Pre-Purchase Inspection Terms and Conditions
Please read and understand the following terms and conditions. It is your responsibility as the customer to understand what a Pre-Purchase Inspection entails and what is required from you.
These terms and conditions are a contract between you, the paying customer, and Martin Autoworks LLC. By visiting our website at www.martinautoworksllc.com, calling or emailing to schedule an inspection with Martin Autoworks LLC, you are agreeing to be bound by the following terms and conditions. The rights and obligations to the information contained in the inspection provided by Martin Autoworks LLC are specifically for you solely and entirely. This agreement and the information it contains will become null and void if sold or transferred to another party as a means providing an inspection of a vehicle. You must be at least 18 years old to order an inspection with Martin Autoworks LLC.
1. Nature of Martin Autoworks LLC Inspections
When you enter into an agreement to have an inspection performed by Martin Autoworks LLC, you are hiring us to evaluate the overall condition of the designated vehicle, based on what our inspectors can subjectively observe. Martin Autoworks LLC’s service is a visual inspection of all reasonably accessible items. Vehicles can suffer from issues or problems that may not be observable during a typical inspection, and therefore may not be noted. Some vehicles may require disassembly to perform some services or checks as requested by you. In these cases, special arrangements will be made outside of a Standard or Hot-Rod agreement. The owner of the vehicle will be required to give written consent to allow dismantling of any part of the vehicle to have the operation performed by Martin Autoworks LLC. The Martin Autoworks LLC inspector will attempt to start, perform system checks and test drive the vehicle, but if this is not feasible, the checks and test drive will not be performed. While as much of the designated inspection will be completed as possible, sometimes forces beyond our control will keep us from completing every section of the inspection. No discounts are given if we for reasons beyond our control are not allowed to complete our inspection. Once the inspection is completed, you will receive a document detailing our report, along with a package of photographs of the vehicle.
2. Martin Autoworks LLC’s Service is Limited to Inspection
Martin Autoworks LLC performs inspection services only. Unless stated plainly before an inspection is scheduled, Martin Autoworks LLC 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. Martin Autoworks LLC does not verify that the seller has the legal right to sell the vehicle in any state, or that the vehicle is legal to operate in any state. It is up to the customer to ensure that vehicle in question is legal for them to own, register and operate in their chosen state. Martin Autoworks LLC is not responsible for knowing the law of a chosen state or for translating, interpreting, or explaining laws pertaining to operating motor vehicles in any state or country. Martin Autoworks LLC is not responsible for any representations made by the seller or any other party to the prospective buyer or to anyone.
3. A vehicle 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 Martin Autoworks LLC, you are fully responsible for all costs for repairs and maintenance needed on said vehicle at any time, whether they are noted in an inspection report. 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 Martin Autoworks LLC 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 Martin Autoworks LLC inspection does create any warranty for any vehicle. You understand that a used vehicle can have or begin to experience issues that cannot be observed or foreseen with an inspection and that Martin Autoworks LLC is not held liable for issues that occur with the vehicle at any time before, during or after inspection.
5. Factors Affecting Inspections
Martin Autoworks LLC 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 as repainting and body work difficult to detect with the naked eye. For the most accurate inspection report, the vehicle must be clean and dry. The inspection should be able to take place in a well-lit location. However, Martin Autoworks LLC does not agree to take any steps or actions affecting the vehicle's condition at the time of the inspection. Martin Autoworks LLC 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. Martin Autoworks LLC is not responsible for cleaning the vehicle in any capacity. Damages sustained to the finish of the vehicle from removal of dirt and debris etc. necessary to complete an inspection, such as scratches or paint chipping, are not the responsibility of Martin Autoworks LLC.
6. Resolution of Disputes - Arbitration
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 Martin Autoworks LLC 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 Martin Autoworks LLC's choosing in Mesa, Arizona. 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 Martin Autoworks LLC's intellectual property rights, Martin Autoworks LLC may seek injunctive or other appropriate relief in any state or federal court in the State of Arizona, and you consent to exclusive jurisdiction and venue in such courts.
7. 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 Martin Autoworks LLC's services, are governed by the laws of the State of Arizona, and that any such action must be instituted and prosecuted in either the federal or state courts located in the County of Maricopa, State of Arizona. Both you and Martin Autoworks LLC waive the right to seek a change of venue. Both you and Martin Autoworks LLC waive the right to a jury trial in any such litigation.
8. LIMITATION OF LIABILITY ALL SERVICES FROM MARTIN AUTOWORKS LLC 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, NON-INFRINGEMENT, 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 MARTIN AUTOWORKS LLC'S LIABILITY IS LIMITED TO REFUNDING THE PRICE YOU PAY FOR THE MARTIN AUTOWORKS LLC INSPECTION.
IN NO EVENT WILL EITHER MARTIN AUTOWORKS LLC 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.
9. Cancellation and Refunds
Due to the Inspection being Intellectual Property of Martin Autoworks LLC, once your inspection invoice is received and your deposit is paid, all sales are final. Martin Autoworks LLC may decline to undertake the requested inspection, in which case your inspection deposit will be promptly refunded. However, you cannot cancel your order for a refund.
10. Unforeseeable Circumstances
You agree that if Martin Autoworks LLC is prevented from the performance of the inspection or report due to circumstances or causes beyond its control, such as computer malfunctions, lack of vehicle roadworthiness, restrictive laws or regulations, lack of reasonable vehicle safety devices, labor disputes, or acts of God, Martin Autoworks LLC is excused from further obligations. Martin Autoworks LLC, in its sole discretion, maintains the ability to cancel the inspection or task to be performed either indefinitely or until it can be rescheduled when circumstances are not preventing our best work from being accomplished.
11. Refund Policy after Inspection Report
If you believe there are inaccuracies in the inspection report, you must submit them to us (emailed to info@martinautoworksllc.com) within seven (7) days for consideration of a refund. You must include pictures and specific details addressing the issue(s) to be considered for a refund. Due to the complex mechanical nature of automobiles and factors that may affect their continued performance, all submissions must be received by Martin Autoworks LLC within seven (7) days of the report being delivered to you. Any issues that arise after this grace period are no longer the responsibility of Martin Autoworks LLC.
12. Endorsements
Any links provided or listed on our website, www.martinautoworksllc.com, to another website, are not claims of endorsements, legal partnerships, sponsorships, or affiliation of any kind.
13. Taxes
The quoted inspection price you receive from Martin Autoworks LLC may not include sales, use, excise or any other applicable taxes. Such taxes, if any apply, will be added to the cost of our service.
14. Contact Information
All customer service communications to Martin Autoworks LLC must be addressed to info@martinautoworksllc.com. Any other attempts to contact us, including verbal or in writing, are not guaranteed to receive a response.
15. Communications with Inspectors and Vehicle Owners
You agree to provide a reasonable communication channel for the vehicle owner and Martin Autoworks LLC as the inspector. It is your responsibility to coordinate a date and time that works for the owner to make the vehicle ready to be inspected in a reasonable manner and to organize that specific time frame with Martin Ironworks. Miscommunication between you and the owner of the vehicle or you and Martin Autoworks LLC is your responsibility solely, and any costs incurred from this are not the responsibility of Martin Autoworks LLC.
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. It is up to you to interpret and understand your state law and to ensure that you are not requesting an activity that is prohibited by your state law of Martin Autoworks LLC.
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 section and the remainder of the agreement will continue in effect. It is your responsibility to make Martin Autoworks LLC aware of portions of this agreement that are made invalid by your state laws.
18. No Third Party Resell
By purchasing a Martin Autoworks LLC inspection, you agree that you are purchasing the inspection for your own use and will not resell, give, hand out, copy, or duplicate the inspection for use by a third party or use the inspection other than for your own evaluation of the vehicle to be inspected. Any listing of the inspection or evaluation as use in advertising or as use for a report to be used in a court of law is strictly prohibited by Martin Autoworks LLC and makes the inspection report and any information related to the report null and void unless specifically stated otherwise in writing by a representative of Martin Autoworks LLC.