TERMS AND CONDITIONS FOR NEW & USED CAR PURCHASES AND LEASES
CarVest LLC goes to the end of the earth to ensure a perfect buying experience. However, our service is only as good as those who serve us. While we indemnify our clients as a habit, CarVest cannot be held liable for mistakes and or shortcomings of dealerships including but by no means a comprehensive list of the possibilities however rare they are:
- Title delays
- Dealerships who do not handle out of state title and tag work
- Shippers who are generally 100% reliable but who get held up by acts of God or unexpected driver incompetence.
Please read the following terms and conditions carefully. These terms and conditions are a contract between you and CarVest LLC. By visiting our website at www.carvestllc.com or putting a deposit on services with CarVest LLC, you agree to be bound by these terms and conditions. The rights and obligations in your agreement with CarVest 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 CarVest LLC Services: When you place your order with CarVest 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. CarVest LLC inspectors do not use hoists or tools or dismantle the vehicles. The CarVest LLC service is a visual inspection of all reasonably accessible items only, and some problems may not be observable during the inspection. The CarVest 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 the inspector’s report, along with a package of photographs of the vehicle.
- CarVest LLC Service Limited to Inspection CarVest LLC coordinates inspection services only. While we are in the 99th percentile of thoroughness, CarVest 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. CarVest 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. CarVest LLC does not verify that the seller has the legal right to sell the vehicle. CarVest LLC is not responsible for any representations made by the seller or any other party. Though CarVest’s experts will and do ask 100’s of questions to ascertain the roadworthiness 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 CarVest 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 CarVest LLC inspection also does not act as a warranty or as an insurance policy on the vehicle’s condition nor does CarVest 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 CarVest 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, CarVest LLC does not agree to take any steps or actions affecting the vehicle’s condition at the time of the inspection. CarVest LLC will contact the seller and make all necessary accommodation to ensure 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 CarVest 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 CarVest LLC’s choosing in Fairfax, Virginia. 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 CarVest LLC’s intellectual property rights, CarVest LLC may seek injunctive or other appropriate relief in any state or federal court in the State of Virginia, 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 CarVest LLC’s services, shall be construed under the laws of the State of Virginia, and that any such action shall be instituted and prosecuted in either the federal or state courts located in the County of Fairfax, State of Virginia. Both you and CarVest LLC waive the right to seek a change of venue. Both you and CarVest 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 CarVest LLC’S LIABILITY IS LIMITED TO REFUNDING THE PRICE YOU PAY FOR THE CarVest LLC FACILITATED INSPECTION IN THE EVENT YOU ARE DISSATISFIED WITH CarVest LLC’S SERVICE, OR INJURIES OCCUR DUE TO AN UNREPORTED DEFECT IN THE VEHICLE.IN NO EVENT SHALL EITHER CarVest 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 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 CarVest 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 CarVest LLC Inspection Order Form. All communication to CarVest LLC shall be addressed to info@CarVestLLC.com or the address set forth in the Contact Us section of our website: CarVestLLC.com.
- Privacy At CarVest LLC, we care about our customers’ privacy. CarVest LLC’s collection and use of any information is described in and governed by the Privacy Policy (www.CarVestLLC.com/privacy) unless otherwise stated. By purchasing a vehicle through CarVest LLC you will be providing certain personal information to us. CarVest LLC will only share your information with our affiliates to carry out the intent of the service you purchased from us or to present you special offers and/or incentives from our affiliates. We will not share your information with an unaffiliated third party, unless we are required to do so by law.
- 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.