Terms and Conditions

The following terms and conditions apply to your purchase of goods and/or services from and/or through this website and/or Northeast Auto Inspection Services DBA National Auto Inspection Services and/or our affiliates and inspectors.

1. ENTIRE AGREEMENT. Defined as the Terms and Conditions listed here and the disclaimer (which is incorporated into this agreement) listed on www.autoinspectionservices.net website to include Northeast Auto Inspection Services and/or our DBA name National Auto Inspection Services and our affiliates herein after referred to as NAIS. The Inspection Order Form, written or verbally communicated, (collectively as, this "Agreement") contains the entire agreement between you ("you" or Customer") and NAIS and/or any Affiliate with respect to your purchase of any goods and/or services through NAIS. This Agreement supersedes any prior written or oral agreements between the parties. This Agreement may not be amended except by a written agreement executed unless mutually agreed upon by all interested parties. In the event of a conflict between these Terms and Conditions and the NAIS Inspection Order Form, these Terms and Conditions shall control. The NAIS Disclaimer is deemed to be a part of and is incorporated by reference into these Terms and Conditions.

2. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

3. The failure of NAIS to enforce any provision of this Agreement shall not be construed as a waiver or limitation of NAIS' right to subsequently enforce and compel strict compliance with that provision or any other provision of this Agreement.

4. All questions concerning the construction, validity, and interpretation of this Agreement and the performance of the obligations imposed by this Agreement shall be governed by the internal law, not the law of conflicts, of the State of Pennsylvania. Any suit, action or proceeding against a party to this Agreement brought by you (customer) or another party with regard to this Agreement or the rights and obligations of the parties under this Agreement shall be brought in the United States District Court for the District of Pennsylvania, located in or near Belle Vernon, Pennsylvania, Westmoreland County or, if federal jurisdiction is not available, in the appropriate court of the State of Pennsylvania that is located in proximity of Belle Vernon, Pennsylvania Westmoreland County. All interested parties hereby irrevocably consent to the jurisdiction of the aforementioned courts. In addition you (customer) irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon you (customer) and may be enforced in any court in which the customer is subject to jurisdiction by a suit upon such judgment.

5. WAIVER OF TRIAL BY JURY. EACH PARTY TO THIS AGREEMENT HEREBY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY COURT AND IN ANY ACTION OR PROCEEDING, WHETHER IN TORT, CONTRACT OR OTHERWISE, IN WHICH ANY SUCH PARTY, OR ANY SUCCESSOR OR ASSIGN OF SUCH PARTY, AS TO ALL MATTERS ARISING OUT OF OR RELATING, DIRECT OR INDIRECTLY, TO THIS AGREEMENT AND THE RELATIONS BETWEEN THE PARTIES HEREUNDER.

6. This Agreement shall be binding upon and be enforceable by the parties to this Agreement and their respective successors, heirs, personal representatives and permitted assigns permitted by this section. No assignment, designation or other conveyance of this Agreement or of any rights or obligations hereunder may be made by Customer (by operation of law or otherwise) without the prior written consent of NAIS. Furthermore NAIS may assign, delegate or otherwise convey its rights and obligations under this Agreement to any other party.

7. REPRESENTATION AND WARRANTY DISCLAIMER. WITH THE SOLE EXCEPTION OF THE GUARANTEE STATED IN THE NAIS DISCLAIMER, ANY GOODS AND/OR SERVICES PROVIDED TO YOU BY NAIS ARE PROVIDED "AS IS" BY NAIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF VEHICLE INSPECTIONS INCLUDING INFORMATIONAL CONTENT OR ACCURACY OF THE VEHICLE CONDITION OR VEHICLE PROBLEMS (PAST OR PRESENT).

NAIS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO ANY GOODS AND/OR SERVICES PROVIDED TO YOU BY OR THROUGH OTHER PERSONS VIA THIS WEBSITE, INCLUDING, WITHOUT LIMITATION TO, SERVICES PROVIDED BY ANY AFFILIATE OF NAIS, ARE REFERRED TO HEREIN AS "AFFILIATES"). ALL WARRANTIES SOLD BY NAIS ARE UPHELD BY A 3RD PARTY INSURANCE OR WARRANTY COMPANY NAMED IN THE CONTRACT AND ALL WARRANTIES EXPRESSED ARE THE RESPONSIBILITY OF THE ORIGINATING WARRANTY COMPANY TO UPHOLD SUCH WARRANTY.

8. Customer agrees that the collective liability of NAIS and/or its stockholders, members, partners, directors, managers, officers, employees, agents and Affiliates (each, a "NAIS Indemnified Party" and collectively, the "NAIS Indemnified Parties") to Customer or to Customer's stockholders, members, partners, managers, directors, officers, employees or agents for any action, damage, claim, liability, cost, expense or loss in any way arising out of or related to this Agreement and/or any inspection of any vehicle by NAIS or any of its agents, and/or out of other goods and/or services provided by NAIS or any Affiliate shall be limited to (i.e., may not be more than, but can be less than) the fees paid by Customer to NAIS pursuant to this Agreement. In no event shall any of the NAIS Indemnified Parties be liable to Customer or to Customer's stockholders, members, partners, managers, directors, officers, employees or agents for consequential, exemplary, special, direct, indirect, incidental or punitive damages, including, without limitation, lost profits or opportunity costs even if any or all of the NAIS Indemnified Parties were notified of the possibility or likelihood of such damages occurring. The provisions of this section shall apply regardless of the form of action, damage, claim, liability, cost, expense or loss, whether in contract, statute, tort (including, without limitation, negligence). In jurisdictions that prohibit the exclusion or limitation of liability for consequential, incidental or other damages, the liability of each NAIS Indemnified Party is limited to the greatest extent permitted by law.

9. Customer agrees to indemnify and hold harmless each NAIS affiliate or party from and against (and will pay upon demand each NAIS Indemnified Party the amount of) any and all losses, liabilities, claims, costs (including costs of investigation and defense), damages and expenses (including attorneys ' fees) which any NAIS Indemnified Party may sustain resulting from, arising out of, relating to or caused by (a) any breach by Customer of any contract or other agreement of Customer contained in this Agreement; (b) any breach of any representation or warranty made by Customer in this Agreement; and/or (c) any third-party claim, including claims of NAIS inspectors and Affiliates, brought against NAIS as a result of Customers actions. In connection with any action or proceeding that may give rise to an obligation of Customer to indemnify a NAIS Indemnified Party, the NAIS Indemnified Party shall have the exclusive right, at its option, to defend, compromise and/or settle the action or proceeding, and the Customer shall be bound by the determination of any action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this section are not exclusive of and do not limit any other remedies that may be available to any NAIS Indemnified Party.

10. In the event NAIS or any Affiliate shall be delayed or hindered in, or prevented from, the performance of any act required of it by reason of failure of power, telecommunications or connectivity failure, computer malfunctions, restrictive governmental laws or regulations, a labor dispute, industry disturbance, fire, unusually severe weather conditions, riot, insurrection, war, act of terrorism, act of God or any circumstance or cause beyond the control of such party in the reasonable conduct of its business then performance of such acts will be excused for the period of the delay and the period for performance of any such act shall be extended for a period equivalent to the period of such delay.

11. Prior to taking any action against NAIS or any Affiliate as a result of a breach by such party of its obligations under this Agreement, Customer shall provide NAIS with written notice of the breach and NAIS or the Affiliate shall have thirty days to cure such breach.

12. TAXES. The cost of goods and/or services to Customer set forth on NAIS website does not include sales, use, excise or any other applicable taxes or assessments. Such taxes or assessments, if any, will be added to Customer's price. Customer agrees to pay to NAIS on demand any such tax or assessment. All use and excise tax is the sole responsibility of Customer.

13. CANCELLATION of an inspection once it has been ordered and assigned will result in a partial charge determined as necessary (minimum of $25). If an inspection is ordered and the vehicle is sold by the seller without notifying NAIS or the inspector 24 hours prior to the scheduled inspection then a charge will be incurred by the person or company ordering the inspection. If the inspector arrives at the vehicle location and is unable to complete the inspection due to the seller's unwillingness to comply, at this point the full inspection cost will remain liable from the person ordering the inspection. If a second visit to the vehicle is required for any reason, including a road test that was unable to be performed prior, then a separate fee will be liable from the person ordering the inspection. Customer also acknowledges that the seller must be made aware of NAIS representing you (customer) for inspection purposes and that you must notify the seller of your intent to have inspected.

14. The provisions of this Agreement that are reasonably intended to survive the Agreement's termination with regard to Customer obligation shall survive the termination of this Agreement. In addition, any of Customers obligations under any provision of this Agreement which have accrued but have not been fully satisfied, performed or complied with prior to the termination of this Agreement shall survive the termination of this Agreement to the extent necessary until the full and complete obligations of such provisions have been satisfied.

15. All notices, requests, consents, demands or other communications given under this Agreement shall be in writing and shall be deemed accordingly given and received (a) upon personal delivery to the party to whom it is directed; (b) seven days after being sent by certified or registered mail return receipt requested, to the party to whom it is directed, postage and charges pre-paid; (c) one business day after being sent by express overnight delivery by a national carrier to the party to whom it is directed; (d) upon being transmitted by facsimile to the party to whom it is directed so long as the sender retains the confirmation copy indicating that the facsimile was received by the party to whom its is directed; or (e) upon actual delivery if sent by electronic mail or any other electronic means (electronic mail or any other electronic means shall constitute a writing for purposes of this Agreement). All notices, requests, consents, demands and other communications (i) to Customer shall be addressed at the address provided by Customer on the NAIS Inspection Order Form and (ii) to NAIS, shall be addressed to info@autoinspectionservices.net.

It is advisable to purchase a used vehicle extended warranty to cover your newly acquired vehicle in the event of any failures that may occur. All inspections are ordered and paid for in advance and are based on local driving range from inspector's office or location, additional fees may apply if the range to the vehicle is greater than the inspector's local driving range.

 
 
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