Description of the Service. The Services are internet-based transaction management services performed by Express Shipping Inc., a London corporation, acts as escrow agent and freight company in a Transaction, which Services are intended to facilitate the completion of the underlying transaction under the terms of this Agreement, the Site and the applicable vehicle Transaction Instructions.
Limits on the Services. The Services are only available for lawful vehicles. In order to register, you must supply all information required on the Site. Applicable state or federal laws and regulations may further limit the Services.
Prohibited Transactions. Users shall not utilize the Site or the Services in connection with any Transaction that is illegal or involves any illegal vehicles, or is for any illegal purpose. In addition, Express Shipping, in its sole discretion, may refuse to complete any Transaction that Express Shipping has reason to believe is unauthorized or made by someone other than you, may violate any law, rule or regulation, or if Express Shipping has reasonable cause not to honor it. Each User agrees to indemnify and hold Express Shipping harmless for losses resulting from any use or attempted use of the Services in violation of this Agreement.
General Conditions of Use. If you arrive at the Site through entities linked and/or integrated with Express Shipping or otherwise by or through a third party (e.g., an auction, exchange, or Internet-based intermediary), then you represent and warrant that all information you provide to Express Shipping are accurate and complete.
Obligations of Sellers. On the Transaction Detail Screens, each Seller to a Transaction must designate an Account to which payment for the Transaction will be made. Each Seller in a Transaction shall deliver the vehicle set forth in Transaction Detail Screens directly to the Buyer (or Buyers), at the address specified by such Buyer as shown on the Express Shipping website and on the terms and conditions. Seller shall use a delivery service that provides a confirmation of delivery and Seller shall provide Express Shipping with a tracking or reference number for the shipment of the goods. In the event Express Shipping does not receive notice of shipment from Seller within 48 hours of notification from Express Shipping’s notice to Seller to ship the vehicle, Seller authorizes Express Shipping to return the escrowed funds to Buyer. In the event of a return of the vehicle by Buyer, Seller shall notify Express Shipping of the receipt of the returned vehicle.
Obligations of Buyers. During inspection period:
Buyer is not allowed to borrow the vehicle to another person. Buyer is not allowed to lease the vehicle. Buyer is not allowed to use the vehicle as a taxi or public transportation vehicle. Buyer is not allowed to modify the vehicle in any way. In the rejection case, Buyer must return the vehicle in the same condition as he receive it.All deposits for vehicles in Express Shipping transactions should be submitted in at most Two Business Days from payment invoice. Failure to do so will result in the Express Shipping transaction being voided.
Our Responsibilities. Express Shipping is obligated to perform only those duties expressly described in this Agreement. Express Shipping shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law. Express Shipping may rely upon any notice, demand, request, letter, certificate, agreement or any other document which purports to have been transmitted or signed by or on behalf of a customer indicated as the sender or signatory thereof and shall have no duty to make any inquiry or investigation. In the event that Express Shipping is uncertain as to Express Shipping duties or rights under this Agreement, receives any instruction, demand or notice from any User or financial institution which, in Express Shipping’s opinion, is in conflict with any of the provisions of this Agreement, or any dispute arises with respect to this Agreement or the Escrowed Funds, Express Shipping may (i) consult with counsel of our choice (including our own attorneys) and any actions taken or not taken based upon advice of counsel shall be deemed consented to by you, or (ii) refrain from taking any action other than to retain the funds in escrow for delivery in accordance with the written agreement of the Users, the final decision or award of an arbitrator pursuant to an arbitration commenced and conducted in accordance with the General Escrow Instructions or a final, non-appealable judgment of a court of competent jurisdiction, or (iii) discharge our duties under this Agreement by depositing all funds by interpleader action with a court of competent jurisdiction in accordance with the procedures outlined in the General Instructions.
Canceling a Transaction. If a Transaction cannot be completed for any reason, including cancellation by Express Shipping for any reason, Express Shipping will notify each User in such Transaction by e-mail, to the e-mail address each has provided to Express Shipping. In Express Shipping’s sole discretion, Express Shipping may cancel any Transaction if each User to a Transaction fails to agree on the terms as required in the Transaction Details.
Security. Express Shipping uses secure sockets layer (“SSL”), a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet to ensure that the data you provide Express Shipping is not transmitted over the Internet unencrypted and cannot be viewed by unauthorized individuals.
Modifications. Express Shipping reserves the right to change this Agreement, or any portion of it, at any time, without prior notice, provided that no such change will apply to a Transaction once the Users to such Transaction have agreed to the Transaction Escrow Instructions. You understand that the most recent version of this Agreement will be located on the Site.
Notices. Notices from Express Shipping to you will be given by e-mail. You may contact Express Shipping by filling out the customer support form, phone number or live chat.