SGS - Swapalease : Terms and Conditions

As a user of SGS Automotive Services Inc. (“SGS”) vehicle inspection services, you agree to be bound and abide by the Terms & Conditions as set forth below:

SGS acts for the person who has ordered the inspection ("the Client"). No other person is entitled to give instructions, particularly on the scope of inspection or delivery of the Vehicle Inspection Report, unless authorized by the Client, provided that the owner of the vehicle may refuse to allow any part of the inspection and/or test drive, in which event the Vehicle Inspection Report will so state.
SGS will perform the inspection as described in “What does SGS Inspect.”
Documents reflecting communications between the Client and third parties, or third parties' documents, including without limitation, the seller’s description of the vehicle, vehicle registration, owner manuals, maintenance records, damage reports and repair records. are for information only. SGS shall have no obligation to review or comment on any of them or to include them in its Vehicle Inspection Report.
SGS Vehicle Inspection Reports reflect statements of opinion by the inspector made with due care within the limitation of the scope of and conditions at the time of the inspection. SGS is under no obligation to report any facts or observations that are outside the scope of the inspection.
SGS conducts visual and operating inspections, but does not warrant that any of the systems or parts of the vehicle will continue to operate acceptably. SGS does not perform computer, electrical or mechanical diagnostics. SGS does not warrant the condition of the vehicle at the time of the sale of the vehicle.
The Client shall:
1. submit the inspection order so as to allow the inspection to be completed and posted on the SGS Web site within the time required to meet the needs of the Client, it being understood by the Client that SGS will attempt to post the inspection report within 24 hours of the completion of the inspection but does not warrant that that the Vehicle Inspection Report will be posted by any particular time.
2. fully exercise all rights and discharge all obligations under any vehicle purchase contract, whether or not a Vehicle Inspection Report has been issued by SGS.
3. If the Client is a buyer, the Client/Buyer shall:
  1. contact the Seller to obtain permission from the seller for SGS to schedule the inspection; and
  2. obtain all desired vehicle warranties from the seller, it being understood that SGS does not warrant the condition of the vehicle at the time of sale.
4. If the Client is a seller, the Client/Seller shall:
  1. keep the scheduled inspection appointment or reschedule the inspection before the inspector arrives, and remedy any interruptions or delays in the completion of the inspection;
  2. be present or have an authorized adult representative present during the inspection;
  3. tell the inspector about any known vehicle safety defects prior to inspection;
  4. show the inspector the current vehicle registration and current insurance card before the test drive (unregistered or uninsured vehicles cannot be test driven);
  5. authorize the test drive (only the seller or an adult representative of the seller will be allowed to accompany the inspector on a test drive); and,
  6. cooperate with all reasonable requests of the inspector.
SGS may delegate the performance of any part of the vehicle inspection services to any agent or subcontractor.
The liability of SGS arising out of any claim for loss, damage or expense of whatsoever nature in connection with its services hereunder, including without limitation, the inspection of a vehicle or the creation or posting of a Vehicle Inspection Report, shall in no circumstances exceed the fee paid by the Client for said services. SGS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS (INCLUDING LOSS OF THE SALE OR PURCHASE OF THE VEHICLE).
SGS shall be discharged from all liability for any and all claims for loss, damage or expense unless the claim is brought in accordance with paragraph 21 hereof within ninety (90) days after the date the inspection is ordered by the Client.
The SGS Vehicle Inspection Report summarizes the condition of the vehicle as observed by the inspector at the time of inspection. Ordinary wear and tear and other external factors can change a vehicle’s condition and SGS makes no representation about the condition of any vehicle on the date of purchase. The SGS inspection, does not use computer or other mechanical diagnostic equipment. SGS relies on the state registration found with the vehicle to identify the owner and verify the VIN, but does not verify the registration, check for liens against the vehicle, or make any representation or warranty about the title of the vehicle. The SGS Vehicle Inspection Report is not a substitute for any safety or emissions inspection required by law.
The Client acknowledges that SGS does not assume or undertake to discharge any duty of the seller to a buyer or to any third party beneficiary.
SGS is neither an insurer nor a guarantor and disclaims all liability in such capacity. Clients seeking a guarantee against loss or damage should obtain appropriate insurance. In the event of any suspension of payment, arrangement with creditors, bankruptcy, insolvency, or receivership by the Client, SGS shall be entitled to suspend or, at its option, terminate all further services forthwith and without liability.
If SGS is prevented from performing the inspection by reason of weather or other cause outside SGS's and the Client’s control, the inspection fee shall be refunded to the Client.
SGS reserves the right to decline any inspection order in its sole discretion. The prepaid fee for any inspection so declined shall be refunded in full.
At any time, SGS may terminate your access to the site in whole or in part, or cancel or refuse to honor any inspection request, without notice, for any fraudulent or abusive conduct that we believe may violate any applicable law, or is harmful to the interests of another.
SGS is a registered service mark of SGS Société Générale de Surveillance S.A., Geneva, Switzerland. All rights reserved. The site and its content, including editorial, graphics, banners, placement and design, is copyright (c) 2003 by SGS Automotive Services Inc. All rights reserved. The use of material on this site, including, without limitation, logos, text, graphics and other copyrightable materials are limited to accessing for information, ordering an inspection, and making one copy for personal and non-commercial viewing only. Notwithstanding anything to the contrary contained herein, to the extent that SGS believes that you have violated SGS’s intellectual property rights, SGS may seek injunctive or other appropriate relief in any federal or state court located in New Jersey without having to submit the matter to mediation/arbitration as stated in paragraph 21 hereof, and you consent to the exclusive jurisdiction and venue in such courts.
THE SGS SITE, INCLUDING ALL CONTENT, AND ANY SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND YOU USE THE SITE AT YOUR OWN RISK. NEITHER SGS AUTOMOTIVE SERVICES INC., NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE MAKE ANY REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENTS, THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, SERVICE OR MERCHANDISE, OR GUARANTEE ANY CONTENT OR SERVICE, INCLUDING THE ACCURACY OR CORRECTNESS, OFFERED BY A THIRD-PARTY THOUGH THE SITE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND THAT NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY PARTY SHALL CREATE ANY WARRANTY; AND YOU AGREE NOT TO RELY ON SUCH INFORMATION OR ADVICE. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
UNDER NO CIRCUMSTANCES SHALL SGS AUTOMOTIVE SERVICES INC. OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, ITS CONTENT, OR SERVICES AVAILABLE THROUGH IT, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SAME, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, ANY LIABILITY OF SGS AUTOMOTIVE SERVICES INC. AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID TO SGS FOR ITS SERVICES.
PRIVACY. The SGS Site is governed by the terms and conditions set out in our privacy policy:
SGS reserves the right to revise the Terms & Conditions at any time upon notice to end users, which notice shall be deemed given upon posting of changes.
The laws of the state of New Jersey (without applying conflict-of-law principles) will govern these Terms & Conditions and any dispute that might arise between you and SGS or its contractors or affiliates regarding your use of this site or the vehicle inspection services of SGS. Any dispute shall be submitted to confidential mediation, and if mediation is unsuccessful to arbitration, under the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association. The rules are available on-line at www.adr.org. Click on Rules, and then click on Supplementary Procedures for Consumer-Related Disputes. If mediation is unsuccessful, the arbitrator’s award shall include findings of fact and conclusions of law and shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, you are prohibited from bringing any court action of any kind until after the arbitration award is issued, and no arbitration under these Terms & Conditions shall be joined to an arbitration involving any other party subject to these Terms & Conditions, whether through class arbitration proceedings or otherwise.