Terms Of Use

In order to use this website in any way, you must agree to these terms. Use of the website implies agreement to these terms. If you do not agree, you must stop using the site immediately.

About FliWheel.co

FliWheel.co (also referred to as us, the website, we) is an online platform to connect US sellers and overseas buyers of automotive inventory, facilitate transactions and provide export logistics.

Types of Users

FliWheel.co clients are defined as follows:

  • Buyers are foreign dealers and individuals who would like to purchase and export cars from the USA
  • Sellers are registered and licensed dealers in the USA who would like to offer their vehicles for sale to foreign buyers
  • The buyers and sellers will collectively be referred to as users

Sign Up and Login

  • Users are required to provide accurate information and documentation when signing up on the website
  • During the sign up process, buyers are required to indicate whether they are dealers or individuals. Dealers are required to provide additional information and documentation. Dealers will be exempted from providing proof of export if they are handling the transport and/or shipping of the vehicle themselves
  • Sellers registering on the website must be licensed and registered dealers in the United Sates
  • Any actions taken from an account are the sole responsibility of the person in whose name the account is registered
  • FliWheel.co reserves the right to terminate or suspend an account

Notifications

  • The notification section on the users’ account will be used to communicate important information regarding their account and regarding the vehicles on their account.
  • These notifications will also be emailed to the user.
  • It is the users’ responsibility to respond in a timely manner to any notifications that require their attention to proceed with the process of negotiation, purchasing, selling or exporting a vehicle.

Brokerage

  • The Brokerage section allows buyers to search vehicles listed across multiple 3rd party vehicle listing and auction websites and to make offers, negotiate, purchase, inspect, transport and ship these vehicles
  • FliWheel.co only facilitates transaction where the vehicle is allowed to be exported by the manufacturer and the seller is a registered and licensed dealer or franchisee in the United States
  • FliWheel.co does not facilitate transaction for vehicles that are not allowed to be exported by the manufacturer or for vehicles being sold by private sellers
  • The search function works through a widget provided by AutoTempest®. FliWheel.co does not take responsibility of the accuracy of the search results or for the accuracy of the information listed on the vehicle listing and auction websites
  • Buyers may also bid on used vehicles listed for sale by dealers in the United States online on any website, even if the results do not show up under the AutoTempest® search aggregator by selecting ‘Other’ in the ‘Source’ field as long as vehicles are being sold be a licensed and registered dealer or franchisee
  • All the vehicles purchased through our website must be exported. They cannot be used or resold in the United States.
  • All sales are AS IS. FliWheel.co does provide any warranty on the vehicles purchased through the website and does not accept any returns.

Inventory

  • Vehicles are listed for sale under the Inventory section on FliWheel.co. Buyers may make offers, negotiate, purchase, inspect, transport and ship these vehicles.
  • These vehicles are listed by FliWheel.co and by sellers registered on our website
  • FliWheel.co Inventory
    • These vehicles are purchased by FliWheel.co for sale to overseas buyers
    • FliWheel.co may purchase these vehicles from auctions, dealers or private sellers in the United States
    • FliWheel.co will provide the information received from the original seller and is not responsible for the accuracy of this information
    • All sales are AS IS. FliWheel.co does not offer any warranty on the vehicles and does not accept any returns
  • Dealer Inventory
    • These vehicles are listed for sale by sellers registered on our website
    • All information regarding the vehicle is provided by the seller. FliWheel.co does not take any responsibility for the accuracy of the information
    • FliWheel.co cannot guarantee that the vehicle will be available at any point during the process
  • All sales are AS IS. FliWheel.co does provide any warranty on the vehicles purchased through the website and does not accept any returns.

Offer, Negotiation and Purchase

  • The buyer will initiate the process by making an offer on a vehicle listed for sale under the inventory section or through the brokerage section
  • FliWheel.co will provide fees based on user preferences regarding transportation, shipping, title forwarding and marine Insurance. Once these fees have been accepted by the buyer, an offer will be communicated to the seller
  • The seller has the option to accept or reject the offer or to make a counter offer
  • This process will continue from both sides until either a deal is reached or either party rejects an offer
  • Once an offer is accepted by either party, a security deposit will be placed with the seller to reserve the vehicle
  • The buyer will then have 4 business days to wire transfer the invoice amount in order to close the transaction. Buyer may either send the full outstanding amount or may send the outstanding amount less their security deposit, if they would like to utilize their security deposit towards the purchase.
  • If the buyer does not complete the transaction, they may forfeit the security deposit placed with the seller
  • The buyer is responsible for any offer or counter-offer made that is accepted by the seller
  • The seller is responsible for any counter-offer made that is accepted by the buyer
  • FliWheel.co will contact the seller regarding payment and next steps when a deal is reached
  • Once the purchase process is completed, FliWheel.co will start working on logistics portion of the order based on user preferences selected during the offer process
  • Users are required to respond in a timely manner to increase chances of a sucessful deal being reached
  • FliWheel.co cannot guarantee the availability of a vehicle at any stage during the process. If due to any circumstances, the deal cannot be closed after buyer has wired the payment, FliWheel.co will refund the payment
  • When the exception of vehicles listed as ‘FliWheel.co Inventory’ on the Inventory page, FliWheel.co will act in the capacity of a consignor and will not be the buyer or seller of the vehicle

Logistics

  • If a vehicle is not being purchased through FliWheel.co, a user can still transport and/or ship it through our website using the logistics section
  • It is the users responsibility to provide accurate information to allow FliWheel.co to efficiently complete the order
  • Transport only
    • User will provide vehicle, pickup and drop off information
    • The user must be legally authorized to allow FliWheel.co to transport the vehicle
  • Ship Only
    • The user will provide vehicle and shipping information
    • The user must deliver the car and title to the terminal for it to be shipped
    • The location for the terminals is available under the ‘How it works’ section
    • The user must be legally authorized to allow FliWheel.co to ship the vehicle
  • Transport and Ship
    • The user will provide vehicle, pickup and shipping information
    • The user must deliver the title to the terminal for it to be shipped
    • The location for the terminals is available under the ‘How it works’ section
    • The user must be legally authorized to allow FliWheel.co to transport and ship the vehicle

Fees

  • The schedule of fees is available under the ‘How it works’ section
  • All fees are non-refundable
  • FliWheel.co reserves the right to change fees at any time or charge different fees to different users based on relationships

Inspection

  • FliWheel.co provides inspection reports for vehicles as requested by buyers
  • FliWheel.co works with third party inspection companies. The companies send their representatives to where the vehicle is located to physically inspect it and test drive it. The process takes an average of about 3 to 4 days. Once the process is completed FliWheel.co will upload the report to the buyer’s account.
  • FliWheel.co is not responsible for the accuracy of the information provided in the inspection report
  • Types of reports:
    • Standalone report
      • Standalone reports can be requested under the reports section on the user interface or from the Car View Page
      • For these reports FliWheel.co cannot guarantee the availability of the vehicle if the user decides to purchase it after viewing the report
      • Buyer is responsible for providing accurate information regarding vehicle and location in order for FliWheel.co to complete the process
    • When making offers on vehicles, buyer has the option to order a conditional or non-conditional inspection
    • Conditional Inspection:
      • If a conditional inspection is requested, after a deal has been reached, FliWheel.co will provide the buyer with the inspection report. At this point, the buyer has the option to complete the transaction or cancel it.
      • If the buyer chooses to cancel the transaction, they will still be charged the inspection fee by deducting it from their security deposit
    • Non-Conditional Inspection:
      • The inspection is carried out and report provided to buyer after the purchase process is complete
      • The buyer will not have the option to cancel the transaction after deal has been closed

Transportation

  • FliWheel.co provides transportation for vehicles being purchased through the website via Inventory or Brokerage sources and vehicles not being purchase through the website through the logistics system.
  • FliWheel.co works with transporters to move vehicles within the United States
  • If the buyer is also shipping the vehicle with us, they will be given the option of transporting the vehicle to one of five shipping terminals in the United States.
  • If the buyer is only transporting the vehicle with us, they are responsible for providing an accurate drop off location and contact information
  • For vehicles being transported, the buyer must have legal authority to be moving the vehicle
  • In order to minimize transport costs, buyers are suggested to select the US terminal that is geographically closest to the existing location of the vehicle.
  • We work with transporters that are insured and bonded. In the event that any damage occurs to the vehicle during transport, FliWheel.co will work with the transporters’ insurance company to get compensated for the damage. In such situations, FliWheel.co will act in the best interest of the buyer but cannot guarantee any outcome.
  • If a user chooses to transport the vehicle themselves, they must pick it up within a reasonable amount of time after they are notified that the vehicle is available for pickup. Pickup information will be available under ‘My Vehicles’. If the buyer is not a dealer, then they are required to provide proof of export before the vehicle can be released

Shipping

  • FliWheel.co provides shipping for vehicles being purchased through the Inventory or Brokerage sources and vehicles not being purchase through the website through the logistics system.
  • FliWheel.co works with freight forwarders who handle custom clearance of the vehicle in the United States and work with shipping lines to load and ship the vehicles.
  • In order for a vehicle to be shipped, it must be physically present at the shipping terminal and we need to be in possession of the original certificate of title clear of any liens
  • User can select the following methods of shipping
    • RoRo (Roll on Roll off) shipping:
      • The vehicle is driven directly onto the vessel and secured to the car decks.
      • Vehicles need to be in working condition.
      • RoRo shipping may not be available at all US terminals
    • Container Shipping:
      • Containers are available in 20’, 40’ and 45’ lengths.
      • Multiple cars may be loaded in a container. The number of cars depends on the size of the container and the sizes of the individual vehicles.
      • If a buyer chooses container shipping, they will be charged per vehicle based on the price of the container divided by number of vehicles they plan to load in it
      • In order for the container to be loaded, all those vehicles and their titles need to be present at the same US terminal
      • Buyer should exercise their judgement regarding how many vehicles can realistically fit inside the container. If the vehicles cannot be loaded as per original plan, FliWheel.co can adjust the shipping plan and charge or refund the buyer for the difference in shipping fees
  • Custom Clearance
    • Once the vehicle arrives at it destination port, the buyer will handle custom clearance. FliWheel.co does not handle custom clearance unless noted otherwise. We recommend hiring a clearing agent.
    • Documents required during the clearance process may include invoice/bill of sale, bill of lading, telex release, original or copy certificate of title and consignee’s identification. There may also be additional requirements for specific international ports. FliWheel.co will upload documents from its end under the buyer ‘My vehicles’ section for purchased vehicles and under the Status section for Logistics vehicles.
    • If original certificate of title is required for clearance, it can be mailed to the client for a fee. Otherwise FliWheel.co holds possession of the title. (see title forwarding)
    • The consignee information is pulled from the account management page. Buyers can edit the consignee information for individual vehicles
    • All vehicles going in the same container must have the same consignee
  • FliWheel.co is not responsible if vehicles are damaged during shipping. Marine Insurance is available to cover the buyer against any loss during shipment (See Marine Insurance)
  • The buyer must be informed about regulations regarding vehicle import at the destination port. FliWheel.co does not hold any responsibility in the event that the cargo is denied clearance
  • FliWheel.co will attempt to load, shipping and deliver vehicle as quickly as possible but cannot guarantee arrival times. Expected time of arrival (ETA) will be provided
  • If vehicles that have not been purchased through FliWheel.co are being shipped via the Logistics section, the buyer is responsible to deliver the car and title to the terminal
  • If vehicles that have not been purchased through FliWheel.co are being transported and shipped via the Logistics section, the buyer is responsible to deliver the title to the terminal
  • If a user chooses to ship the vehicle themselves, they must provide a drop off location for the vehicle to be transported to. For vehicles purchased through us, if the buyer is not a dealer, then they are required to provide a dock receipt to confirm that the vehicle will be exported before it is released.

Title Forwarding

  • FliWheel.co can forward the original certificate of title for a vehicle as requested by buyer.
  • The Title Forwarding address defaults to information on the account management page. Buyers may also change the title forwarding address for specific vehicles under the buyer ‘My vehicles’ section for purchased vehicles and under the Status section for Logistics vehicles.
  • FliWheel.co will use a service such as Fedex, UPS or DHL and provide buyer with tracking information. However, we are not responsible if title gets lost or damaged during transit
  • If the buyer does require the title to be forwarded, FliWheel.co will hold possession of the title
  • For logistics vehicles, if the buyer is shipping or transporting and shipping the vehicle with us, they need to send the title to the US shipping terminal. The address to send the title is available under the ‘How it Works’ section. The vehicle cannot be shipped until the title is received. When custom clearance is complete, FliWheel.co will either forward to the title to the buyer or hold on to it, according to their preferences indicated in the logistics order.

Marine Insurance

  • Buyers have the option to insure their cargo which is being shipped. FliWheel.co recommends that buyers elect for insurance to protect against damage or total loss during shipping
  • In the event of damage or total loss during shipping, FliWheel.co will work in the best interests of the buyer but cannot guarantee any outcome
  • The insured amount will cover the total amount being billed by FliWheel.co excluding the actual insurance premium

Vehicle History Reports

  • FliWheel.co provides Carfax and Autocheck vehicle history reports to buyers
  • FliWheel.co is not responsible for the accuracy of the information contained in the reports
  • Once a buyer has submitted an order, a report will be uploaded to their account within 24 hours

Billing and Payments

  • See the Billing and Payments Overview and Billing and Payments Instructions section on the ‘How it Works’ page

Account Management

  • Users can change and update their account information through the Account Management tab
  • Users are requested to keep their account information updated at all times
  • For buyers, the consignee information and title forwarding address under the Account Management is used as the default information unless changed for a specific vehicle by the buyer
    • FliWheel.co is not responsible if the wrong consignee or title forwarding information is used due to buyer’s inability to update account in a timely manner

Seller Vehicle Listing Requirements

  • Seller must be willing to sell listed vehicles to the export market
  • Since all vehicles will be purchased by exporters, sellers will not be required to register vehicles in the name of the buyer in the United States, register a tag or collect taxes on the vehicle
  • Sellers are responsible to provide accurate information for the vehicles they list
  • Seller must be legally authorized to sell vehicle
  • Seller must be in possession of car and title at their location of business provided during sign up
  • The advertised ‘Buy Now Price’ or the agreed upon negotiated price must be the final price, fees cannot be added to that price
  • Sellers may not advertise ‘financing price’ with additional down payment not disclosed. All prices must be cash prices
  • We reserve the right to edit vehicle information
  • Sellers must respond to offers in a timely manner
  • If a seller accepts an offer or counter-offer, they are required to sell the vehicle at the agreed upon price
  • If the seller makes a counter-offer that is accepted by the buyer, the seller is required to sell at the agreed upon price
  • If a deal is reached and a security deposit is placed to reserve a vehicle, the seller must hold the vehicle for a reasonable amount of time to allow us to receive payment from buyer and transfer it to seller. If they fail to do so, the seller must return the deposit
  • If the buyer makes an offer conditional on the results of an inspection report, the seller must make the vehicle available and accessible for inspection
  • If the seller violates any of the above terms, we reserve the right to suspend their account

Site Content

All information and content available on this Site (collectively, "Content") is protected by copyright and other intellectual property laws. The Content is owned by FliWheel.co, its Affiliates, and/or their respective licensors and suppliers (collectively, "Licensors"). The Content is intended for personal and noncommercial use only. While you may interact with or download a single copy of any portion of the Content for your personal and noncommercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, repost or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of FliWheel.co.

Trademarks

You acknowledge that the Content includes certain trademarks and service marks owned by FliWheel.co, Affiliates, Licensors and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The "FliWheel.co" name and logo are trademarks of GAE LLC. Other product and company names herein may be trademarks of their respective owners.

Software

Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by FliWheel.co and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

User Materials

By submitting ads, content, photos, data or other materials ("Materials") to the Site, you hereby grant to FliWheel.co and its Affiliates a royalty free, perpetual, irrevocable, nonexclusive, fully transferable, fully Sub licensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to FliWheel.co and its Affiliates a royalty free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.

FliWheel.co Rights

Given the nature of the Site and the volume of messages and postings, FliWheel.co cannot and does not monitor all of the Materials posted or transmitted by you and other thirdparty information providers. FliWheel.co reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the Site, you expressly agree that FliWheel.co (a) will not be liable to any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.

Representations/Indemnity

You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold FliWheel.co, its Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.

Prohibited Activities

The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to FliWheel.co Users or others; (e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted or password only access pages, or hidden

pages or images; (g) submitting Material that displays pornographic or sexually explicit material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the Site's lead forms and/or toll free numbers to advertise or promote products and services to FliWheel.co advertisers; (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on FliWheel.co’s hardware and software infrastructure (collectively, "Prohibited Activities").

Warranty Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. FliWheel.co, ITS AFFILIATES AND THEIR RESPECTIVE THIRDPARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND , FliWheel.co, ITS AFFILIATES AND THEIR RESPECTIVE THIRDPARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. , FliWheel.co AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE. , FliWheel.co CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. , FliWheel.co RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. , FliWheel.co DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING ALL SERVICES ON THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRDPARTY LICENSOR" DOES NOT INCLUDE YOU.

Limitation of Liability

FliWheel.co, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRDPARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE).

Termination of Service

You understand and agree that in FliWheel.co's sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and FliWheel.co may exercise any other remedy available and remove any Materials, if FliWheel.co believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of FliWheel.co, any Affiliate or Licensor, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to FliWheel.co for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that FliWheel.co post a bond. FliWheel.co is not required to provide any refund to you if you are terminated as an authorized User of the Site because, in FliWheel.co sole discretion, you have violated these Terms of Service.

Miscellaneous

These Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. FliWheel.co may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. This Site includes links to other websites not established or supervised by FliWheel.co or any Affiliate. FliWheel.co and its Affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites. These Terms of Service will be governed by and construed in accordance with the laws of the State of Georgia without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Fulton County, Gerogia, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Fulton County, Georgia, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by FliWheel.co to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.

FliWheel.co as Consignee

FliWheel.co is a service company and generally does not take title to, purchase or sell Vehicles. Rather, the Company facilitates the exchange of Vehicles between Seller and Buyer. All Vehicles offered for sale at the website by Seller are deemed consigned and are offered for sale by FliWheel.co on Seller’s behalf. FliWheel.co, at its sole discretion, reserves the right to refuse to accept or to remove from the website any Vehicles to be offered for sale. In any Vehicle purchase transaction, FliWheel.co shall not be deemed or considered the Vehicle’s Seller under any circumstances, except where FliWheel.co has specifically identified itself as Seller on the sale contract. FliWheel.co otherwise is not a party to any sale contract, but shall be deemed a third party beneficiary of such contract, entitled to the parties’ performance and to seek legal remedies for the parties’ breach.

Fees

Customer agrees to pay all fees and charges for services rendered by FliWheel.co, including but not limited to, penalties for failure to comply with various provisions, or certain convenience features, each as applicable. FliWheel.co, in its sole discretion and at any time, may add, delete, or change some or all of the Fees, as applicable. Also, FliWheel.co reserves the right to and may have arrangements with certain customers that result in reduced Fees, the payment of discounts/rebates associated with the sales of Vehicles, and/or marketing assessments in the form of premium buyer fees.

Warranties

Customer warrants, represents and guarantees possession and conveyance of a certificate of title, properly executed, valid in the state where the transaction is occurring and clear of all liens and encumbrances and Customer warrants and will defend the title against the claims and demands of all person whatsoever. Customer further acknowledges that with respect to purchased Vehicles, FliWheel.co has assumed no responsibility to investigate Seller’s title or to otherwise identify defects in Seller’s title or title documents, and makes no warranty whatsoever regarding title or title documents.

FliWheel.co is not responsible for, nor does it represent or warrant (a) the accuracy of odometer mileage, (b) the information contained in the odometer mileage statement, (c) warranties of title, merchantability or fitness for a particular purpose, (d) license plates, (e) Vehicle service or maintenance history, (f) information contained in Vehicle history reports, (g) Vehicle condition, (h) year the Vehicle was manufactured, (i) the accuracy of any market information, (j) mileage and other information printed on the windows, (k) the description of the Vehicle, (l) equipment and options for the Vehicle, (m) availability or validity of factory warranty, (n) fitness of Vehicle for export, and (o) any and all representations and warranties made by or on behalf of the Seller. Customer is responsible for reviewing all disclosures, announcements and information relative to a Vehicle’s condition prior to making a purchase.

Delivery of Vehicle and Title

Buyer is liable for all expenditures, mileage, wear, damage, and all other losses to a Vehicle after it is purchased. FliWheel.co is not liable for any expense whatsoever incurred by Buyer in the event title is not delivered. Customer assumes all risk of loss related to or arising from titles or related documents lost, destroyed, or erroneously completed by the governmental agency processing a title, or any title lost in transit, whether sent by postal service or other courier. Buyer is responsible for verifying that the Vehicle satisfies all export requirements of the originating country and all import requirements of the destination country. In the event a Vehicle does not meet export requirements, Buyer is responsible for all fees and any loss incurred on the resale of the Vehicle.

Outside Sales

If Customer has consigned a Vehicle for sale at FliWheel.co and it sells outside of FliWheel.co, it is Customer’s sole responsibility to notify us promptly of the Vehicle’s prior sale and to request that the Vehicle be pulled from any on-line listing. If Seller fails to timely notify FliWheel.co, resulting in the Vehicle’s sale by FliWheel.co (a “double sale”), Seller shall be solely responsible for a double sale fee along with any and all resulting losses from the double sale, including but not limited to all fees owing to FliWheel.co arising from it’s sale of the Vehicle (including buyer fees, off-site Vehicle sale proceeds if already paid and reasonable attorney fees), and all other incidental or consequential damages suffered by FliWheel.co, Buyer, or Seller’s purchaser.

Buy Now

At Seller’s option, Seller may assign a “fixed price” to any consigned Vehicle by which a potential Buyer will have the option to “Buy Now” at the stated price, without further competitive bidding. Seller’s designation of a fixed price shall be deemed a binding offer to sell at that price. Buyer’s making an offer at that price shall be deemed a binding acceptance of the sale at the designated fixed price. The fixed price designation may be withdrawn or modified by Seller at any time before a Buyer has indicated agreement to purchase the Vehicle at the fixed price. Once Seller has withdrawn or modified a fixed price, it is not required to accept any subsequent offer at the previously fixed price.

Risk of Loss

Risk of Loss. Except as otherwise expressly provided in these Terms and Conditions, the risk of loss for a Vehicle shifts from the Seller to the Buyer upon the closing of the sale.