Undefeated Motors Vehicle Order Agreement Terms & Conditions
Documentation.
Your Undefeated Motors Vehicle Order Agreement (the “Agreement”) is made up of the following documents:
- Vehicle Configuration: The Vehicle Configuration describes the vehicle that you configured and ordered, including pricing (excluding taxes and official or government fees).
- Final Price Sheet: The Final Price Sheet will be provided to you as you place your deposit to reserve a vehicle. It will include final pricing based on your final Vehicle Configuration and will include taxes and official or governmental fees.
- Terms & Conditions: These Terms & Conditions are effective as of the date you place your order and make your Order Fee (the “Order Date”).
Agreement to Purchase.
You agree to purchase the vehicle (the “Vehicle”) described in your Vehicle Configuration from Undefeated Motors. or its affiliate (“we,” “us” or “our”), pursuant to the terms and conditions of this Agreement. Your Vehicle is priced and configured based on features and options available at the time of order and you can confirm availability with a Undefeated Motors representative. Options, features or hardware released or changed after you place your order may not be included in or available for your Vehicle. If you are purchasing a used Vehicle, it may exhibit signs of normal wear and tear in line with its respective age and mileage.
Reserve A Car Terms.
A $100 Non-Refundable deposit is required to hold a vehicle for purchase on the www.undefeatedmotors.com website.
Cash Purchases:
A car may be held for 5 (five) business days after date of deposit made. If cash payment is not received after 5(five) business days, Undefeated Motors reserves the right to mark the vehicle as available once more on the website. The customer has the ability to place another non-refundable deposit to reserve the vehicle if they would like to continue to attempt to purchase again.
Financing/Loan Purchases:
Customers who opt to reserve a car and plan to purchase the vehicle with either an Undefeated Motors Loan or a Self-Arranged Loan will have 10 (ten) business days from the date of reservation to complete the purchase. The extended range of time allows customers sufficient time to secure financing. If payment of vehicle isn’t made within 10 (ten) business days, then Undefeated Motors reserves the right to mark the vehicle as available once more on the website.
Purchase Price, Taxes and Official Fees.
The purchase price of the Vehicle is indicated in your Vehicle Configuration. This purchase price does not include taxes and official or government fees, which could amount to up to 10% or more of the Vehicle purchase price. Because these taxes and fees are constantly changing and will depend on many factors, such as where you register the Vehicle, they will be calculated closer to the time of delivery and indicated on your Final Price Sheet. You are responsible for paying these additional taxes and fees. If Undefeated Motors is registering your Vehicle, this will be due when you pay the purchase price. If you are registering your Vehicle in a self-registration state, the sales tax and state-applicable registration fees may be due at time of registration. If you present a check for any payment, we may process the payment as a normal check transaction, or we may use information from your check to make a one-time electronic fund transfer from your account, in which case your bank account will reflect this transaction as an Electronic Fund Transfer.
Order Process; Cancellation; Changes.
After you submit your completed order, we will begin the process of preparing and coordinating your Vehicle delivery. Our sales representative will provide the price to ship the vehicle to you. If you cancel your order or breach this Agreement and we cancel your order after a pickup has been scheduled, you agree that we may retain as liquidated damages the Order Fee and Transportation Fee, to the extent not otherwise prohibited by law. You acknowledge that the Order Fee and Transportation Fee are a fair and reasonable estimate of the actual damages we have incurred or may incur in transporting, remarketing, and reselling the Vehicle, costs which are otherwise impracticable or extremely difficult to determine. If you make changes to your order, you may be subject to potential price increases for any pricing adjustments made since your original Order Date. Any changes made by you to your Vehicle Configuration, including changes to the delivery location or estimated delivery date, will be reflected in a subsequent Vehicle Configuration that will form part of this Agreement. The Order Fee, Transportation Fee and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.
Delivery; Transfer of Title.
If you are picking up your Vehicle If you are picking up your Vehicle at our San Diego location, we will notify you within 2 business days to inform you when the vehicle is ready for pickup. You agree to schedule and take delivery of your Vehicle within three (3) days of this date. If you do not respond to our notification or are unable to take delivery within the specified period, your Vehicle may be made available for sale to other customers.
If you wish to take delivery of your Vehicle in another state, Undefeated Motors will, on your behalf, coordinate the shipment of your Vehicle to you, generally from our San Diego location in. In such a case, you agree that this is a shipment contract under which Undefeated Motors will coordinate the shipping of the Vehicle to you via a third-party common carrier or other mode of transport. You agree that delivery of the Vehicle, including the transfer of title and risk of loss to you, will occur at the time your Vehicle is loaded onto the transport (i.e., FOB shipping point). During such transit, your Vehicle will be insured at no cost to you, and you will be the beneficiary of any claims for damage to the Vehicle or losses occurring while the Vehicle is in transit. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Vehicle and all proceeds therefrom until your obligations have been fulfilled.
The estimated delivery date of your Vehicle, if provided, is only an estimate as we do not guarantee when your Vehicle will actually be delivered. Your actual delivery date is dependent on many factors, including your Vehicle’s configuration.
Privacy Policy
Undefeated Motors Customer Privacy Policy is incorporated into this Agreement and can be viewed at https://www.undefeatedmotors.com/privacy-policy/
Agreement to Arbitrate.
Please carefully read this provision, which applies to any dispute between you and Undefeated Motors, Inc. and its affiliates, (together “Undefeated Motors”).
If you have a concern or dispute, please send a written notice describing it and your desired resolution to [email protected].
If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Undefeated Motors will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our products.
To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org.
The arbitrator may only resolve disputes between you and Undefeated Motors, and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing or leasing Undefeated Motors vehicles. In other words, you and Undefeated Motors may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated.
If you prefer, you may instead take an individual dispute to small claims court.
You may opt out of arbitration within 30 days after signing this Agreement by sending a letter to: Undefeated Motors, Inc.; 8039 Balboa Ave, Suite A San Diego, CA 92111, stating your name, Vehicle Identification Number, and intent to opt out of the arbitration provision. If you do not opt out, this agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract.
Limitation of Liability.
We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Order Fee and Transportation Fee.
No Resellers; Discontinuation; Cancellation.
Undefeated Motors and its affiliates sell cars directly to end-consumers, and we may unilaterally cancel any order that we believe has been made with a view toward resale of the Vehicle or that has otherwise been made in bad faith. We may also cancel your order and refund your Order Fee and Transportation Fee if we discontinue a product, feature or option after the time you place your order or if we determine that you are acting in bad faith.
Governing Law; Integration; Assignment.
Except as provided below, the terms of this Agreement are governed by, and to be interpreted according to the laws of California. Prior agreements, oral statements, negotiations, communications or representations about the Vehicle sold under this Agreement are superseded by this Agreement. Terms relating to the purchase not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.
State-Specific Provisions.
You acknowledge that you have read and understand the provisions applicable to you in the State-Specific Provisions attachment to this Agreement.
This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.
