Service Agreement for Full-Service Car Selling
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Effective Date: 01/01/2024
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Service Fee
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Initial Fee: A non-refundable service fee of is required to start the Full-Service Car Selling service.
Final Sale Commission
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Commission: A 1.8% commission on the final sale price of the vehicle is due at the time of sale, with a minimum fee of $350. This fee will be charged to the credit card used to pay the initial fee unless the customer provides a different card or it will be deducted from the funds collected from the buyer.
Additional Fees
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Third-Party Fees: Customers may incur additional third-party fees outside of POOL of Cars’ service charges. These fees include, but are not limited to, DMV fees, transportation fees, mailing and overnight shipping fees, and additional fees for using certain third-party websites (e.g., Cars.com and AutoTrader). Such fees are separate and in addition to our success fees. POOL of Cars’ success fees do not cover these costs, and any third-party fees are the sole responsibility of the customer.
Payment Terms and Late Fees
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Payment Due: The final sale commission is due upon receipt of the invoice. If the payment is not received within 2 days, a late fee of $45 will be applied. If the payment is more than 5 days late, an additional daily late fee of 3% or a minimum fee of $10 (whichever is greater) will be applied until the payment is made in full.
Cancellation Policy
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Cancellation: Customers can cancel the service at any time. If the service has already started, a $49 cancellation fee will apply. The initial service fee is non-refundable.
Additional Services
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Additional Services: If any additional services (e.g., smog check, windshield repair, detailing) are required to get the car sale-ready, the customer agrees to be notified of the cost and to pay for these services before they are performed.
Customer Cooperation
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Timely Communication:
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Phone Calls: Customers are expected to return phone calls within 3 hours during business hours. Calls received outside business hours should be returned promptly on the next business day.
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Text Messages: Responses to text messages should be made within 3 hours during business hours.
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Emails: Customers should respond to emails within one business day.
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Single Listing Requirement: Customers agree to remove any other advertisements or listings of their vehicle from other platforms once they engage with POOL of Cars. Multiple listings can suggest that a vehicle has been on the market for an extended period, potentially impacting buyer perception and sale success.
Conditions for Refund
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Conditions for Refund:
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The reason for the car not being sold must not be due to the seller's lack of cooperation.
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If the seller is unresponsive, fails to provide necessary information, or does not make the car available for viewing within a reasonable timeframe (e.g., responding to communications within 3 hours during business hours, excluding times after 8 PM), the refund may not be granted.
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No Guarantee of Sale
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POOL of Cars does not guarantee the sale of the vehicle, the time it will take to sell, or the final sale amount. The success of the sale depends largely on the customer’s acceptance of offers and adherence to recommended pricing adjustments.
Liability for Financial Transactions
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Liability Disclaimer: POOL of Cars is not liable for any loss of money due to scams, improper handling of cash transactions, money orders, or any negative equity related to loans or leases. Customers are advised to follow safe transaction practices and consult with POOL of Cars for guidance. We encourage customers to always be aware of potential dangers, scams, and fraudulent activities, and to exercise caution when interacting with potential buyers.
Right to Refuse Service
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POOL of Cars reserves the right to refuse service at any time.
Governing Law
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These policies are governed by and construed in accordance with the laws of the jurisdiction in which the company is based, and the customer agrees to submit to the exclusive jurisdiction of the state and federal courts located there.
Amendments to This Agreement
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POOL of Cars reserves the right to modify this service agreement at any time. Customers are advised to review the agreement periodically to stay informed of any changes.
Contact Us
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For questions about this service agreement, or for further assistance regarding the service, please contact us at: team@poolofcars.com
Dispute Resolution
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In the event of a disagreement or dispute relating to the services provided, it is strongly encouraged to contact us directly for a resolution. We strive to resolve any disputes amicably and quickly.
Informal Negotiations
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To expedite resolution and reduce the costs of any dispute, controversy, or claim related to this service agreement ("Dispute"), the customer and POOL of Cars agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other.
Binding Arbitration
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If the customer and POOL of Cars are unable to resolve a Dispute through informal negotiations, either party may elect to have the Dispute finally and exclusively resolved by binding arbitration. The arbitration shall be conducted in the state in which the company is registered.
Restrictions
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The customer and POOL of Cars agree that any arbitration shall be limited to the Dispute between POOL of Cars and the customer individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other proceeding; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration:
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The customer and POOL of Cars agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the customer’s or POOL of Cars' intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
Updating Your Information:
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If any of the information provided to POOL of Cars changes, such as contact information, address, or a vehicle’s legal status, it is important to keep us informed as soon as possible. This ensures that all communications and services proceed smoothly and according to plan.
Conclusion:
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POOL of Cars values the trust and confidence placed in us for car buying and selling needs. The goal is to provide exceptional service and support. For any further questions regarding policies or to require assistance, please reach out. POOL of Cars is here to support every step of the way.