Repossession, Below Wholesale, No Reserve on 2040-cars

PLEASE READ OUR "ENTIRE TERMS AND CONDITIONS" FOR THE PRE-INSPECTION DATE, TIME AND LOCATION.

EXHIBIT D

CNAC TERMS AND CONDITIONS

LEGAL CONTRACT

YOUR WINNING BID BECOMES A LEGAL CONTRACT.  Please do not bid if you are not prepared to pay.  All non-paying high bidders will be reported to eBay and negative feedback will be posted.

DEPOSIT / PAYMENT

The winning bidder MUST make a deposit of $200 within 72 hours of the end of the auction (except where the total cost of the vehicle (including the $99 Documentation and Vehicle Preparation Fee) is less than $200, in which event payment in full is required).  For example, if the winning bid for a vehicle is $700, the winning bidder must make a deposit of $200 within 72 hours, leaving a balance due of $599.  If the winning bid for a vehicle is $100,

the winning bidder must make payment in full of $199 within 72 hours, leaving no balance due. 

This deposit or payment must be paid by CREDIT CARD, MONEY ORDER, or CASHIER'S CHECK.

If paying by Credit Card, you MUST call us (CNAC) at 401-467-5100 within 72 hours of the end of the auction to provide your credit card information. 

If paying by Money Order or Cashier’s Check, your payment MUST be received within 72 hours of the end of the auction.  We recommend that you use an overnight delivery service addressed to: CNAC 615 Reservoir Ave.  Cranston, RI 02910.

If your payment is not received within 72 hours we reserve the right to sell the vehicle to the next highest bidder or in any other manner in our sole and absolute discretion.

BALANCE DUE

The balance due must be paid no later than the 7^th day after the end of the auction.  For example, if the auction ends on the 11^th day of a month, the balance due must be received by CNAC no later than the 18^th day of the month.

The balance due must be paid by CASHIER'S CHECK, CERTIFIED CHECK or MONEY ORDER with NO EXCEPTIONS.

If the balance due is not received by the close of business on the 7th calendar day after the end of the auction, we reserve the right to retain your deposit (not as a penalty, but as liquidated damages for the costs and losses to us from your breach of contract) and to sell the vehicle to the next highest bidder or in any other manner in our sole and absolute discretion.NOTE:  Most banks and credit unions do not finance vehicles more than 8 years old or with more than 100,000 miles. Make sure – before you bid – that if you need financing, your financial institution accepts the year and miles of the vehicle.  Please arrange financing prior to bidding.  We are unable to provide financing on this vehicle under any circumstance.

FEES AND TAXES

In addition to your winning bid, you must also pay a $99 Documentation and Vehicle Preparation Fee. 

State Sales Tax, Title and Registration Fees are not included.  Buyer is responsible for paying any State Sales Tax, County Tax, Title and Registration Fees.

VEHICLE PICK-UP OR SHIPPING

If you intend to pickup the vehicle directly from our premises, it is your sole responsibility to ensure that the vehicle is legally insured and registered prior to doing so.  We assume no responsibility for this obligation.

You are solely responsible for pickup or shipping of this vehicle. If you wish to have it shipped using a shipping service, you can locate shippers by doing a search for "auto shippers" or click on the Shipping Assistance icon contained within this auction listing.

“AS-IS” SALE / NO WARRANTY / VEHICLE INSPECTION

THE VEHICLE IS BEING SOLD “AS IS”, WHICH MEANS THAT THERE IS NO WARRANTY WHATSOEVER AND THAT THE ENTIRE RISK AS TO QUALITY OF THE VEHICLE IS WITH YOU.  IT IS YOUR RESPONSIBILITY TO INSPECT THE VEHICLE PRIOR TO PLACING ANY BID.  BY BIDDING ON THIS AUCTION YOU ARE INDICATING THAT YOU ARE SATISFIED WITH THE RESULTS OF YOUR INSPECTION. 

Any description of the vehicle that we have provided is for descriptive purposes only and is not a warranty of any type.  Although we disclose the known defects associated with a vehicle as part of the Condition Report, no independent inspector has evaluated the vehicle and WE DO NOT ASSUME ANY RESPONSIBILITY FOR DISCOVERING OR REPORTING DEFECTS OF WHICH WE ARE NOT AWARE.  We assume no responsibility to repair defects, whether or not they are disclosed in the Condition Report.  NO EMPLOYEE IS AUTHORIZED TO MAKE ANY WARRANTY ABOUT A VEHICLE, AND ANY IMPLIED OR EXPRESS WARRANTY OR REPRESENTATION ABOUT A MUST BE DISREGARDED.  

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED.  WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION:  (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, WORKMANLIKE EFFORT, AND ACCURACY,  AND (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE.

LIABILITY LIMITATION

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, BASED ON, ARISING OUT OF OR RESULTING FROM, THIS AGREEMENT OR YOUR PURCHASE OF A VEHICLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM:  (1) BREACH OF CONTRACT,  (2) BREACH OF WARRANTY,  (3) NEGLIGENCE,  OR  (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

QUESTIONS

If you are not sure about something, PLEASE ASK. Do not make any assumptions.  Please direct all questions by email to afernandes@venturcap.net.

We reserve the right to cancel bids placed by bidders that have no feedback ratings or who have negative feedback ratings.  We also reserve the right to end this auction early and sell the vehicle at any time.

PLEASE ONLY BID THE AMOUNT YOU ARE WILLING TO PAY.  REMEMBER, THE FINAL BIDDER WILL OWN THIS VEHICLE.

BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE WITH THE TERMS AND CONDITIONS DESCRIBED ABOVE.  YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU ARE IN COMPLIANCE WITH THE eBay USER AGREEMENT (SEE http://pages.ebay.com/help/policies/user-agreement.html) AND THAT CNAC IS ENTITLED TO RELY ON THAT FACT.  This Agreement is governed by the internal laws of the State of Rhode Island.

 

Year_______  Make ________________________  Model ________________________________

 

VIN # ________________________________________________________________________

 

___________________________________________________ Buyer(s) Name (Print)

___________________________________________________ Buyer(s) Name (Sign)

___________________________________________________ CNAC Representative (Print)

 ___________________________________________________ CNAC Representative (sign)

____________________ Date