Vehicle History Carfax Document

VEHICLE HISTORY CARFAX DOCUMENT

This Vehicle History Report Agreement (the Agreement) is made between the parties identified below and sets forth the terms under which the Provider supplies a Vehicle History Report concerning the vehicle identified herein.

WHEREAS

WHEREAS, Provider represents that it maintains or has access to vehicle record databases and compiles a vehicle history report based upon available title, odometer, collision, service, and lien records; and

WHEREAS, Recipient desires to obtain a Vehicle History Report for the vehicle described below for the purpose of evaluating condition, title status, and prior use, and Provider is willing to furnish such report subject to the terms and conditions contained in this Agreement.

VEHICLE DETAILS

SCOPE OF WORK

Provider will compile and deliver a written Vehicle History Report limited to the records accessible to Provider as of the Report Date. The Report may include but is not limited to title brand history, odometer readings, reported incidents, service records, and lien status.

PAYMENT TERMS

In consideration for the Report, Recipient shall pay Provider in accordance with the terms below. All sums are payable in United States dollars unless otherwise agreed in writing.

TERM AND TERMINATION

This Agreement commences on the Start Date and continues until the End Date unless earlier terminated as provided herein.

Either party may terminate for material breach if the breach remains uncured following the Notice Period. Termination will not relieve Recipient of its obligation to pay for services rendered through the effective date of termination.

CONFIDENTIALITY

Each party shall maintain as confidential all non-public information received from the other party in connection with this Agreement and shall not disclose such information except to its employees, agents, or contractors who have a need to know and who are bound by confidentiality obligations no less protective than those herein. Confidential information does not include information that: (a) becomes publicly available without breach of this Agreement; (b) was lawfully in the receiving party’s possession prior to disclosure; or (c) is required to be disclosed by law, provided the disclosing party gives prompt notice to the other party where practicable.

REPORT LIMITATIONS; REPRESENTATIONS; DISCLAIMER

Provider represents that the Report is compiled from records that were available to Provider at the time of compilation. Provider makes no warranty, express or implied, regarding the completeness, accuracy, merchantability, or fitness for a particular purpose of the Report. The Report is an informational tool only and is not a substitute for a physical inspection, mechanical evaluation, or a vehicle title search by the appropriate government authority.

Recipient acknowledges and agrees that Provider’s sources may contain errors or omissions and that Provider is not responsible for upstream reporting errors made by third parties. Recipient agrees not to rely exclusively on the Report when making purchase or safety decisions.

INDEMNIFICATION AND LIMITATION OF LIABILITY

Recipient shall indemnify, defend, and hold harmless Provider and its affiliates from and against any claims, liabilities, losses, and expenses arising out of Recipient’s use of, or reliance on, the Report, except to the extent caused by Provider’s gross negligence or willful misconduct. IN NO EVENT SHALL PROVIDER BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, AND PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY RECIPIENT TO PROVIDER UNDER THIS AGREEMENT IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state identified by Recipient’s primary address unless the parties agree otherwise in writing. The parties waive any right to a jury trial to the extent permitted by law.

ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior negotiations, discussions, or agreements. Any amendment or modification must be in writing and signed by both parties.

PARTY INFORMATION

ACKNOWLEDGMENT AND CERTIFICATION

By signing below, Recipient certifies that the information provided to Provider (including VIN and contact information) is true and accurate to the best of Recipient’s knowledge, and Recipient acknowledges receipt of the Vehicle History Report and agrees to be bound by the terms of this Agreement.

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