Website Terms of Sale
This document sets forth the terms and conditions (the "Terms and Conditions") with respect to the sale of any vehicle (the "Vehicle") by you (the "Customer" or "you") to Newell Direct LLC ("Newell"), owner of this website www.newellcarsdirect.com (the "Website"). The Terms and Conditions govern the Vehicle valuation and purchase services provided by Newell (collectively, the "Services") and the Services and any proposed Vehicle purchase/sale transaction (a "Transaction") are subject to these Terms and Conditions. Therefore, purchase by Newell of the Vehicle is deemed acceptance of the Terms and Conditions whether or not you have acknowledged these Terms and Conditions. If you wish to vary any of the Terms and Conditions, you must notify Newell in writing before initiating a Transaction. This Agreement is supplemented by Newell's Website Usage Agreement and the Website Privacy Agreement.
VEHICLE VALUATION PROCESS
- To begin the Transaction process, you must visit the vehicle valuation page on the Website and have your Vehicle valued by completing the online valuation process (a "Vehicle Valuation").
- To obtain a preliminary value for your Vehicle (the "Preliminary Vehicle Value") you will be required to provide contact information and certain information about the brand, model, age, type and condition of, and equipment on, the Vehicle (the "Vehicle Specs").
- After providing the Vehicle Specs for your Vehicle, a Preliminary Vehicle Value will be provided to you on the Website followed by an e-mail that will contain your Preliminary Vehicle Value.
- The Preliminary Vehicle Value is not legally binding upon Newell until all of the Terms and Conditions to the Transaction set forth herein are met which terms include a final visual inspection of the Vehicle and confirmation of its condition. Newell reserves the right to withdraw the Preliminary Vehicle Value at any time without legal consequence and without liability until such time as all of the Terms and Conditions to the Transaction are satisfied.
- The Preliminary Vehicle Value quoted in the Vehicle Valuation is in U.S. dollars.
- Each Preliminary Vehicle Value is provided in good faith and is derived from the Vehicle Specs that you have provided, from third party data and from information about the Vehicle location. The provision of inaccurate, false or misleading Vehicle Specs will result in an inaccurate Vehicle Valuation.
- If you believe an error has occurred in the Vehicle Valuation process, Newell will rectify the Preliminary Vehicle Value as soon as reasonable practicable after you notify Newell of the potential error. You acknowledge and agree that Newell has no liability whatsoever for any mistakes or errors caused by system failures, incorrect Vehicle Specs or data from third party providers.
VEHICLE PURCHASE PROCESS
- Newell will send a towing or transport service (the "Tow Agent") to your location to inspect the Vehicle for conformity with the Vehicle Specs and, if confirmed and approved, will transport the Vehicle to a Newell Collection Yard.
- If you are transporting your vehicle to one of the Newell locations identified on the Website (a "Newell Collection Yard"), a Newell representative (a "Newell Representative") will inspect the Vehicle for conformity with the Vehicle Specs.
- Approval; Delivery of Transfer Documents.
- After inspection of your Vehicle you will be informed as to whether the Preliminary Vehicle Value has been approved.
- The Preliminary Vehicle Value may not be approved if, for example, the Vehicle does not fully comply with the Vehicle Specs, the condition of the Vehicle is unsatisfactory or there are other relevant factors not disclosed in the Vehicle Specs that affect the value of the Vehicle. If rejected, the Newell Representative or Tow Agent may counteroffer by presenting to you for your consideration a revised Vehicle value (a "Revised Vehicle Value"). If no counteroffer is presented or you reject the Revised Vehicle Value, then the proposed Transaction will terminate and neither party will have any liability to the other.
- If both parties approve the Preliminary Vehicle Value or, in the case of a counteroffer, the Revised Vehicle Value (the "Final Vehicle Value"), you must deliver the following documents (the "Transfer Documents") to Newell in order to complete the Transaction
- A completed and signed Bill of Sale for the Vehicle, a form of which will be provided for your execution; and
- The Certificate of Title for the Vehicle which you will be asked to endorse over to "Newell Direct LLC".
- If a Certificate of Title is not available for the Vehicle there may be alternative documents accepted by the State in lieu of the Certificate of Title. A Newell Representative can advise you of any such documents.
- Payment. Upon delivery of the completed Transfer Documents to the Newell Representative or Tow Agent and satisfaction of any other conditions to the Transaction, you will be given a check for the Final Vehicle Value (the "Purchase Price").
- Personal Property; Risk of Loss. Upon completion of the Transaction you will be asked to remove any remaining personal property from the Vehicle. Risk of loss and title to any personal property left in the Vehicle will pass to Newell at the time that you execute and deliver to Newell the Transfer Documents and you receive payment of the Purchase Price.
You make the following warranties regarding the Vehicle and the Transaction. Newell reserves the right to reject a vehicle for any reason whatsoever including, without limitation, breach of any of the following Customer warranties, any environmental or safety concerns regarding the vehicle or if any of the original or replacement parts have been removed from the vehicle.
- You are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to the terms of sale with respect to the Transaction
- All of the Vehicle Specs that you supplied during the Vehicle Valuation process are accurate, true and complete and the vehicle contains and has intact all original parts or replacement parts for the original parts
- You are the legal owner of the Vehicle and have the right to transfer the full unencumbered legal title and full ownership of the Vehicle to Newell and no other person has any claim to the Vehicle whether legal, equitable, possessory or otherwise
- The Vehicle is not subject to any liens, securities interests or other undisclosed interests (an "Adverse Interest"). It is your responsibility to disclose to Newell any existing Adverse Interest in the Vehicle. Newell will not purchase any Vehicle that is subject to an Adverse Interest
- Except as otherwise disclosed to Newell, to the best of your knowledge and belief, the Vehicle has not been subject to an insurance write-off or involved in any other serious accident or event (flood, fire etc.) that required substantial repairs
- The Vehicle does not contain any "hazardous substances" as that term is defined under federal, state and local law.
DISCLAIMER OF WARRANTIES; WAIVER AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOUR USE OF THIS WEBSITE AND THE SERVICES PROVIDED HEREIN AND YOUR RELIANCE UPON THEM IS AT YOUR SOLE RISK. ALL INFORMATION ON THIS SITE IS PROVIDED TO YOU ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT WARRANTIES OF ANY KIND AND NEWELL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND OTHER VIOLATIONS OF RIGHTS. NEWELL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, VALIDITY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS WEBSITE OR ANY SITES LINKED TO THIS SITE.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT NEWELL WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE AND THE SERVICES PROVIDED HEREIN. YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST NEWELL ARISING OUT OF YOUR USE OF THIS WEBSITE OR THE SERVICES PROVIDED HEREIN.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS NEWELL FROM AND AGAINST ANY AND ALL SUITS, CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE AND THE SERVICES PROVIDED HEREIN, EXCEPT WHERE SUCH SUITS, CLAIMS, DAMAGES, COSTS AND EXPENSES ARISE SOLELY FROM NEWELL'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
In the event of a dispute between you and Newell, the parties shall attempt to resolve said dispute by good faith negotiation and mediation. If the dispute cannot be so resolved, either party may submit such disagreement to binding arbitration by serving a demand for arbitration on the other party. Any arbitration action shall be administered by and in accordance with the rules for commercial arbitration of the American Arbitration Association (the "AAA") or a similar organization, subject to the provisions of the applicable state's arbitration act or code, if any, and the substantive laws of the United States of America. The arbitration shall be conducted before a single arbitrator selected by mutual agreement of the parties or, if they cannot agree, by the AAA. The parties expressly waive their right, if any, to a trial by jury of these claims and further agree that the award of the arbitrator shall be final and binding upon them as though rendered by a court of law and shall be enforceable in any court of competent jurisdiction. Each Party shall be obligated to fulfill its obligations hereunder in full during the arbitration proceedings described herein. The prevailing party shall be awarded all of the filing fees and related administrative costs. All administrative and other costs of enforcing and collecting an arbitration award, including, without limitation, reasonable attorney's fees will be added to, and become a part of, the amount due pursuant to this Agreement. An arbitrator's decision may be entered in any jurisdiction in which the party has assets in order to collect any amounts due hereunder.
GOVERNING LAW AND VENUE
This Agreement, the entire relationship between you and Newell, and any litigation or other legal proceeding between you and Newell (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its choice of law rules. This contract is fully performable in Fulton County, Georgia
This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.
This Agreement may be changed only by a written document signed by both parties.
Neither Party shall be deemed to be in default of any provision of this Agreement or be liable for any delay, interruption or failure of performance of any of its obligations hereunder including the provision of Services resulting, directly or indirectly, from any unforeseen or force majeure event.
NO THIRD PARTY BENEFICIARIES
There shall be no third party beneficiaries to this Agreement.
If any the terms herein is prohibited by law or found to be unlawful, void or otherwise unenforceable, such provision shall, to the extent required by applicable law, be severed from this Agreement. The remaining terms and conditions shall not be changed or modified and shall continue in full force and effect.
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