSLY MADE HEREIN. SUPERAUTO EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY LISTED VEHICLE SOLD ON OR THROUGH ITS WEBSITE.
NO IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE IS GIVEN BY SUPERAUTO, AND NONE SHALL ARISE BY OR IN CONNECTION WITH THIS AGREEMENT AND/OR SUPERAUTO’S CONDUCT IN RELATION HERETO, AND IN NO EVENT SHALL SUPERAUTO BE LIABLE ON ANY SUCH WARRANTY WITH RESPECT TO ANY VEHICLES OR SERVICES SOLD HEREUNDER.
Purchaser accepts all vehicles and services sold to it in accordance with this Agreement on an “AS IS” “WHERE IS” basis. Unless otherwise agreed in writing by Superauto, title and risk of loss will pass to Purchaser upon pickup at the origination point by carrier (F.C.A. Origin). Upon pickup of the vehicle, Purchaser shall release Superauto of any fault, and shall forfeit any rights to claims associated with the vehicle or the shipment of the vehicle purchased hereunder against Superauto.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SUPERAUTO, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (a) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY ANY VEHICLE OR SERVICES SOLD BY SUPERAUTO OR (b) DEFECTS IN SUCH LISTED VEHICLES OR SERVICES ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF WARRANTY. IN ADDITION, IN NO EVENT SHALL SUPERAUTO BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF ANY VEHICLE OR SERVICES SOLD BY SUPERAUTO INCLUDING WITHOUT LIMITATION ANY MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUPERAUTO OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL SUPERAUTO’S TOTAL LIABILITY TO A PURCHASER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT) EXCEED TEN PERCENT (10%) OF THE AMOUNT PAID BY THE PURCHASE TO SUPERAUTO IN CONNECTION WITH THE DISPUTED SALE.
The parties have agreed that the limitations of liability set forth will survive and apply even if any limited remedy specified in this Agreement is found to have failed its essential purpose.
WAIVER OF RIGHTS
The failure of Superauto to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. Any waiver of any right, provision, term or condition must be in writing, signed by our authorized representative, and will be effective only for the instance specified in the writing.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Purchaser and Superauto, and it supersedes any previous agreements, whether oral or in writing, between Purchaser and Superauto. Superauto may, at its sole discretion, remove or change any aspect of this Agreement. Any change to this Agreement will become effective at the time such change is posted to Superauto’s website. No notice will be provided to Purchasers regarding any change to the Agreement. Purchasers are encouraged to review the terms and conditions of this Agreement frequently to ensure that they are aware of any changes. Superauto will not be liable to the Purchaser for any failure to notify the Purchaser of a modification to this Agreement.
TITLES AND SUBTITLES
The titles and subtitles used in this Agreement are for convenience only and are not to be considered in construing or interpreting this Agreement.