Terms of Service
Please read the following terms and conditions carefully. The acceptance of our terms and conditions shall be considered to be the only binding contractual agreement between the customer and the service provider. THIS CONTRACT shall define the terms and conditions regarding the performance of any and all vehicle inspection services, which are purchased through our website, including but not limited to, the use of the inspection report that is delivered to you, the customer.
1. THE AGREEMENT.
These Terms and Conditions are applicable to the CarzInspection Inspection Order Form (hereinafter referred to as, "Agreement"). Said Agreement contains the agreement, in its entirety, between the person paying for the inspection services ("you" or “Customer") CarzInspection® Inc., a division and wholly owned subsidiary of The Inspection Connection, Inc. This Agreement shall supersede any and all prior agreements between the customer and service provider, either written or oral. This Agreement shall not be changed, unless either party who has or submits changes, signs a written agreement, by which both parties agree to the said change. If any conflict between the parties arises, then the Terms and Conditions contained herein shall apply.
If any provision of this Agreement is deemed to be unenforceable or invalid for any reason, you agree that it will be ignored and the other parts shall remain and will be deemed to be applicable, enforceable and valid.
3. VEHICLES ELIGIBLE FOR INSPECTION.
CarzInspection will perform its standard inspection only on vehicles whose model year is no more than twenty nine years (Model year 1985) prior to the current model year. Vehicles that are more than twenty-five years old shall be deemed to be a classic car and will be automatically assigned to have a classic auto inspection performed. CarzInspection reserves the right to decline any inspection order at its sole discretion; in which event, any prepaid fee for the inspection will be promptly refunded to you.
4. PURCHASE DETAILS AND DISCLAIMERS.
The inspection process that you are purchasing from CarzInspection® is a custom tailored package, with years of input from field inspectors, as well as from customers, as to what they want and what is needed to confidently purchase a used vehicle. This input is comprised of many different components. The inspection process typically includes the subject vehicle being inspected by a pre-selected, trained and certified CarzInspection® independent contractor, or other agent. CarzInspection® inspectors are trained to evaluate the overall condition of the vehicle at the time the inspection takes place. The inspection report is based on what they observe during the inspection. CarzInspection® inspectors cannot dismantle a vehicle to see everything, but by carefully observing what can be seen or heard, our inspectors can give valuable insight about the overall condition of the vehicle. The inspection reports are subjective and are based on the inspector's opinion of the vehicle based on what is observed during the inspection. While our inspectors try to find all apparent problems, some problems may not be able to be observed during the inspection. Your CarzInspection® report will include all reasonably accessible items that allow the inspector to offer an informed opinion on the condition of a vehicle. Additional items may be inspected upon request. CarzInspection will make reasonable efforts to accommodate all requests, but does not guarantee that the additional items will be inspected. If the item is not mentioned in the inspection report, it was not inspected. CarzInspection® inspectors will make reasonable effort to complete a test drive during an inspection, but cannot guarantee that a test drive will be completed. CarzInspection will test drive the vehicle only if the adult seller allows us to, the seller agrees to accompany our inspector for the test drive, the seller shows us proof of motor vehicle insurance, and if driving conditions permit. This is not a safety inspection and you understand that CarzInspection does not perform the diagnostic tests that would be performed by an automotive mechanic. If a test drive is not possible due to an owner's refusal, unsuitable weather, lack of license plate or current registration or serious mechanical issues, the inspection report will still be completed. Test drives of certain exotic vehicles may not be possible, but our inspectors may request to ride along with the owner for a test drive. Your inspection report may indicate that a test drive was not possible, but if there is no reference to a test drive in the report, it was not conducted. The lack of a test drive due to any circumstances does not provide any remedy or recourse to the customer that ordered the inspection report. The CarzInspection® report 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, CarzInspection® recommends having an inspection completed as close in time to the potential purchase or sale. Changes might result from accidents, normal wear, latent mechanical problems or a variety of other unforeseen events, which may reduce the value of the vehicle. CarzInspection® is not liable for any changes that may occur after its inspectors have completed their inspection. Once the inspection is completed, you will receive a hyperlink sent to the e-mail address provided to us. This makes available to you a report of the vehicle’s identifying information, and depending on the inspection you purchase, physical cosmetic attributes, options, general condition, and a package of photographs. You will receive an inspection report that will reflect an evaluation of the numbered items listed on the CarzInspection® report at the time the vehicle is inspected. CarzInspection inspections and condition reports 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. Although our inspectors look at the vehicle in an unbiased, objective manner, many of the conclusions are subjective in nature based on the inspector’s input of information he/she observed and enters into our system. Because the report reflects the condition of the vehicle at the time of inspection, CarzInspection does not guarantee the accuracy of the report or its availability on the website beyond 30 days from the date it is posted. CarzInspection® offers its services "as is", “where is” without any representations or warranties. CarzInspection® makes no representations as to any vehicle's design, compliance with any manufacturer specifications, operation, mechanical condition or safety of any vehicle inspected or any components parts. This report also shall not be construed as a substitute for any safety and/or emissions inspection that is required by any and all applicable state laws. CarzInspection® shall only be held responsible for any services that we directly provide to you. We make no representations or warranties of any kind with regard to any services provided by any other provider of additional goods and/or services marketed via this website.
5. LIMITATION OF LIABILITY.
If you purchase a vehicle inspection from CarzInspection® you agree that the aggregate liability of Inspection Connection and its stockholders, members, partners, directors, managers, officers, employees, agents and Affiliates (each, a "Inspection Connection Party" and collectively, the "Inspection Connection Parties") to you or any of your family members or passengers in the subject vehicle for any action, damage, claim, liability, cost, expense or loss in any way arising out of or related to any vehicle inspection purchased from CarzInspection®, and/or out of other services provided by Inspection Connection or any Affiliate shall be limited to (please note that it may not be more than, but can be less than) the fees paid by you to CarzInspection® pursuant to this Agreement. In no event shall any of the Inspection Connection Parties be liable to you or any family member for consequential, exemplary, special, direct, indirect, incidental or punitive damages, including, without limitation, lost profits or opportunity costs even if any or all of the Inspection Connection Parties were notified of the possibility or likelihood of such damages occurring. The provisions of this section shall apply regardless of the form of action, damage, claim, liability, cost, expense or loss, whether in contract, statute, tort (including, without limitation, negligence). In jurisdictions that prohibit the exclusion or limitation of liability for consequential, incidental or other damages, the liability of each Inspection Connection Party is limited to the greatest extent permitted by law. Just to be clear, if we messed up something the most you could get back or hold us liable for is what you paid us.
6. ADDITIONAL INFORMATION.
If you attempt to contact the inspector to do an inspection without Carz Inspection consent, or you attempt to remove Carz Inspection from the inspection process, Carz Inspection has the right to cancel the inspection, not preform the inspection, and keep the funds.
7. BUYER ALERT.
Please be aware that you are purchasing an inspection from an independent third party. CARZINSPECTION® does not advise the buyer in any way, with regard to the value of any vehicle, authenticate its origin, or verify its ownership or any and all liens and encumbrances that may exist. We also do not provide advice as to whether your sale or purchase is the right transaction for you, the buyer. CarzInspection® will provide you with all of the information you need to make a well informed purchase. CARZINSPECTION® inspectors do not review the owner’s manual or maintenance records, however, the registration and vehicle identification number may be viewed to properly identify the owner of the vehicle. However, we in no way verify that the person purporting to be the owner of the vehicle has the absolute legal right to sell said vehicle.
If you change your mind about your inspection purchase and notify us (See the “CONTACT INFORMATION” section below) within (4) hours after receiving your order confirmation, we will credit you with a full refund of the amount you have paid us. If you change your mind about your inspection purchase and notify us later than (4) hours after your order confirmation, but before your inspection is performed, we will credit you with a refund equal to the amount you paid us less a cancellation fee of $29.95. If you attempt to notify us after the inspection has been performed, there will be NO REFUNDS. If the car sells prior to the inspection being performed, we will issue you a credit to be used for another inspection, at your discretion. In this situation, there will be NO REFUND, only a credit to be used at a later date.
8. 100% CUSTOMER SATISFACTION GUARANTEE.
It is agreed that as the person binding this contractual agreement with CarzInspection you are the only party that may be entitled to bring any suit or any other formal legal action against us regarding the inspection report or our services. Furthermore, it is agreed that any potential liability regarding the CarzInspection® report shall be limited to the refund of the fee. In no event shall the liability of CarzInspection, its employees, officers, directors, partners, agents and affiliates exceed the amount of the fees paid by you to CarzInspection. Prior to taking any formal legal action against CarzInspection or Inspection Connection or any of its Affiliates as a result of your purchase of a vehicle inspection report from us, you agree to provide us with written notice of our alleged breach of the Agreement and you agree to give us at least 30 calendar days to try to reasonably satisfy you. Our ultimate goal is to have 100% satisfied customers.
9. CONTRACTUAL DISPUTE RESOLUTION.
Any and all questions concerning the construction, validity, and interpretation of this Agreement and the performance of the obligations imposed by this Agreement are governed by the laws of the State of Minnesota In the unlikely event that we have a disagreement over the services purchased from our website, any claim will have to be brought in the United States District Court for the Southern District of Minnesota, located in County, Minnesota or, if federal jurisdiction is not available, in the appropriate court of the State of Minnesota that is located in Goodhue County, Minnesota. The parties hereby irrevocably consent to the jurisdiction of the aforementioned courts. In addition, and notwithstanding the foregoing, you voluntarily and knowingly waive, to the fullest extent permitted by law, any objection that you have now or may have later to the venue of a lawsuit, action or proceeding brought in any such court and that you feel that the court we just agreed to is an inconvenient location. Final judgment or order by such court shall be conclusive and binding upon you and may be enforced in any court in which you are subject to jurisdiction by a suit upon such judgment.
10. WAIVER OF TRIAL BY JURY.
Each party agrees to expressly waive their respective right to a jury trial in any court action or proceeding that occurs related to the terms and conditions of this Agreement.
11. INSPECTION REPORT OWNERSHIP.
The CarzInspection® report, including all data and images are the joint property of Inspection Connection and you. Inspection Connection will not be liable to anyone with whom you share the report unless that person separately pays CarzInspection for the inspection report prior to receipt of the report.
12. INTELLECTUAL PROPERTY.
The website www.CarzInspection®.com, including all its content, trademarks, and graphic images, unless expressly stated otherwise, is protected by copyright, trademark and all other applicable laws regarding intellectual property. The software surrounding the site is licensed exclusively for use by and shall solely be used by Inspection Connection, Inc. The actual site is owned by Inspection Connection, Inc. Said site property shall include but not be limited to, any and all rights, title, and interest in it. Nothing in these Terms and Conditions transfers any rights to you or any third party. The information on www.CarzInspection®.com is intended to provide you with information about our inspection services and other vendors’ products that we may select from time to time; the site may not be used for any other commercial purposes.
Any links that are provided on our site; www.CarzInspection.com to another website, does not in any way imply that we are endorsing that company’s product and/or services unless we expressly say so. CarzInspection® shall not be responsible for the products or services, functionality, or use of any website other than our own.
14. UNFORESEEN BUSINESS CIRCUMSTANCES (FORCE MAJEURE).
In the event CarzInspection® shall be delayed or prevented from, the performance of its obligations because of telecommunications or connectivity failure, computer malfunctions, restrictive governmental laws or regulations, a labor dispute, industry disturbance, fire, unusually severe weather conditions, riot, insurrection, war, threat of or act of terrorism, act of God or any circumstance or cause beyond the control of CarzInspection® in the reasonable conduct of its business, then they are excused from performing its obligations under this Agreement. CarzInspection®, in the event of exercising the Force Majeure clause shall only by liable to refund the full amount of the inspection fee to the customer.
The listed inspection price on our website does not include sales, use, excise or any other applicable ad valorem taxes. Such taxes, if any and if applicable, according to various state and/or federal laws shall be added to your purchase price.
16. CONTACT INFORMATION.
All notices, requests, demands, compliments, or other communications given under this Agreement shall be in writing and shall be deemed duly given and received by CarzInspection® (a) seven days after being sent by certified or registered mail return receipt requested, postage and charges pre-paid; (b) one business day after being sent by express overnight delivery by a national carrier; (c) upon being transmitted by facsimile to the party to whom it is directed so long as the sender retains the confirmation copy indicating that the facsimile was received by the party to whom it is directed; or (d) upon actual delivery if sent by electronic mail or any other electronic means (electronic mail or any other electronic means shall constitute a writing for purposes of this Agreement). All communication to you shall be addressed at the address you put on the CarzInspection® Inspection Order Form, and to CarzInspection or Inspection Connection shall be addressed to help@CarzInspection.com or the address set forth in the Contact Us section of www.CarzInspection.com.
The failure of CarzInspection to enforce any provision of this Agreement shall not be construed as a waiver or limitation of its right to subsequently enforce and compel strict compliance with that provision or any other provision of this Agreement.
19. CONTACT INFORMATION PROVIDED.
All captions and headings in this Agreement are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of this Agreement. Inspection Connection reserves the right to change these Terms and Conditions from time to time, at is sole discretion and without further notice to you, the customer.
Terms and Conditions last updated: November 4, 2013
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CarzInspection® is a registered trademark of Inspection Connection, INC.