OEM Auto Sales - Terms of Use
Automobile Availability and Prices
OEM Auto Sales.com does not guarantee
Automobile prices or Availability. All
transactions are conducted by and
fulfilled through state licensed and
franchised or independent automobile
dealers. All automobile descriptions and
prices provided to you either on our
website or via separate contact
following your submission of a purchase
request are made by the participating
dealer possessing the desired automobile
and not by OEM Auto Sales.com. All
automobiles prices and descriptions
listed as available on our Website are
established and electronically placed
there by the participating dealer who
owns the automobile and not OEM Auto
Sales.com. All Automobiles are subject to prior sale and may be available when your requestis processed.
All prices and terms are valid on date of publication only. All data and
information used in our research tools
for configuring automobiles, selecting
options, determining pricing, invoice or
incentives on this Website are supplied
by third party vendors for educational
purposes only and are not intended to be
binding on OEM Auto Sales.com or the
subscribing dealer. All tools appearing
on this Website that allow for
configuring automobiles with different
options do so with such items that are
typically available from the
manufacturer and are typically available
at local dealerships and may not be
indicative of all of the configurations
and equipment available on the
automobile being configured or the exact
price(s) for a automobile so equipped.
OEM Auto Sales.com will attempt to
fulfill your request through the
inventories of participating dealers,
subject to availability and final
pricing from that dealership and not OEM
Auto Sales.com. Any discrepancies or
mistakes made regarding automobile
availability, condition or pricing are
not the responsibility of OEM Auto
Sales.com and should be directed to the
dealer or third party vendor responsible
for providing the information.
We do not guarantee either expressly or
by implication that we will find a
automobile that meets your
specifications. Exact matches can be
extremely difficult to find because of
geographic location, automobile
popularity, and limited production or
factory-to-dealer allocations.
Rebates and Incentives
Information regarding rebates or
incentives as they appear on this
Website are provided to OEM Auto
Sales.com from independent third party
data providers and republished for
educational benefit only. Though OEM
Auto Sales.com uses reasonable efforts
to ensure the accuracy of the
information provided, such information
is not intended to be a substitute for
direct communication between you and the
manufacturer or manufacturer's
dealer/agent. Any regional and national
cash incentives or rebates offered to
consumers by the manufacturer are
exclusively between you and the
manufacturer or dealer and may affect
the actual sale price of the automobile.
OEM Auto Sales.com does not participate
in any such program and is not
responsible for ensuring the incentive
amount or your receipt of such benefits.
Links to Third Party Websites
This Website may contain hyperlinks to
Websites operated by parties other than
OEM Auto Sales.com. Such hyperlinks are
provided for your reference only. OEM
Auto Sales.com does not control such
Websites, and is not responsible for
their contents. OEM Auto Sales.com's
inclusion of hyperlinks to such Websites
does not imply any endorsement of the
material on such Websites.
Agreement Between User and OEM Auto Sales.com
This Website is offered to you, the
user, conditioned on your acceptance
without modification of the terms,
conditions and notices contained herein.
Your use of the OEM Auto Sales.com
Website constitutes your agreement to
all such terms, conditions and notices.
Online Automobile Data, Condition, Warranty, Price and Payment Quotes
The information on the OEM Auto
Sales.com Website is being provided for
educational purposes only. This Website
is designed to enable users to obtain
online and offline automobile price and
payment quotes from participating
dealers and independent providers, NOT
OEM Auto Sales.com. All quotes are
estimates only and exclude state and
local taxes, as well as any state and
local governmental charges, including
without limitation, registration,
license and title fees, documentary
fees, emissions certification fees and
added accessories you choose to place on
the automobile. On occasion,
unintentional, but material, errors may
occur in the entry of condition,
warranty, pricing and/or payment data
that forms the basis of such quotes
furnished through the OEM Auto Sales.com
Website. In such an event, OEM Auto
Sales.com will not honor such quotes.
OEM Auto Sales.com, in its sole
discretion, will make the determination
as to whether a quote is materially
inaccurate as a result of unintentional
data entry errors. Know what you are signing at the time of purchase or lease
as a dealer is not prohibited from
independently negotiating all of the
terms and conditions of the final sale.
Your acceptance of and execution of a
contract for the purchase or lease of a
automobile and/or your purchase or lease
of any automobile on an "as-is" or
"implied warranty only" basis or with
any terms differing from those quoted to
you on this Website will supersede any
posted or referenced terms, conditions
and/or warranties displayed on our
Website and be legally binding upon you.
Used Car Terms and Conditions
Used Car General Warranty Standards:
None of the Automobiles listed are owned
by OEM Auto Sales.com. OEM Auto
Sales.com offers no express or implied warranty on any Automobile. Automobiles
displayed for sale on the OEM Auto
Sales.com used car section may be sold
with or without warranty from the
selling dealer. Unless stated otherwise,
all Automobiles are sold "AS-IS", with
all faults and without warranty, express
or implied. All express or implied
representations reguarding a Automobile
are that of the selling dealer and not
OEM Auto Sales.com. The Dealer is solely
responsible for ensuring each automobile
meets minimal state and federal
emissions and safety standards
applicable for the model and year of
automobile prior to its sale.
It is your responsibility to read the
Automobile description provided by the
Dealer and to physically inspect the
Automobile prior to completing your purchase.
Dealer may post any retail
quality automobile owned by the Dealer,
regardless of model year or mileage.
Dealer is responsible for disclosing
prior rental and dealer demonstration
history, frame damage, salvage history,
stolen-recovery history, flood damage,
and any material cosmetic or mechanical
damage, defect or irregularity of the
automobile. Dealer, in its sole
discretion, may offer a limited warranty
for a automobile(s) or in the
alternative, offer a automobile, without
warranty, AS-IS
Credit Evaluation
You are not required to apply for
automobile financing as a condition of
your using this Website or any of the
services offered hereon. Independent
third party lenders and not OEM Auto
Sales.com provide all
automobile-financing programs. If you
choose to apply for financing through
one of our affiliated-lending partners,
you do so with this understanding. You
will be asked to submit an application
for credit and other documentation, as
the lender deems necessary in order to
facilitate the loan. Payment information
provided to you on this Website is for
educational purposes only and shall not
be considered as final. Your actual
payment will be based upon, among other
things, the results of an independent
credit evaluation, current prevailing
interest rates, and the length and
amount of the loan requested.
Insurance Rate Comparisons
Information regarding insurance rates
and comparisons as they appear on this
Website are provided to OEM Auto
Sales.com from independent third party
providers and republished for
educational benefit only. OEM Auto
Sales.com is not an insurance broker
acting on behalf of any consumer, nor is
OEM Auto Sales.com acting as an agent
for a particular insurance company. OEM
Auto Sales.com is an information service
where consumers may review a number of
different automobile insurance products
on the market today. The coverage
presented by participating insurers is
designed to meet the insurance needs of
a majority of consumers. Your particular
circumstances may differ and thus may
require additional information. By
supplying these information resources,
OEM Auto Sales.com is not making any
recommendations or providing any advice
as to whether or not any particular
insurance coverage is suitable for your
individual circumstance. OEM Auto
Sales.com does not endorse or recommend
any specific insurance company or
coverage plan. Your decision to select
any particular insurance company and
coverage plan should be based upon your
own assessment of your individual needs
and the amount of insurance coverage
that meets those needs. In some cases,
OEM Auto Sales.com sources may provide
comparative estimates that may be higher
or lower depending upon individual
underwriting criteria applied by
particular insurers. This is not an
application for insurance. All premiums
displayed are estimates and not
guaranteed.
Automobile Hold Requirements,
Deposits and Service Fees
It is your responsibility to know the amount and nature of any deposit you are
being asked to make or fees being charged to you as part of your
Automobile purchase or lease.
OEM Auto Sales.com does not charge a fee
to consumers for our services except as
provided below. *
Any deposit requirement is strictly
negotiable between you and the dealer
(NOT OEM Auto Sales.com). From
time-to-time a automobile dealer with
whom you are negotiating for a purchase
or lease may require a good faith
monetary deposit as a good faith showing
of your intent to purchase or lease a
general make, model or type of
automobile and/or to hold a particular
automobile on your behalf.
Absent a specific agreement between you
and the dealer, a dealer is not required
to hold any automobile off the market
and is free to sell any automobile at
any time before you have executed a
contract to purchase such automobile.
The act of submitting a purchase request
through our Website does not place a
hold on any specific automobile in a
dealer or manufacturer's inventory. A
monetary deposit made by you to the
dealer is not a guarantee that a
specific automobile will be available
for you to purchase unless you and the
dealer specifically agree to such term
and the automobile is clearly identified
on a deposit receipt by the Automobile
Identification Number or Dealer Stock
Number. It is your responsibility to
confirm with the dealer that the
automobile will be held off the market
until you can arrive at the dealership
to complete the purchase and whether or
not an additional deposit is necessary
as a condition of the dealer holding the
automobile for you.
Whether your deposit is refundable or
not is subject to your contractual
agreement with the dealer and/or state
law. You should not assume a deposit
made by you towards the purchase or
lease of a automobile is fully
refundable. Deposits made on special
ordered automobiles may not be
refundable in the event you ultimately
do not complete the purchase or lease.
Personal and Non-Commercial Use Limitation
This Website is for your personal and
non-commercial use. You may not modify,
copy, distribute, transmit, display,
perform, reproduce, publish, license,
create derivative works from, transfer,
or sell any information, software,
products or services obtained from this
Website. The content available through
this Website is the sole property of OEM
Auto Sales.com or its licensors and is
protected by patent, copyright,
trademark and other intellectual
property laws. Except as otherwise
explicitly agreed in writing, OEM Auto
Sales.com-owned content received through
this Website may be downloaded,
displayed, and printed for your
personal, non-commercial use only.
Content owned by OEM Auto Sales.com
licensors may be subject to additional
restrictions. You agree not to
reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast or
circulate the content received through
this Website to anyone, including but
not limited to others in the same
company or organization without OEM Auto
Sales.com's express prior written
consent.
Libility Disclaimer
All content provided on this website is
for educational purposes only and does not
in any manner create a legal contract express or implied between OEM
Auto Sales.com nad you. Without limiting
the foregoing, the information,
software, products, and services
published on this website may include
inaccuracies or typographical errors.
changes are periodically made to the
information herein. OEM Auto Sales.com
and/or its respective suppliers may make
improvements and/or changes in this
website at any time. OEM Auto Sales.com
and/or its respective suppliers make no
representations about the suitability of the information, software, products and
services contained on this website for
any purpose. All such information,
software, products and services are
provided "AS IS" without warranty of any
kind. OEM Auto Sales.com and/or its
respective suppliers hereby disclaim all
warranties and conditions with regaurd to
such information, software, products and services, including all implied
warranties and conditions of
merchantability, fitness for a
particular purpose, title and
non-infringement. In no event shall OEM
Auto Sales.com and/or its suppliers be
liable for any direct, or indirect,
punitive, incidental, special or
consequential damages arising out of or in any way connected with the use of
this website or with the delay or inability to use this website, or for
any information, software, products, and services obtained through this website,
or otherwise arising out of the use of this website, whether based on contract,
tort, strict liability or otherwise,
even if OEM Auto Sales.com or any of its
suppliers has been advised of the possibility of damages.
No Unlawful or Prohibited Use
As a condition of your use of this
Website, you warrant to OEM Auto
Sales.com that you will not use this
Website for any purpose that is unlawful
or prohibited by these terms,
conditions, and notices.
Modification of these Terms and Conditions
OEM Auto Sales.com reserves the right to
change the terms, conditions, and
notices under which this Website is
offered at any time without notice.
General
This agreement is governed by the laws
of the State of Michigan, USA. You
hereby consent to the exclusive
jurisdiction and venue of courts in
Oakland County, California, USA in all
disputes arising out of or relating to
the use of this Website. Use of this
Website is unauthorized in any
jurisdiction that does not give effect
to all provisions of these terms and
conditions, including without limitation
this paragraph. You agree that no joint
venture, partnership, employment, or
agency relationship exists between you
and OEM Auto Sales.com as a result of
this agreement or use of this Website.
OEM Auto Sales.com's performance of this
agreement is subject to existing laws
and legal process, and nothing contained
in this agreement is in derogation of
OEM Auto Sales.com's right to comply
with law enforcement requests or
requirements relating to your use of
this Website or information provided to
or gathered by OEM Auto Sales.com with
respect to such use. If any part of this
agreement is determined to be invalid or
unenforceable pursuant to applicable law
including, but not limited to, the
warranty disclaimers and liability
limitations set forth above, then the
invalid or unenforceable provision will
be deemed superseded by a valid,
enforceable provision that most closely
matches the intent of the original
provision and the remainder of this
agreement shall continue in effect. This
agreement constitutes the entire
agreement between the user and OEM Auto
Sales.com with respect to this Website
and it supersedes all prior or
contemporaneous communications and
proposals, whether electronic, oral or
written, between the user and OEM Auto
Sales.com with respect to this Web site.
A printed version of this agreement and
of any notice given in electronic form
shall be admissible in judicial or
administrative proceedings based upon or
relating to this agreement to the same
extent and subject to the same
conditions as other business documents
and records originally generated and
maintained in printed form.
Any rights not expressly granted herein
are reserved.
