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BUYER TERMS AND CONDITIONS

Last updated on: May 23, 2010

In order to use eMotorsDepot.com website, you agree to be bound and accept the following Terms and Conditions. eMotorsDepot.com may modify these Terms and Conditions at any time and your access to or use of eMotorsDepot.com website after such modifications shall constitute your acceptance of such modifications. Privacy Policy for eMotorsDepot.com website is hereby incorporated into these Terms and Conditions by reference. PLEASE DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE WITH EMOTORSDEPOT.COM TERMS AND CONDITIONS OR PRIVACY POLICY. If you have any questions about this website or these Terms and Conditions, please contact eMotorsDepot.com at info@emotorsdepot.com.

BY REGISTERING WITH EMOTORSDEPOT.COM, THE CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT IT IS PURCHASING VEHICLES FROM ITS AFFILIATE DEALER.

GENERAL INFORMATION

eMotorsDepot.com solely provides marketing services and does not sell any goods described in any content on this website, such goods are offered for sale by independent third parties or affiliates of eMotorsDepot.com. The information provided on this website by independent third parties or affiliates of eMotorsDepot.com including but not limited to prices, availability and descriptions of vehicles is subject to change without notice by eMotorsDepot.com, independent third-parties, or affiliates of eMotorsDepot.com at any time.

I. DISCLAIMERS

A. Vehicle Condition and History Disclaimer

ALL VEHICLES ARE SOLD "AS-IS WHERE-IS".

All vehicles offered for sale are sold/bought "AS-IS WHERE-IS", WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. The term "Vehicles" shall mean all items posted for sale on eMotorsDepot.com website, including but not limited to cars, trucks, SUV's, motorcycles, boats, jet skies, industrial equipment, salvage cars, trailers, RV's, etc. eMotorsDepot.com and its affiliated dealers expressly disclaim and shall not be held responsible for the accuracy or completeness of any and all information presented on this website to Buyers regarding any motor vehicles listed on this website, whether presented in written, verbal, or digital image form of any kind ("Vehicle Information"). Vehicle Information presented on eMotorsDepot.com website provided by its affiliates or third parties is for your assistance only and you acknowledge and agree that you shall not base your decision whether to bid or how much to bid on any motor vehicle listed on this website solely on such information. Vehicle Information shall include but not be limited to the vehicle year, make, model, mileage or odometer disclosures, vehicle title, title history, vehicle identification number (e.g. VIN, HIN, and serial number), vehicle condition, repair cost, repair history, total loss history, actual cash value (ACV) and the amount and type of any vehicle damage, accessories, and driving capability. eMotorsDepot.com and its affiliated dealers expressly disclaim any and all representations, warranties, and guarantees for any vehicles purchased by you as a result of your access to and use of this website. eMotorsDepot.com and its affiliated dealers do not represent and warrant that keys shall be available for any vehicle sold and listed on this website, regardless of whether shown in the vehicle images or were present in the vehicle prior to the time of purchase. Certain jurisdictions permit vehicles to be sold with missing VIN plates, and as a result eMotorsDepot.com and its affiliates do not guarantee that vehicles are equipped with any or all VIN plates. eMotorsDepot.com and its affiliated dealers will not be responsible for any parts missing, regardless of whether shown in the vehicle images or were present at the time of purchase in vehicles sold through eMotorsDepot.com and purchased by you as a result of your access to and use of this website. eMotorsDepot.com and its affiliates do not guarantee that vehicles meet or can be modified to meet local emission and/or safety requirements. It is the sole responsibility of the Buyer to ascertain, confirm, research, inspect, and/or investigate vehicles and any and all Vehicle Information regarding the type, condition, status, and history of vehicles prior to buying the vehicle. Buyer agrees that vehicles are sold AS IS and are in no way represented as being in a roadworthy condition, mechanically sound, or maintained at any guaranteed level of quality. The vehicles may not be adequate for use as a means of transportation and may require substantial repairs at the Buyer's expense to make sure the vehicle meats the applicable jurisdiction safety requirements and is in drivable condition.

U.S. RESIDENTS: ALL SALVAGE VEHICLES MUST BE FULLY REPAIRED AND INSPECTED IN YOUR HOME STATE BEFORE THEY CAN BE REGISTERED AND DRIVEN ON THE ROAD. CHECK WITH YOUR LOCAL DMV.
DO NOT SUBMIT BIDS FOR THE VEHICLES WITH BILL OF SALE ONLY, JUNK TITLES AND CERTIFICATE OF DESTRUCTION.

B. Disclaimer of Warranties

The descriptions, pictures and other representations of items on this site may contain inaccuracies and/or errors. eMotorsDepot.com and its affiliate dealers do not make any warranty or representation with respect to the accuracy or completeness of any such information. The vehicles have not been independently verified or authenticated in whole or in part by eMotorsDepot.com or its affiliated dealers. eMotorsDepot.com does not warrant the accuracy or timeliness of the descriptions/pictures of vehicles that are purchased by our affiliated licensed dealers through services that are provided by eMotorsDepot.com, its affiliates or independent third parties. You hereby release eMotorsDepot.com and its affiliate dealers from any liability for any errors or omissions in the descriptions/pictures, whether provided by eMotorsDepot.com, its affiliates or independent third parties.

Access of or permission to access this website and the content present on this website is at your own risk and shall not constitute any representation or warranty regarding such website or content. This website and all content on this website is provided "AS IS" and "WHERE IS" basis with all faults, and eMotorsDepot.com, its affiliates and any third-party furnishing information, services, or any other content shall not have any liability for your reliance thereon. eMotorsDepot.com, its affiliates and any third-party furnishing information make no warranty or representation whatsoever, either express or implied, with respect to this website, the content of this website, or any products available for purchase from this website including quality, performance, merchantability, and fitness for a particular purpose or non-infringement. eMotorsDepot.com and its affiliates do not warrant the accuracy, completeness or reliability of the content provided on this website, nor that such content will be free from defect, error, mistake, or omission, nor against delays or interruptions of service during your access of the website. No advice or information, whether oral or written, obtained by you from eMotorsDepot.com and its affiliates or through or from using any services provided on this website shall create any warranty not expressly stated in these terms.

In no event shall eMotorsDepot.com and its affiliates be liable to either you or any third-party under or in connection with this agreement for damages of any kind (direct, indirect, special, incidental, punitive, exemplary, consequential or otherwise) arising out of your use of this website in any way even if eMotorsDepot.com and its affiliates were otherwise apprised of or should have known of such damages.

You hereby indemnify, release and hold harmless eMotorsDepot.com and its affiliates, and its officers, directors, employees, affiliates, agents, licensors, and business partners from any loss, liability, damage and expense (including attorney's fees) in connection with your use of this website and from any errors or omissions in any content provided on such website. You hereby indemnify, release and hold harmless eMotorsDepot.com and its officers, directors, employees, affiliates, agents, licensors, and business partners from any loss, liability, damage and expense (including attorney's fees) in connection with the violation of any law, regulation or the rights of any third party by your use of this website.

C. Registration Laws Disclaimer

eMotorsDepot.com and its affiliated dealers do not guarantee that any vehicle sold can be legally registered in any state or country, and Buyer 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 through eMotorsDepot.com website.

Terms Applicable To California Bidders:
Bidders residing in California and buying a salvage title vehicle must have smog, Brake and Lamp, VIN verification and if required a CHP inspection within 50 days of vehicle possession. Title and registration can then be issued and the sale consummated. Clean titles vehicles require smog only. California bidders must also pay any applicable state or local sales tax. Do not bid or buy cars that are to be junked or parted out. We do not have a dismantler's license, and can't sell cars that are to be junked or parted out. You could lose your car and your money. Also, do not bid on a straight Acquisition Only or Junk Titles. If the vehicle is listed with the California title type option "DLR/DSM GET CT/Salvage Certitificate ALL OTHERS ACQ",(Dealer and Dismantlers get Clean Title/Salvage Certificate, all others get Bill of Acquisition) then as a dealer, we can provide you with the clean title or salvage certificate. We suggest you contact your local DMV for specific registration and title requirements prior to bidding!

Terms Applicable To Non-California Bidders:
Non-California bidders are fully responsible for their residence state DMV requirements, inspections, and documents, and will only receive the current clean title, or salvage certificate, and/or bill of sale. Non-California bidders do not pay California sales tax, do not pay California DMV fees, and are not required to have any California inspections. Be advised that most states do not recognize a California Bill of Acquisition. You may not be able to title such a vehicle in your state. But, if the vehicle has the title option of "Acquisition, Dealers and Dismantlers get Salvage Certificate/ Clean Title", then as a dealer, we can provide you with the Salvage Certificate or Clean Title.

D. DMV/MVD/DOR Paperwork Disclaimers

eMotorsDepot.com and its affiliated dealers are not responsible for defects, errors, or omissions (i) related to motor vehicle department paperwork not processed by eMotorsDepot.com and its affiliated dealers, or (ii) made by DMV/MVD/DOR, or (iii) made by title clerk processing, or (iv) titles lost by mail.

II. SALE POLICIES

Any vehicles offered on this website are offered by licensed dealers or authorized retailers.

A. Sale Cancellation

Auction facility may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from sale. eMotorsDepot.com will neither have liability nor obligation to Buyers as a result of any vehicle withdrawal, or sale cancellation or postponement.

For any vehicle listed on this website an associated dealer of eMotorsDepot.com shall have the right to cancel or refuse any offers whether or not accepted by such dealer and whether or not any deposits or partial payments have been submitted in connection with such offers. In the event that you have submitted a deposit or partial payment in connection with any offer placed for a vehicle listed on this website and such offer has been refused or cancelled, upon request your deposit or partial payment shall be refunded in a timely manner or you can request for your deposit to remain in your account to use by you in making other deposits or partial payments for any future offers.

B. Vehicle and Title Release

eMotorsDepot.com and its affiliated dealers reserve the right not to release any vehicle or vehicle title for any reason. Vehicle will be released and reassigned title will be sent to the Buyer only after all required paperwork will be completed and signed by the Buyer and received by its affiliate dealers as specified in paperwork instructions. Under no circumstances title ownership will be assigned to a person or entity different than the registered Buyer.

C. Bids Entered

After the bid has been submitted, it cannot be retracted, deleted, or cancelled.

D. Vehicle Pickup

Buyer has five (5) business days free storage to pick up the vehicle immediately after the bid approval at the auction. All vehicles not picked up within five (5) business days of the date of sale from any auction facility will be charged a $20.00 per day storage fee by the auction for every day vehicle remains on auction's premises. Buyer acknowledges and agrees that if the vehicle is not picked up within thirty days from the date of sale, the vehicle will be considered abandoned and eMotorsDepot.com and its affiliated dealers will have the right to resell the vehicle even if it has been paid in full for. ALL VEHICLES MUST BE TOWED OR TRANSPORTED OUT OF AUCTION FACILITY (see section V. Shipping Procedures).

E. Risk of Loss

Buyer assumes all responsibility and all risk of loss for all the vehicles purchased from the time the affiliated dealer's bid is accepted by the auction facility on Buyer's behalf (the "Time of Purchase"). On and after the Time of Purchase, for vehicles purchased by you and located at an auction facility, Buyer acknowledges and agrees that the purchased vehicle shall be in a bailment where the auction is acting as the bailee for the Buyer's purchased vehicle until such time as the vehicle is removed from auction's premises. Under the terms of such bailment:

  1. eMotorsDepot.com, its affiliated dealer that purchased the vehicle on Buyer's behalf, and the auction facility itself shall not be liable for damage to or loss of the vehicle or parts thereof due to operational procedures in place while in storage at all auction facilities, from acts of theft, vandalism, or acts of God;
  2. eMotorsDepot.com, its affiliated dealers or the auction facility shall not be liable for any claim of damage to the purchased vehicle after such vehicle has been removed from the auction's facility, regardless of whether Buyer, or any person on Buyer's behalf such as Buyer's agents, employees, or representatives, pick up the vehicle. Buyer acknowledges and agrees that once the vehicle is removed from auction's premises it is accepted AS-IS and hereby indemnifies, releases and holds harmless eMotorsDepot.com, its affiliated dealers and auction facility for any claims of damage or loss of any kind or of any nature whatsoever.

Buyer acknowledges and agrees that once the vehicle is removed from auction's premises it is accepted AS-IS and hereby indemnifies, releases and holds harmless eMotorsDepot.com, its affiliated dealers and auction facility for any claims of damage or loss of any kind or of any nature whatsoever.

F. Import/Export

Buyer is responsible to comply with all applicable local and foreign laws and regulations regarding customs or import/export procedures for vehicles under foreign title including but not limited to payment of any customs inspection fees, import fees and/or providing proof of emissions compliance with any environmental regulations or requirements.

eMotorsDepot.com and its affiliated dealers make no representations or warranties that this website or the content on this website is appropriate or available for access or use by individuals or entities outside the United States. Unless otherwise explicitly stated, all content on this website is intended exclusively for access and use by individuals and entities in the United States. If you choose to access this website from outside the United States of America, you are responsible for compliance with all applicable local and foreign law, including but not limited to the export and import regulations.

III. MEMBERSHIP

A. Eligibility

eMotorsDepot.com does not provide this website or any of its services for the benefit of persons under 18 years of age or other individuals deemed by applicable law not to be able to form legally binding contracts. IF YOU ARE UNDER 18 YEARS OF AGE OR OTHERWISE NOT ABLE TO FORM A LEGALLY BINDING CONTRACT, PLEASE DISCONTINUE YOUR USE OF THIS WEBSITE. eMotorsDepot.com, in its sole and absolute discretion, shall have the right to deny or cancel membership privileges to any individual or entity, without notice, if any of these Buyer Terms and Conditions has been breached. IF YOUR ACTIVE MEMBER STATUS HAS BEEN TEMPORARILY OR PERMANENTLY REVOKED BY EMOTORSDEPOT.COM, PLEASE DISCONTINUE USING THIS WEBSITE.

B. Registration

To become a bidder, Buyer must complete a registration form on eMotorsDepot.com's website in order to place bids. Once you complete all the steps of the registration, you will be issued a user name and password granting you immediate access and bidding privileges.

C. Security Deposit

Security Deposits are $400.00 or 10% of the bid amount, whichever is greater. If a Buyer has the highest bid at the end of eMotorsDepot.com bidding time, we automatically notify Buyer via e-mail. Security deposit payments can be made by wire transfer, cashier's check, money order, PayPal (limited to $2,000), or credit cards (USA customers only). Security deposit must be received by the due date specified in the e-mail notification. If security deposit is not received by the specified time, Buyer's bid will not be presented by our affiliated dealer at the insurance auction and Buyer's account may be suspended. If you reside outside the United States and/or cannot make security deposit payment on time, arrange to prepay the security deposit before submitting your offer. Security deposit is fully refundable upon Buyer's request ONLY when a vehicle is not acquired by one of our affiliate dealers less any incoming/outgoing wire transfer fees, unless there is an outstanding balance in Buyer's account in which case the security deposit will be used to satisfy that balance. Security deposit is not refundable in the event Buyer fails to complete the purchase of a vehicle or the vehicle is not paid for by the time specified by eMotorsDepot.com. Allow up to thirty (30) days for all refund processing. In their sole and absolute discretion, eMotorsDepot.com and /or its affiliated dealers reserve the right to raise the security deposit for any Buyer for any reason.

D. Member Account

Buyers are responsible for all bidding activity in their member accounts. Buyer's account may not be transferred or assigned to any other person or entity. Buyer will be responsible for any and all bidding activity and charges incurred including any unauthorized use of the Buyer's account, membership I.D., or user name and password by someone else other than the Buyer until eMotorsDepot.com receives written notice from Buyer of such unauthorized activity.

E. Compliance

Buyers shall comply with all applicable laws, statutes, ordinances, and regulations regarding their use of eMotorsDepot.com services. Furthermore, Buyer's use of the eMotorsDepot.com website and services shall be Buyer's agreement to abide by all aforementioned applicable laws, statutes, ordinances, and regulations.

F. Membership Revocation

eMotorsDepot.com reserves the right to suspend or revoke Buyer's membership for any reason, at any time in its sole discretion without notice to the Buyer. Automatic suspension or termination of membership will occur for the following improper or unprofessional conduct including but not limited to: (a) allowing any third party through either non-electronic or electronic format to, copy, download, display, perform, reproduce, distribute, create derivative works from, modify, edit, alter or enhance any of the materials on this website in any manner; (b) creating Internet "links" to or from this web site or "frame" or "mirror" any of eMotorsDepot.com's content which is contained on or accessible from this website; and (c) allowing any third party to use this website or any website affiliated with eMotorsDepot.com or these materials in any manner that could damage, disable, overburden or impair any servers or networks used in hosting this website or interfere with any third party's use or enjoyment of this website. Furthermore, automatic suspension or termination of membership will occur for non-payment of contracted agreements or for any other reason eMotorsDepot.com or its affiliates deem applicable to membership. Buyer agrees that eMotorsDepot.com will not be liable to Buyer or any third-party for any termination of access to the eMotorsDepot.com website.

G. Release of Liability and Indemnification

Buyers irrevocably and unconditionally waive and release their rights (if any) to recover from eMotorsDepot.com, its affiliated dealers and auction facilities, their respective officers, directors, employees, affiliates, agents, licensors, subsidiaries, representatives, and business partners any losses, liabilities, expenses, or damages of any kind (direct, indirect, known, unknown, foreseen, unforeseen) related to or arising from bodily injury, property damage, or any other occurrence.

Buyers hereby indemnify, release and hold harmless eMotorsDepot.com, its affiliated dealers and auction facilities from any loss, liability, damage and expense (including attorneys' fees) arising from claims made by the Buyer for bodily injury, property damage or any other occurrence.

IN NO EVENT SHALL EMOTORSDEPOT.COM, ITS AFFILIATED DEALERS AND AUCTION FACILITIES BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES OF ANY KIND (DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR OTHERWISE) OR FOR ANY LOST PROFITS ARISING OUT OF OR RELATED TO THE SALE, DISTRIBUTION, USE OF OR INABILITY TO USE ANY VEHICLE, EVEN IF EMOTORSDEPOT.COM, ITS AFFILIATED DEALERS AND AUCTION FACILITIES WERE OTHERWISE APPRISED OF OR SHOULD HAVE KNOWN OF SUCH DAMAGES.

If you are a California resident, you waive California Civil Code Section 1542, which says: A general release does not extent to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.

H. Marketing/Promotional Materials

Buyers agree that any and all marketing and promotional materials received through the mail, e-mail and fax have been affirmatively requested to be received.

IV. BUYER PAYMENTS AND FEES

A. Payments for Vehicles

All payments for vehicles must be received by eMotorsDepot.com's affiliate dealer by wire transfer, cashier's check or money order by 3:00pm EST the second (2nd) business day following the date of sale. Credit cards can be used only to make security deposits and only by USA customers. If the payment is not received by 3:00pm EST the second (2nd) business day following the date of sale, a $100.00 per day late payment fee will be added to the price of each vehicle purchased. If you reside outside the United States and/or cannot make payment on time, either arrange to prepay the full amount before submitting your offer, or you may incur daily late fees. Non-payment of a vehicle within 7 business days of the date of sale will result in a loss of the full security deposit (see "Re-list Fees" section) and the auction facility will relist the vehicle. As soon as the payment is received and the Buyer takes possession of the vehicle, the Buyer becomes the legal owner of the vehicle. Buyer is responsible for transfer of ownership and registering the vehicle in Buyer's name. Any and all fees including but not limited to collection fees, court fees, and attorney fees resulting from Buyer's failure to transfer ownership and register the vehicle in Buyer's name will be the sole responsibility of the Buyer.

B. Transaction Fee

Buyer agrees to pay eMotorsDepot.com's affiliate dealer the following transaction fee for every vehicle purchased: $200USD for sale price range from $.01 to $4,999.99; $250USD for sale price range from $5,000.00 to $9,999.99; 3% of sale price of $10,000 and up. eMotorsDepot.com's affiliate dealer reserves the right to change the transaction fee at any time without notice to Buyer. Additional $55 USD documentation fee will be added to each transaction.

C. Storage Fee

Buyer has five (5) business days free storage to pick up the vehicle immediately after the bid approval at the auction. All vehicles not picked up within five (5) business days of the date of sale from any auction facility will be charged a $20 USD per day storage fee by the auction for every day vehicle remains on auction's premises. Buyer will be responsible for any storage charges that may accumulate from that day onward.

D. Relist Fees

In the event Buyer fails to complete the purchase of a vehicle or the vehicle is not paid for by the time specified by eMotorsDepot.com, Buyer agrees that eMotorsDepot.com may cancel the sale and the auction facility will relist the vehicle. Buyer agrees to pay a re-list fee of $400 USD or 10% of the sale price, whichever is greater. This fee will be taken from your pre-paid security deposit. Buyer is also responsible for any and all collection costs, including attorney fees, court costs and expert witnesses. Buyer agrees to verify relist fees and relist dates prior to bidding on vehicles. Bidding privileges will be suspended until payment in full has been received by eMotorsDepot.com's affiliated dealer. Any buyer that fails to complete the purchase of a vehicle will have his bidding privileges suspended or revoked at eMotorsDepot.com's sole discretion.

E. Application of Payments

Buyer payments will be applied in the following order: first towards any Buyer outstanding fees or balances in the Buyer's account, then towards payment of any vehicles purchased by the Buyer. No vehicles or vehicle titles will be released to the Buyer, unless all unpaid fees and balances are paid in full.

F. Dispute Resolution

Buyer agrees and acknowledges that all sale transactions with eMotorsDepot.com and its affiliate dealers are final and non-cancellable; therefore, no such credit card authorization may be revoked or be subject to "charge-back". Buyer agrees that any disputed fee will not be charged back to Buyer's credit card. Buyer must submit in writing any objection regarding disputed fees to eMotorsDepot.com and its affiliate dealer. eMotorsDepot.com and its affiliate dealer in their sole discretion shall determine the validity of Buyer's objection and will notify the Buyer of their decision. Should the Buyer disagree with the decision, Buyer agrees to mediate the dispute before litigation. Buyer agrees to indemnify eMotorsDepot.com and its affiliate dealer for any financial harm or any losses caused by Buyer's objections to fees that do not comply with this Agreement. Buyer will be held responsible for the reimbursement of any fees and losses incurred as a result of Buyer's failure to comply with any provision in these Terms and Agreement. Buyer expressly agrees that if Buyer pays by credit card, or demand debit, Buyer shall abide by the following statement: "I hereby authorize eMotorsDepot.com's affiliate dealer to initiate debit/credit entries to my bank deposit account or credit card." Buyer authorizes eMotorsDepot.com's affiliate dealer to debit outstanding fees from the account linked to Buyer's original form of payment.

G. Vehicle Previews

Buyers may preview vehicles at the auction facilities one day before the scheduled date of sale for a $25 fee.

V. SHIPPING PROCEDURES

A. Shipping options

WE OFFER NATIONWIDE TRANSPORTATION SERVICE AS WELL AS INTERNATIONAL CONTAINER SERVICE TO ALL MAJOR PORTS AT VERY COMPETITIVE PRICES.

Buyer can only pick up the purchased vehicle from the auction facility after the payment has been made and received by eMotorsDepot.com's affiliated dealer in full together with all the required paperwork (see section "Vehicle and Title Release"). Buyer acknowledges and agrees that with NO exceptions the purchased vehicle cannot be driven from the auction facility regardless of driving condition or status prior to state inspection and/or registration. ALL VEHICLES MUST BE TOWED OR TRANSPORTED OUT OF AUCTION FACILITY. Buyer must provide to eMotorsDepot.com's affiliated dealer a copy of the bill of lading or towing receipt.

Domestic or international buyers can either arrange their own shipping or appoint eMotorsDepot.com to ship the purchased vehicle through its affiliated transport company, AutoTransportJunction.com. Buyer agrees and acknowledges that eMotorsDepot.com and its affiliate transport company do not guarantee, but will use commercially reasonable efforts to make sure the purchased vehicle is picked up from the auction facility within five (5) days of the purchase date in order to avoid storage charges to the Buyer. However, if the pick-up of the vehicle is delayed whether buyers make their own shipping arrangements or appoints eMotorsDepot.com to ship the vehicle through its affiliated transport company, Buyer agrees to pay a $20.00 per day storage fee as required by the auction facility.

B. Paying for Shipping

Shipping cost and any other fees incurred by eMotorsDepot.com or transport company to ship the purchased vehicle for the Buyer including but not limited to: (1) any loading fee, (2) storage fee, (3) any documentation fees associated with exporting a vehicle, or (4) key service fee Buyer agrees to pay eMotorsDepot.com or transport company in advance. Buyer also agrees that domestic and/or international shipping fees cannot be guaranteed since they can fluctuate due to market or any other unforeseeable conditions.

C. Shipping Disclaimer

Buyer acknowledges that in no event shall eMotorsDepot.com or its affiliate transport company be liable to the Buyer for damages of any kind and agrees that eMotorsDepot.com and its affiliate transport company cannot guarantee that the vehicle will be delivered to the buyer's specified location in the same condition it was on the date of purchase or that the vehicle will be delivered within the specified time of delivery.
Buyers hereby agrees that eMotorsDepot.com and its affiliate transport company will not be liable or responsible for any delay in shipment, loss of keys, any damages to the vehicle, any missing vehicle parts or theft of any vehicle parts or the vehicle.
eMotorsDepot.com specifically rejects, with Buyer's consent, any responsibility for the vehicle after it has been picked up or delivered to Buyer's specified location.

VI. MISCELLANEOUS

A. Rules of Use

Subject to your understanding of and compliance with these terms and any additional terms provided by eMotorsDepot.com from time to time, eMotorsDepot.com grants you a non-assignable, non-sublicensable, limited, personal, non-exclusive and non-transferable license to access, use and display the materials provided by eMotorsDepot.com on this website solely on your personal computer only for your personal or internal business purposes and for no other purpose or in any other manner whatsoever. Except as otherwise provided in these terms: (1) you shall not, and shall not permit any third party to, copy, download, display, perform, reproduce, distribute, create derivative works from, modify, edit, alter or enhance any of the materials on this website in any manner; (2) create Internet "links" to or from this website or "frame" or "mirror" any of eMotorsDepot.com's content which is contained on or accessible from this website; and (3) you shall not, and shall not permit any third party to, use this website or these materials in any manner that could damage, disable, overburden or impair any servers or networks used in hosting this website or interfere with any third party's use or enjoyment of this website. Pictures and descriptions from this website cannot be reproduced on any other website. This limited license terminates automatically, without notice to you, if you breach any of these terms. eMotorsDepot.com may also terminate this license at any time without notice by ceasing to provide access to or removing the materials or content provided on this website. Immediately upon termination, you must destroy any information downloaded as well as any printed materials obtained from this website.

B. Translated Versions

The ENGLISH version supersedes all translated text located on our website. We do not guarantee accuracy in the translated (non-English) versions of descriptions, disclosures, etc. Translations have been provided solely for customer convenience.

C. Proprietary Rights

As between you and eMotorsDepot.com, you acknowledge and agree that eMotorsDepot.com, or third parties granting rights to eMotorsDepot.com and its affiliates, is the exclusive owner of all rights, titles and interests in and to all content on this website and all Proprietary Rights related thereto.
"Proprietary Rights" shall mean all copyright, patents, trademark, trade secret and other intellectual property and proprietary rights. No title or ownership of Proprietary Rights in and to the content on this website, or any component thereof, is transferred to you by your access or use of this website. You further acknowledge and agree that content presented to you through eMotorsDepot.com's service is protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws. Except as stated herein, you shall not copy, download, display, perform, distribute, modify, edit, alter, enhance or reproduce any copyright, patent, trademark or other proprietary or restrictive notice or legend contained in any of the content on this website.

D. Applicable Law and Choice of Forum

Any action related to these terms or your use of this website will be governed by the law of the State of California, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of this website. You hereby acknowledge and agree that any and all litigation related to eMotorsDepot.com and/or its affiliates shall be litigated only in the State of California Courts under the laws of the State of California.

E. Service of Process

Buyer consents to the service of process by certified or registered mailing of the summons and complaint to the most recent address provided by the Buyer to eMotorsDepot.com.

F. Severability

If any term or provision of this Agreement is found to be invalid, void, or unenforceable for any reason, such provision shall be struck and the remaining provisions shall be fully enforced and the balance of these terms or provisions shall not be affected in any way. You agree that this Agreement and all incorporated agreements may be automatically assigned by eMotorsDepot.com and its affiliates.

G. Integration

This Agreement is the entire and sole agreement of the parties hereto with respect to its subject matter. Buyer acknowledges that there have been no representations, warranties, or promises made to the Buyer outside of the Terms and Conditions.

Your use of this website is subject to these terms and conditions and shall be your agreement to abide by each of the terms provided above.

 

By checking this box I acknowledge that I read, understood and accept all terms and conditions of this website.

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