Auto Dealer Terms and Conditions

Definitions and Interpretations

In these Conditions, the following words have the following meanings:

  • Offer: The sum offered by an Auto Dealer to purchase a vehicle;
  • Conditions: These Auto Dealer Terms and Conditions as well as the Website Terms and Conditions;
  • Auto Dealer: A potential purchaser of vehicles who wishes to receive listings from Sellers using MotorTango;
  • Fee: The sum due to MotorTango in consideration of the services provided by the website and calculated in accordance with the published fee schedule;
  • Outstanding Loan: Any loan amount due in respect of the vehicle from any previous or current owner of the vehicle to a third party such as a car finance company or bank;
  • Personal Data: Any information that relates to an identified or identifiable person and relates only to personal data which: (i) MotorTango shares with the Auto Dealer or (ii) the Auto Dealer processes, in each case in connection with these Conditions;
  • Purchase Price: The price paid by the Auto Dealer to a Seller;
  • Seller: A Seller (usually the owner) of a vehicle introduced or referred to the Auto Dealer by MotorTango;
  • Seller Vehicle Data: The information provided by the Seller with respect to the Vehicle;
  • Vehicle: Any Vehicle offered for sale by the Seller;
  • Vehicle Sales Contract: An agreement or arrangement entered into by the Auto Dealer and a Seller for the sale of a Vehicle;
  • Website: The MotorTango website available at https://motortango.com and operated by dashboard66.

1. Appointment

  1. The Auto Dealer acknowledges that from time to time MotorTango may provide to the Auto Dealer the Seller Vehicle Data.
  2. If the Auto Dealer wishes to make an offer for the Vehicle, it shall enter it in MotorTango Auto Dealer dashboard. The Auto Dealer acknowledges and agrees that by making an offer, the Auto Dealer is making an offer capable of acceptance to purchase the Vehicle for the Offer. If the Offer is accepted by the Seller, then a legally binding contract comes into existence and subject to Condition 2.2, the Auto Dealer shall purchase the Vehicle from the Seller and the Offer shall be the Purchase Price due to the Seller.
  3. Each party acknowledges and agrees that it has no authority, and shall not hold itself out, or permit any person to hold itself out, as being authorized to bind the other party in any way.
  4. The Auto Dealer represents that it is a licensed and active dealer as an Auto Dealer within the state it operates. If such license lapses, the Auto Dealer agrees not to submit offers or use MotorTango.
  5. Any disputes between the Seller and Auto Dealer are between these two parties. MotorTango will not be a party to the dispute.
  6. The Auto Dealer acknowledges that MotorTango is pulling auto valuation estimates from multiple sources. The Auto Dealer should not rely on such valuations when making offers.

2. Purchase and Transport of the Vehicle

  1. Once the Seller has accepted the Offer, MotorTango shall contact the Auto Dealer and the Seller. Within 24 hours of that contact, the Auto Dealer must contact the Seller to arrange a collection date and, if the Auto Dealer wishes to use a written Vehicle Sales Contract, provide to the Seller a copy of such Vehicle Sales Contract. The Auto Dealer has five days to collect the vehicle and perform any inspections before completing the sale.
  2. The Auto Dealer is responsible for the collection of the vehicle and transfer of the tile, verifying ownership of the vehicle, and paying any applicable sales tax.
  3. The Auto Dealer agrees that the Vehicle is being purchased “As-Is”.
  4. The Auto Dealer shall only be entitled to withdraw its Offer if on collecting the Vehicle:
    1. The Seller refuses to sell the Vehicle;
    2. There is any undisclosed Outstanding Loan or lien on the Vehicle; and/or
    3. The Auto Dealer can demonstrate that the provided Seller Vehicle Data is incorrect or incomplete, including if there is undisclosed damage to and/or faults with the Vehicle and the Seller refuses to agree to an amended offer which is fairly calculated to account for the undisclosed damage and/or faults.
  5. The Auto Dealer agrees that the Vehicle is sold only on the basis of the Seller Vehicle Data and following an inspection by the Auto Dealer. The Auto Dealer acknowledges and agrees that it is responsible for carrying out the necessary checks both prior to and on collection of the Vehicle. If the Auto Dealer engages a third party agent to collect the Vehicle, it is the Auto Dealer’s responsibility to ensure that the agent inspects the Vehicle. The Auto Dealer shall notify MotorTango that it has collected the Vehicle within one (1) Working Day of collection. Vehicle transportation is at the Auto Dealer's expense.
  6. The Auto Dealer undertakes and agrees with MotorTango to act at all times in its relations with MotorTango and Sellers dutifully and in good faith.
  7. If the Seller Vehicle Data states that there is an outstanding loan or lien, then the Auto Dealer shall pay the sum due to the finance company, and the Purchase Price paid to the Seller shall be reduced by the amount of the outstanding loan or lien.

3. Vehicle Sales Contract

  1. If the Auto Dealer uses a Vehicle Sales Contract, the Auto Dealer warrants that the Vehicle Sales Contract shall:
    1. Comply with all provisions of applicable laws and regulations.
    2. Not permit either the Seller or the Auto Dealer to cancel or terminate the Vehicle Sales Contract without cause, except in accordance with applicable laws that may not lawfully be excluded; and
    3. Not include MotorTango as a party to the Vehicle Sales Contract and/or include any representations, warranties or conditions purported to be made by MotorTango.
  2. At the request of MotorTango, the Auto Dealer shall provide to MotorTango a copy of its Vehicle Sales Contract.
  3. The Auto Dealer shall pay all sums due to MotorTango when the Vehicle Sales Contract is complete. The Auto Dealer's credit card will be charged for the full amount due based on the published Fee Schedule.

4. Fee

  1. The Fee is due in addition to the Purchase Price. When the Seller selects the Auto Dealer, the Auto Dealer will be notified. The Auto Dealer is responsible for reviewing the published Fee Schedule. The Auto Dealer shall pay all sums due when the Vehicle Sales Contract is complete.
  2. The Auto Dealer agrees that if the Seller notifies MotorTango that the Auto Dealer has withdrawn their Offer, then no Fee shall be paid to MotorTango by the Auto Dealer.  If the Auto Dealer reduces its offer to the seller, the Fee shall remain due and payable based on the Original Offer made by the Auto Dealer.
  3. The Auto Dealer acknowledges MotorTango shall be entitled to amend the calculation of the Fee at any time but any amendment shall not affect any Offer already received by an Auto Dealer.

5. Warranties

  1. Each of the parties represents, warrants and undertakes that:
    1. It has the right, power and authority to enter into these Conditions and to perform fully all of its obligations under these Conditions; and
    2. The performance of these Conditions shall not breach any other agreement entered into by it.
  2. MotorTango makes no warranty or guarantee that a Seller will comply with the provisions of a Vehicle Sales Contract. Accordingly, Motortango shall not be liable for any costs, claims, losses, expenses or damages incurred by the Auto Dealer as a result of any act or omission of a Seller.
  3. MotorTango makes no warranty, representation, endorsement or recommendation in respect of any of the Seller Vehicle Data or any Vehicle. The Auto Dealer agrees to satisfy itself that the Vehicle complies with the Seller Vehicle Data on inspection of the Vehicle and before purchasing it from the Seller. Accordingly, the Auto Dealer acknowledges and agrees that MotorTango shall not be liable for any costs, claims, losses, expenses, liabilities or damages incurred by the Auto Dealer or any third party for the Seller Vehicle Data and/or the Vehicle itself.
  4. The Auto Dealer understands it is purchasing the Vehicle “As-Is.”

6. Limit of Liability

  1. Neither party shall be liable to the other party under these Conditions, in contract, tort (including negligence), under statute or otherwise, in relation to its acts or omissions under these Conditions for any:
    1. economic loss (including loss of revenues, profits, contracts, business or anticipated savings);
    2. loss of reputation or goodwill;
    3. wasted expenditure;
    4. loss of data or content; and/or
    5. special, indirect or consequential loss even if advised of the possibility of such losses.
  2. The total liability for MotorTango arising out of or relating to these Conditions or its subject matter and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) shall be limited to:
    1. the Fee paid by the Auto Dealer relating to the Vehicle that is the subject of the claim; or
    2. if the claim does not relate to a Vehicle, the Fee paid by the Auto Dealer to MotorTango in the 6 (six) months preceding the date of the claim.
  3. Nothing in these Conditions shall limit or exclude a party’s liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other loss that cannot lawfully be excluded or limited.

7. Termination

  1. Without prejudice to any other rights or remedies which may be available to it, either party shall be entitled to give notice in writing to the other party terminating the Conditions immediately on written notice.
  2. On termination of these Conditions:
    1. The Fee shall remain due in respect of any Offer made by the Auto Dealer that is accepted by a Seller.
    2. All other terms and conditions as provided in our Website Terms and Conditions shall apply to the extent provided by law.
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