



TERMS & CONDITIONS
1. ENTIRE AGREEMENT: The Autotech4rent’s Inspection Order Form, the Disclaimer, and these Terms and Conditions (collectively, this “Agreement”) contains the entire agreement between you (“you” or “Customer”) and Steady Moving , Inc. (“Autotech4rent’s”) with respect to your purchase of any goods and/or services through the Autotech4rent’s website, telephone, facsimile, or other method of communication. This Agreement supersedes any prior written or oral agreements between the parties. This Agreement may not be amended except by a written agreement executed by both parties. TheAutotech4rent’s Disclaimer is deemed to be a part of, and is incorporated by reference into, these Terms and Conditions.
2. SEVERABILITY: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be so written, construed, and enforced as so limited.
3. APPLICABLE LAW; FORUM: All questions concerning the construction, validity, and interpretation of this Agreement and the performance of the obligations imposed by this Agreement shall be governed by and construed in accordance with the laws of the State of New York, and the jurisdiction and venue for any legal proceedings shall be located in Queens County, New York. The parties hereby irrevocably consent to the jurisdiction of the courts in that county. In addition, Customer irrevocably waives, to the fullest extent permitted by law, any objection that the customer may have to the jurisdiction and venue of any such suit, action or proceeding brought in Queens County. The customer further waives any claim that any such suit, action or proceeding brought in any Queens County court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any Queens County court shall be conclusive and binding upon Customer and may be enforced in any court in which Customer is subject to jurisdiction by a suit upon such judgment.
4. MEDIATION AND ARBITRATION: Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to mediation before a neutral mediator acceptable to both parties. If the parties cannot settle their dispute within 30 days of submitting it to mediation (unless such period is extended by agreement of the parties), they shall submit it to binding arbitration by a neutral arbitrator acceptable to both parties.
5. LIMITATION OF REMEDY: Customer agrees that the aggregate liability of Autotech4rent’s to Customer or to Customer’s stockholders, members, partners, managers, directors, officers, employees, agents, clients, and customers for any action, damage, claim, liability, cost, expense or loss in any way arising out of or related to this Agreement and any inspection of any vehicle by Autotech4rent’s, or out of other goods or services provided by Autotech4rent’s, shall be limited to (i.e., may not be more than, but can be less than) the fees paid by Customer to Autotech4rent’s pursuant to this Agreement on the particular inspection at issue. In no event shall Autotech4rent’s be liable to Customer or to Customer’s stockholders, members, partners, managers, directors, officers, employees agents, clients, and customers for consequential, exemplary, special, indirect, incidental or punitive damages, including, without limitation, loss of profits or opportunity costs, even if Autotech4rent’s was notified of the possibility or likelihood of such damages occurring. The provisions of this section shall apply regardless of the form of action, damage, claim, liability, cost, expense or loss, whether in contract, statute, tort (including, without limitation, negligence). Customer acknowledges that the liability of Autotech4rent’s, its agents and employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses arising out of or related to Autotech4rent’s negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid by customer to Autotech4rent’s, and this liability shall be exclusive. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among Autotech4rent’s and Customer; and (iii) to enable Autotech4rent’s to perform the inspection at the stated fee. In jurisdictions that prohibit the exclusion or limitation of liability for consequential, incidental or other damages, Autotech4rent’s liability shall be limited to the greatest extent permitted by law. Customer shall have no cause of action against Autotech4rent’s after 6 months from the date of the inspection.
6. EXCLUSIVE USE: Autotech4rent’s inspection reports that are generated in the course of performing services pursuant to this Agreement are for the EXCLUSIVE use of Customer. No other parties shall be allowed to view or in any way gain access to or utilize the information, text, or digital imagery, without the express written consent of Autotech4rent’s.
7. INDEMNITY: If for any reason related to Autotech4rent’s performance of this Agreement, any claim or action is brought against Autotech4rent’s, whether such claim or action is well grounded or not, Customer agrees to defend, indemnify, and hold Autotech4rents harmless from any and all damages and attorney’s fees and costs. Customer agrees, at its own expense, to provide attorneys, to be selected and hired by Autotech4rent’s, to defend against any actions brought or filed against Autotech4rent’s.. Both parties agree that upon receipt of a notice of claim or action arising out of this Agreement, the party receiving such notice will notify the other party promptly.
8. FORCE MAJEURE: In the event Autotech4rent’s or its agents or subcontractors shall be delayed or hindered in, or prevented from, the performance of any act required of it by reason of failure of power, failure of telecommunications or connectivity, computer malfunctions, restrictive governmental laws or regulations, a labor dispute, industry disturbance, fire, unusually severe weather conditions, riot, insurrection, war, act of terrorism, act of God, or any circumstance or cause beyond the control of Autotech4rent’s in the reasonable conduct of its business, then performance of such acts will be excused for the period of the delay and the period for performance of any such act shall be extended for a period equivalent to the period of such delay.
9. TAXES: The price to Customer set forth on Autotech4rent’s website does not include sales, use, excise or any other applicable value added taxes or assessments. Such taxes or assessments, if any, will be added to Customer’s price. Customer agrees to pay to Autotech4rent’s on demand any such taxes or assessments.
10. SURVIVAL: The provisions of this Agreement that, by their nature are reasonably intended to survive the Agreement’s termination, shall survive the termination of this Agreement. In addition, any of Customer’s obligations under any provision of this Agreement which have accrued but have not been fully satisfied, performed or complied with prior to the termination of this Agreement shall survive the termination of this Agreement to the extent necessary for the full and complete performance of such provisions by Customer.
11. NOTICES: Any notice, request, consent, demand or other communication given under this Agreement shall be in writing and shall be deemed duly given and received (a) upon personal delivery to the party to whom it is directed; (b) seven days after being sent by certified or registered mail return receipt requested, to the party to whom it is directed, postage and charges prepaid; (c) one business day after being sent by express overnight delivery by a national carrier to the party to whom it is directed; or (d) upon being transmitted by facsimile to the party to whom it is directed so long as the sender retains the confirmation copy indicating that the facsimile was received by the party to whom its was directed. Any notice, request, consent, demand and other communication (i) to Customer shall be addressed at the addresses set forth in the Autotech4rent’s Inspection Order Form and (ii) to Autotech4rent’s, shall be addressed to the address set forth in the “Contact Us” section of http://www.Autotech4rent.com
12. REVISIONS: Autotech4rent’s reserves the right to revise these Terms & Conditions at any time upon notice to end users, which notice shall be deemed given upon posting of changes. Such revisions shall become effective 30 days after such posting, and the changes shall not be retroactive. Each customer is responsible for regularly reviewing the policy. Continued use of the service after any such changes shall constitute customer’s consent to such changes.
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