CarEdge
Concierge Program
Service Agreement, 2024
Thank you for choosing CarEdge Concierge! We appreciate the opportunity to help you in your search for your next car. To clearly set forth expectations, roles and responsibilities, we are providing you with a simple service agreement to help you understand what we do and do not do (the “Agreement”). By signing up for our CarEdge Concierge service (the “Service”) and providing us with payment information, you expressly agree to be bound by the terms outlined in this Agreement. As such, please read the terms set forth in this Agreement carefully.
Overview: The Agreement made and effective as of , by and between, you (the "Customer" or “you”) and Auto Advocate Inc., a Delaware Corporation, with an address of 5268 Nicholson Ln Suite G 176 Kensington, MD 20895 ("CarEdge") (collectively, the “Parties”).
In exchange for your payment to CarEdge, CarEdge will offer you certain services to help you identify available vehicles within your price range, schedule test drives and dealership appointments, assess and secure pricing and/or financing from a dealership or third party on a vehicle that you select, advise on key contractual terms as related sales and/or financing agreements on the vehicle that you select, advise on extended warranty, insurance and/or additional ad-ons and share proprietary data and insights to help you negotiate fair pricing and financing, which will be provided to you by a CarEdge representative (the “Concierge”).
NO CANCELLATIONS OR REFUNDS OFFERED FOR CONCIERGE PURCHASES. ALL CONCIERGE PURCHASES ARE FINAL. Please see Section 5 for more details.
By Customer providing payment and CarEdge accepting such payment, the Parties consent to do business electronically in accordance with the ESIGN Act of 2000, and expressly agree to the following:
1. Acknowledgments:
(a) The Concierge’s role is solely to assist you in the identification and negotiation of a potential vehicle purchase.
(b) Neither the Concierge nor CarEdge inspects, repairs, certifies, or guarantees the quality, safety, or functionality of any vehicle, nor does the Concierge or CarEdge provide any warranties, whether express or implied.
(c) The Concierge does not accept any deposits from you for any vehicle; such deposits shall be made directly to the dealer selling the car that you select with the support of a Concierge.
(d) The Concierge does not sign or complete any contractual paperwork on behalf of you. Notwithstanding the foregoing, the Concierge will be available to answer any questions you have regarding any agreement involving the purchase of a vehicle that you identify with the support of a Concierge.
(e) The Concierge does not work for any dealership and does not receive any compensation or commission from any dealership. The Concierge is an objective partner to help you find the right vehicle from the right dealership at the right price.
(f) That the Concierge may use a broker, shipper, a dealership or another third party to help facilitate the shipment of your vehicle to you. In this capacity, the Concierge is acting as either an intermediary or a broker, and is not a shipper. CAREDGE IS NOT A SHIPPER. AS SUCH, CAREDGE IS NOT LIABLE FOR ANY DAMAGES, INCLUDING REPLACEMENT VALUE, DEDUCTABLES OR DIMINISHED VALUE, ARISING FROM ITS ROLE IN COORDINATING SHIPMENT OF YOUR VEHICLE THROUGH A BROKER SERVICE, DEALERSHIP OR DIRECTLY WITH A SHIPPER.
2. Release and Waiver: You, for yourself and your successors, heirs, assigns, executors, administrators, and any other persons or entities who could bring a claim on their behalf, does hereby release, acquit, and forever discharge CarEdge, the Concierge, their officers, directors, agents, employees, and successors from any and all liabilities, claims, demands, actions, causes of action, costs, and expenses, whether at law or in equity, whether known or unknown, arising out of or related to any defects, latent or apparent, in any vehicle that you may purchase with the Concierge’s assistance.
3. Indemnification: You agree to indemnify, defend, and hold harmless the Concierge and CarEdge, their officers, directors, agents, and employees from and against all losses, liabilities, expenses, claims, damages, and costs, including reasonable attorney's fees, arising out of or related to any claim or action concerning the mechanical condition, physical condition or any other aspect of any vehicle purchased with the Concierge’s assistance, and as pertains to government regulated Department of Motor Vehicle (“DMV”) fees. You acknowledge that the dealer and/or the party directly responsible for the shipment and/or delivery of a vehicle is solely responsible for the condition of any vehicle you purchase, providing accurate and up-to-date information regarding sales taxes and DMV fees, for any and all states, and the Concierge and CarEdge shall be indemnified and held harmless from any liability or claims arising from any discrepancies.
4. Payment Terms: CarEdge accepts credit cards as a secure form of payment through a secure CRM that it selects, in its sole discretion, including Visa, Mastercard, American Express, and Discover. A full payment of $999 is due upfront to initiate services.
5. NO REFUNDS, RETURNS, GUARANTEES OR REIMBURSEMENTS: ALL PURCHASES MADE ON CAREDGE.COM FOR CAREDGE CONCIERGE SERVICES ARE FINAL. WE DO NOT PROVIDE FULL OR PARTIAL REFUNDS, AND WE DO NOT GUARANTEE THAT YOU WILL REALIZE SAVINGS DELIVERED FOR OTHERS WHO HAVE USED THE SERVICE, AS EACH DEAL IS UNIQUE TO A BUYER AND THE VEHICLE THEY SELECT WITH CAREDGE SUPPORT.
6. Scope of Services: Upon the processing of your payment by CarEdge, you will be invited to complete an online intake form. Follow the links and instructions to complete and submit the intake form. Upon receipt of your completed intake form, CarEdge will assign a Concierge. Once assigned, the Concierge will contact you, review your intake responses and ask any additional questions required to help identify the right vehicle from the right dealership at the right prices. Based on your responses and the representations you make on your intake form, the Concierge will locate vehicle(s) agreeable to you, coordinate any test drive(s) and/or viewing(s), negotiate the purchase with the dealership, guide you through any questions related to purchase and/or financing and arrange for you and the dealer to connect to arrange an agreeable delivery date and time.
NOTE: in some cases, especially for long-distance purchases, there may be travel or additional shipping costs involved. It is your responsibility to pay these costs.
If, at any time after an agreed-upon vehicle of choice is selected and signed off on by you, you decided to change the agreed-upon vehicle of choice, the initial payment of $999 shall be retained as earned compensation by CarEdge, and an additional $500 is required to restart the car buying process to select a new vehicle of choice. Failure to secure financing or accept the finance offer will result in a forfeiture of funds paid to CarEdge for services rendered.
7. Your Responsibilities:
(a) Accurate Information: You will provide accurate and up-to-date information about your expectations, preferences, requirements, and any specific details related to the desired vehicle.
(b) Cooperation in Negotiations: You will be available for communication and be willing to cooperate during the negotiation process with dealerships.
(c) Timely Responses: You will commit to providing timely responses to inquiries or requests for additional information can help streamline the process.
(d) Verification of Vehicle Details: You will carefully review all details provided about potential vehicles to ensure accuracy. You will perform due diligence about vehicle quality and condition. You will be solely responsible for any agreements you sign. You will raise any concerns about vehicle quality, condition or agreements that you sign directly with the dealer from where you purchase the vehicle.
(e) Compliance with Legal Requirements: You represent and warrant that you meet all legal requirements for purchasing or leasing a vehicle, including licensing and insurance.
8. Final Approval of Deal: You will always have the final say on whether to proceed with a deal negotiated by the Concierge.
9. Dispute Resolution and Miscellaneous Details:
(a) Governing Law: This Agreement shall be governed by and interpreted in accordance with the laws of Delaware, USA.
(b) Venue: The parties agree that any disputes arising out of or relating to this Agreement shall be filed exclusively in the state courts located in the State of Delaware, and the parties consent to the personal jurisdiction of those courts and waive any objections as to venue or inconvenient forum in such courts.
(c) Dispute Resolution: CarEdge shall endeavor to resolve any disputes amicably and in good faith. If the parties are unable to resolve a dispute through negotiation, either party may initiate legal proceedings in accordance with this clause.
(d) Any refund that CarEdge offers, in its sole discretion, to you in the event of a dispute is a gesture of goodwill and shall not be an admission of wrongdoing or guilt.
(e) Attorney Fees and Costs: In the event that legal action is required to enforce any of this Agreement, the prevailing party in any such action shall be entitled to recover reasonable attorney fees and costs.
