ALL TRANSACTIONS ARE SUBJECT TO THE BIDDER AGREEING TO THE SELLERS TERMS AND CONDITIONS.  THE TERMS AND CONDITIONS ARE REPRODUCED BELOW. 

TERMS AND CONDITIONS OF SALE

Please review this document carefully as it sets forth legally binding terms and conditions

relating to the transaction between you ("Buyer") and Sky Motor Cars ("Seller"). By signing

below, you represent that you have reviewed the following and agree unconditionally.

1. Entire Agreement  - The terms and conditions memorialized in this Sales Agreement comprise the complete, entire and final agreement between Buyer and Seller. No other terms, negotiations, proposals, representations, commitments, understandings or agreements between Buyer and Seller, either written or oral, shall be valid or enforceable, unless expressly contained in the Sales Agreement. The Sales Agreement may be modified or amended only upon express written consent of both parties.

2. "AS IS"  - Buyer acknowledges that the automobile contemplated by this transaction is a used automobile and is offered for purchase in its current state, or, "as is." Seller makes no guarantee as to condition, mileage, year, model or any other circumstance regarding the automobile. Buyer acknowledges that the actual condition of the automobile may vary from any photographs, statements or representations made by Seller. Buyer represents that he/she had an opportunity to inspect the automobile prior to purchase and acknowledges that Seller has no responsibility for any defects or repairs, regardless of any representations (oral or otherwise) made by Seller.  Furthermore, Buyer acknowledges that Seller will not provide a warranty of any type with regard to the automobile and, therefore, depending on the status of the manufacturers warranty, there may be no warranty of any type covering this automobile.

3. Purchase -  Buyer is deemed to have purchased the automobile upon satisfaction of each of the following events: (1) Buyer and Seller have executed this Sales Agreement; (2) Seller has issued the registration (either Pennsylvania or in transit registration); (3) Buyer has executed the "Buyers Guide"; (4) Buyer has paid, in full, for the automobile; and, (5) Buyer has taken possession of the automobile. Buyer shall be deemed to have taken possession of the automobile, and therefore, any and all risks associated with possession, at the time the automobile is removed from Sellers premises, either by Buyer, Buyers agent or shipper (regardless or whether Seller arranged shipping on Buyers behalf).

4. Limited Warranty - THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SELLER HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND (WHETHER ARISING BY IMPLICATION OR BY OPERATION OF LAW).

THIS SECTION SURVIVES THE TERMINATION OR CANCELLATION OF THIS SALES AGREEMENT.

5. Limitation of Liability - SELLERS LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM OR IN ANY WAY CONNECTED TO THIS TRANSACTION OR THE AUTOMOBILE CONTEMPLATED BY THIS TRANSACTION SHALL NOT EXCEED BUYERS PURCHASE PRICE, REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT (INCLUDING, BUT NOT LIMITED TO, FAILURE OR DELAY IN PERFORMANCE OR DELIVERY DUE TO ANY CAUSE WHATSOEVER), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE. IN NO EVENT IS SELLER RESPONSIBLE TO BUYER FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ALL DIRECT OR INDIRECT COSTS, REGARDLESS OF WHETHER THOSE DAMAGES WERE FORSEEABLE. ANY CLAIM BY BUYER SHALL BE DEEMED WAIVED UNLESS PRESENTED IN WRITING TO SELLER WITHIN THIRTY (30) DAYS FROM THE DATE BUYER TOOK POSSESSION.

6. Force Majeure - Seller shall not be liable for failure or delay in performance hereunder due in whole or in part to (i) acts of God, (ii) strikes, lockouts, or other labor disputes, (iii) civil commotion, sabotage, fire, flood, or explosion, (iv) acts of any governmental agency or authority, (v) unforeseen circumstances (vi) inability to obtain or delay in obtaining any necessary governmental approvals, permits or licenses, (vii) mechanical failure, (viii) or any other cause which is not within the reasonable control of Seller, whether or not of the kind specifically enumerated above.

7. Choice of Law, Jurisdiction & Venue - The transaction to which this document relates shall be governed by the substantive laws of the Commonwealth of Pennsylvania. In the event of any dispute between the parties arising out of this transaction, the parties agree and consent that the exclusive jurisdiction and venue for the resolution of such dispute shall be Pennsylvanias Court of Common Pleas, Montgomery County, or the United States District Court for the Eastern District of Pennsylvania.

8. Notices - No notice or other communication is sufficient to affect any rights, remedies or obligations of either party unless the notice or communication is in writing and (as elected by the party giving the notice or communication) is (i) personally delivered, (ii) transmitted by facsimile (with a receipt acknowledgment), (iii) transmitted by electronic computer mail, (iv) transmitted by a recognized courier service or (v) mailed in registered or certified form, to the party to which notice or communication is being given. Notice shall be delivered to the address specified below.

9. General - In the event that any provision contained herein is held to be invalid or unlawful, such provision shall be severed from the remaining provisions, which shall remain in full force and effect. No waiver of any provision hereof and no single waiver shall be held to constitute a continuing waiver or subsequent waiver.