WARRANTY INFORMATION

  Buyer acknowledges and agrees that the Vehicle is being sold "AS IS" and "WITH ALL FAULTS" by Seller. Seller is not making any warranties, express or implied and SELLER EXPRESSLY EXCLUDES ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES OF ANY NATURE. Seller expressly does not warrant the correctness of the odometer reading, year of manufacture, make, model, class or style, prior use or condition of the Vehicle. Buyer acknowledges that prior to the sale, Seller has provided to Buyer the opportunity to inspect the Vehicle or have it inspected by a mechanic of Buyer’s choosing at Buyer’s expense. By accepting delivery of the Vehicle Buyer agrees that the condition of the Vehicle is satisfactory and acceptable. Buyer agrees that any and all advertisements relating to the Vehicle are not warranties made by Seller and that they should not be relied upon by Buyer in making this purchase. Seller disclaims all liability for any mistakes, inaccurate descriptions or other misstatements in its advertisements and Buyer agrees that Buyer’s opportunity to inspect the Vehicle allows Buyer to verify the accuracy of any advertisements before purchase. Vehicle history reports provided by third parties, such as carfax.com and/or autocheck.com may not be current and/or accurate and Buyer relies on such reports at his or her own risk. Buyer understands and agrees that Seller’s managers, employees, agents and/or representatives are NOT authorized to make verbal promises or representations relating in any way the Vehicle. Buyer agrees that unless such promises or representations have been reduced to writing as part of this Order, that Buyer is not relying on such promises or representations in purchasing the Vehicle and Buyer waives the right to seek to enforce such promises or representations. Buyer acknowledges that the Vehicle being purchased was acquired by Seller through trade, a public or private sale or at an auction under circumstances in which the prior owner’s registration and/or use of the Vehicle may not have been disclosed to Seller. Even if not designated on this Order, Buyer acknowledges that the Vehicle being purchased may have been titled, registered or used as a (a) short term lease vehicle, (b) taxicab; or (c) police vehicle. In addition, the Vehicle may be (a) rebuilt, assembled from parts, or combined; (b) a kit car, glider kit, replica vehicle; (c) total loss vehicle, previously damaged, (d) a flood vehicle , (e) a not actual mileage vehicle and/or (f) a non-conforming vehicle as that term is defined under Chapter 681 of the Florida Statutes. It is Buyer’s sole obligation to independently verify the Vehicle’s prior use or designation prior to purchase, if these items are material to Buyer. It is the responsibility of the buyer to have thoroughly inspected the vehicle as well as to research title and accidents history and to have satisfied himself or herself as to the condition and value and to make a purchase decision based upon that judgment solely. Seller assumes no responsibility for any previous damage or accidents the vehicle might had in the past. Buyer does not rely on any statements from Seller relating to the history of the vehicle. Buyer expressly acknowledges that the Vehicle being purchased under this Order has been involved in an prior accident, that it has sustained damage as a result of such accident and that repairs have been done to it.  Seller makes no representations as to the nature and extent of such accident damage and/or the nature and sufficiency of the repairs.  The damage to the Vehicle may include damage that resulted in the Vehicle being deemed a total loss by an insurance company.  The Vehicle's status as a total loss vehicle may or may not be reflected on the Vehicle's certificate of title and/or in the Vehicle's title history. Seller makes no warranties, representation or assurances that the motor vehicle contains only original manufacturer installed or manufacturer rebuilt components, parts or accessories. Buyer agrees that the Vehicle has been delivered to Buyer and Buyer accepts delivery of the Vehicle in Florida, at Seller’s principle place of business. If Buyer is shipping the Vehicle out of state, then the person accepting delivery of the Vehicle for Buyer shall be deemed Buyer’s agent for accepting delivery of the Vehicle in Florida. This Order and the entire transaction between the parties shall be governed by Florida law. In the event that any dispute arises between Buyer and Seller, including, but not limited to, disputes relating in any way to this Order, the Vehicle, and/or the dealings between the parties, the parties expressly waive their right to a trial by jury and the dispute shall be decided by a Judge, sitting without a jury, in the Florida state court where Seller’s principle place of business is located. In addition to all other rights and remedies available to Seller at law or in equity, Seller has the following rights and remedies under this Order: (a) Reclamation. – Seller may enter into Buyer’s property and reclaim the Vehicle with or without notification to Buyer. Seller may also make a written demand on Seller to return the Vehicle and Buyer agrees to do so within 24 hours of such demand. (b) Disposition of Trade – Buyer agrees that immediately upon Buyer’s execution of this Order, Seller may dispose of Buyer’s Trade in any commercially reasonable manner, including the sale of the Trade to a third party, retail or wholesale. In the event that this Order is not completed for any reason or in the event that it is rescinded for any reason, Seller agrees that Buyer may retain the proceeds of the sale of the Trade to offset its damages, if any. If Seller does not have any damages relating to rescission or failure of this Order to be completed, Seller may retain any costs and reconditioning expenses relating to the sale plus a 15% commission on the sale from the sale proceeds. The remaining amount shall be delivered to Buyer in full satisfaction of any claims relating to the Trade.(c) In the event that Buyer pursues any claim for rescission of this transaction, Seller shall have the right to set off against Buyer’s damages or to assert as an independent claim, a claim for the reasonable value of Buyer’s use of the vehicle, including depreciation and mileage of the Vehicle. If any term of this Order is held to be unconscionable or unenforceable, for any reason, by any court of competent jurisdiction, this Order shall be construed as if such clause were never a part of this Order and the balance of the terms of this Order shall be binding on the parties. The waiver or invalidity of any provision of this Order shall not effect the binding nature of the remaining provisions. No breach of this Order by Buyer shall be deemed waived unless such waiver is agreed to by Seller in writing. The parties agree that any modification of this Order must be made in writing and signed by the parties in order to be valid. Buyer agrees that Buyer’s deposit on the Vehicle is non-refundable, unless otherwise agreed to in writing by Buyer and Seller.In addition to any other breaches of this Order, the following expressly constitute acts of default under this Order: (a) The refusal of any financial institution to finance any portion of the purchase price; (b) The failure of Buyer to make any payment required under any accompanying finance agreement; (c) The failure of Buyer to provide Seller with a lien free title to any Trade or the failure of Buyer to pay Seller any amount in excess of the payoff on the Trade after demand from Seller; (d) Any misstatement or misrepresentation by Buyer, whether intentional or not, on any document submitted to Seller in connection with this transaction. (e) The refusal of any financial institution to honor any check, draft or other instrument presented by Seller in connection with the acquisition of the Vehicle.   

The successful high bidder shall remit a $500.00 deposit within 24hours of the close of the auction to secure the vehicle. Deposit can be accepted in the form of money order, certified check,  or bank transfer within 24 hours of the auction closing. All financial transactions should be completed within 7  days of auction end.  Bidder will email or fax us name, address, phone/fax. Buyer is responsible for all shipping costs. The seller reserves the right to cancel this auction at any time for any reason. The following terms of sale apply to all of our online auctions. Payment methods:  certified bank check, bank transfer, money order, third party financing. All funds must be in US dollars only. Please be sure to have full payment and/or approved financing in place before making your final bid. Call us for more information

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  or email us at flautopark@gmail.com.