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Please read the following terms and conditions carefully. These terms and conditions are a contract between you and Whyte Knyte Inspection Services, LLC (doing business as "Whyte Knyte Inspections"). By visiting our website at www.WhyteKnyteInspections.net or ordering an inspection with Whyte Knyte Inspection Services, you are agreeing to be bound by these terms and conditions. The rights and obligations in your agreement with Whyte Knyte Inspection Services are personal to you, and not transferable to another party. You must be at least 18 years old to order an inspection with Whyte Knyte Inspection Services. If you are under 18 years old or if you do not agree to these Terms and Conditions, please disengage.
1. Nature of Whyte Knyte Inspection Services Inspections When you place your order with Whyte Knyte Inspection Services, you are hiring us to evaluate the overall condition of the designated vehicle, based on what our inspectors can subjectively observe. Whyte Knyte Inspection Services inspectors do not use hoists or tools or dismantle the vehicles. The Whyte Knyte Inspection Services service is a visual inspection of all reasonably accessible items only, and some problems may not be observable during the inspection. The Whyte Knyte Inspection Services inspector will attempt to test drive the vehicle, but if this is not feasible, a test drive will not be conducted. Once the inspection is completed, you will receive a hyperlink to the inspector's report, along with a package of photographs of the vehicle.
2. Whyte Knyte Inspections Service Limited to Inspection Whyte Knyte Inspections performs inspection services only. Whyte Knyte Inspection Services 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. Whyte Knyte Inspection Services does not verify that the seller has the legal right to sell the vehicle. Whyte Knyte Inspection Services is not responsible for any representations made by the seller or any other party.
3. 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 Whyte Knyte Inspection Services, you are fully responsible for all costs for repairs and maintenance on your vehicle, whether or not covered by any other insurance policy or warranty. 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 Whyte Knyte Inspection Services 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 Whyte Knyte Inspection Services inspection does not create any warranty for any vehicle you may purchase and that your right to recover for any defects in the vehicle, whether or not disclosed in the Whyte Knyte Inspection Services report, is limited to any warranty the seller may offer, only.
5. Factors Affecting Inspections Whyte Knyte Inspection Services 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, dry and situated in well-lit location at the time of inspection. However, Whyte Knyte Inspection Services does not agree to take any steps or actions affecting the vehicle's condition at the time of the inspection. Whyte Knyte Inspection Services 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.
6. Resolution of Disputes - Arbitration
(i) 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 Whyte Knyte Inspection Services 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 Whyte Knyte Inspection Services’ choosing in or around Atlanta, Georgia. 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 Whyte Knyte Inspection Services' intellectual property rights, Whyte Knyte Inspection Services may seek injunctive or other appropriate relief in any state or federal court in the State of Georgia, and you consent to exclusive jurisdiction and venue in such courts.
(ii) 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 Whyte Knyte Inspection Services' services, are governed by the laws of the State of Geogia, and that any such action must be instituted and prosecuted in either the federal or state courts located in the County of Forsyth, State of Georgia. Both you and Whyte Knyte Inspection Services waive the right to seek a change of venue. Both you and Whyte Knyte Inspection Services waive the right to a jury trial in any such litigation.
7.
LIMITATION OF LIABILITY ALL SERVICES FROM WHYTE KNYTE INSPECTION SERVICES 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 WHYTE KNYTE INSPECTION SERVICES'S LIABILITY IS LIMITED TO REFUNDING THE PRICE YOU PAY FOR THE WHYTE KNYTE INSPECTION SERVICES INSPECTION.
IN NO EVENT WILL EITHER WHYTE KNYTE INSPECTION SERVICES 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.
8. Cancellation Once your order is placed, all sales are final. Whyte Knyte Inspection Services may decline to undertake the requested inspection, in which case your prepaid inspection fee will be promptly refunded. However, you cannot cancel your order for a refund once the inspection is entered on the schedule.
9. Unforeseeable Circumstances You agree that if Whyte Knyte Inspection Services is prevented from the performance of the inspection or report due to circumstances or causes beyond its control, such as computer malfunctions, restrictive laws or regulations, labor disputes, or acts of God, Whyte Knyte Inspection Services is excused from further obligations. Whyte Knyte Inspection Services, in its sole discretion, may cancel such an inspection.
10. Refund Policy after Inspection Report If you believe there are inaccuracies in the inspection report, you must submit them to us (emailed to whyteknyteinspections@gmail.com) within seven (7) days for consideration of a refund, include pictures and specific details addressing the issue(s). Due to the complex mechanical nature of automobiles and factors that may affect their continued performance, all submissions must be received by Whyte Knyte Inspection Services within seven (7) days of the report being delivered to you.
11. Endorsements Links provided from our website, www.WhyteKnyteInspections.net, to another website, are not endorsements.
12. Taxes The listed inspection price on our website does not include sales, use, excise or any other applicable taxes. Such taxes, if any apply, will be added to the cost of our service.
13. Contact Information All customer service communications to Whyte Knyte Inspection Services must be addressed to whyteknyteinspections@gmail.com
14. Privacy At Whyte Knyte Inspection Services, we care about our customers' privacy. Whyte Knyte Inspection Services' collection and use of any information is described in and governed by the Privacy Policy (www.WhyteKnyteInspections.net/privacy-policy.html) unless otherwise stated. By purchasing a vehicle inspection through Whyte Knyte Inspection Services, you will be providing certain personal information to us. Whyte Knyte Inspection Services will only share your information with our affiliates to carry out the intent of the service you purchased from us or to present you special offers or incentives from our affiliates. We will not share your information with an unaffiliated third party, unless we are required to do so by law.
15. Communications with Inspectors You agree to communicate only with Whyte Knyte Inspection Services about your inspection and to not contact any inspector directly. If you attempt to contact the inspector without Whyte Knyte Inspection Services' consent, or attempt to remove Whyte Knyte Inspection Services from the inspection process, Whyte Knyte Inspection Services has the right to cancel the inspection and keep your payment.
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.
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.
18. No Third Party Inspections By purchasing a Whyte Knyte Inspection Services inspection, you agree that you are purchasing the inspection for your own use and will not resell the inspection to third parties or use the inspection other than for your own evaluation of the vehicle being inspected. Unless expressly allowed and agreed to my management of Whyte Knyte Inspections Services, LLC.
WHYTE KNYTE vehicle inspections (inspections) are based on what is seen and heard through the eyes and ears of our inspectors. You should understand that weather and light conditions, as well as the cleanliness of the vehicle both inside and out at the time of the actual inspection, can reduce the accuracy of the inspection, making things such as repainting and body work difficult to detect. For the most accurate inspection report, the vehicle must be clean, dry and well-lit at the time of inspection. WHYTE KNYTE inspectors do not clean or disassemble vehicles prior to or during inspection.
Moreover, you should understand that WHYTE KNYTE does not perform the same services that would be performed by a mechanic or professional photographer. Rather, WHYTE KNYTE's services are similar to what you would see and hear if you were to inspect the car yourself and you had the same level of experience as our inspectors. However, many aspects of the inspection are subjective. In other words, the inspector is providing you with his or her opinion. If you were to perform the inspection yourself, you might come to a different conclusion than the inspector.
Subject to the remainder of this paragraph, each inspection is limited to the 81 points expressly stated in the inspection report, and to the reporting standards relating to each item (e.g., scratch, dings, chips, rust, yes, no, good, excellent). If you request an inspection of an item not included within the 81 points, the inspector will make a reasonable effort to inspect that additional item. However, WHYTE KNYTE does not guarantee that the additional item will be inspected. If reference to the additional item is not expressly included in the "Comments" section of the report, you should assume that the item was not inspected. Similarly, if you request that a particular item be inspected to a certain standard of care or otherwise qualify an inspection item (e.g., please check the windshield carefully for cracks), the inspector will make a reasonable effort to comply with your request. However, WHYTE KNYTE does not guarantee that the item will be inspected to your specifications. Unless specific mention is made to the inspection item in the "Comments" section of the report, you should assume that the item was only inspected in accordance with WHYTE KNYTE's reporting standards. WHYTE KNYTE reserves the right to reject inspection requests in its sole discretion.
While WHYTE KNYTE's inspectors try to test drive most vehicles during an inspection, they may not test drive a vehicle for a number of reasons. These reasons could include, among others, a refusal of the vehicle's current owner to allow a test drive, weather conditions or accessibility of suitable test drive facilities. A test drive is not required for an inspector to complete an inspection report, and unless the inspection report specifically states that a test drive was conducted, no such test drive was conducted.
Changes in the vehicle inspected can occur and/or manifest themselves between the time a vehicle is inspected and when the vehicle is actually purchased, including, without limitation, physical and mechanical damage, wear and tear, owner modifications and/or substandard repairs. These changes may detrimentally impact the value and/or desirability of the vehicle. The likelihood of such changes occurring increases the longer the elapsed time between a vehicle's inspection and purchase.
WHYTE KNYTE does not advise on the value of any vehicle we inspect or authenticate its origin. WHYTE KNYTE does not provide advice as to whether you should purchase or decline to purchase any vehicle we inspect. WHYTE KNYTE does not determine if a vehicle is emission compliant. WHYTE KNYTE does not provide advice as to whether a vehicle will perform properly.
The inspection report is subject to all of our Terms of Use. Please read the Terms and Conditions carefully. In particular, please read Section 3 of the Terms and Conditions for important limitations on your remedies against WHYTE KNYTE in the event you are displeased with our inspection services and Section 5 regarding the mandatory arbitration provisions for disputes. Any guarantees or warranties implied or not on any vehicle inspected by WHYTE KNYTE are strictly between you and the seller of that vehicle.
All reports produced are condition reports only and we do not represent the vehicle in other fashion, nor do we warrant or guarantee the future function of the vehicle inspected.
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