Elite Auto Squad Inc. Terms & Conditions (“Terms”)
PLEASE READ THESE TERMS CAREFULLY BEFORE SUBMITTING YOUR ORDER FOR ANY SERVICE. These Terms will apply to and govern and are incorporated by reference into orders you submit for Service(s). If you do not agree to these Terms, you may not order any Service from Elite Auto Squad Inc. a New York corporation ("EAS" or "us"). You acknowledge, accept and agree to be bound by the Terms below, which constitute a legal agreement (referred to as "this Agreement") between you and EAS.
By submitting an Order for EAS negotiating services (each type referred to as “Services”), you acknowledge that:
(b) you acknowledge you are at least 18 years of age; and
(c) YOU ACKNOWLEDGE THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT ORDER EAS’ SERVICE(S).
We may modify theses Terms from time to time. Amendments will be effective upon posting of such updated Terms at this location so you should review these Terms regularly as your continued use of our Services after such posting constitutes your consent to be bound by these Terms, as amended.
2. EAS’ Services
Our role is to try to save you money on the purchase of a new or used vehicle, or on the purchase of automobile repair services. We do this by using information you provide to us and our skillsets to negotiate, on your behalf, a price (called, the “Negotiated Price”) with a new or used car vendor, a mechanic, or a service provider (for convenience, each being referred to as a “Seller”). Our goal is to negotiate a price that is lower than the price quoted to you by the Seller (called, the “Total Asking Price” or sometimes quoted price) and having the Seller verbally commit to the Negotiated Price over a phone call with EAS. The components making up the Total Asking Price will be discussed with you in our initial consultation with you.
EAS will not be seeing or inspecting the vehicle you are interested in buying or are getting repaired and will rely entirely on the accuracy of information you provide to us when we negotiate with the Seller. EAS will be making a subjective opinion based on online material, and information you supply to us, or information otherwise available to us, in trying to negotiate a lower price than the Total Asking Price. In addition to inspection results that you may obtain and provide to us, such information may also include information provided verbally in conversation, any images or videos, and online material considered relevant in negotiating a lower price for the vehicle.
3. Your responsibilities are:
(a) You will meet with the Seller and come up with a Total Asking Price which is either:
(i) what the Seller informs you he is willing to accept for the vehicle to be purchased (including all items and accessories to be purchased and any fees on delivery and taking ownership), or
(ii) what the Seller is quoting you for parts or material and labor for repairs.
(b) Where you want us to negotiate a vehicle purchase, you are wholly responsible for determining the condition of the vehicle that you are interested in purchasing, including but not limited to mechanical safety and the condition of all parts or components of the vehicle which would affect the value of the vehicle. Any inspections that you obtain are at your cost. You are also accepting all risks related to the quality and accuracy of any inspection you obtain to determine these things. You acknowledge EAS accepts no responsibility for, or liability in relation to the condition of the vehicle. EAS will not be physically viewing or inspecting the vehicle. If you forward the inspection report to EAS, we will factor this information into negotiations with the Seller. However, EAS will be relying on the accuracy of any report or other information that you provide to us.
(c) Where you engage us to negotiate a better price for parts, materials and labor for repairs to your vehicle. By submitting an Order for negotiations for repairs, you are representing to us that you are the owner of the vehicle or are acting with the full authority of the owner, and that you have the power to make all decisions in regard to the acceptance of any repair deals we negotiate on your/owner’s behalf. You acknowledge EAS accepts no responsibility for, or liability in relation to the condition of the vehicle. EAS will not be physically viewing or inspecting the vehicle. If you forward the Seller’s inspection report to EAS, we will factor this information into negotiations with the Seller. However, EAS will be relying on the accuracy of any report or other information that you provide to us.
(d) You will complete all fields on the Order Form and EAS will be relying on the accuracy of such information provided by you. Please note the Order Form is subject to these Terms.
4. The Process
After one initial telephone consultation with us, if you wish to engage our Services, we will send you an Order Form to complete. The Order Form requires certain information, including your credit card details -however, the card will not be charged until or unless we have earned our Fee as described in section 5 below. Please note that by submitting the Order Form, you are irrevocably authorizing EAS to attempt to negotiate a lower price on your behalf. We will use the information about the vehicle which you provide to us to try and negotiate a lower price with the Seller (and to repeat, you take responsibility for the accuracy of that information regardless of who provided this- be it a mechanic or repairman, a dealer or vendor, an independent inspection service, or any other automotive-related establishment). When negotiations are complete, we will submit a brief report to you, stating the Negotiated Price we achieved, or reporting that the Seller was unwilling to negotiate a price lower than the Total Asking Price.
5. How are Fee is calculated and earned; Applicable Taxes on Services Performed
This section explains how our Fee is calculated. If the Negotiated Price is lower than the Total Asking Price, our Fee (the amount owing by you to EAS) will be 20% of the difference between the Total Asking Price and the lower Negotiated Price. This Fee plus applicable taxes thereon, will then be charged to your credit card that you provided to us.
If EAS is unable to reduce the Total Asking Price, then there will be no Fee charged to your credit card and your Order will be closed.
If the Seller refuses for any reason to sell you the vehicle at the Negotiated Price, but you nevertheless agree to pay the Seller a price less than the Total Asking Price, we will reduce our Fee to charge you 20% of the difference between the Total Asking Price and the price you finally agreed to pay the Seller for the same vehicle.
If, despite us negotiating a lower price, you decide against proceeding with the purchase of the vehicle or the repairs, the Fee will be refunded. To process a refund, EAS may ask for proof that you did not proceed with the purchase, including confirmation from the Seller that they are not doing business with you.
6. Disclaimers, Limits of Liability and Risk Allocation
(a) If, for whatever reason following our negotiation efforts, the Seller subsequently decides he does not want to sell you the vehicle, or conduct the proposed repairs, we are not responsible for the consequences to you of the Seller’s actions or decision. (For example, we are not responsible for you losing the opportunity to purchase at the Total Asking Price. Our sole liability to you in such a case will be to refund our Fee if it has been charged to your credit card.
(b) Our advice may be that a particular repair recommended by a Seller may be motivated by a desire on the Seller’s part to “upsell”. In such a case, it is entirely your decision whether to proceed with the repair or not. If you decide to do so, we will still attempt to save you money by negotiating. If you decide not to proceed with the repair, our sole liability to you in such a case will be to refund our Fee charged, if it has been charged to your credit card. However, we are not responsible for any losses you (or others operating your vehicle) may incur that might have been avoided had the repair been conducted. You will indemnify, and hold EAS, and its directors, officers, employees and contractors harmless, from any such damages or claims.
(c) A Seller’s price can change very quickly- for example, with car dealers, incentives and specials may be published very shortly after you purchase the vehicle, but they were not available or known of, at the time we are negotiating with the dealer. We will not be responsible to refund any portion of our Fee nor compensate you in any other way for the difference between the Negotiated Price you pay the Seller and the prices or deals subsequently offered after our negotiation Services are completed.
(d) OUR SERVICE IS ONLY NEGOTIATION, WHICH WE PROMISE TO PERFORM IN A PROFESSIONAL MANNER USING OUR BEST COMMERCIAL EFFORTS TO SAVE YOU MONEY. THE PERFORMANCE OF NEGOTIATIONS ON YOUR BEHALF AND THE RESULTS OF THESE NEGOTIATIONS ARE IN NO WAY TO BE UNDERSTOOD OR CONSTRUED AS ANY TYPE OF WARRANTY OF THE VEHICLE’S CONDITION. EAS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, QUALITY, FUTURE PERFORMANCE, SUITABILITY, SAFETY, FITNESS OR ANY OTHER CHARACTERISTICS OF ANY VEHICLE IN RESPECT OF WHICH OUR SERVICES HAVE BEEN ORDERED.
EAS IS NOT LIABLE TO YOU OR ANYONE CLAIMING THROUGH YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT RELATE TO ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR PURCHASE OF A SERVICE, OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. OUR MAXIMUM LIABILITY TO YOU AND YOUR SOLE AND EXCLUSIVE REMEDY WITH EAS, FOR ANY CAUSE OR CLAIM WHATSOEVER, IS EXPRESSLY LIMITED TO THE AMOUNT OF THE FEE PAID BY YOU FOR THE SERVICE ORDERED.
ONCE WE HAVE COMPLETED NEGOTIATIONS AND REPORTED BACK TO YOU ON THE NEGOTIATED PRICE, YOU ACKNOWLEDGE THAT WE HAVE NO FURTHER OBLIGATIONS TO YOU. YOU HEREBY RELEASE EAS, AND HOLD EAS, ITS SHAREHOLDERS, DIRECTORS, MANAGERS, EMPLOYEES AND AFFILIATES HARMLESS FROM ANY CLAIM FOR DAMAGES BASED ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OTHER PERSONS, ARISING FROM USE OF THE VEHICLE AFTER THE VEHICLE OR REPAIR SERVICES HAVE BEEN PURCHASED FROM THE SELLER, OR ANY EXPENSES, OR REPAIRS SUBSEQUENTLY REQUIRED TO THE VEHICLE, OR ANY LOSSES OF ANY KIND IN RELATION TO YOUR PURCHASE AND/OR USE OF THE VEHICLE, OR INABILITY TO USE THE VEHICLE, OR YOUR USE OR RELIANCE UPON EAS’ SERVICES AND ANY REPORT WE ISSUE TO YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT EAS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT OF THE FEE PAID FOR THE SERVICES ORDERED BY YOU.
7. Dispute Resolution – Arbitration and Governing Law
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the EAS Service (collectively, "Disputes") will be settled by binding arbitration between you and EAS in accordance with the Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules. Subject to any valid requirements of any applicable statute, any such arbitration shall be held in Nanuet, New York, YOU ACKNOWLEDGE AND AGREE THAT YOU AND EAS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and EAS otherwise agree in writing, the arbitrator may not consolidate more than one person's claims (e.g., one individual’s claims, one entity’s claims), and may not otherwise preside over any form of any class or representative proceeding. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. The award rendered by the arbitrator shall be final and binding, and judgment may be entered upon it at any court having jurisdiction. The arbitrator shall have the authority to award temporary, preliminary and permanent injunctive and equitable relief in the arbitration. Any arbitration hereunder will be confidential.
Notwithstanding anything to the contrary in this section, to the extent you have in any manner violated or threatened to violate
EAS’ intellectual property rights, EAS may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts.
8. Entire Agreement
These Terms, including those documents incorporated by reference into and deemed a part of this Agreement, are the final and integrated agreement between you and us on all matters referred to or contained in this Agreement.
Please contact us with any questions regarding this Agreement by emailing us at firstname.lastname@example.org.
Updated: September 28th, 2019