Terms and Conditions
Last updated on: September 26, 2019
Welcome and thanks for your interest in V&S Brothers. The use of our website, products and services is conditional on you being at least 18 years old, and having the ability and capacity to enter into a legally binding contract. By using our website, products and services, you represent that you accept and agree to our Terms and Conditions, outlined below. If you have any questions, please contact us.
1. Registration Agreement
Please be advised that this Agreement defines your legal rights and contains provisions that govern how claims that you and V&S Brothers may have against each other will be resolved (see Section 8 (Dispute Resolution)). It is in your best interest that you read this entire Agreement carefully before accepting it. If you object to anything in this Agreement, or otherwise do not understand or agree to be bound by this Agreement, do not use our Services. If you use our Services in any way, this will signify that you agree to be bound by this Agreement. Please print a copy of this Agreement for your records. We recommend that you retain a copy for future reference.
Please note, we may change this Agreement at any time. We will promptly provide you with notice of such changes as soon as reasonably possible after they are made, but it is your responsibility to review any changes to this Agreement. If you object to any of the changes made to this Agreement, or otherwise do not understand any of the changes made to this Agreement, please cease the use of our Services. Feel free to contact us to discuss any questions you might have regarding any of the changes so that you can continue to use our Services. The continued use of our Services following notice of any change to this Agreement will imply that you agree to be bound by this Agreement in its revised form.
By using our Website, products, and Services, you authorize us to have access to all funds available in your V&S Brothers account to pay a deposit on vehicles ordered by you, make payments for purchased vehicles, US/Canada and international shipping, and/or any other Services provided by us or our affiliates under this Agreement.
V&S Brothers has priced its Services based on your acceptance of the disclaimers, waivers, and allocation of risks as assigned, as provided in this Agreement. You understand and agree that all disclaimers, waivers, and allocation of risks provided herein are essential to the business between you and us, and that without such, V&S Brothers is unable to provide the Services.
2. Who we are
V&S Brothers is a registered used car dealer and freight forwarding company. We use a business-to-business model and specialize in the export of vehicles (as used herein, a "vehicle" means any item available for purchase using V&S Brothers's Services, including cars, trucks, SUVs, motorcycles, boats, jet skis, industrial equipment, trailers, RVs, and other similar vehicles) from the US. We will do the work for you to get the final approval for your cargo to be shipped from the US / Canada. We will prepare and submit all the required export forms. All you have to supply is the commercial invoices and sign the export instructions.
To buy and ship vehicles from the US through our company, you must become a registered user of V&S Brothers.
We provide access to the largest online auto auction inventory in North America, such as ADESA Inc. (“Adesa”), IAA Inc. (“IAA”), Copart Inc. ("Copart") and Manheim Auctions Inc. ("Manheim”), which will herein be collectively referred to as “Auctions” or “Auto Auctions”.
We assist with the purchase and/or shipping from American and Canadian dealerships, auto salvage yards and private sellers, which will herein be collectively referred to as “Seller” or “Sellers”.
Subject to the terms of this Agreement, we or one of our affiliated entities will facilitate your purchase of new, used and salvage vehicles that you identify and select as being of interest. A minimum deposit in your V&S Brothers account is required before you will be allowed to bid on and purchase any vehicle (see Deposit Rules & Policies). The minimum deposit is $400. A deposit of 10% of your maximum bid on a vehicle is required. For example, if you plan to place a maximum bid of $10,000, you must make a deposit of $1000 to your account.
You agree to pay us a fee for all Services that we provide to you by the nominated due date. The specific amount of the fee and the way in which the fee is collected is set forth in our Rules & Policies. You must cooperate with us and our affiliated entities, including responding to our calls and emails, and providing information and documents that may be required to process your purchase, the transfer, and or the registration of any vehicle purchased and/or shipped and/or exported using our Services.
We are a registered member of all major US Auto Auctions but are not owned, controlled, endorsed nor recommended by them.
By registering with V&S Brothers and using the V&S Brothers’s Services, you acknowledge and understand that you are registering with and purchasing vehicles from V&S Brothers (or its affiliated entities) and not registering with or purchasing vehicles from US Auto Auctions. You understand and agree that V&S Brothers reserves the right to assign some or all of our rights under this Agreement to any of our affiliated entities, and that any purchase made using our Services may be made via one of our affiliated entities. You explicitly consent to such an assignment.
While we may provide information and other guidance as part of our Services, such information and guidance is for informational purposes only and you should decide whether or not to follow it. By using our Services, you understand and agree that (a) we do not own, control, employ, recommend, or endorse any of the independent third-party sellers who own the vehicles available for purchase using our Services; (b) we do not own or possess the vehicles available for purchase using our Services (unless we are listed as the seller or the vehicles are listed on our website); (c) we do not research, verify, confirm, guarantee, or warrant the accuracy or completeness of any Vehicle Information (as defined in Section 6.2 (Vehicle Information Disclaimer)) for any vehicle available for purchase using our Services; and (d) we do not make any representations, warranties, or guarantees of any kind regarding the quality or condition of the vehicles available for purchase using our Services.
e) We are not a car-hauler company but, as a part of Services, we will organize the transport of your vehicles within the US and Canada by outsourcing to car-hauler companies, brokers, and independent contractors. f) We are not an ocean shipping agency and don’t own vessels. We will outsource the international transport to ocean carriers who will ship vehicles and cargo from the US to the port selected by you (final destination). Use of our cargo tracking page to see the last reported location is for informational purposes only. You will need the container number or vehicle identification number (VIN) to track your vehicle. We are not responsible for any errors or the accuracy of the tracking.
We are not responsible for any kind of warranty for any vehicle you purchase using our Services (see Section 6 (Disclaimers)).
Purchasing a used or salvage vehicle from an online auto auction marketplace presents many risks. You are solely responsible to obtain sufficient information on a vehicle prior to placing any bid.
We are not responsible for any delays in shipping or release of your vehicles or cargo from any facilities (Auto Auction, Customs, transit warehouses and parking lots), neither in the US/Canada, in transit, nor overseas. Purchased vehicles must be removed from the auction facility promptly. After 5 days of not receiving payments, an auction storage charge of $20/day may be imposed.For vehicles at our exit port locations, we offer 20 days FREE storage from the day the vehicle was delivered to our lot/warehouse. After 20 days, a storage fee of $10/day applies. These fees are non-negotiable and are applied regardless of what caused the shipping delay, whether that be bad weather or a delay with your next vehicle delivery or an ocean line strike.
3. Your Use of the V&S Brothers Website
We strive to have the V&S Brothers platform available to you 24 hours a day, seven days a week, but because of how the internet works, occasionally you may not be able to access the V&S Brothers website, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. V&S Brothers will not be liable to you for any loss (either data or monetary) you suffer as a result of these things.
As a registered user, you may also have access to products and services provided by a third party (live chat, cargo tracking etc). You have no obligation to use any third party service. However, if you choose to do so, you will then be using the relevant product and/or service from the supplier and not from us. As such, the purchase and use of these products and services will require adhering to the terms and conditions set by the third party. You should read and make sure that you agree to the applicable terms and conditions before purchasing and using any third party product and service.
4. Rules & Policies
You understand and agree that only business entities can register as V&S Brothers users. Only auto industry related businesses (such as car dealers, body shops, auto repair services, etc) are allowed to register to purchase and ship vehicles with us.
The minimum number of vehicles to be purchased or shipped using our Services is 10/month.
If you buy less than 10 cars per month, you are required to pay a surcharge of $200/vehicle below the pre-requisite number of vehicles to be purchased per month.
V&S Brothers reserve the right to waive the surcharge at their discretion but this can only be done no more than 3 times per year, where the year commences on the date of your account registration.
You don’t have to register to still be bound by these Terms when making a single order purchase and/or delivery of heavy equipment.
You don’t have to register to use our Services to ship international cargo. Please note, we don’t provide shipping quotes for international cargo less than 1 m³ or 50 kg.
5. Your Account
In order to access certain features of our website and use our Services, you must register to create an account ("User Account") and accept this Agreement.
As a registered user of the Site, you are responsible for maintaining the confidentiality of your account and password, and to restrict access to your computer. You agree to accept responsibility for all activities that occur through your account, which includes taking reasonable steps to maintain the confidentiality of your username and password. You agree to promptly notify us when you become aware of any unauthorized use of your username, password or other account information, or of any other breach of security involving your account on any portion of the Site.
Each organization may only possess one User’s Account . We verify every user of our Services, therefore Users Accounts are not transferable.
V&S Brothers reserves the right, without notice and with its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.
6.1. General Vehicle Condition and History Disclaimer
All vehicles are "AS IS" and "WHERE IS"
Please be aware that vehicles purchased using our Services are purchased without any warranty, express or implied, including, but not limited to, any warranty of fitness for a particular purpose or warranty of merchantability.
You acknowledge that the vehicles purchased using our Services are not presented as being in road-worthy condition, drivable, and they may be missing essential parts or/and contain non-original parts.
You understand that vehicles purchased using our Services may have latent, hidden, or undisclosed damage or other conditions that are not immediately apparent or discoverable.
You affirm that vehicles purchased using our Services may not be fit for use as a means of transportation, may not comply with local, state, or federal emissions standards, and may require substantial repairs at your expense.
You agree that it is you are solely responsible to ascertain, confirm, research, inspect, and/or investigate any vehicle and all related Vehicle Information (as defined in Section 6.2 (Vehicle Information Disclaimer)) before placing any bid or purchasing any vehicle using our Services.
6.2. Vehicle Information Disclaimer
Vehicle Information is provided for convenience only. V&S Brothers does not guarantee that the Vehicle Information is accurate or complete.
"Vehicle Information" refers to any and all information relating to a vehicle that is listed by the Auto Auction, dealership or on our website, whether provided in written, oral, or digital form, including year, make, model, body type, color, drive type, engine type, number of cylinders, fuel type, condition, damage amount, damage type, primary damage, secondary damage, mileage, vehicle identification number ("VIN"), title or ownership document type, title or ownership document state, title or ownership document history, estimated retail value, actual cash value, repair estimate, estimated repair cost, repair history, total loss history, airbag deployment, number of keys, any Verification provided by Seller, and any and all other information (including images) for any vehicle.
We expressly disclaim all representations, warranties, or guarantees regarding the accuracy or completeness of any Vehicle Information. We strongly encourage you to organise the inspection of any vehicle prior to placing any bid or agreeing to purchase any vehicle.
We strongly advise you not to rely on any Vehicle Information in deciding whether or how much to pay for a vehicle as you will be solely responsible for the decision on each purchase.
6.3. Auction Verification Disclaimer
Any "Verification" listed by any Auto Auction, on dealership websites or in private seller classified ads refers to certain verifications provided by the vehicle’s Seller or third party inspectors, estimators, or adjusters. We do not review nor confirm any Verifications and expressly disclaim all representations, warranties, or guarantees regarding the accuracy or completeness of such Verifications (e.g. "Run & Drive", “Low mileage”, etc).
We strongly advise you not to rely on any Verification in deciding whether to buy or how much to pay for a vehicle when using our Services as you will be solely responsible for the decision on each purchase.
6.4. Information Only
Any information, guidance, or advice obtained through our Services, including our website and our phone, email, and chat support services, is for informational purposes only. Our customer support team is available to assist you and answer your questions, but they are not mechanics, adjusters, estimators or otherwise trained or certified professionals in any vehicle-related field.
We strongly advise you not to rely on any information, guidance, or advice obtained through V&S Brothers’s services when deciding whether to buy or how much to pay for a vehicle as you will be solely responsible for the decision on each purchase.
6.5. Vehicle Identification Number (VIN) Disclaimer
Vehicles sold by insurance auto auctions may have missing or severely damaged VIN plates. This may result in custom clearance delays and/or be prohibited to be imported to your country. We do not represent, warrant, or guarantee that any vehicles are equipped with any or all VIN plates. You accept full responsibility for purchasing vehicles without or with damaged VIN plates.
6.6. Keys Disclaimer
We do not represent, warrant, or guarantee that keys are or will be available for any vehicle that is purchased using our Services, regardless of whether the Seller listing indicates the vehicle comes with keys, keys are visible in the listing’s images, or if keys were present in the vehicle prior to the time of purchase.
6.7. Title and Registration Laws Disclaimer
We do not represent, warrant, or guarantee that the vehicle title or ownership documents will be available for vehicles purchased using our Services, regardless of whether the Seller listing indicates the vehicle comes with a title or the title is visible in the listing’s images.
If the title is missing, the processing times to obtain it will vary but may take anywhere between 1 and 8 weeks, and may result in additional fees (see Payment Rules & Policies and V&S Brothers Fees for more information.)
We do not represent, warrant, or guarantee that (a) any vehicle purchased using our Services can be exported from US or registered in any state or other jurisdiction in timely manner or (b) you will receive the specific title or ownership document that is listed on the Seller’s listing page. You are solely responsible for determining whether you will be able to import the vehicle or register it in your jurisdiction with the vehicle’s documents (Title, Bill of Sale, etc) prior to placing any bid or purchasing or shipping any vehicle using our Services. You accept all risks associated with delays in obtaining any missing title or ownership documents for such a vehicle.
While we do our best to inform you of all potential charges, destination charges and importation through the destination port are ultimately the responsibility of the party receiving the vehicle. Vehicles must be picked up at your destination port in a timely manner, usually within 48 hours of the vehicle entering the customs warehouse at the final destination. After 48 hours, storage fees will be imposed. These fees are solely your responsibility, regardless of what caused the delay in pick up, whether that be bad weather, late delivery of documents by mail (FedEx, DHL etc), busy customs season etc.
6.8. Paperwork Processing Disclaimer
We are not liable or responsible for defects, errors, or omissions (a) related to any paperwork not processed by us, (b) made by any governmental agency or entity, or (c) made by the title processing clerk. We mail titles and vehicle documents by courier companies (FedEx, DHL etc) and provide you with tracking numbers. You agree to not hold us liable or responsible for titles or ownership documents lost in the mail. Please note, duplicate title or ownership document requests may result in delays and additional V&S Brothers processing fees.
7. Limitation of Damages, Release of Liability, and Indemnification
Any release, disclaimer, indemnification, or limitation stated elsewhere in this Agreement, in addition to those listed in this Section, is part of the relationship between you and V&S Brothers and shall apply to all Claims (as defined in Section 8 (Dispute Resolution)), even if V&S Brothers has been advised of the possibility of any such liability or damage and even if these remedies fail in their intended purpose.
7.1. Limitation of Damages
You agree that, to the extent permitted by applicable law, V&S Brothers are not under any circumstance liable whatsoever to you or any third-party (whether jointly, severally, or individually) for any damages or losses of any kind (known or unknown, foreseen or unforeseen, direct or indirect) arising out of, or in any way related to, any disclaimer provided in this agreement (including Section 6 (Disclaimers)) or on the V&S Brothers website.
You agree that, to the extent permitted by applicable law, V&S Brothers shall not under any circumstance be liable whatsoever to you or any third-party (whether jointly, severally, or individually) for any (a) indirect, incidental, special, consequential, or punitive damages, (b) loss of use, data, opportunity, goodwill, reputation, profit, or revenue, or (c) costs or expenses (including attorney fees), for any Claim (as defined in Section 8 (Dispute Resolution)) not amounting to a willful or intentional wrong.
Regardless of the previous paragraph, you agree that, to the extent permitted by applicable law, if V&S Brothers is found liable in any Claim (as defined in Section 8 (Dispute Resolution)), V&S Brothers's total liability to you or to any third-party (whether jointly, severally, or individually) shall not exceed the amount of any fees (excluding any Fees collected by Auto Auctions, the purchase price of any vehicle, or any other fees charged by any third-party) paid by you to V&S Brothers related to the transaction for the vehicle that resulted in the liability. If no such fees were paid by you to V&S Brothers, V&S Brothers's total liability to you or any third-party (whether jointly, severally, or individually) for any Claim (as defined in Section 8 (Dispute Resolution)) shall not exceed $100 USD.
7.2. Liability to, and General Release of, V&S Brothers
You hereby agree that you will be liable to V&S Brothers for any breach of the Agreement, including, but not limited to, the items listed below, and that you unconditionally release V&S Brothers from any and all liability whatsoever for any losses or damages (whether direct or indirect, known or unknown, foreseen or unforeseen, and including attorney fees) arising from, or in any way related to, any of the following:
Your failure or refusal to strictly comply with our Rules & Policies.
Your failure or refusal to keep your User Account login information confidential.
Any bids, purchases, and or payments made via your User Account.
Our termination or suspension of your User Account.
Your cancelation of your User Account.
Our decision to use or not use all or any portion of your Security Deposit to pay any unpaid account balance.
Any rejection or cancelation of any bids or offers by a Seller.
Any postponement, cancelation, or withdrawal of a vehicle from a sale by a Seller.
The acceptance or rejection of any bid for any “On Approval”, “Reserved Price” or “Minimum Bid” auctions.
Your failure or refusal to know the type and amount of applicable fees and charges (including V&S Brothers Fees, Auction Fees, Storage Fees, Late Fees, Relist Fees, and other applicable fees and charges related to your use of our Services).
Your failure or refusal to pay any amount due within the time period specified (including any vehicle purchase price, V&S Brothers Fees, Auction Fees, Storage Fees, Late Fees, Relist Fees, and other applicable fees and charges related to your use of our Services).
Your failure or refusal to arrange proper and timely removal of any vehicle from Our, the Seller’s, the Shipping company’s or the Customs facility (or other location where the vehicle is awaiting pickup) within the time period specified.
Our refusal to release any vehicle or vehicle title or ownership documents or otherwise transfer possession or ownership of any vehicle to you due to any unpaid account balance or your violation of this Agreement.
Our refusal to release or transfer possession or ownership of any vehicle to anyone other than you.
Your failure or refusal to transfer ownership or register any vehicle in your name (as applicable).
Our refusal to issue you with a refund for any reason.
Our declaration that a vehicle is “abandoned” due to your failure or refusal to remove the vehicle from Our, the Seller’s, the Shipping company’s or the Customs facility (or other location where vehicle is awaiting pickup) within the time specified.
Our sale or other transfer of any abandoned vehicle.
Any damage to or loss of your vehicle (or any portion or parts thereof) due to operational procedures in place at Our, the Seller’s, the Shipping company’s or the Customs facility (or other location where the vehicle is awaiting pickup), acts of theft or vandalism, weather, acts of God, or any other reason that occurs after the end of an auction but before the vehicle is removed from the applicable Auto Auction (or other location where the vehicle is awaiting pickup).
Your failure or refusal to comply with this Agreement or any applicable law or regulation when removing your vehicle from Our, the Seller’s, the Shipping company’s or the Customs facility (or other location where the vehicle is awaiting pickup).
Your use of any service provided by any third party (including any services and/or service providers recommended by us).
Any bodily injury, property damage, or other occurrence which occurs on the Seller’s, Shipping companies, Customs, or V&S Brothers’s premises, whether caused in whole or in part by the negligence of V&S Brothers, the Seller, the Shipping company or Customs. It is specifically understood that this clause shall be interpreted as releasing V&S Brothers, the Seller, the Shipping company and Customs for their own sole and/or partial negligence.
Our denial or rejection of any request or demand by you that does not comply with this Agreement.
You acknowledge and agree that under this general release, you expressly waive any protection (whether statutory or otherwise) that would otherwise limit the scope of this general release to include only those claims that you may know or suspect to exist at the time you agree to this release.
Additionally, you hereby agree to pay all reasonable costs and expenses (including court fees, attorney fees, travel expenses, and other related costs and expenses) incurred by V&S Brothers in connection with its efforts to obtain a stay or dismissal of any Claim (as defined in Section 8 (Dispute Resolution)) pursuant to the general release under this section, its efforts to enforce this Agreement, and/or its efforts to collect amounts due from you.
7.3. General Indemnification of V&S Brothers
For the purposes of this Section 7.3, “Loss” means any and all claims, losses, liabilities, damages, fines, penalties, costs, and expenses incurred or expended by V&S Brothers or any affiliated company, by reason of the occurrence of a Third-Party Claim (as defined in Section 7.3.1 (Scope of Indemnification); due to your nonpayment for Services, including but not limited to all Storage Fees, Late Fees, Relist Fees, and all other related costs, fees, and charges; and or incurred in enforcing and or defending the provisions of this Agreement, including but not limited to expenses related to an investigation; any and all attorney, expert, and or collection fees, costs, disbursements, or other expenses, including reimbursement at the market rate for the use of in-house counsel; and interest, which may be imposed in connection therewith.
7.3.1 Scope of Indemnification.
To the maximum extent permitted by law, you hereby agree to indemnify V&S Brothers and its affiliates, sublicensees, users, directors, officers, employees, representatives, agents, and any person claiming by or through any of them, and their respective successors, heirs, and assigns against any and all Losses arising out of, resulting from, or related to any claim brought by a third-party related to your account with us and or to any transaction(s) with you, including, but not limited to, the items listed in Section 7.2 (Liability to, and General Release of, V&S Brothers) (collectively "Third-Party Claim"). Your indemnification obligations shall be subject to the following limitations:
- (1) Notice. If V&S Brothers seeks indemnification for a Third-Party Claim, we shall give you written notice promptly after we become aware of the facts giving rise to such a claim for indemnification (an “Indemnified Claim”), and in any event within 90 days, specifying in reasonable detail the factual basis of the Indemnified Claim and stating the amount of the damages (or if not known, a good faith estimate for the amount of the damages).
- (2) Control. In the event of receipt of notice of a Third-Party Claim, you shall have the right to control and defend such a Third-Party Claim, provided such control and defense fully protects the interests of V&S Brothers, in V&S Brothers’s sole subject determination. Should you decline to control and defend the Third-Party Claim or should V&S Brothers determine that your control and defense does not fully protect the interest of V&S Brothers, we shall have the right, at any time, to control and defend the Third- Party Claim in such manner as we may deem appropriate. The controlling party shall select counsel, contractors, experts, and consultants of recognized standing and competence reasonably acceptable to the other party, shall take reasonable steps necessary in the investigation, defense or settlement thereof, and shall diligently and promptly pursue the resolution thereof. All parties shall cooperate fully with the party conducting the defense of any Third-Party Claim.
- (3) Settlement. The party controlling the defense of any Third-Party Claim shall be authorized to consent to a settlement of, or the entry of any judgment arising from, any Third-Party Claims subject to the following provisions. If you are controlling the litigation, you may not enter into a settlement or consent to an entry of judgment with respect to any Third-Party Claim without V&S Brothers’s express written consent, not to be unreasonably withheld, conditioned, or delayed. If we are controlling the litigation, we may not enter into a settlement or consent to an entry of judgment with respect to any Third-Party Claim without your express written consent, not to be unreasonably withheld, conditioned, or delayed.
It shall not be considered unreasonable for V&S Brothers to withhold consent if you have not reimbursed V&S Brothers for their Losses or made arrangements to do so in a manner that is acceptable to V&S Brothers. It shall not be unreasonable for V&S Brothers to withhold consent if the proposed settlement or entry of judgment could negatively impact on V&S Brothers’s professional reputation. Regardless of who assumes control and defense of the global Third-Party Claim, V&S Brothers reserves the right to directly settle or otherwise resolve any claim against V&S Brothers.
8. Dispute Resolution
You and V&S Brothers agree that any claim, demand, controversy, dispute, or cause of action arising out of, or in any way related to, this Agreement, your User Account, your relationship with us, your use of or inability to use our Services (through our website or otherwise), or any vehicle you bid on or purchase using our Services (each, a "Claim") will be resolved in accordance with the provisions set forth in this section. Please read this section carefully. This section affects your legal rights and will have a substantial impact on how any Claim you and V&S Brothers may have against each other is resolved.
8.1. Limitation Periods
Except where prohibited by applicable law, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM MUST BE COMMENCED WITHIN ONE YEAR AFTER THE DATE ON WHICH SUCH A CLAIM ACCRUED OR BE FOREVER BARRED. You agree that this limitations period is reasonable due to the nature of the transactions expressed in this Agreement.
8.2. Applicable Law
You agree that the laws of the State of New Jersey shall govern this Agreement, your relationship with us, and any Claim, notwithstanding any conflict of law principles and without regard to your state or country of residence, domicile, or origin, or where you accessed our website or Services.
8.3. Notice of Dispute Form
We want to avoid legal action, and we hope you do too. Therefore, if either party plans to pursue a Claim against the other, you or we must first send to the other a completed Notice of Dispute form. The Notice of Dispute form is available here.
If you intend to pursue a Claim against us, you must send your completed Notice of Dispute form to us via certified mail at the following address:
V&S Brothers Inc.
Re: Notice of Dispute
395 Route 34
Matawan, NJ 07747
If we intend to pursue a Claim against you, we will send a completed Notice of Dispute form to you at the address associated with your User Account. It is your responsibility to keep your address updated via your My Account page. All information called for in the Notice must be provided, including a description of the nature and basis of the claims that the party is asserting.
9. Links to Other Websites
11. Continued Operation, Accessibility, and Maintenance of the Sites
V&S Brothers may modify, change, suspend, terminate or discontinue the operation of the Sites or the provision of any services without notice, and V&S Brothers reserves the right to refuse service to anyone at any time, with or without cause.
12. Third Party Providers of Functionality on the Sites; Access via Mobile Devices
If you access a Site using an Apple iOS, Android, or Microsoft Windows-powered device, you agree that your access to the Site using these devices shall also be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service, which we encourage you to review. These third parties, while not a direct party in this Agreement, are a third-party beneficiary of this Agreement, and take the position to enforce any violation by you of this Agreement.
Further, when you access the Sites through a mobile network, your network or roaming provider’s messaging, data, and other rates and fees will apply. Using certain V&S Brothers website features may be prohibited or restricted by your network provider and not all V&S Brothers and/or Site services may be compatible with your network provider or device.
13. Web Chat
V&S Brothers may provide functionality on a Site that allows you to chat with V&S Brothers representatives via our Site (“Web Chat”). The Web Chat functionality may be provided, in whole or in part, by a third-party service provider (please see the preceding section in this regard). Your Web Chat with V&S Brothers shall not in any respect whatsoever modify any warranties, disclaimers, limitations, or obligations of V&S Brothers. You agree that you are solely responsible for your use of Web Chat, and that you use Web Chat at your own risk.
14. Payment; Pricing and Taxes
You authorize V&S Brothers and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Sites. You represent and warrant that you are the only one who will make payments in connection with the Sites, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to V&S Brothers are non-refundable.
You understand and agree that all vehicles must be paid in full, which includes the balance of the vehicle cost, shipping charges, and all fees before the vehicle is released to you or your agent at the destination port.
Please note that a payment delay will result in storage charges at the port of destination and may affect your privilege to use V&S Brothers Credit for future purchases/shipping.
If we have not received a payment or a copy of the payment confirmation by the seventh day, we reserve the right to resell the purchased vehicle at a non-reserve auction. In this event, you will be charged a minimum of $300 or 10% of the final vehicle purchase price, whichever is greater, in addition to all auction fees associated with the sale of the vehicle.
Please also note, a Shipping quote is not the final price for shipping of your goods or cargo and can be raised at any time and at any point. E.g. if you receive a shipping quote for transport from point A to point B prior to pick-up, then on the day of pick-up or even while your vehicle is in transit, gas prices jump by 50%, we reserve the right to adjust the shipping quote, and you must agree to pay in full or we have the right to resell your vehicle.
V&S Brothers may, from time to time, also revise the pricing for products and services offered through the Sites.
15. General Provisions
Any failure by V&S Brothers to strictly or timely enforce any provision of or exercise any right under this Agreement is not a waiver of our ability or right to do so later or of our ability or right to enforce any other provision of or exercise any right under this Agreement. Any waiver must be in writing and signed by the waiving party.
16. Governing Law and Venue for Disputes.
You are responsible for compliance with all applicable laws.
Any and all questions, comments, ideas, suggestions, and other materials or information that you send or submit to V&S Brothers or a third-party provider on a Site, by post or otherwise (collectively, “Submissions''), shall become V&S Brothers’s property; and you hereby transfer, sell, and assign to V&S Brothers all of your right to, title to, and interest in any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. To the extent the preceding assignment and transfer is ineffective, you hereby grant V&S Brothers an exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sub licensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and publicly perform such Submission throughout the universe in any media, now known or hereafter devised. You agree that all Submissions, whether or not solicited by us, are not being made in confidence or trust, and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation, or consideration of any type. V&S Brothers shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
18. Claims of Copyright Infringement.
Notifications of claimed copyright infringement and counter notices must be sent to V&S Brothers’s designated agent:
V&S Brothers Inc.
395 Route 34
Matawan, NJ 07747
V&S Brothers will respond to properly submitted claims reported to the above Designated Copyright Agent, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. Your notice must include the required information set forth in the DMCA.
Specifically, your notice must include:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
20. No Third-Party Beneficiaries
You understand and agree that, except as otherwise expressly stated in this Agreement, this Agreement creates no third-party beneficiary rights.
21. No Joint Venture
You acknowledge and agree that no independent contractor, partnership, joint venture, employer-employee, principal-agent, or franchiser-franchisee relationship is intended or created by this Agreement or your use of our Services.
Except as otherwise expressly stated in this Agreement, if any provision (or portion thereof) of this Agreement is found by a court or arbitrator of competent jurisdiction to be unenforceable, illegal, null, void, or against public policy, such provision (or portion thereof) will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision and this Agreement. If a court or arbitrator finds the modified provision to be unenforceable, illegal, null, void, or against public policy, the enforceability of the remaining provisions of this Agreement and this Agreement in general will not be affected in any way.
Any provision of this Agreement which imposes an obligation after termination, cancelation, or expiration of your User Account or this Agreement will survive the termination, cancelation, or expiration of this Agreement.
This Agreement constitutes the entire agreement between you and V&S Brothers with respect to its subject matter and replaces and supersedes any other prior or contemporaneous agreements or terms and conditions applicable to the subject matter of this Agreement. There have been no representations, warranties, or promises outside of this Agreement.