NEXT CAR EXAM TERMS AND CONDITIONS

Please read the following terms and conditions carefully. By completing our Order Inspection form, you are agreeing to these terms and conditions. The rights and obligations in your agreement with Next Car Exam are personal to you, and not transferable to another party. If you ordered by phone, you have two hours to review these terms and notify Next Car Exam by phone or email if you do not agree to the terms. Both purchasing online or by phone will indicate that you agree to be bound by the terms of this agreement.

1. Nature of Next Car Exam Inspections When you place your order with Next Car Exam, you are hiring us to evaluate the overall condition of the designated vehicle, based on what our inspectors can subjectively observe when they see it. Next Car Exam inspectors do not use hoists or tools (on vehicles year 1996 and newer, the OBD2 computer will be used), or dismantle the vehicles. The Next Car Exam service is a visual inspection of all reasonably accessible items only, and some problems may not be observable during the inspection. The Next Car Exam inspector will attempt to test drive the vehicle, but if this is not feasible, a test drive will not be conducted. Once the inspection is completed, you will receive a hyperlink to the inspector’s report, along with a package of photographs of the vehicle.

2. Next Car Exam Service Limited to Inspection Next Car Exam performs inspection services only. Next Car Exam is not affiliated with the seller of the vehicle and does not take a position on whether you should, or should not, purchase the vehicle. Next Car Exam does not verify that the seller has the legal right to sell the vehicle. Next Car Exam is not responsible for any representations made by the seller or any other party.

3. Vehicle Remains “As Is” Because the vehicle being inspected is a “used” vehicle, you agree that, even after inspection, you will be purchasing the vehicle in an “as is” condition, unless otherwise warranted by the seller. Because a vehicle’s condition may change between the time the inspection is conducted and the actual purchase of the vehicle, we recommend having the inspection completed as close in time to the purchase as possible. The Next Car Exam report shall not be construed as a substitute for any safety and/or emissions inspection that is required by applicable state laws. The Next Car Exam inspection also does not act as a warranty on the vehicle’s condition nor does Next Car Exam or its services extend or affirm any warranty on the vehicle issued by or provided by the seller.

4. Factors Affecting Inspections Next Car Exam inspections may be affected by weather and light conditions, as well as the cleanliness of the vehicle, both inside and out, at the time of the inspection. Many external factors, beyond our control, can reduce the accuracy of the inspection, making things such as repainting and body work difficult to detect with the naked eye. For the most accurate inspection report, the vehicle must be clean, dry and situated in well-lit location at the time of inspection. However, Next Car Exam does not agree to take any steps or actions affecting the vehicle’s condition at the time of the inspection. Next Car Exam strongly suggests that you contact the seller and make all necessary accommodations to ensure that the vehicle is as clean as possible and available in a suitable location for an inspection.

5. Resolution of Disputes
(i) Right to Cure Prior to instituting any proceeding against Next Car Exam as set forth below, you agree to provide us with written notice [see paragraph 12] detailing your complaint about our services and give us at least thirty (30) calendar days to fix the problem.
(ii) Mediation Upon expiration of the cure period set forth above, you agree to attempt to resolve any dispute with Next Car Exam through non-binding mediation. Mediation shall occur at a location of Next Car Exam’s choosing in Minneapolis, Minnesota. No other legal or administrative proceedings between you and Next Car Exam shall be instituted without first attempting to resolve the involved claims through mediation. The parties shall pay their respective costs and expenses of mediation. Your failure to mediate any dispute prior to pursuing any other legal or administrative proceedings will constitute an acknowledgment on your part of a waiver of your claim(s) against Next Car Exam.
(iii) Litigation, Applicable Law, and Waivers You agree that any action relating to this agreement or Next Car Exam’s services, shall be construed under the laws of the State of Minnesota, and that any such action shall be instituted and prosecuted in either the federal or state courts located in the County of Hennepin, State of Minnesota. Both you and Next Car Exam waive the right to seek a change of venue. Both you and Next Car Exam waive the right to a jury trial in any such litigation.

6. LIMITATION OF LIABILITY BECAUSE NEXT CAR EXAM IS NOT THE SELLER OR MANUFACTURER OF THE VEHICLE OR ITS PARTS, AND BECAUSE A NEXT CAR EXAM INSPECTION IS NOT A SUBSTITUTE FOR A MECHANICAL INSPECTION OF THE VEHICLE USING DIAGNOSTIC EQUIPMENT AND TOOLS, YOU AGREE THAT NEXT CAR EXAM’S LIABILITY IS LIMITED TO REFUNDING THE PRICE YOU PAY FOR THE NEXT CAR EXAM INSPECTION IN THE EVENT YOU ARE DISSATISFIED WITH NEXT CAR EXAM’S SERVICE, OR INJURIES OCCUR DUE TO AN UNREPORTED DEFECT IN THE VEHICLE.

7. Cancellation Once your order is placed, all sales are final. Next Car Exam may decline to undertake the requested inspection, in which case your prepaid inspection fee will be promptly refunded. If the vehicle is sold before an inspector is dispatched, your order will be considered “on hold” and you will have a credit for the amount paid which can be applied to another inspection and which does not expire. However, you cannot cancel your order for a refund.

8. Unforeseeable Circumstances You agree that if Next Car Exam is delayed or prevented from the performance of the inspection or report due to circumstances or causes beyond its control, such as computer malfunctions, restrictive laws or regulations, labor disputes, or acts of God, Next Car Exam is excused from further obligations. In such an event, Next Car Exam shall refund the inspection fee to you.

9. Refund Policy after Inspection Report If you believe there are inaccuracies in the inspection report, you may submit them to us (emailed to info@nextcarexam.com) for consideration of a refund, include pictures and specific details addressing the issue(s). Due to the complex mechanical nature of automobiles and factors that may affect their continued performance, all submissions must be received by Next Car Exam within fourteen (14) days of the report being delivered to you.

10. Endorsements Links provided from our website, Nextcarexam.com, to another website, are not endorsements unless we expressly say so.

11. Taxes The listed inspection price on our website does not include sales, use, excise or any other applicable taxes. Such taxes, if any apply, shall be added to the cost of our service.

12. Contact Information All notices, or other communications shall be in writing and shall be deemed duly given and received by Next Car Exam (i) seven days after being sent by certified or registered mail return receipt requested, postage and charges pre-paid; (ii) one business day after being sent by express overnight delivery by a national carrier; (ii) upon being transmitted by facsimile to the party to whom it is directed (sender must retain confirmation copy indicating that the facsimile was received by the party to whom it is directed; or (iv) if by email, upon actual delivery. All communication to you shall be addressed to your address as listed in the Next Car Exam Inspection Order Form. All communication to Next Car Exam shall be addressed to info@Nextcarexam.com or the address set forth in the Contact Us section of our website: Nextcarexam.com.

13. Privacy At Next Car Exam, we care about our customers’ privacy. By purchasing a vehicle inspection through Next Car Exam you will be providing certain personal information to us. Next Car Exam will only share your information with our affiliates to carry out the intent of the service you purchased from us or to present you special offers and/or incentives from our affiliates. We will not share your information with an unaffiliated third party, unless we are required to do so by law.

14. Communications with Inspectors If you attempt to contact the inspector without Next Car Exam’s consent, or attempt to remove Next Car Exam from the inspection process, Next Car Exam has the right to cancel the inspection and keep your payment.

15. Other State Laws Some states do not allow the limitation, exclusion or disclaimer of implied warranties or incidental and consequential damages, so the limitations or disclaimers in this agreement may not apply to you.

16. Severability If any section of this agreement is found by competent authority to be invalid, illegal or unenforceable in any respect and for any reason, the validity, legality and enforceability of the unaffected remainder of such section and the remainder of the agreement shall continue in effect.

Revised: March 20th, 2017