Definitions:
Agreement: Means this Purchase Agreement together with any documents incorporated into this Agreement by reference.
You & Your: Means the Seller identified on the first page of this Agreement.
We, Us, Our: Means Cash 4 Motorcycles.
Vehicle: Means the vehicle identified on the first page of this Agreement.
Pick Up: You agree to make the Vehicle available for pick up by Our transporter upon receipt of the Cash Due Prior to Pick Up. Our transporter will work with you to schedule a pick up time for the Vehicle. You agree to be with the Vehicle at the time of pick up. If You do not make the vehicle available for pick up at the scheduled time or You are not present with the Vehicle, we may cancel the agreement and You shall provide Us with a full refund plus the actual cost of transportation costs.
Reevaluation: We reserve the right to decrease the purchase price of the Vehicle after we accept this Agreement if the Vehicle is reappraised, is in different condition then described, or has undisclosed flaws or damage. Reappraisal of the Vehicle will be based on the professional judgment of Our team, including but not limited to: sales members, mechanics, transport personnel, or employees of an auction house. Reappraisal price will reflect the value of the Vehicle at the time of reappraisal. If the price is decreased, You may cancel this Agreement and provide Us with a full refund. Any cancellation must be within forty-eight (48) hours of reappraisal.
Complete Documents: You agree to sign any and all documents necessary to complete the terms of this transaction, including but not limited to: odometer statements, powers of attorney, and assignment of title, affidavit of error.
Delay: You acknowledge and agree that We are not liable for any damages resulting from Your failure to deliver the Vehicle in accordance with this Agreement. We reserve the right to renegotiate or cancel this Agreement if the Vehicle is not delivered to Us as specified on the front side of this Agreement.
Delivery: If You are delivering the Vehicle to Us, You are responsible for delivering the Vehicle in the same condition as when We agreed to purchase it and any damage resulting from Your transportation of the Vehicle is Your responsibility. If damage to the Vehicle has resulted from Your transportation, We reserve the right to reappraise the vehicle and reevaluate the purchase price. If We are arranging delivery, We are responsible for any damage in transportation.
Title Hold Back: Any funds We held back noted above as “title hold back” shall be remitted to You within five (5) banking days of receiving good title.
Warranties: You represent and warrant You have good title to the Vehicle, absent any liens not disclosed above. You represent and warranty that You are current on any government fees association with the Vehicle, unless otherwise disclosed, any fees not disclosed will be your sole responsibility and We reserve the right to deduct any fees from hold back and/or take other legal recourse. You warrant that the Vehicle is property titled to You; has never been titled as or declared a salvage, junk, rebuilt, or lemon buy-back vehicle; is not a grey-market vehicle; that You have the right to sell or otherwise convey such Vehicle; the Vehicle is not subject to any ongoing litigation; that all legally required air pollution control equipment is on the Vehicle and appears properly connected and undamaged, and unless You have told Us otherwise, You have not removed equipment from the Vehicle subsequent to Our appraisal and that the odometer reading shown is accurate.
Truthfulness: You represent to Us that all statements made by You in this Agreement and any other documents or forms completed in connection with this transaction are true and accurate; and that You are who You have represented Yourself to be.
Misrepresentation: If you misrepresent the Vehicle, its title, or yourself to Us, We reserve the right to cancel the Agreement for a full refund, less the actual cost of transportation incurred by Us. We shall be under no obligation to transport the Vehicle back to You; Our only obligation shall be to make the Vehicle available for you to pick up. In the event that We cancel, Your vehicle will be made available for pick up on your own action. We have no obligation to transport the Vehicle back to You.
Modification: This Agreement may not be amended or modified, except in writing and signed by both parties.
Law and Venue: Any issue or dispute related to this Agreement, any other document signed in connection with this transaction or the transaction itself are subject to the Laws of the State of Michigan without regard to choice of law. Disputes shall be resolved exclusively in the state and federal courts with jurisdiction over Monroe County, Michigan.
Waiver of Jury Trial: YOU, TO THE FULL EXTENT, PERMITTED BY LAW, HEREBY KNOWINGLY INTENTIONALLY AND VOLUNTARILY WAIVE, RELINQUISH AND FOREVER FORGO THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO THIS AGREEMENT OR ANY CONDUCT, ACT, OR OMISSION OF US WHETHER SOUNDS IN CONTRACT, TORT, OR OTHERWISE.
Entire Agreement: The three pages of this Agreement and any documents incorporated by reference comprise the entire Agreement affecting this transaction. No other Agreement or understanding of any nature has been made.