The following are the terms and conditions for use of our vehicle inspection service ("Service"). Please read them carefully. This service is provided to individuals who are at least 18 years old or minors who have parental permission to order a report. BY COMPLETING THE ORDER REQUEST FORM EITHER ONLINE OR VIA TELEPHONE, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF THE SERVICE ("TOS"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
"We/our/us" means Automobile Inspections LLC of Box 231171, Old State House Square, Hartford, CT. USA 06123. "Customer/you" means a customer of Automobile Inspections, LLC who places an order for a vehicle inspection.
1 Automobile Inspections, LLC hereby grants you a non-exclusive license to use this service for individual use of a personal nature. You may not : (1) modify, translate, or create derivative works based on the service, or permit other individuals to do so; (2) rent, lease, transfer or otherwise transfer rights to the service; (3) make copies of this report, or disseminate it any way without our express written permission.
2 Our vehicle inspections are prepared from visual and external checks only and are limited to the parts and/or items identified on the inspection report sheet. Vehicle inspections do not involve dismantling or disturbing of any structure, assembly, component or internal mechanism.
3 Items which are listed on the inspection report sheet, but which are not reasonably accessible on the checked vehicle will not be inspected. In such circumstances we will be under no obligation to inspect and/or report on the part/item in question and will mark the relevant section of the report accordingly.
4 Without prejudice to clauses 1 and 2 above, please note that amongst the items we do not check are:
(a) Oil or fuel consumption.
(b) Source of oil leaks
(c) Brake lining material.
(d) Brake fluid for contamination. (Brake fluid will deteriorate over a period of time and we advise that it be replaced as recommended by the vehicle manufacturer).
(e) Operation of cassette, compact disc players or other in car entertainment apart from a radio.
(f) Quality of sound or radio reception, alarm systems and non-standard accessories.
(g) Cylinder compression
(h) Vehicle electrics and electronics by the use of specific diagnostic equipment.
(i) The accuracy of in-car computer systems (for example, but in no way restricted to, computers used for route finding, fuel efficiency or otherwise).
(j) Exhaust emissions, using gas-analyzing equipment.
(k) Air conditioning function and efficiency by the use of specific diagnostic equipment.
(l) Originality of specific components or equipment save taking photographs of same, and engine and chassis numbers when clearly visible.
4.1 If you select the Basic report, our Motorcycle report or our Travel Trailer report, the inspector will be spending a total of approximately thirty minutes with the vehicle. If you select any of our other (or full) reports, the inspector will be spending approximately one and a half hours with the vehicle. The more time he has to investigate, the more issues he is likely to be able to identify. Our inspection can only describe and/or identify defects actually found and/or which are reasonably capable of being found upon external visual consideration of the vehicle at the time of inspection. We cannot be held and are not responsible for any latent defects, which are later discovered. (We cannot advise of defects if we cannot see them, or they are not apparent during inspection of the vehicle concerned). In particular please note that (without limiting the possibility to such vehicles) vehicles over 5 years old, those that have a high mileage or which have been subjected to abnormal use may have latent defects. Whilst such defects may, in appropriate circumstances, give rise to a claim against a vehicle supplier they fall outside the scope of our reports and our reports are provided to, and accepted by, customers on this basis.
4.2 Please note that the life expectancy of a brake, exhaust or clutch system is uncertain and difficult to predict. Without prejudice to clause 1 and clause 4.1 above, the fact that such items have not been identified as faulty on the report does not, and should not be taken to, imply that such a system will have a continuing life expectancy from the time of our check.
4.3 Information on values of vehicles of the same type and similar mileage may be made available, on request, after the inspection has been completed. Such information is provided from recognized third party sources.
4.4 Any estimates for value/repair/rectification given by the operative in connection with an inspection reflect the subjective opinion of the operative concerned and are given solely as a matter of goodwill. Customers should not rely on such estimates in making any decision with regard to the vehicle inspected; estimates should be verified by an appropriate appraiser/repairer.
4.5 In order for the underside of the vehicle to be properly inspected it MUST be placed on a lift. If no lift is made available at the time of the inspection,the inspector may make an attempt to get photographs and make observations in this area however, if you accept these comments and findings you do so at your own risk. Without the proper access issues may be overlooked.
5 Road testing is carried out within the immediate area of the vehicle inspection. The term 'Test-Drive' does not necessarily mean that the inspector will actually drive the vehicle himself. If the seller refuses to grant permission, the vehicle is not legal for use on the road or deemed unsafe, the inspector may at his sole discretion elect to observe from the passenger seat or not ride in the vehicle at all. If, due to circumstances outside of our reasonable control, a road test cannot be carried out at the time of inspection, the original fee shall remain fully payable and an additional $100 fee will be payable for any subsequent road test we are asked to undertake. The customer is required to confirm to us that the vehicle requiring an inspection is insured and has a current registration; we will not be obliged to carry out a test drive if the customer is unable to confirm that the vehicle concerned has a valid registration and is insured. The carrying out of a test drive does not mean that we have seen a valid registration certificate.
6 It is the customer's responsibility to, and the customer must, ensure that proper provision is made (including the obtaining of any necessary permission) for our inspection to be carried out on garage premises with a means of elevating the vehicle, or on an off-road site with adequate level hard standing. (We need enough room for our operative to be able to walk round the vehicle and fully open all doors. There must also be enough room for our operative to park his own vehicle close to the inspection site.) If, due to circumstances outside of our reasonable control, the subject vehicle cannot be safely elevated at the time of inspection, the underside may not be inspected at all and the original fee shall remain fully payable. Furthermore an additional $100 fee will be payable for any subsequent visits we are asked to undertake in order to complete this aspect of the inspection process.
7 All fees and charges must be paid by credit/debit card at the time of booking. In the event of cancellation by the customer we reserve the right to charge a cancellation fee unless you have cancelled the inspection per the terms set out in paragraph 7.4 below, the amount of which will be notified at the time of booking the check.
7.1 We also reserve the right to charge an abortive fee of $50 if, due to circumstances outside of our reasonable control, we are unable to carry out the inspection on arrival at the location (including, but not limited to, where this results from the customer's failure to make the arrangements referred to in clause 6 above).
7.2 Our Fee policies are available at www.AutomobileInspections.com and are incorporated by reference. We may change fees for our services from time to time. Our changes to the policy are effective immediately without notice of the changes by posting the changes on our web site. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service. All fees and charges shall, if applicable and at our discretion, be payable by deduction from any advance fee paid by the customer or otherwise shall be payable by the customer immediately upon receipt of our request for the same.
7.3 If for any reason you do not wish to proceed with the inspection you may cancel it at any time up until we physically arrive on site to perform the service (providing there is no additional mileage involved in your assignment). However, once we are on site you no longer have the right to cancel the inspection. If an additional mileage charge applies to your assignment, you may cancel it at any time up until 9am EST on the morning of the day the inspection is due to be performed. Further, you may not cancel the Title History Check element of the inspection service if applicable, since you will already have received this service. If you wish to exercise your right to cancel, please notify us in the following way: Assignments MUST be cancelled by telephone during normal business hours (9am-5pm EST M-F). Cancellations left on Voice Mail or sent via e-mail will NOT be accepted. You will receive an e-mail confirming the assignment has been cancelled and no charge will be applied to your card. If indeed your card has already been charged, you will receive a refund for the cost of the inspection within 30 days of our written notice of cancellation. If you have selected a Title History Check, we shall retain a sum equal to the cost of this service.
8 In the event of dissatisfaction please contact our customer service department on USA (860) 456 4048. We should be given the opportunity to re-inspect the vehicle and may need to do so to deal with the complaint.
9 We shall not be liable for any delay in performing, or any failure to carry out an inspection to the extent that such delay or failure results from events or circumstances outside our reasonable control.
10 We shall not have, in any event, any liability or responsibility for any loss of profits, economic loss, loss of business and loss of goodwill (in all these cases whether direct or indirect) nor for any indirect, purely economic or consequential losses incurred as a result of or in connection with any inspection (including any non-occurrence thereof), whether resulting from breach of contract, negligence, breach of statutory duty or otherwise.
11 Vehicle inspections are supplied solely for the use of the customer and are not for the use of, or to be relied upon by, any third party and the customer shall be responsible for advising any such third party accordingly. The completed report is a copyright protected document and making copies is strictly prohibited. The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Automobile Inspections, LLC and/or its respective suppliers may make improvements and/or changes in the Service at any time. Automobile Inspections, LLC does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. Automobile Inspections, LLC does not warrant or represent that the use or the results of the use of the Service or the materials made available, as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Automobile Inspections, LLC shall not be responsible for unauthorized access to or alteration of your data. Further, Automobile Inspections, LLC reserves the right to make changes to any and all parts of Automobile Inspections, LLC products at any time, without obligation to notify any person or entity of such changes.
12 For the avoidance of doubt, under no circumstances will Automobile Inspections, LLC be liable to any third party in contract, tort (including negligence) or otherwise for any loss (direct, indirect or consequential) which any third party may incur as a result of any information supplied by the inspection report.
13 You agree to defend, at your expense, any action brought against Automobile Inspection, LLC or it's parent company Buyer Services International, LLC arising out of your use of the service with any third parties or from your willful misconduct. You will indemnify us from any costs, damages and fees incurred by Automobile Inspections, LLC, which are attributable to such a claim.
14 If any part of these terms and conditions are held by a court of competent jurisdiction to be unenforceable the validity of the remainder of the terms and conditions will not be affected.
14.1 Attorney Fees: In any litigation, arbitration, or other proceeding relating to the subject matter of this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations relating to the subject matter of this Agreement, the prevailing party shall be awarded its reasonable attorney fees and costs and expenses incurred.
15 These terms and conditions are governed by the laws of the United States of America and the customer hereby irrevocably submits to the exclusive jurisdiction of the US courts and venue of courts in the state of Delaware, U.S.A. in all disputes arising out of or relating to the use of the service. Use of the service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
16 Title, ownership rights, and intellectual property rights in and to the Service shall remain with us. The Service and the intellectual property operating it are protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content, and code accessed through the Service is our property and may be protected by applicable copyright or other law. This License gives you no rights to such content or code. All contents of the Service are: Copyright (c) 2001-2013 Automobile Inspections, LLC and/or its suppliers c/o Automobile Inspections, LLC, P.O. Box 231171, Old State House Square, Hartford, CT 06123 USA. All rights reserved. Automobile Inspections, LLC products and services referenced herein are either trademarks or registered trademarks of Automobile Inspections, LLC.
18 This license will terminate automatically and no refunds will be given if you fail to comply with the limitations described above. Upon termination, you must remove Automobile Inspections, copyrighted material from your computer.
19 Automobile Inspections, LLC reserves the right to change its terms of service policy at any time without notification by posting an updated version of the policy on their web site. You are responsible for regularly reviewing the policy. Continued use of the service after any such changes shall constitute your consent to such changes.
20 This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under Delaware law as such law applies to agreements between Delaware residents entered into and to be performed within Delaware, except as governed by Federal law. U.S. Government Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Manufacturer is Automobile Inspections, LLC, P.O. Box 231171, Old State House Square, Hartford, CT 06123, and U.S.A.
For More Information
If you have any questions or comments about this agreement, our services, or your experience with Automobile Inspections, LLC, you can use the contact page on our site, or write to us at:
Automobile Inspections, LLC
Old State House Square
Hartford, CT 06123 USA