Independent Dealership — Terms and Conditions (Charlotte, NC)

These Terms govern the relationship between KIPLIN Automotive (“Dealer”) located at 3515 Brookshire Blvd, Charlotte NC 28216 and consumers/buyers (“Buyers”). By engaging in any purchase or sales activity under these Terms, the parties agree to be bound.

1. Key Definitions

Goods: Vehicles, parts, accessories, and related services.
Purchase: Buyer purchases vehicle and vehicle related products.
Territory: The geographic area where Dealer may market/sell Goods (as agreed).
Warranty Period: The duration of the Supplier’s warranty for the Goods.

2. Appointment & Territory

Purchase Appointment: A set time convenient to the Buyer’s scheduled to come into the dealership to finalize vehicle purchase.
Compliance: Dealer will follow all applicable laws and advertising standards.

3. Pricing and Payment

Prices: Are provided and discussed with pre-approval — sales price, purchase related fees, product protection costs, and local taxes.
Payment Terms: Down payments, deposits are due on the day of sale and is payable to the Dealership. The car payment options can be monthly or biweekly, is set by the discretion of the lender and is payable to the finance company.
Taxes: Dealer collects the highway use tax and the 3% NC state tax from the buyer in compliance with Dealer and DMV regulations in order to register vehicle. The buyer is responsible to pay the deferred property tax.
Risk & Title: Title and risk pass per As-Is sales transaction of purchased vehicle.

4. Delivery & Acceptance

Delivery: Goods can be delivered to Buyer’s location upon advance scheduling, driver availability and affordable cost based on radius from dealership
Acceptance: Inspect on delivery; notify for non-conformities within 2 days.
Returns/Exchange: Only per Return Policy or mutually agreed terms.

5. Warranties & Repairs

Supplier Warranties: Warranty are optional products presented to the Buyer on the day of sale. If Buyer opts to include product in their purchase they will receive copy of service contract paperwork for their record.
Warranty Process: Buyer will notify Supplier and initiate any possible claims for coverable items.
Exclusions: Damages from misuse, improper maintenance, modifications, accidents, wear and tear (unless stated on sale date).

6. Intellectual Property & Branding

License: Dealer may use Supplier’s marks/marketing materials to promote Goods per guidelines.
Restrictions: No confusingly similar marks; follow branding rules.
Ownership: IP rights remain with the owner of the Goods/materials.

7. Data, Privacy & Confidentiality

Data: Handle Personal Data per applicable laws; data processing addendum if needed.
Confidentiality: Protect confidential information; return/destroy on request or termination.

8. Insurance

Requirements: Dealer maintains necessary insurance (general, product, auto, professional) with specified limits. Buyer’s must secure full coverage insurance when financing the purchase of a vehicle.
Proof: Provide certificates on request.

9. Limitation of Liability & Indemnity

Liability Cap: Aggregate liability capped at an agreed amount or fees paid in a period, with carve-outs for certain breaches.
Indemnities:
- Dealer indemnifies Supplier for breaches;
- Supplier indemnifies Dealer for defects/damages by Supplier, subject to terms.
Exclusion of Consequential Damages: No indirect damages except as required by law or specified.

10. Term, Termination & Transition

Term: 2-5 years, or as specified.
Termination: For convenience with notice or for cause with cure period.
Transition: Upon termination, cooperate to transition customers/data/service obligations.

11. Dispute Resolution (Charlotte, NC)

Governing Law: State of North Carolina.
Venue: Mecklenburg County, NC for state arbitration actions;
Process: Negotiation first, then mediation; unresolved disputes may proceed to NC arbitration per the Purchase Agreement.
Injunctive Relief: Reserved for protecting confidential information or IP.

12. Notices

Notices in writing to the addresses on file, effective on delivery or per agreed terms.