|CAR-TECH AUCTION INC. TERMS AND CONDITIONS
Dealer is legally bound to the terms and conditions set forth herein. Please read this document carefully.
1. Mission Statement
All sales at Car Tech Auction Inc are intended to provide fair and ethical treatment to both the buyer and seller alike. Car Tech reserves the right to oversee all sales transactions and if sales are deemed unethical or fair Car Tech may terminate the sale at its sole discretion.
2. Registration and Passwords
The materials on this site are the property of Car Tech or its licensors, and are protected by U.S. copyright laws, international conventions and other copyright laws. Except as explicitly provided in these terms and conditions, Dealer may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. Dealer may not use automated means to collect and/or index any information contained on this site. Dealer may display and occasionally print a single copy of any page on the site for Dealers own use, but may not otherwise reproduce any material appearing on this site without the prior written consent of Car-Tech. Dealer may not store any significant portion of, or distribute copies of, materials found on this site, in any form (including electronic means), without prior written permission from Car-Tech.
Requests for permission to reproduce or distribute materials found on this site should be sent to Car-Tech at 528 Morristown Rd Matawan NJ, 07747. However, without the prior written permission of Car-Tech, Dealer may not frame any of the content of this site, nor incorporate into another website or other service any intellectual property of Car-Tech or its licensors. Requests for permission to frame content may be sent to Car-Tech at 528 Morristown Rd Matawan NJ, 07747.
The Car-Tech logo is a registered trademark of Car-Tech Auction, Inc. The names of other products and services referred to on the site may be the trademarks of their respective owners. Dealer may not use any trademark or service mark appearing on this site without the prior written consent of the owner of the mark. All contents of this site are: Copyright 2004 Car-Tech Auction, Inc. and/or its licensors. All rights reserved.
Dealer agrees not to use this site to violate the copyright, trademark, or other intellectual property rights of any person or other entity. By submitting material to Car-Tech, Dealer is representing ownership of such material. By submitting material to Car-Tech, Dealer is permanently granting Car-Tech a perpetual, royalty-free license to the material, including the right to modify the material, to use it commercially, and to maintain the material in an archive.
4. Auction Role in Sale
Car Tech Auction Inc is not a party to the sale of any and all vehicles. All vehicles are sold on consignment with Car Tech Auction Inc acting as the "agent" for the sale. Car Tech makes no guarantees to the vehicle description, equipment, warranties, title status, and/or odometer.
5. Auction Exclusions
Car Tech is not liable for any and all information listed in Electronic Data Vehicle Histories such as Car Fax, AutoCheck, etc. It is the responsibility of the buyer to review vehicle history and bid accordingly.
Vehicles 20 years and older and/or vehicles purchased under $3500 are not subject to arbitration, no exceptions.
Car Tech Auction Inc reserves the right to negotiate with the buyer post sale. Counterbids/Counteroffers can be made and/or rescinded by Car Tech Auction Inc. Buyer is responsible for original bid regardless if they decline counteroffer/counterbid. The seller has until 12:00pm EST the following day of sale to accept or decline original bid.
1. The Buyer will inspect the vehicle the same day of sale. They must verify the Seller's representation and notify Car Tech Auction Inc immediately of any discrepancies. Failure to enter a vehicle into arbitration the same day of sale will result in the loss of right to arbitrate the vehicle.
2. The Buyer is to understand the Online Bidding, Proxy Bidding, Buy Now, and Live Bidding procedures.
3. Disclaimer of Warranties and Limitation of Liability.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, ALL VEHICLES ARE PROVIDED AS IS WHERE IS. CAR-TECH IS NOT RESPONSIBLE FOR VEHICLES LEFT ON ITS PREMISES FOLLOWING A SALE, INCLUDING BUT NOT LIMITED TO, CLAIMS FOR DAMAGE OR THEFT. IN ADDITION, IF DEALER RELIES ON THIS SITE OR ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SITE, DEALER DOES SO AT ITS OWN RISK. DEALER UNDERSTANDS THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED OVER THIS SITE, INCLUDING DEALERS CONNECTION TO THIS SITE. DEALER ALSO UNDERSTANDS THAT IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS DEALER MAY INCUR THAT RESULTS FROM DEALERS USE OF THIS SITE OR ANY MATERIAL, INFORMATION, AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THROUGH CAR-TECH AUCTION, INC.
THIS SITE IS PROVIDED TO YOU "AS IS." CAR-TECH AND ITS PARENT, AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS SITE). NOR DOES CAR-TECH GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL CAR-TECH OR ITS PARENT, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO DEALER OR ANYONE ELSE FOR ANY DAMAGES, ARISING OUT OF DEALERS USE OF THIS SITE, ANY PRODUCT ADVERTISED OR PROMOTED ON THIS SITE, OR THE ACTIONS OR REPRESENTATIONS OF THE AUCTIONEERS CONDUCTING THE AUCTION, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) EVEN IF CAR-TECH IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. DEALER AGREES THAT THE LIABILITY OF CAR-TECH AND ITS PARENT, AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY ARISING OUT OF OR OTHERWISE RELATED TO THE SITE WILL NOT EXCEED THE AMOUNT DEALER PAID, IF ANY, TO CAR-TECH FOR USE OF THE SITE.
It is the Seller's responsibility to represent the condition of their vehicles in full detail ensuring that they sell under the correct light.
1. It is the buyer's responsibility to listen to all announcements made by Car-Tech Auction Inc and/or a Representative of Car-Tech Auction Inc. in addition to all written descriptions of the vehicle you are bidding on. It is the Buyers responsibility to understand and observe the Vehicle Classification system and bid accordingly.
2. The Buyer is liable for any and all work done to a vehicle prior to returning to Car-Tech Auction Inc. excluding vehicles arbitrated for undisclosed conditions not detectable through vehicle inspection.
3. The Buyer is financially responsible for any pending sale until arbitration is final.
1. Green Light
Seller represents that the vehicle is mechanically sound within a $500 singular item as determined by the arbitrator. Green Light covers Odometer, Frame & Unibody, Engine, Transmission, Differential Noise, & Drivability issues over $500 as determined by Car Tech's Arbitrator. Vehicle must sell over $3500 to be eligible for Green Light.
Green Light does not include Radios, Dvd players, Power accessories including Convertible Tops, Power Windows, Power locks, Navigation systems, Brake systems, ABS systems, Electronic parking brakes, Electrical components, Gauges, Computer Control Units, Air ride systems, Airbags & Safety restraint systems and/or lights pertaining to these, CV Joints, Clutches, Air Conditioning, Catalytic Converters, Exhaust systems, Power Steering.
Car Tech will not arbitrate vehicles for wearable items as defined as part of the vehicle that the manufacturer recognizes the need for replacement/adjustment during the expected life of the vehicle. These items are normally identified in the owner's manual for routine check and replacement and include but are not limited to: Tires, wipers, brake pads, shoes, rotors, belts, hoses, lubricants/fluids, timing belts, bulbs, filters, shocks and struts, etc.
2. Yellow Light
Seller signified consistent to announcement.
3. Red Light
Buyer beware vehicle is sold "as-is". Only arbitratable for title and mileage discrepancy.
4. Blue Light
This light signifies that the title is not present at the time of sale.
Car-Tech Auction Inc. reserves the right to reject all bids and the right to negotiate with the highest bidder.
1. Online Bidding
Dealer shall make online bids by designating the bid price and shall submit the bid to Car-Tech by clicking the Bid button. Once Car-Tech receives the online bid, a Car-Tech employee shall provide such bid to the Auctioneer. CAR-TECH, ITS EMPLOYEES AND AGENTS ACCEPT NO RESPONSIBILITY FOR THE TRANSMISSION OF ONLINE BIDS TO THE AUCTIONEER. DEALER ACKNOWLEDGES THAT CAR-TECH, ITS EMPLOYEES AND AGENTS SHALL NOT BE CONSIDERED DEALERS AGENT IN THE TRANSMISSION OF BIDS TO THE AUCTIONEER.
DEALER UNDERSTANDS THAT IT IS RELYING ON THE TRANSMISSION OF THE ONLINE BID TO THE AUCTIONEER AT ITS OWN RISK AND WITHOUT FAULT TO CAR-TECH. DEALER ACKNOWLEDGES THAT LIVE, IN PERSON BIDDING WOULD PROTECT AGAINST ANY BID TRANSMISSION ERRORS.
2. Order Confirmation and Reservation of Rights.
A Dealer must confirm highest bid approvals by visiting their Account History on line. Pending bids will be marked accordingly and updated within twenty-four (24) business hours from the date of the particular auction. Your Account History shall confirm the bid price and the make, model, and VIN number of the vehicle.
Buyers that purchase vehicles are responsible for Buyer Fees, which are in addition to the price of the vehicle. The Buyer Fee shall correspond to the price of the vehicle pursuant to a set schedule.
1. Payment for Vehicles; Wire Fee; Late Payments; Storage Fees; Resale; Administration and Pull Out Fees.
All vehicles must be paid for and removed from Car-Techs premises within three (3) business days from the date of the Order Confirmation. A late fee of $45.00 per day and a storage fee of $30.00 per day, per vehicle shall be assessed for all unpaid vehicles. Payments must be made by Certified Check, Bank Check, Money Order or Pr-Approved Business Check. Any Dealer that wires monies shall pay a $30 wire fee. Dealer shall be assessed a Return Check Fee of $100.00 and the loss of privileges to bid on vehicles until all amounts, including penalties are paid. Cash will be accepted up to $500.00. Dealers will not be allowed to purchase vehicles if unpaid vehicles exist from prior auction sales. Vehicles bid on and not paid for within the specified period are subject to resale by Car-Tech. Resale vehicles will be assessed a renege fee of $1000.00 which MUST be paid in full before the company can bids on any vehicles. Such penalty must be paid before the purchase of any other vehicles from a Car-Tech auction will be allowed. Each Internet purchases shall be assessed a $40 administration fee. All vehicles purchased shall be assessed a $30.00 pull out fee.
Pull Out Fee - $30
Late Fee - $45 per day per vehicles not paid in full within 3 days of sale Date (includes sale day)
Storage - $30 per day per vehicle not removed within 3 days of sale (includes sale day)
Renege Fee - $1000.00 MUST be paid in full by company before any further bidding.
Return Check Fee - $100. plus loss of privilege
Visitor Pass - $50. Per pass
***Note: Visitors must remain with buyer at all times and are not
allowed to purchase vehicles. Visitors are the responsibility
of the dealer purchasing the pass.
All Dealers are responsible for the payment of any applicable state sales taxes.
3. Vehicle Retrieval and Delivery.
Delivery of vehicles can be provided by Car-Tech pursuant to its delivery terms, which shall be provided to any Dealer requesting that Car-Tech deliver the vehicle.
Arbitration Terms and Conditions
(Exclusive to Monday Sales)
1. Time Period
Live Buyer has until 5pm the day of sale to notify Car Tech of any discrepancies. Failure to enter a vehicle into arbitration the same day of sale will result in the loss of right to arbitrate the vehicle. The vehicle must be physically present at Car Tech before 5pm to be eligible for arbitration. Failure to comply with these rules results in sale being final - NO EXCEPTIONS!
Internet Buyer has up to 3 days from the day of sale with sale day being day 1 to notify Car Tech of any discrepancies. Failure to enter a vehicle into arbitration by 5pm of the 3rd day of sale will result in the loss of right to arbitrate the vehicle. The vehicle must be physically present at Car Tech before 5pm of the 3rd day of sale to be eligible for arbitration. Within those 3 days from the day of Sale with sale day being day 1, if a buyer is issued a gate pass the buyer will have until 5pm of that day to enter a vehicle into arbitration. After 5pm of that day the vehicle will no longer be eligible for arbitration. Failure to comply with these rules results in sale being final - NO EXCEPTIONS!
All arbitration claims must be submitted in writing to Car Tech via Car Tech's Arbitration Form. All Arbitration claims are subject to Car Tech's Green Light Policy. The vehicle will be inspected for the single mechanical defect that has a repair cost of $500 or more and results will be given shortly after. Each vehicle transaction is allowed one chance at arbitration. The arbitrator will inspect only the defect that is on the arbitration form/documents. Repair costs will be determined by the auction and will reflect the auction cost to repair. If price adjustment is made and accepted, vehicle becomes "As-Is" property of the Buyer, and is not subject to any further arbitration. The auction management makes the binding decision upon both the Buyer and Seller on all arbitration matters.
A vehicle that "passes" arbitration is final and binding to original sale terms. The buyer will be charged a $150 arbitration fee.
A vehicle that "fails" arbitration for the single mechanical defect listed on the arbitration form is subject to the following:
- Auction reserves the right to correct the defect and maintain the sale
- Buyer and Seller may come to agreement on a cost adjustment
- Buyer and Seller may agree to void deal
A vehicle that "passes" arbitration is final and binding to original sale terms. The buyer will be charged a $150 arbitration fee. The fee is in addition to any charges associated with the arbitration procedure, such as diagnostic charge or transportation costs to and from a garage, etc.
Arbitration is limited to vehicles sold under a Green Light or Yellow Light classification.
a. Wearable Items
Wearable items are defined as part of the vehicle that the manufacturer recognizes the need for replacement/adjustment during the expected life of the vehicle. These items are normally identified in the owner's manual for routine check and replacement and include but are not limited to: Tires, wipers, brake pads, shoes, rotors, belts, hoses, lubricants/fluids, timing belts, bulbs, filters, shocks and struts, etc.
b. Manual Transmissions
Vehicles with standard transmissions cannot be arbitrated for manual clutches.
As-is vehicles are excluded from any and all arbitration.
5. Frame/Unibody/Structural Damage Policy
All vehicles sold over $3500 are subject to arbitration for Frame/Unibody/Structural damage. Buyer has 7 days, not including sale day to alert the auction of Frame/Unibody/Structural damage. The vehicle must physically be brought back to Car Tech Auction Inc within the arbitratable time period and all claims must be written in writing via Car Techs Arbitration Form.
I. Seller Disclosure Requirements
Sellers must disclose structural damage, alterations, repairs or replacements (certified or non certified) prior to selling a vehicle at auction regardless of sales channel or light condition.
II. Arbitration Rules for Structural Damage
a. A vehicle may be arbitrated if it has undisclosed existing damage or repairs, which should have been disclosed under this policy, even though the vehicle is within the UVMS (Used Vehicle Measurement Standard).
b. In the event that structural alteration is disclosed on a vehicle, the vehicle may only be arbitrated for damage or repairs to structural components other than those disclosed.
c. Car Tech reserves the right to have the vehicle sent to a facility of its choice for inspection. If structural alterations are found, the seller is responsible for transportation charges and charges paid to the facility. If structural alterations are not found, the buyer is responsible for transportation charges and charges paid to the facility.
6. Seller Fees
The Seller is to reimburse the Buyer for reasonable documented expenses incurred on vehicles arbitrated for undisclosed conditions not detectable through vehicle inspection.
7. Manufacturer's Warranty
The manufacturer's warranty has no affect on the ability to arbitrate a vehicle.
8. Payment on Vehicles Arbitrated
The seller will not be paid for any vehicle involved in arbitration until a settlement has been made. If for any reason the seller was paid prior to the start of arbitration the money must be returned to Car-Tech Inc. immediately if the sale is voided as a result of arbitration.
9. Returning a Vehicle
A vehicle will be accepted as a returned vehicle once Car-Tech Auction Inc. management has received, inspected, and approved the return. Any vehicles delivered to and left on Car-Tech Auction's property without approval remain the sole responsibility of the Buyer,. Buyer assumes all risk of loss.
The buyer will be reimbursed the auction sale price + buyer fee + pull out fee. Tow bills may be submitted and all reasonable tow costs will be the responsibility of the seller.
Seller/Car-Tech Auction Inc. shall not be liable for any vehicle sale or repairs made by the Buyer before the title is received by the Buyer.
10. Returned Vehicle Fees
Car-Tech Auction Inc. has the right to charge for excessive mileage on a returned vehicle. Vehicles returned with more than 500 miles from the posted sale mileage are subject to a price adjustment. An adjustment of 25 cents per mile will be applied accordingly.
Post Sale Inspection Policy
(Exclusive to Same Day of Sale)
PSI Inspection Checklist: $150 Fee
Live and Internet buyers have until 5pm of sale day to enter a vehicle into post sale inspection. All requests must be submitted in writing via Car Tech's PSI Form. The following items and areas are included as part of the Post Sale Inspection. Frame/Unibody & Mechanical Inspections check specific items contained within the list. The checklist applies to defects that are singularly $500 or more to repair or replace.
- Transmission Engagement & Function
- Engine Function & Operation
- Frame or Unibody Structure Checked for Damage/Repairs
- 4X4 System Engagement & Function
- Drivability Issues exceeding $500 in accordance with Car Tech's Green Light Policy
- All items checked in the Post Sale Inspection are guaranteed to the buying dealer for 7 days after the sale not including sale day.
- The sale of the vehicle is NOT contingent upon the availability of the PSI.
- A vehicle that "Fails" the PSI inspection has components or conditions that meet arbitration policy criteria which make the vehicle eligible for arbitration. The Buyer has the option to enter the arbitration process in attempt to complete or void the transaction.
- A vehicle that "Passes" the PSI inspection and later found to have defective components or conditions within the guarantee period that meet arbitration policy criteria is eligible for dispute resolution with Car Tech.
- The seller is not exempt from all liability for a vehicle or components that pass PSI. Arbitration with the seller may occur if the issue falls under the required disclosures and time lines as our arbitration guidelines.
- If a vehicle return is required, the vehicle must be returned within the stated deadline established by the facilitating location in the same or better condition as when sold.
- Vehicles challenged for issues must have 200 miles or less accumulated on the odometer between the time of inspection and the challenge date.
- PSI Terms and Conditions:
- The buyer is responsible for the PSI fee regardless if vehicle pass or fail.
- Car Tech reserves the right to remediate any valid complaints/problems estimated at auction (wholesale) repair cost.
- In the event of a successful challenge of issues not identified on the PSI, Car Tech Auction is responsible for reimbursement of all reasonable documented expenses incurred by the Buyer (excluding profit, commissions and detail charges) on vehicles arbitrated for undisclosed conditions. Reimbursements that qualify under these guidelines will be at the sole discretion of the Auction and will be limited to the reasonable and documented expenses at auction (wholesale) repair cost.
- Vehicles that pass the PSI and are later found to have arbitratable items: The vehicle will be processed in the same manner as all other arbitrations. If the arbitratable items found were missed on the PSI, Buyer will have the right to void sale of vehicle.
- If a vehicle fails a Post-Sale Inspection and the buyer chooses to void the sale based on misrepresentations made as to the vehicle's condition, the vehicle would enter the arbitration process.
- Vehicle condition at the time of return must be the same or better as when purchased.
- Seller Title Responsibilities
All titles submitted by the Seller must be in Seller's company name or on a reassignment form. The Seller guarantees the titles of vehicles that are sold through the auction. This guarantee of the title warrants that the title shall be marketable and free and clear of all liens and encumbrances. This includes any brand (such as "salvage") noted upon the current or any prior certificate of title unless such encumbrances were announced at the time the vehicle is sold through Auction and for a period of four (4) years from the date of sale. Seller's liability under this title guarantee shall never exceed the Auction sale price of the vehicle, and this amount shall be reduced by two percent (2%) per month following sale date. All liability under this title guarantee shall expire and terminate 48 months after sale date. Car-Tech Auction Inc. will not be responsible for any expenses incurred on vehicles returned for late title.
In regard to defect in title, and any matter relating to odometer mileage, odometer statements, or damage disclosure statements: Seller and Buyer agree to indemnify and hold harmless the Auction from any liability, loss cost, damage or expense, including attorney fees which may arise either directly or indirectly from the sale and purchase of the consigned vehicle including but not limited to title services provided.
- Clerical Error
If the title problem is due to a Car-Tech Auction Inc. clerical error, we will be given a reasonable amount of time after notice to rectify the problem.
- Notice of Title Claim
Whenever any claim is made by any person against the title of a vehicle, whether by suit or otherwise, the Buyer, after becoming aware of said claim, shall immediately notify Car-Tech Auction Inc. This involves giving full particulars of claim, cooperating fully in defending any legal action, and in taking other steps to minimize possible loss.
- Title Assignment
Title must be reassigned directly to Buyer. No title assigned directly to Car-Tech Auction Inc. will be accepted.
- Payment After Title Receipt
Seller's payment will not be processed until a negotiable title is received and Buyer has paid for Vehicle.
6. Absent Titles
a. Seller has up to a maximum of 21 business days, not including the day of sale to get Car-Tech Auction Inc. a title.
b. After that period the Buyer has the option to return the vehicle or wait a reasonable period for the title.
c. Seller/Car-Tech Auction Inc. shall not be liable for any vehicle sale or repairs made by the Buyer before the title is received by the Buyer. If the title has been mailed from Car-Tech Auction Inc. to the Buyer, Buyer may not return the vehicle. Buyer is required to notify us in a timely manner consistent with our policy before returning vehicles. If a valid negotiable title is presented within our policy notice period, the transaction will stand.
7. Mailing of Titles
Car-Tech Auction Inc. is not responsible for lost titles through the mail.
If you require your titles to be mailed we suggest that you supply us with your Fed-Ex/UPS account # so you will have a method of tracking your titles.
8. Additional Seller Fees
The Seller will be responsible for the buyer fee in addition to reasonable transportation expenses to and from the Buyer's dealership to auction on vehicles returned for "no title".
9. Seller Mileage Announcements
Mileage announcements are not required on vehicles deemed exempt from Federal/Sate Odometer and Title disclosure laws unless a mileage discrepancy is known or apparent to the seller. The Seller may represent miles on exempt vehicles, any disclosure made by the Seller and all known odometer discrepancies are grounds for arbitration.
Car-Tech Auction Inc. reserves the right to deny access to the Site, or any service or feature provided via the Site, to anyone who violates these Terms and Conditions or who, in Car-Tech Auction Inc's judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others.
If any provision(s) of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
No failure or delay by Car-Tech Auction Inc. in enforcing any right or remedy under these Terms and Conditions shall be construed as a waiver of any future or other exercise of such right or remedy by Car-Tech Auction Inc.
Except with respect to Copyright or Patent rights which shall be governed by federal laws, these Terms and Conditions shall be construed and enforced in accordance with and be governed by the laws of the State of New Jersey without reference to conflict of laws principles. The parties hereby consent to the personal jurisdiction of the courts of Middlesex County, New Jersey and waive their rights to venue outside of Middlesex County, New Jersey.
These Terms and Conditions constitute the sole and entire agreement of the parties as to the matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating hereto.