Cash in person, certified bank draft from major US bank, or wire transfer.There is no financing and you must have the means to pay for the vehicle before bidding on the vehicle.Payment must be received in full before vehicle is processed and shipped to Buyer from Florida.
Shipping Costs
Unless otherwise indicated in the listing, Buyer is responsible for all shipping costs and shipping costs are not included in the winning bid/best offer.A flat rate of US$1750 will be charged and added to the winning bid to cover the shipping costs from Costa Rica to Miami.Buyer can then arrange to have the vehicle shipped to its final destination once cleared in the USA.Buyer is also responsible for the shipping costs within the USA.We can assist with recommending a reputable and economical shipper within the USA.However, Buyer is under no obligation to use recommended shipper.Buyer further understands that said recommendation DOES NOT constitute and endorsement by The Vintage Company insofar as any of the services and/or reliability of the recommended shipping company and Buyer assumes full responsibility for any and all transactions between such.Shipping costs, within the USA, usually range between US$750-US$1250, but shipping charges may vary depending on the ultimate destination.
Liability
It is further agreed that Buyer assumes full liability for the vehicle upon payment of the deposit.It is strongly advised that Buyer secures transit insurance in the amount equal to or greater than the listing price of the vehicle in order to cover the vehicle against theft or loss during the entire journey from Costa Rica to Buyer’s ultimate destination.Shipping insurance, to insure the vehicle, is provided only during transit between the shipping warehouse in Costa Rica and the port in Miami, and is included as part of the “administrative and documentation fees” as outlined under the “Fees and Taxes” section of this agreement.The Buyer should secure coverage for all other portions (legs) of the journey.
Buyer Inspection
We have done our best to describe every vehicle as accurately as possible and have disclosed all of the information known to us about every vehicle.However, we do realize that tastes and descriptions are highly subjective, so we do encourage each and every purchaser to fully inspect the vehicle before making any offers, either in person, or via an agent (mechanic, appraisal service, etc.).Please make arrangements for the inspections prior to purchase.All inspection expenses, if any, are the responsibility of the buyer and are in addition to the final agreed upon price.
Warranty
There is no warranty expressed or implied and the vehicle(s) herein is/are sold in “AS-IS” condition unless otherwise noted in the vehicle description.
Fees and Taxes
Buyer(s) are also responsible for all applicable state and local tax, title and license fees in both Florida (initial title work) and/or the Buyer(s) home state (title transfer) and these fees are in addition to the final agreed upon price.Buyer(s) will also be charged an additional administrative, insurance and documentation fee of US$750, which will be added to the final agreed upon price, to cover the Costa Rican DMV transfer and notary fees, import documentation costs and limited transit insurance coverage pursuant to the “Liability” section of this agreement.All incoming and outgoing wire transfer fees and courier costs are the sole responsibility of the buyer and are in addition to the final agreed upon price.
Auctions
Our vehicle(s) are also listed locally and with other search engines and we therefore reserve the right to take them off the market at any time if the vehicle is sold or otherwise becomes unavailable before the vehicle is paid in full.
Communications
We will be happy to communicate through telephone, email or the eBay message system, so please feel free to ask any questions you may have using any of these methods.We will do our best to respond to your questions within 24hrs but often respond within minutes.If there is anything you are not sure about, please ask before you make an offer.Once a bid/best offer is placed and/or accepted, the purchaser can not retract his/her bid/best offer on the grounds that something was not clear in the listing description.
Governing Law
The purchaser is entering into a legally binding contract so govern yourself accordingly. This contract shall be governed by and construed in accordance with the laws of the State of Florida.
Jurisdiction and Venue
The Parties agree that any action and/or proceeding arising out of or related to this contract shall be instituted only in the ninth (9th) judicial district court of the state of Florida in Orange or Osceola County.Each Party consents and submits to the jurisdiction of such court(s) and agrees that venue therein shall be proper and convenient.In any such action or proceeding in such court(s), each Party waives any right to raise any objection based upon improper venue, lack of jurisdiction, or inconvenient forum.In connection with any such action or proceeding, each Party consents to personal jurisdiction of such court(s) and agrees service of process may be effected by United States mail.
Arbitration
Except as otherwise expressly provided in this contract, all claims, controversies or disputes arising out of or related to this contract, or any breach thereof, shall be resolved by binding arbitration in the city of Kissimmee or Orlando, in the state of Florida, as provided herein, and arbitration shall be heard before a single arbitrator mutually selected by the parties pursuant to JAMS rules and procedures. The arbitrator(s) shall strictly enforce all provisions of this contract except to the extent applicable law requires otherwise. The arbitrator(s) shall have no authority to grant either Party punitive, exemplary, consequential or other special damages of any kind.Judgment upon the award of the arbitrator(s) may be entered in any court of competent jurisdiction.
Liquidated Damages
If Buyer breaches his/her obligation to complete this transaction by not paying the full balance of the purchase price of the vehicle, including any and all additional charges which are to be added the winning bid/best offer, and/or for any other reason pursuant to the terms and conditions provided for in this contract, Buyer shall pay Seller the sum of $5,000.00 as liquidated damages.The aforementioned liquidated damages sum is in addition to any deposit required by Seller upon the close of this Auction.The parties agree that since the restoration of old vehicles is a costly and time consuming enterprise, which requires a positive cash-flow in order to complete the vehicles on time and on budget, that quantifying losses arising from Buyer’s breach of this contract is inherently difficult insofar as a breach may impact the Seller’s reputation and/or Seller’s ability to continue to deliver the highest quality restoration(s) to its customers, and further stipulate that the agreed upon sum is not a penalty, but rather a reasonable measure of damages, based upon the Seller’s experience in the vehicle restoration business and given the nature of the losses that may result from such a breach.In the event the liquidated damages clause set forth herein is found to be penal in nature because it gives the aggrieved party the option to invoke it, the parties agree that the liquidated damages provision shall apply and the option shall be null and void.
Attorney Fees
In any action, proceeding, or arbitration pursuant to this contract, the court or the arbitration panel, as applicable (the “tribunal”), shall award to the prevailing Party all of such Party’s costs related to the controversy (including without limitation attorneys’ fees and out-of-pocket expenses).Where each Party prevails in part, the tribunal shall award to each Party that part of its costs which the tribunal deems allocable to those issues as to which such Party prevailed.
Limitation of Action
Except as set forth below, neither Party shall bring any action or institute any proceeding related, directly or indirectly, to this contract more than three (3) months after the Party initiating the action or proceeding knew (or reasonably should have known) of the essential facts giving rise to the underlying cause of action or more than one-hundred and twenty (120) days from the initial purchase.
Integrated Agreement
This contract is an integrated agreement and (including without limitation subsequently effective Ancillary Documents) constitutes the entire Agreement between the Parties with respect to the subject matter hereof, and supersedes and replaces any and all prior agreements or arrangements between the Parties, whether oral or written.This agreement is subject to the parol evidence rule.Furthermore, each of the Parties acknowledges that no other party, nor any agent or attorney of any other party, has made any promise, representation, or warranty whatsoever, and acknowledges that the Party has not executed or authorized the execution of this Agreement in reliance upon any such promise, representation or warranty, that is not expressly contained herein.
Interpretation
Each Party and/or their attorneys have participated fully in the review and acceptance of this contract.Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply with respect to this contract.
No Waiver
The failure of either Party hereto to insist upon strict performance of any of the terms or condition of this contract shall not be deemed to be a waiver of any rights or remedies of such Party in respect of any other provision hereof or in respect of any subsequent breach or default under such term or condition.
Enurement
This contract will enure to the benefit of and be binding upon the parties hereto, and their respective administrators, successors, and permitted assigns.
Amendments
No amendment or variation to this contract will operate to change or vary the terms, obligations or conditions hereof except upon mutual agreement by both parties signed by an authorized representative of each party.
Severability
In the event that any provision(s) of this contract is/are determined to be invalid and/or unenforceable by a court of competent jurisdiction, in any jurisdiction, the remainder of the contract will remain in full force and effect without said provision in said jurisdiction and such determination will not affect the validity or enforceability of such provision or the contract in any other jurisdiction.
Satisfaction Guarantee
The complete satisfaction of your purchase is our top priority.We therefore guarantee that the vehicle that you purchase from us is exactly as described in the listing or your money back (less any shipping, administrative, and export/importation fees).This provision only applies to vehicles which have been purchased “sight unseen” and DOES NOT APPLY TO VEHICLES WHICH HAVE BEEN CUSTOMIZED AT THE REQUEST OF THE BUYER WHETHER OR NOT PURCHASED “SIGHT UNSEEN.”Winning bidder shall have 48hrs from the time he/she takes possession or 25 additional miles on the odometer to inspect the vehicle and to contact us about canceling the deal.However, should winning bidder choose to cancel the deal, he/she will be considered in breach of this contract and the winning bidder shall remain responsible for the initial cost(s) of shipping the vehicle from Costa Rica to Miami, Florida, and for any and all additional shipping costs within the USA, and for any and all return shipping costs to Costa Rica, any and all administrative, and/or importation fees, taxes and duties both to initially export and import the vehicle into the USA from Costa Rica and to re-export and re-import the vehicle from the USA to Costa Rica.The purchaser shall also be responsible for any and all damage that occurs to the vehicle until the vehicle is returned and has been physically delivered and received by The Vintage Company.Once again, we want you to be 100% satisfied with your purchase!
Electronic Signature Clause
By bidding and/or clicking on the “Buy it Now” button of this auction, you and the registered owner of the eBay account used to participate in this auction, is/are signing thisAgreement electronically. You agree your electronic signature is the legal equivalent of yourmanual signature on this Contract and you unequivocally consent to be legally boundby the terms and conditions of this Contract. You further agree that your use of a key pad,mouse or other device to select an item, button, icon or similar act/action, or to otherwiseprovide The Vintage Company instructions via the eBay website, or in accessing or making any transaction regarding any contract, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and The Vintage Company. You also represent that you are authorized to enter into this Agreement for all person(s) who own or are authorized to access any of your eBay accounts and that such person(s) will be bound by the terms of this Contract. You further agree that each use of your E-Signature in connection with this and/or any other eBay auction that you participate in, that is brought to you by The Vintage Company, constitutes your agreement to be bound by the terms and conditions of this Contract as they exist on the date and time of your E-Signature.