CONDITIONS GÉNÉRALES DE VENTE
TERMS AND CONDITIONS
- Sylc Corporation is a licensed automotive dealer under the laws of the State of Florida (“SC”), and specializes in the purchase and sale of automobiles in the United States for the purpose of export.
- The Purchaser named in the Purchaser Order on this document hereby gives to SC the exclusive right to purchase the automobile identified to the contract, or its reasonable equivalent (the “Automobile”), for a period of one year from the date hereof. The Purchaser understands, however, that this Purchase Order does not guarantee that SC will be able to locate and purchase the exact Automobile so specified.
- SC agrees to make diligent and continued efforts to locate and purchase the Automobile in accordance with the terms and conditions hereof.
- The Purchaser agrees to immediately make payment in full to SC if and when SC locates the Automobile and advises the Purchaser of the price therefor. SC shall have the right, but not the obligation, to advance its own funds for the purchase of the Automobile. When SC acts as a transaction broker for the purchase of the Automobile, the Purchaser has the affirmative obligation of wire transferring to SC the full amount of all funds required to purchase the Automobile, plus all expenses, fees and/or commissions that are so specified by SC. If the Purchaser pays a deposit to SC prior to the purchase of the Automobile, and subsequently fails to pay the full amount of the purchase price specified by SC after SC has located the Automobile, then SC shall be entitled to retain the entire deposit as liquidated damages.
- SC may, at its option, act as either a Broker or a Dealer with respect to the purchase and sale of an automobile on behalf of the Purchaser. If SC elects to act as a Broker, the Purchaser assents to SC acting as a transaction broker rather than strictly as a buyer’s broker. As a transaction broker or as a dealer, SC shall facilitate the purchase and sale of the automobile on behalf of the Purchaser, but shall not have a fiduciary obligation to the Purchaser. Furthermore Sylc is only acting as a transaction broker and may but not be limited to arrange invoicing to facilitate the transaction whereas the invoice emitted from SC doesn’t render SC as the seller of the item.
- The Purchaser shall indemnify and hold harmless SC and its officers, directors, employees, advisors, attorneys and agents from losses, damages, costs and expenses of any nature, including attorneys’ fees through all appeals, and from liability to any person that SC may incur. This clause shall survive SC’s performance and transfer of title to the automobile to the Purchaser.
- This vehicle is a “For Sale By Owner”, displayed at/by Sylc Corporation (SC), who is acting only as a transaction broker. SC is not making any representations as to the condition and/or the value of this vehicle. Sylc Corporation, has not checked the condition (mechanical or structural) or mileage or authenticity of this vehicle and is relying on the information provided by the seller. SC is not responsible for omissions or errors in advertising this vehicle. The Customer is relying solely on his/her inspection, knowledge and judgment to purchase this vehicle and will hold SC harmless from all future claims arising from any representations made by the Seller. By signing this document and/or wiring full funds, the Customer expressly gives up the right to sue SC for any damage or liability or loss of value arising from this purchase.
8.Purchaser is solely responsible for inspection and verification of condition, authenticity, and completeness of any purchased vehicle, any and all statements,representations or warranties of any type of kind whatsoever made by SC employees or staff, including those printed in catalogs, brochures, signs, window cards, verbal statements, or those appearing on SC’s website, represent only SC opinions. Further, purchaser acknowledges and agrees that he/she inspected or individual of choice inspected the purchased vehicle prior to purchase. Purchaser should disregard statements or representations concerning the authenticity or condition of the purchased vehicle, including that the vehicle is rust free. Purchaser agrees and acknowledges that SC and/or consignor of the vehicle disclaim all warranties, expressed or implied, concerning and in relation to merchantability or fitness, condition, originality, authenticity, origin or provenance, matching numbers, previous use or ownership, manufacturing or restoration processes, year or age, serial number, make, model, options, tools, components or mileage or any purchased vehicle and the Purchaser accepts the vehicle on an AS-IS, WHERE IS, basis.
- In the event that the Purchaser requests SC to arrange for additional services on behalf of the Purchaser with respect to the Automobile (e.g. painting, reconditioning, mechanical repairs, body repairs, etc.), SC shall select certain third parties to perform such services (the “Additional Services”), but in no event shall SC be responsible for the Additional Services performed by such third parties, and the Purchaser shall be solely responsible for the payment of such Additional Services, which may either be billed directly to the Purchaser by such third parties, or billed to the Purchaser by SC as an accommodation to the Purchaser.
- SC has attempted to determine the authenticity and factory production figures of the vehicle you are purchasing. Not with standing SC’s efforts regarding documentation concerning the originality and/or authenticity of your vehicle, over the last several years many individuals with the benefit of modern technology have “fake(d)” documents supporting to authenticate vehicle originality, including, but not limited to : “Re stamping Engines”, “Sales Invoices”, “Bills of Sale”, “Window Stickers”, “Build Sheets”, and/or Warranty Booklets and Materials. Because of the proliferation of re stamped engines and “fake(d)” documents SC is not responsible for authenticating data concerning the originality or authenticity of the vehicle you are purchasing.
11.If the Purchaser fails or refuses to pay for the vehicle after entering into this agreement then the Purchaser is in violation of this agreement and agrees to SC all funds due immediately upon written demand. SC reserves the right to sue for breach of contract and collect for damages for any violations of any part of this Contract. The Purchaser agrees to pay for all costs of collection including, but not limited to attorney’s fees, court cost and other damages, along with any amounts due under this agreement. The Customer further agrees to forfeit any deposits to SC as liquidated damages.
12.The Purchaser authorizes SC to release this vehicle to a carrier to transport this vehicle to an address designated by the Purchaser. SC does not bear any responsibility of shipment other than transferring the vehicle to the carrier, from the showroom. Any issues related to shipping are to be resolved between the Customer and the carrier. SC assumes no responsibility once the vehicle is delivered to the carrier.
- The terms and conditions hereof are binding on the Purchaser, his/her heirs, successors and assigns. No prior or present agreements between SC and the Purchaser shall be binding unless included as an addendum to this Purchase Order Agreement.
- SC is offering, via its website, www.sylc-export.com, and services, a marketplace that allows users to buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer whereas Sylc is only acting as a transaction broker and may arrange invoicing to facilitate the transaction where the invoice emitted from SC doesn’t render SC as the seller of the item. Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the transaction through our services, SC has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
- Purchase conditions:
When buying an item on our Services:
Purchaser is responsible for reading the full item listing before making a deposit and committing to buy. Also Purchaser enters into a legally binding contract to purchase an item when the Purchaser commits to buy an item and give a deposit
- Authorization to Contact You; Recording Calls; Analyzing Message Content SC may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with SC or its agents for quality control and training purposes, or for its own protection.
- Legal Disputes: please read this section carefully. it affects your rights and will have a substantial impact on how claims you and SC have against each other are resolved. In this Legal Disputes Section, the term “related third parties” includes your and SC’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, sc’s, and these entities’ respective employees and agents. You and SC agree that any claim or dispute at law or equity that has arisen, or may arise, between you and SC (or any related third parties) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of SC or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Applicable Law: You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Florida, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and SC, except as otherwise stated in this User Agreement. Agreement to Arbitrate: You and SC each agree that any and all disputes or claims that have arisen, or may arise, between you and SC (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of SC or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. Prohibition of Class and Representative Actions and Non-Individualized Relief: you and SC agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, or representative or private attorney general action or proceeding. unless both you and sc agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). any relief awarded cannot affect other users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court, subject to your and SC’s right to appeal the court’s decision. All other claims will be arbitrated.
Arbitration Procedures: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation the Section of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by a mediator in the state of Florida under its rules and procedures, including the lawyer’s Consumer Arbitration Rules and the lawyer’s Commercial Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute (“Notice”).
The Notice to SC must be sent to Sylc Corporation Attn: Litigation Department, Re: Notice of Dispute, 1822 N Dixie Hwy, Hollywood, FL 33020. SC will send any Notice to you to the physical address we have on file associated with your SC account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with your account. If you and SC are unable to resolve the claims described in a valid Notice within 30 days after SC receives that Notice, you or SC may initiate arbitration proceedings. A form for initiating arbitration proceedings is available ( the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to SC at the following address: Sylc Corporation, 1822 N Dixie Hwy, Hollywood, FL 33020. In the event SC initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your SC account. Any settlement offer made by you or SC shall not be disclosed to the arbitrator. The arbitration hearing shall be held in Broward county). Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or SC may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same SC user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and SC must be resolved exclusively by a state or federal court located in Broward County, Florida. You and SC agree to submit to the personal jurisdiction of the courts located within Broward County, Florida for the purpose of litigating all such claims or disputes. We may amend this User Agreement at any time by posting the amended terms on www.sylc-export.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through.
Deposit: SC uses part, or all, of the deposit per the Seller’s conditions and demand, to reserve the vehicle on behalf of the Purchaser. The deposit purpose is for the seller to retain the vehicle for the time it will take SC to receive full funds, from Purchaser, for final payment. If the purchaser cancels after the deposit has been made to the Seller, the Seller may be entitled to keep the deposit as it can be a non-refundable deposit as per Seller’s policy. If that is the case SC may not be held responsible for the loss of deposit. If the Purchaser cancels within 24 hours whereas the deposit is not a non-refundable deposit SC may demand a refund from the Seller and then refund the entire deposit to the Purchaser. Past the 24 hours the deposit is final and SC shall be entitled to retain the entire deposit as liquidated damages. By the time the funds, from Purchaser, is received by SC the vehicle may be unavailable or a factor may have arisen thus voiding the purchase of thee automobile, therefore the Purchaser named in the Purchaser Order on this document hereby gives to SC the exclusive right to purchase its reasonable equivalent (the “Automobile”), for a period of one year from the date hereof. The Purchaser understands, however, that this Purchase Order does not guarantee that SC will be able to locate and purchase the exact Automobile so specified. After this period of one year, or before if agreed by the two parties (SC and the Purchaser), SC shall solely refund the funds to the Purchaser’s emitter account that was used at the time of payment, but SC shall be entitled to retain the entire deposit as liquidated damages and any cost involved including but not limiting to the exchange rate loss, exchange rate fees and SC fees of $3000 USD. If the Purchaser refuses to provide the emitter account information, the funds will be held by SC until the emitter account information is provided by Purchaser. SC shall not be held responsible for enrichissement and/or for holding the funds against the Purchaser’s will as long as the Purchaser doesn’t provide the original emitter account information. The Purchaser understands that once the vehicle has been purchased on their behalf by SC the purchase of the vehicle is final.