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Show Your Auto llc
Introduction
This Terms of Sale Agreement (Agreement) exists between Show Your Auto llc (herein as "SYA") and the buyer or bidder (herein as "Buyer") in reference to the sale of a listed automobile, motorcycle, or other vehicle ( herein as "Vehicle" ) on the Internet site(s) (Website) maintained by the Company for the purpose of offering the vehicle for sale on behalf of the vehicle owner, whether person or company ( herein as "Seller"). This Agreement is accepted by the Company and the vehicle is listed on the Website, the Buyer agrees to be bound by the terms of this Agreement.
Service Agreement
Description of Services
Show Your Auto has a variety of service offerings. There is no limit to which the "user" may subscribe to these services. Prices are subject to change without notice. All charges are for the seller only. Our services are free to the buyer unless buyer is requesting an additional service such as transport of a vehicle. In such an incidence, the buyer is responsible for all charges and fees applicable to that additional service. Each offering below is per car:
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The Garage - SYA’s most popular service for the private collector, a discreet way to market your car to the right audience while protecting your privacy.
- SYA gathers all the facts and photos from seller that will be helpful in selling your automobile, including an owner conducted vehicle inspection.
- SYA writes a compelling description with an unlimited number of photos and showcases it in our private, invitation only showroom UNTIL IT IS SOLD.
- SYA pro - actively markets your vehicle outside normal advertising channels, contacting our private network of collectors, clubs, and enthusiasts.
- SYA handles all inquiries, price negotiations, and complete the transaction with the buyer so Seller does not have to.
- Seller has control of the selling price by setting an acceptable floor(reserve price) in the beginning and giving final acceptance of the offer. Seller then makes arrangements with the Buyer to transfer the vehicle.
$75 fee is non-refundable. 5% commission is based on actual final sale price of vehicle. All pricing is subject to the terms of the Seller Listing Agreement. |
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The Assistant - This service is for the busy professional who does not have the time or wishes to avoid the hassle of handling any part of the sale. Your car gains maximum exposure to the right audience.
- SYA gathers all the facts and photos from Seller that will be helpful in selling the
automobile, including an owner conducted vehicle inspection.
- SYA writes a compelling advertisement with up to 10 oversized photos provided by Seller and showcases the vehicle in our specialty showrooms UNTIL IT IS SOLD.
- SYA advertises Seller’s vehicle to a targeted market of millions through national publications like Hemmings, duPont Registry, AutoWeek, and Deals and Wheels depending on the vehicle.
- SYA handles all inquiries, price negotiations, and completes the transaction with the
buyer so Seller does not have to.
- Seller has control of the selling price by setting an acceptable floor(reserve price) in the
beginning and giving final acceptance of the offer. Seller then makes arrangements with the Buyer to transfer the vehicle.
$75 fee is non-refundable. 5% commission is based on actual final sale price of vehicle. All pricing is subject to the terms of the Seller Listing Agreement. |
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The Auctioneer - Take advantage of our successful track record in conducting on-line auctions. Don't wait for the next big car show. On-line auctions are happening 24x7 all year round! This is the quickest way to turn your collector car into money in the bank.
- SYA gathers all the facts and photos that will be helpful in selling the vehicle,
including an owner conducted vehicle inspection.
- SYA designs an effective vehicle feature page with up to 24 oversize photos and run it on Ebay Motors, or similar online auction house AND in our specialty showrooms.
- SYA recruits prospective bidders who have expressed interest in similar items and draw
them to your auction.
- SYA conducts all aspects of the auction, fields questions, handles deposit monies as well
as arranges final inspection and delivery of the automobile.
- SYA has command of the selling price with a reserve set at auction. If it doesn't
meet Seller’s price, SYA does not sell it.
- SYA will post the auction a second time for an additional $75.00 if the vehicle doesn't sell the first time. Most auctions last 7 days and sell the first time.
$75 fee is non-refundable. 5% commission is based on actual final sale price of vehicle. All pricing is subject to the terms of the Seller Listing Agreement. |
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The Walkthrough* - This is a pre-sale inspection and photo service designed to save much time and get the sale of your vintage car going quickly. To ensure an accurate representation and marketing of your vehicle, SYA follows the following steps:
- Professional, in person consultation on prepping the car for sale
- Conduct a comprehensive visual inspection of the vehicle
- Check all instrumentation for proper operation
- Complete photo spread, showing off the car top to bottom, inside and out
Inventory all available documentation
- Check the engine and mechanicals for obvious flaws and test-drive the car
$149.99 fee is non-refundable.
* Subject to regional availability. Price may vary by location. This inspection is designed to objectively assess the vehicle in preparation for sale. It does not verify authenticity of ownership or original condition, provide an appraised value for insurance or financing purposes, or act as a substitute for a mechanical inspection by an ASE certified mechanic.
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Terms of Services
The following are the terms for the "Description of Services" as listed above.
Show Your Auto offers "The Garage" which means on top of the customer service listed above, your car will be listed in no less than (2) national publications of Show Your Auto's choosing for the first 30 days and also listed on the Show Your Auto website until Show Your Auto is notified by seller that the car has been sold. Seller must provide accurate and complete information about the Vehicle. All Vehicle description/statements as well as verbal statements made by Seller, are accepted as reliable. Seller is solely responsible and liable for the accuracy and completeness of vehicle description. In no event shall SYA, the auctioneer, any employee, or 3rd party agent or associate of SYA be responsible or liable for such description, statements of warranty, guarantees of any Vehicle offered for sale. SYA's only obligation with regard to ad content and photos is to bring the high bidder and seller together. Most cars sell in 30 days, but this is not a guarantee statement. Show Your Auto will pass on the information of potential "qualified" buyers via e-mail or phone to seller. Seller is then responsible for acting on and following up with potential buyers and is also responsible for arranging pick-up or transport of vehicle and receiving of funds from buyer.
Show Your Auto offers "The Assistant" which means for a $75 fee plus a 5% commission, the seller will receive the same services as "The Qualifier", but also additional customer service as listed above. All Vehicle description/statements as well as verbal statements made by Seller, are accepted as reliable. Seller is solely responsible and liable for the accuracy and completeness of vehicle description. In no event shall SYA, the auctioneer, any employee, or 3rd party agent or associate of SYA be responsible or liable for such description, statements of warranty, guarantees of any Vehicle offered for sale. SYA's only obligation with regard to ad content and photos is to bring the high bidder and seller together. All communications will be between Show Your Auto and potential buyers. When the car sells, a deposit equal or greater than 5% of purchase price will be transferred from the buyer to Show Your Auto where it will be held in escrow. When the terms outlined in "Terms of Sale" are met, Show Your Auto will remove 5% of purchase price of vehicle as their fee before sending any funds to the seller. The balance of the full purchase price will be paid directly to the seller by the buyer. The seller is responsible for arranging pick-up with buyer. If transport is requested by buyer, Show Your Auto will assist at making arrangements between all parties for an additional fee applicable to the buyer. If seller should make arrangements to sell his/her own vehicle without the use of Show Your Auto's buyers, the $75 fee is non-refundable and vehicle will then be removed from listing.
Show Your Auto offers "The Auctioneer" which means for a $75 fee plus a 5% commission, SYA will design an advertisement to be listed on an online auction site, such as, but not limited to, E-bay using seller provided information. All Vehicle description/statements as well as verbal statements made by Seller, are accepted as reliable. Seller is solely responsible and liable for the accuracy and completeness of vehicle description. In no event shall SYA, the auctioneer, any employee, or 3rd party agent or associate of SYA be responsible or liable for such description, statements of warranty, guarantees of any Vehicle offered for sale. SYA's only obligation with regard to ad content and photos is to bring the high bidder and seller together. If vehicle is not sold on first auction, it will be listed a second time at no charge from Show Your Auto. Seller's vehicle is not guaranteed to sell on auction. Most auctions are 7 days in duration. Seller provides "lowest selling price" and Show Your Auto adds 5% to that price as their fee before listing on the auction. That means, a reserve will be set at sellers "lowest selling price" plus 5% of that price. The vehicle will not be sold for less than the expressed "lowest selling price" plus 5% unless requested by the seller. When the car sells, a deposit equal or greater than 5% of purchase price will be transferred from the buyer to Show Your Auto where it will be held in escrow. When the terms outlined in "Terms of Sale" are met, Show Your Auto will remove 5% of purchase price of vehicle as their fee before sending any funds to the seller. The balance of the full purchase price will be paid directly to the seller by the buyer. The seller is responsible for arranging pick-up with buyer. If transport is requested by buyer, Show Your Auto will assist at making arrangements between all parties for an additional fee applicable to the buyer.
Warranty Terms
All services are "as is" with no warranties expressed, implied or otherwise by either Show Your Auto or private seller. At Show Your Auto, we will do our best to find the car of your request, but there are no guarantees implied or otherwise.
At Show Your Auto, the "seller" provides all descriptive information. Show Your Auto does not see the car first hand unless previously agreed upon between Show Your Auto and seller. No guarantees on accuracy of auto information or condition are provided by Show Your Auto. It is recommended that potential buyers arrange to see the car before purchasing.
All links to preferred providers, auto clubs, auto shows, or the like are provided "as is" without warranty of any kind, whether expressed or implied, and Show Your Auto makes no warranties regarding their usability, condition, operation or availability. Show Your Auto does not warrant that access to the site or use of the site, the content or any other content, information, goods, services or software (if any) provided by or on behalf of Show Your Auto will be uninterrupted or error-free, or be free from viruses, or that the site will be available or accessible at all times. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
Content Ownership
Unless otherwise specified, the entirety of the Site, and all content contained therein, including copyrighted materials belonging to Show Your Auto available for downloading and purchase, electronic and printed materials provided as part of our services, text, site design, and the selection and arrangement thereof (collectively, "Content"), is protected by copyright law and is the property of Show Your Auto. Unless otherwise specified, any unauthorized use of such Content, including unauthorized reproduction, modification, distribution, translation, display, transmittal, publication, performance, licensing, transfer, creation of derivative works, re-sale or other commercial exploitation, without prior written permission of Show Your Auto, is strictly prohibited and you agree to take reasonable steps to prevent same.
Exclusivity in Media
At the SYA's request the Seller shall indicate whether the Vehicle is being offered in any other media (electronic, print, or otherwise). If it is not offered for sale in other media the SYA has the right to indicate in the listing that it is a media exclusive. Seller shall promptly notify the SYA of any change in the offering status of the Vehicle. Media exclusivity does not imply that the Company is the exclusive sales agent for the Vehicle. The Seller shall retain the right to sell the vehicle through independent channels, provided the buyer is not introduced from or the sale originates by the original Company listing.
Customer's Right to Cancel
Except in case of "The Auctioneer", where no refunds of any kind will be honored, the seller of the vehicle who purchases a service package with Show Your Auto has a right to cancel their purchase within 24 hours with written notification. After this 24 hour period, no refunds are given for any services provided by Show Your Auto. Ads will be printed in monthly publications and the vehicle, regardless of whether is sells or not, will remain in print for that month. The seller may, at any time, remove the car from sale. In the case of those who have purchased the "Sellers Agent" and "Auctioneer", if the seller removes the car for any reason other than they have sold the car privately, seller is liable for and agrees to pay actual costs of marketing and advertisement Show Your Auto has incurred in excess of the $75 fee. Please notify Show Your Auto if you would like your vehicle removed from the website by e-mailing pat@showyourauto.com.
Scope of Work
Placing advertisement for the automobile, fielding responses from advertisement, answering questions from and qualifying prospective buyers, and, in some cases, handling the transaction of the sale. Posted hours are 8am until 8pm CST.
Limitation of Liability
SYA’s maximum liability to Seller shall under no circumstances exceed the total amount paid by Seller for any SYA product or service. Under no circumstances will SYA be liable to Seller for any indirect, special, incidental, punitive, consequential, or other damages arising in connection with this Agreement. Seller indemnifies, defends and holds SYA harmless for any damages, claims, judgments, costs (including reasonable attorneys fees) incurred due to any act of Seller, including without limitation misrepresentation of the Vehicle or refusal to sell the Vehicle to a Buyer at an agreed price.
Severability
In the event any part, portion or provision or paragraph of this Agreement is declared void or invalid, the remaining portions of this Agreement are not affected and remain in full force and effect.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without regard to the principles of conflicts of laws. Suit under this Agreement shall only be brought in a court of competent jurisdiction in the State of Illinois.
Entire Agreement
This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and with respect to the matter contained herein and supersedes all prior agreements or understandings. This Agreement shall not be modified except in writing signed by both parties hereto. If any part, term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby.
Notices
Notices to Show Your Auto shall be sent to: Show Your Auto, 387 Poplar Avenue, Antioch, IL 60002; e-mail: jon@showyourauto.com. Notices to you shall be sent to the mailing and e-mail addresses provided by you, in connection with your arrangement to purchase any Show Your Auto products or services. Notices shall be deemed effective on the date of transmission by e-mail. No provision hereof shall be deemed waived by Show Your Auto unless such waiver shall be in writing and signed by Show Your Auto or a duly authorized representative of Show Your Auto.
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Terms of Sale
Our Relationship
Under the scope of service outlined in "Service Agreement", Show Your Auto llc (hereafter SYA) is acting as an agent for the Seller of the Vehicle. We are not in possession of the Vehicle(s) offered or advertised. SYA is providing a service to the Seller. Sellers have the right to sell the vehicle outright at any time. The Vehicle is being offered for sale through many venues which may include eBay Motors. SYA reserves the right to end any eBay auction at any time for any reason.
AS IS Sale
All vehicles are sold "AS IS WHERE IS" and with no warranties or guaranties of any type either expressed or implied made by SYA. Any warranties made by the Seller must be in writing on an instrument separate from the Bill of Sale and signed by both the Buyer and the Seller. In no event shall SYA, the auctioneer, any employee, or 3rd party agent or associate of SYA be responsible or liable for such warranties, guarantees or description of any Vehicle offered for sale.
Accuracy of Description
The Vehicle(s) being offered are in general older or used and are not perfect and not every flaw of the item can be listed. All Vehicle description/statements printed in SYA ads, showroom listings and auction descriptions as well as verbal statements made by the auctioneer or agents, have come directly from the Seller and are accepted as reliable. SYA has done its best to ensure the accuracy and completeness of the description of the Vehicle's attributes and overall condition. SYA will attempt to obtain all answers to any questions you may have. SYA assumes no responsibility or liability for representations made by Sellers and shall have no obligation to verify or authenticate such statements or claims.
Deposit Refunds & Inspection
All Vehicles are offered with the right to a pre-purchase inspection before the transaction is finalized. SYA can arrange to have the vehicle sent to an authorized or qualified dealer or have a qualified 3rd party agent inspect the Vehicle on site. Buyer may also personally inspect the Vehicle; send their own inspector or all of the above. Buyer is responsible for the entire cost of the inspection. SYA must receive a deposit of 5% of the final bid/agreed sale price and must be paid within 72 hours to secure sale of the vehicle prior to inspection. This deposit will be refunded in the event the Seller has materially misrepresented the vehicle. Inspections must be done within 10 calendar days, after the close of the auction or receipt of deposit monies, whichever comes first. Otherwise, it is assumed the Vehicle is to be accepted without an inspection. Once the vehicle is approved by the buyer (or 10 days have passed), the deposit becomes non-refundable and the remaining balance must be paid directly to the seller, or held in escrow by SYA.
Reserve Price
Unless the sale of a vehicle is advertised or announced to be otherwise, each Vehicle is offered subject to the reserve price of the Seller. WE DO NOT GIVE OUT RESERVE, so please do not ask.
Payment
Deposits and Final Payments must be in certified funds, defined as cash, a certified check, money order, traveler's checks, or wire transfer within a reasonable time frame as stated in auction description or as mutually agreed to by SYA and Seller. Title for any vehicle purchased may be withheld until Buyer's funds clear the Seller's or SYA's bank account. If you would like to pay by wire transfer, please contact Show Your Auto llc at 847-838-3749 for instructions, additional fees apply.
Delivery and Storage
All Vehicles shall be removed from the Sellers premises by the Buyer at Buyer's expense following the sale within a time frame mutually agreed to by Buyer and Seller. If not so removed, Seller may store or remove the Vehicle with all costs of moving and storage to be paid by the Buyer. Arranging transport of Vehicle is Buyer's sole responsibility. SYA will assist in arranging such transport service for an additional fee.
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Privacy Policy
Information Collection and Use
Show Your Auto is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in any way that is not relevant to your selling or buying the automobile at hand. In some instances, 'The Qualifier" requires Show Your Auto sending the contact information of prospective buyers to the seller. At the conclusion of sale, Show Your Auto will send the contact information of both buyer and seller to each other in order to complete transfer of the vehicle.
The Ordering Process
All information collected for payment transactions is completed through Agorapay Secure Online Ordering. We may request information from the user on our order form. This information is used for billing purposes and to process customer's orders only.
Log Files
We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Security
This website takes every precaution to protect our users' information. When users submit sensitive information via the website, your information is protected both online and off-line. When our order form asks users to enter sensitive information, that information is encrypted and processed through SSL. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user information off-line. All users' information is stored within our secure offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information.
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Copyright and Legal Notices
Copyright © 2003 -2004 Show Your Auto, LLC All rights reserved.
Other logos are the trademarks of their respective owners.
Show Your Auto, LLC reserves the right to refuse any order.
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