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THIS CONTRACT LIMITS OUR LIABILITY
- PLEASE READ IT.
- PLEASE AGREE (at bottom)
- CONTINUE TO LIST VEHICLE
OWNERSHIPThe owner(s) and any co-owners, hereinafter referred to as "SELLER", of this vehicle, hereinafter referred to as "VEHICLE", represents to Buggy Bank, L.L.C., its assigns, personnel, contractors, agents, or designated service organizations, hereinafter referred to as "BUGGY BANK", that this is a "private party" sale, that VEHICLE is registered and insured in the SELLER's name(s), and SELLER is not acting as a broker generally engaged in the business of buying and selling vehicles for profit.
DMV REGULATIONSThe sale of this VEHICLE is regulated by the State of California VEHICLE Code, Chapter 8, Sections 12101-12104, Private Party VEHICLE Markets. Accordingly, SELLER agrees to adhere to all DMV regulations including providing BUGGY BANK with all records required by DMV for Private Party Vehicle Markets. Thus, SELLER must provide to BUGGY BANK a copy of the SMOG Certificate and the DMV Vehicle Transfer forms as part of the completion of the sale at BUGGY BANK.
INSURANCESELLER remains in control of the sale of the VEHICLE and provides direction to BUGGY BANK in this contract by specifying "Authorized" services. SELLER represents that the VEHICLE being displayed on BUGGY BANK's premises is safe to drive and fully insured. SELLER is responsible for providing BUGGY BANK with current documented proof of insurance that covers "other drivers". This "other drivers" insurance is required for test drives, mechanic's checks, or other purposes authorized by SELLER or BUGGY BANK BUGGY BANK does not insure for SELLER and will be held free of any direct or consequential liability on or off its premises. SELLER understands that while BUGGY BANK provides a high degree of physical and procedural security, SELLER agrees that BUGGY BANK can not be held responsible for the actions of others, and not to ask BUGGY BANK to compensate for any damages, insurance deductible amounts, costs not covered by insurance or any other costs.
RESPONSIBILITIES AND OTHER CONTRACTRUAL AGREEMENTSBUGGY BANK does not sell vehicles. BUGGY BANK's sole responsibility is to display the VEHICLE at its address and/or its website.
If test drives and/or mechanic's checks are authorized by SELLER, BUGGY BANK will 1) loan the keys of SELLER's VEHICLE to potential buyer's who present to BUGGY BANK personnel a driver's license, temporary DMV driver's license permit, or international driver's permit and 2) allow test drives when a credit card or check card is held as security.
By providing an email address, SELLER gives BUGGY BANK explicit consent to submit an ad to any internet service on SELLER's behalf. BUGGY BANK will take reasonable care to check valid driver's license license, credit card and other required information from each prospective buyer. BUGGY BANK reserves the right to not loan keys to any individual when credentials or behavior is in question. Our staff is instructed to be as discreet as possible, but reserves the right to disclose (or not disclose) anything which in our judgement would protect the customer or the integrity of BUGGY BANK.
BUGGY BANK may make suggestions to facilitate the sale, but SELLER is in control of the sale of the VEHICLE and is responsible for all final decisions. BUGGY BANK does not guarantee fulfilment of "Special" services including outside business services posted or advertised at BUGGY BANK. SELLER understands that said "Special" services are offered as goodwill, and are performed only as circumstances and availability of staff permit. BUGGY BANK will provide these services considering staff or availability at the time. Ultimately, SELLER, and not Buggy Bank, is responsible for maintenance and upkeep.
SELLER may submit VEHICLE for an online listing after which VEHICLE is pending review by BUGGY BANK. BUGGY BANK reserves the right to decline online and on-lot listings.
LIABILITY AND CONSEQUENTIAL DAMAGEBUGGY BANK will not be held liable for any direct or consequential liability, financial, physical or otherwise, nor will any services including, but not limited to internet ads, or lack thereof, be the basis for any monetary reimbursements, credits, or contract time extensions.
Any monetary reimbursements, credits, or contract time extensions are only to be considered acts of goodwill by BUGGY BANK to improve customer relations and will not be construed as an admission of wrongdoing. SELLER hereby agrees to defend, indemnify, and hold harmless Buggy Bank, its officers, employees and agents, from any and all claims, demands, causes of action, liabilities, property damage, personal injuries or death in any way related or alleged to be related to SELLER's VEHICLE or this contract.
CONTRACT RENEWAL AND ACCOUNT PAYMENTFees must be paid per the plan selected and are due at the start of each contract and renewal period. If SELLER has not paid per the plan selected, SELLER agrees to pay the daily display rate until sold, removed or renewed. SELLER also directs BUGGY BANK to arrange for "service" required to take corrective action in instances where safety or urgent considerations are encountered without notification to SELLER. SELLER agrees to accept prevailing rates charged by "service" organizations.
SELLER agrees that under no circumstances will the VEHICLE be taken off BUGGY BANK premises by SELLER, or any customer or agent until 1) the account balance has been paid, and 2) SELLER has signed the contract release section. SELLER authorizes use of his/her credit card number to guarantee payment for overdue charges. If the balance due is not paid and credit card access has been denied and/or SELLER does not pay the renewal fee when due, the VEHICLE may not be removed or accessed by anyone other than BUGGY BANK management until payment of the storage fees (see daily rate) are received.
BUGGY BANK may also elect to initiate a lien sale to sell the VEHICLE to recover lost revenue plus the cost of selling the VEHICLE and recovering fees due. SELLER agrees not to contest a lien sale which could recover the lost fees for BUGGY BANK. All display, storage, and other fees due plus SELLER's account balance must be paid before the VEHICLE is released to SELLER from BUGGY BANK. SELLER agrees to pay the highest rate permitted by law, whichever is greater, upon all delinquent accounts and costs including, but not limited to collection agency charges and attorney's fees accumulated in the collection and the enforcing of the terms of this contract.
"I have read and agree to the terms above"Please input your legal name and Driver's License Number:
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