TERMS & CONDITIONS
CarbonTwelve Ltd. - Terms & Conditions of Service
Introduction
These Terms and Conditions ("Terms") govern your use of the services provided by CarbonTwelve Ltd. ("the Company," "we," "us," or "our"). By engaging our services, you ("the Client") agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and CarbonTwelve Ltd.
1. Definitions
"Client": The individual or entity engaging CarbonTwelve Ltd. for services.
"Vehicle": The motor vehicle which is the subject of the Company's services.
"Purchase Price": The final agreed-upon price for the Vehicle between the Client and the Seller.
"Company's Fees": The fees payable to CarbonTwelve Ltd. for its services, as outlined in a separate Brokerage Agreement.
"Seller": The third-party seller, dealer, or auction house offering the Vehicle.
2. Scope of Services
CarbonTwelve Ltd. acts as an independent broker and agent for the Client. Our services may include, but are not limited to:
a. Sourcing and identifying potential Vehicles.
b. Providing advisory on market value, condition, and investment potential.
c. Facilitating negotiations and communication with the Seller.
d. Coordinating pre-purchase inspections and verification.
e. Managing logistics, including transport and shipping, upon Client's instruction.
f. CarbonTwelve Ltd. is not a party to the contract of sale between the Client and the Seller.
3. Client Responsibilities
The Client agrees to:
a. Provide accurate and timely information necessary for the performance of our services.
b. Make decisions in a timely manner to facilitate transactions.
c. Secure necessary funds for the Purchase Price and all associated costs.
d. Review and approve all inspection reports and documentation.
e. Instruct CarbonTwelve Ltd. on specific actions regarding a Vehicle.
4. Fees and Payment
The Company's Fees will be detailed in a separate Brokerage Agreement and are typically due upon the successful acquisition of a Vehicle by the Client. The Client is responsible for all third-party costs, including but not limited to: the Purchase Price, auction fees, inspection fees, transportation, insurance, customs duties, and taxes. These will be facilitated by CarbonTwelve Ltd. on the Client's behalf and require reimbursement or pre-funding.
5. Inspections & Liability
a. CarbonTwelve Ltd. will use its best efforts to engage qualified third-party inspectors. However, inspections are visual and cannot guarantee the absence of latent defects.
b. The Client acknowledges that the purchase of any collectible vehicle carries inherent risks. CarbonTwelve Ltd. provides advice and due diligence but does not guarantee the future value, authenticity beyond reasonable doubt (without specific certification), or mechanical condition of any Vehicle.
c. The Company's total liability, in any circumstance, shall be limited to the total amount of the Company's Fees received for the specific transaction in question.
6. Disclaimer and Limitation of Liability
CarbonTwelve Ltd. acts in an advisory capacity. The final decision to purchase a Vehicle rests solely with the Client. The Company shall not be held liable for:
a. Fluctuations in the market value of the Vehicle.
b. Mechanical failures or issues arising after the sale.
c. Acts, errors, or omissions by third parties (sellers, inspectors, shippers, etc.).
d. Misrepresentation by a Seller that was not reasonably detectable by the Company or its agents.
7. Intellectual Property
All reports, photographs, documentation, and recommendations prepared by CarbonTwelve Ltd. remain the intellectual property of the Company and are for the Client's sole use in the specific transaction.
8. Confidentiality
Both parties agree to maintain the confidentiality of all business dealings, including transaction details and fees.
9. Termination
Either party may terminate the engagement in writing if the other party is in material breach of these Terms. The Client remains responsible for all fees and costs incurred up to the date of termination.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. The parties attorn to the exclusive jurisdiction of the courts of the Province of Ontario.
11. Amendments
CarbonTwelve Ltd. reserves the right to update these Terms & Conditions at any time. The Terms in effect at the time of engaging our services will govern the transaction.
12. Contact Information
For any questions regarding these Terms, please contact us at:
info@thecarbontwelve.com
CarbonTwelve Ltd.