-
×
VEHICLE TO BE INSPECTED
1 x $0.00
Subtotal:$0.00
AUTOSPEKT LLC TERMS AND CONDITIONS
Please read the following terms and conditions carefully. These terms and conditions are a contract between you with Autospekt LLC (doing business as “Autospekt”). By visiting our website at www.autospekt.com or ordering an inspection with Autospekt, you are agreeing to be bound by these terms and conditions. The rights and obligations in your agreement with Autospekt are personal to you, and not transferable to another party. You must be at least 18 years old to order an inspection with Autospekt. If you are under 18 years old or if you do not agree to these Terms and Conditions.
1. Nature of Autospekt Inspections When you place your order with Autospekt, you are hiring us to evaluate the overall condition of the designated vehicle, based on what our inspectors can subjectively observe. Autospekt inspectors do not use hoists or tools or dismantle the vehicles. The Autospekt service is a visual inspection of all reasonably accessible items only, and some problems may not be observable during the inspection. The Autospekt 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.
2. Autospekt Service Limited to Inspection Autospekt performs inspection services only. Autospekt 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. Autospekt does not verify that the seller has the legal right to sell the vehicle. Autospekt is not responsible for any representations made by the seller or any other party.
3. Inspection Is Not An Insurance Policy or Warranty An inspection does not act as a warranty or as an insurance policy for any vehicle. You acknowledge and agree that if you purchase any vehicle inspected by Autospekt, you are fully responsible for all costs for repairs and maintenance on your vehicle, whether or not covered by any other insurance policy or warranty. You acknowledge and agree that the decision to purchase any vehicle remains your own responsibility and that you are responsible for determining whether a vehicle is under warranty or properly insured.
4. 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 Autospekt report is not a substitute for any safety or emissions inspection that may be required by applicable state laws. You acknowledge and agree that the Autospekt inspection does create any warranty for any vehicle you may purchase and that your right to recover for any defects in the vehicle, whether or not disclosed in the Autospekt report, is limited to any warranty the seller may offer.
5. Factors Affecting Inspections Autospekt 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 asrepainting 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, Autospekt does not agree to take any steps or actions affecting the vehicle’s condition at the time of the inspection. Autospekt strongly suggests that you contact the seller and make all necessary accommodations to ensure that the vehicle is as clean as possible and available in a suitable location for an inspection.
6. Resolution of Disputes – Arbitration
(i) 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 Autospekt must 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 must occur at a location of Autospekt’s choosing in Miami, Florida. The parties will 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 Autospekt’s intellectual property rights, Autospekt may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to exclusive jurisdiction and venue in
such courts.
(ii) 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 Autospekt’s services, are governed by the laws of the State of Florida, and that any such action must be instituted and prosecuted in either the federal or state courts located in the County of Miami-Dade, State of Florida. Both you and Autospekt waive the right to seek a change of venue. Both you and Autospekt waive the right to a jury trial in any such litigation.
7. LIMITATION OF LIABILITY ALL SERVICES FROM AUTOSPEKT 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, NONINFRINGEMENT, 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 CONSTITUTES 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 AUTOSPEKT’S LIABILITY IS LIMITED TO REFUNDING THE PRICE YOU PAY FOR THE AUTOSPEKT INSPECTION. IN NO EVENT WILL EITHER AUTOSPEKT 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 OR ANY VEHICLE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
8. Cancellation Once your order is placed, all sales are final. Autospekt may decline to undertake the requested inspection, in which case your prepaid inspection fee will be promptly refunded. However, you cannot cancel your order for a refund. 9. Unforeseeable Circumstances You agree that if Autospekt is prevented from the performance of the inspection or report due to circumstances or causes beyond its control, such as computer malfunctions, restrictive laws or regulations, labor disputes, or acts of God, Autospekt is excused from further obligations. Autospekt, in its sole discretion, may cancel such an inspection.
9. Unforeseeable Circumstances You agree that if Autospekt is prevented from the performance of the inspection or report due to circumstances or causes beyond its control, such as computer malfunctions, restrictive laws or regulations, labor disputes, or acts of God, Autospekt is excused from further obligations. Autospekt, in its sole discretion, may cancel such an inspection.
10. Refund Policy after Inspection Report If you believe there are inaccuracies in the inspection report, you must submit them to us (emailed to [email protected]) within seven (7) days for consideration of a refund, include pictures and specific details addressing the issue(s). Due to the complex mechanical nature of automobiles and factors that may affect their continued performance, all submissions must be received by Autospekt within seven (7) days of the report being delivered to you.
11. Endorsements Links provided from our website, autospekt.com, to another website, are not endorsements unless we expressly say so.
12. Taxes The listed inspection price on our website does not include sales, use, excise or any other applicable taxes. Such taxes, if any apply, will be added to
the cost of our service.
13. Contact Information All customer service communications to Autospekt must be addressed to [email protected].
14. Privacy At Autospekt, we care about our customers’ privacy. Autospekt’s collection and use of any information is described in and governed by the Privacy Policy (www.autospekt.com/privacy) unless otherwise stated. By purchasing a vehicle inspection through Autospekt you will be providing certain personal information to us. Autospekt 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 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.
15. Communications with Inspectors You agree to communicate only with Autospekt about your inspection and to not contact any inspector directly. If you attempt to contact the inspector without Autospekt’s consent, or attempt to remove Autospekt from the inspection process, Autospekt has the right to cancel the inspection and keep your payment.
16. 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.
17. 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 sectionand the remainder of the agreement will continue in effect.
18. No Third Party Inspections By purchasing a Autospekt inspection, you agree that you are purchasing the inspection for your own use and will not resell the inspection to third parties or use the inspection other than for your own evaluation of the vehicle being inspected.
Last updated: July 1, 2023
Leave a Reply