Thank you for your interest in purchasing a pre-owned vehicle from S and W Sports Cars, Inc. (hereinafter "Seller"). We hope to provide you with an unparalleled on-line sales experience in keeping with our tradition of excellence. Please refer to our Terms of Sale below for our payment and other policies regarding internet sales. Should you have questions or require further information, please contact us directly at (678) 802-5000.
1. Reservation of Right to Terminate Auction. Seller reserves the right to terminate early any auction and cancel all bids at any time a vehicle may no longer be available for sale.
2. Bidding. Subject to the reservation of right to terminate set forth above, bids will be accepted during the period prescribed in the particular auction. The successful bidder (if my) in each auction (hereinafter "Buyer") will be contacted by electronic mail within no more than twenty-four (24) hours following the close of the particular auction. Buyer shall then contact Seller within twenty-four (24) hours from the time of the electronic notice in order to make payment and delivery arrangements. No bids will be accepted from bidders with negative feedback ratings, and bidders who do not have feedback ratings must contact Seller prior to bidding. No bid retractions will be permitted for the twenty-four (24) hour period following the close of the auction.
3. Deposit and Payment. Buyer shall submit to Seller within two (2) business days (which shall not include Saturdays. Sundays or federally recognized holidays) a deposit in the amount of ten percent (10%) of the successful bid price. The balance due, plus applicable taxes and fees, shall be remitted to Seller within five (5) business days of the closing of the auction. Payment may be made in cash, by certified or cashier's check, by wire transfer on in accordance with financing arrangements made by Buyer and reasonably acceptable to Seller, in Seller's sole discretion.
4. Sales Taxes and Documentation Fees. Applicable state and local sales taxes will be collected from Buyers who are residents of Georgia. Buyers who are residents of any state other than Georgia will be solely responsible for the reporting and payment of all applicable state and local taxes and fees, including title and registration fees, in the state in which such Buyer resides. Seller shall charge each Buyer, regardless of residency, a documentation fee in the amount of $495.00 USD, which fee shall include a [temporary registration certificate valid for thirty (30) days from the date of purchase].
5. lnspections and Disclaimer of Representation of Condition. Seller recommends to all bidders that a Buyer's inspection be performed for any vehicle on which a bid is entered. Prior to the closing of the auction, any bidder may make any reasonable inspection of the subject vehicle during the normal business hours of Seller, or arrange for a 3 third party to make such inspection. Seller shall not be responsible for any fees or expenses of Buyer associated with any such inspection. Seller has made commercially reasonable efforts to represent and depict fairly and accurately, and to disclose information known to Seller regarding vehicles offered in on-line sales. Seller expressly disclaims any representation regarding minor cosmetic defects or conditions customarily found on used vehicles of a similar age and general condition and regarding the absence of any condition or defect unknown to Seller.
6. Disclaimer of Warranties. Unless otherwise expressly provided in the auction description or information for the subject vehicle, all vehicles sold by Seller in on-line sales are sold "as is”, and SELLER MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES, EITHER EXPRESS OR IMPLIED. INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING ANY SUCH VEHICLE. If so noted in the vehicle description, manufacturer's warranties may apply and be transferable to Buyer on certain vehicles. Extended warranties may also be available for certain vehicles. Warranty availability and details will be furnished to Buyer upon request. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH ANY ON-LINE AUCTlON OR ANY SALE OR OTHER TRANSACTION WITH RESPECT TO A VEHICLE OFFERED FOR SALE OR SOLD BY SELLER.
7. Delivery and Shipping. Seller will make delivery of all vehicles at Seller's place of business after payment in full has been received by Seller. Upon Buyer's request, vehicles may be delivered to a third party shipping company specified by Buyer for shipment to Buyer. All shipping charges are the sole responsibility of Buyer. Seller shall not be responsible for any damage to any vehicle after it leaves Seller's premises. For assistance with shipping arrangements, please contact Seller during normal business hours at (678) 802-5000.
8. Termination of Seller's Obligation to Sell. In the event that payment in full is not recieved from Buyer within five (5) business days following the closing of the auction, Seller shall have no further obligation to sell the subject vehicle to the Buyer, and Seller, in Seller's sole discretion, may offer to sell or sell such vehicle to the next highest bidder or to any other person or may initiate a new auction to sell such vehicle. Buyer forfeits deposit if transaction is not completed.
9. Financing Arrangements. Buyers will be expected to have financing arrangements (if any) in place prior to bidding in my on-line auction. Any fees and expenses incurred in connection with the financing of any vehicle shall be the sole responsibility of Buyer. For assistance with financing arrangements, please contact Seller during normal business hours at (678) 802-5000.
