5612 Plunkett St, Hollywood, FL 33023 (732) 890-1241

Buyer Agreement and Buyer’s Guide

All sales through The Guaranteed Best Choice subject to Buyer’s Agreement, and all applicable laws and regulations. Please read these Buyer’s Agreement carefully. By making a purchase from The Guaranteed Best Choice, you fully and unconditionally accept and agree to be bound by this Buyer’s Agreement. If you do not agree to the Buyer’s Agreement, please don’t do purchases from us.


Buyer’s Agreement  

This Buyer’s Agreement belongs to the particular vehicle advertised on this page. By purchasing the vehicle from The Guaranteed Best Choice, Buyer agrees to be bound by Buyer’s Agreement, which are fully incorporated herein. Buyer’s purchase through “buy it now”, making an offer or bidding on a vehicle will constitute acceptance of the Buyer’s Agreement.


Purchasing the vehicle

Awarded Vehicle/Sale Cancellation/Release and Indemnification for Errors - Any award of a vehicle to the highest bidder is subject to approval by the Seller.  Seller reserves the right to, at any time, in its sole and absolute discretion and with or without notice, rescind, postpone or cancel a sale or withdraw an awarded vehicle at any time before Buyer receives the assigned title.  Without limiting the foregoing, The Seller also has the right to withdraw, void or cancel any bids or sales placed for vehicles listed at incorrect prices or that are affected by any Seller error or omission as determined by Seller in its sole and absolute discretion.  This includes but is not limited to, incorrect minimum bids set on vehicles and incorrect sale prices set for BUY NOW vehicles.  BUYER IRREVOCABLY AND UNCONDITIONALLY WAIVES AND RELEASES SELLER FROM ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, JUDGMENTS, COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO SELLER’S CANCELLATION OR POSTPONEMENT OF A SALE, WITHDRAWAL OF AN AWARDED VEHICLE, OR THE RESCISSION OF A SALE, WHETHER CAUSED BY SELLER OWN NEGLIGENCE OR OTHERWISE.  BUYER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS SELLER FROM ANY AND ALL DAMAGES, LOSSES, LIABILITIES, COSTS OR EXPENSES ARISING OUT OF OR RELATED TO CLAIMS OF BUYER REPRESENTATIVES RELATED TO SELLER CANCELLATION OR POSTPONEMENT OF A SALE, WITHDRAWAL OF AN AWARDED VEHICLE, OR THE RESCISSION OF A SALE.

Negotiations: Reserve Not Met - All vehicles offered at auction are “with reserve,” meaning the sale is subject to the Seller’s approval and may be subject to a minimum bid amount that must be met before a Seller will approve the sale of a vehicle to Buyer. In the event a reserve requirement is not met and, Seller reserves the right to present counteroffer(s) to Buyer in an attempt to negotiate a sale.

Negotiations: Bids - Buyer has the ability to enter a Bid at the time of the auction whereby Buyer sets a maximum bid amount that Buyer is willing to pay for the vehicle. Once the Reserve Is Met, the Highest Bid is accepted by the Seller, Buyer will be awarded the vehicle subject to the rules herein.

Buy Now Vehicles – Seller offers vehicles for its BUY IT NOW price; however, Buyer still has the ability to make an offer that allows to start negotiations with Seller on the purchase price. Seller reserves the right to present counteroffer(s) to Buyer in an attempt to negotiate a sale.


Payment and Pickup  

Fees – no “Dealer’s Fee” will be charged for each vehicle sold. However, for Florida resident other fees may apply such as “Registration Fee”, “Private tag agency fees”, etc. It is the sole responsibility of Buyer to verify fees charged by Seller prior to incurring such charges. All fees are subject to change and Buyer shall confirm the applicable fee before incurring such charges.

Deposit – Deposit for any vehicle awarded or sold is $200 and due within 24 hours.  The deposit needs to be paid through PayPal and is non-refundable. Vehicles with not paid deposit within the specified time frame is not considered anymore as Sold and will be immediately relisted for sale. 

Payment - Payment for any vehicle awarded or sold is due within seven days/ five business days (day of Sale plus four business days; i.e., if sale is on Monday, payment is due by close of business on Friday). Vehicles not paid for within the specified time frame is not considered anymore as Sold and will be relisted for sale. Payment for vehicles may be made by wire transfer, cash and cashier’s check. Credit union checks will only be accepted with prior written approval by Seller. Restitution for any checks returned to Seller for any reason must be received within two working days. Buyer shall be liable for, and agrees to reimburse Seller for, any and all collection costs, fees, and expenses (including attorneys’ fees) associated with or relating to any issues with Accounts charged-back, returned checks and other past due accounts, including but not limited to collection agency fees. 

Sales Tax – Florida-resident buyers must pay sales tax along with surtax to the Seller. The rate for surtax depends on the county where the buyer resides. Non-Florida- resident buyers who have the vehicle delivered to their home state shall pay Sales tax and other applicable local tax (surtax, etc.) at the local DMV. For non-Florida residents who come to Florida pick up the car, Florida law allows a partial exemption of sales and use tax to be collected on a motor vehicle purchased by a resident of another state. The amount of Florida sales tax to be collected is the amount of sales tax that would be imposed by the purchaser’s home state if the vehicle were purchased in that state. If the rate imposed in the purchaser’s home state is greater than 6%, the rate of Florida tax to be collected is 6%. The tax collected is Florida tax and must be paid to the Florida Department of Revenue.

Approximate Shipping Quotes across the USA - The Approximate Shipping Quotes info is intended to assist Buyers in estimating the shipping costs and is neither a quote nor offer of delivery. There can be no assurance that the estimate provided will be current or correct, and the Approximate Shipping Quotes info should not be relied upon as the final estimation or verification of shipping cost. The Seller makes no representations or warranties whatsoever, either express or implied, about accuracy of Approximate Shipping Quotes info and accepts no liability arising out of or related to Buyer’s use of or access to the Approximate Shipping Quotes info. 

Delivery – Buyer shall be liable for and agrees to arrange delivery of the Acquired Vehicle at Buyer's premises and shall take possession of same (either in person or through a third party on or before Delivery Date. Per Buyer request, Seller may/may not assist Buyer with finding a Carrier and facilitate delivery however, any and all issues related to delivery shall be settled solely between Buyer and Carrier. Buyer is responsible for delivery cost. BUYER AND BUYER REPRESENTATIVES SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS SELLER FROM ANY AND ALL LOSSES, CLAIMS, DEMANDS, LAWSUITS, DAMAGES, OBLIGATIONS, LIABILITIES, JUDGMENTS, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RESULTING FROM DAMAGE TO BUYER’S VEHICLE DURING DELIVERY INCLUDING LOADING THE VEHICLE BUT NOT LIMITED TO UNLOADING THE VEHICLE.

Vehicle Pickup - Vehicle must be picked up within nine business days from the date of sale. If not picked up within specified time frame, storage fees will be charged per day/per vehicle. Vehicle can be picked up only during working hours. Seller urges Buyer to pick up the vehicle immediately after the sale to ensure their protection. Vehicle remaining at Seller Facilities after the sale date will be at the sole risk of Buyer. Risk of loss on a purchased vehicle passes to Buyer once the vehicle has been awarded/sold to Buyer. BUYER AND BUYER REPRESENTATIVES SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS SELLER FROM ANY AND ALL LOSSES, CLAIMS, DEMANDS, LAWSUITS, DAMAGES, OBLIGATIONS, LIABILITIES, JUDGMENTS, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RESULTING FROM DAMAGE TO BUYER’S AWARDED VEHICLE.

Collections - Buyer agrees to pay all reasonable expenses (including attorneys’ fees) and costs, whether or not a lawsuit is filed, incurred by Seller to collect any amounts due to Seller which have not been paid after written demand from Seller to buyer.


Disclaimers, Representations, and Warranties

PRIOR TO MAKING A PURCHASE WITH SELLER, BUYER WARRANTS THAT BUYER HAS READ AND UNDERSTANDS THE FOLLOWING CONDITIONS OF SALE AND AGREES TO BE BOUND BY THEM:

1. The guaranteed best choice makes no warranty or representation for, and undertakes no duty to confirm the accuracy or completeness of, any information provided in oral, written or image form to buyer regarding any vehicle for sale.

It is the sole responsibility of buyer to ascertain, confirm, research, inspect, and/or investigate any vehicle for sale prior to placing a bid/buy it now/make an offer. Buyer expressly agrees not to base a bid/make purchase or otherwise rely on any information provided by the guaranteed best choice. This information includes, but is not limited to, the options, equipment.

2. The guaranteed best choice does not warrant or represent that vehicles sold can be legally registered in any state or country or exported to another country. Buyer accepts any and all risks associated with variations in state or country sale document and registration laws and the possibility that those may negatively impact the marketability of vehicles purchased at the guaranteed best choice. Buyer further acknowledges and agrees that a state or country may change a vehicle’s title or brand classification after it is purchased by buyer and that the guaranteed best choice assumes no responsibility for that change in classification or any consequences flowing therefrom. It is the buyer’s sole responsibility to ascertain, confirm, research, inspect and/or investigate any vehicle for sale prior to placing a bid to confirm sale document, state registration, or export requirements.

3. The images of the vehicle that the guaranteed best choice provides are not intended to exhaustively display the current condition of the vehicle. The guaranteed best choice makes no warranty or representation about the condition of the vehicle by providing these images. It is the sole responsibility of buyer to ascertain, confirm, research, inspect, and/or investigate any vehicle for sale prior to purchase.

4. Buyer further acknowledges and agrees that a state or country may change a vehicle’s title or brand classification after it is purchased by buyer and that the guaranteed brst choice assumes no responsibility for that change in classification or any consequences flowing therefrom. For example, buyer may purchase a vehicle in one state under an actual milage in sale document but may be required to register the same vehicle under a not actual milage in sale document in a different state. Another example is that customs may not approve the exportation of a vehicle. It is the buyer’s sole responsibility to ascertain, confirm, research, inspect and/or investigate any vehicle for sale prior to purchase to confirm sale document, state registration, or export requirements.

4. Pre-purchase inspection: ask the dealer if you may have this vehicle inspected by your mechanic either on or off the lot. 

5. Below is a list of some major defects that may occur in used motor vehicles. 

Frame & Body Frame racks, corrective welds, or rusted through Dog tracks--bent or twisted frame 

Engine Oil leakage, excluding normal seepage 

Cracked block or head Belts missing or inoperable 

Knocks or misses related to camshaft lifters and push rods 

Abnormal exhaust discharge 

Transmission & Drive Shaft Improper fluid level or leakage, excluding normal seepage 

Cracked or damaged case which is visible 

Abnormal noise or vibration caused by faulty transmission or drive shaft Improper shifting or functioning in any gear 

Manual clutch ships or chatters 

Differential Improper fluid level or leakage excluding normal seepage 

Cracked of damaged housing which is visible 

Abnormal noise or vibration caused by faulty differential 

Cooling System Leakage including radiator improperly functioning water pump 

Electrical System Battery leakage improperly functioning alternator, generator, battery or starter 

Fuel System Visible Leakage Inoperable 

Accessories Gauges or warning devices 

Air conditioner Heater & Defroster

6. OBTAIN A VEHICLE HISTORY REPORT AND CHECK FOR OPEN SAFETY RECALLS. For information on how to obtain a vehicle history report, visit ftc.gov/used cars. To check for open safety recalls, visit safercar.gov. You will need the vehicle identification number (VIN) shown above to make the best use of the resources on these sites. 


Warranties for this vehicle 

The vehicle sold with “As is” – No DEALER WARRANTY, that means that THE DEALER DOES NOT PROVIDE A WARRANTY FOR ANY REPAIRS AFTER SALE. 

Non-dealer warranties for this vehicle 

SERVICE CONTRACT. A service contract on this vehicle is available.


The vehicle protection plan “National Platinum Drivetrain” for 3months/3,000 miles is included in the price for the vehicle.


 All other vehicle protection plans on this vehicle are available for an extra charge. Ask for details about coverage, deductible, price, and exclusions. 

There is NO RETURN for any and all vehicles purchased from the Guaranteed Best Choice.

             What is the service agreement under “National Platinum Drivetrain” Plan - arrange for reimbursement to the Repair Facility or Agreement Holder up to the limits of liability for the reasonable cost to repair or replace any parts specified in §PARTS due to mechanical Breakdown. Failed parts may be replaced with new, like kind or good quality remanufactured, rebuilt, used, or after-market parts.


The Service Agreement becomes valid upon receipt and will remain valid for 3 months/3000 miles whichever comes first.


At the option of the Administrator, failed parts may be replaced with new, like kind or good quality remanufactured, rebuilt, used, or after-market parts.

The Administrator reserves the right to select the methods of repair and/or repair facilities. 


 “National Platinum Drivetrain” Plan - Only the following parts are covered under this Limited Warranty. Parts not listed are not covered. 

§PARTS

ENGINE Engine parts consisting of: Crankshaft and bearings, oil pump, oil pump pickup/screen and tube, pistons, piston rings, wrist pins, connecting rods and rod bearings, timing gears and chain or belt, timing tensioners/guides, balance shafts, camshaft and camshaft bearings, push rods,  rocker  arms,  rocker  arm  shaft  and  hydraulic  lifters,  intake  and  exhaust  valves,  valve  springs.  Engine blocks are also covered if mechanical failure was caused by the above-listed parts.


AUTOMATIC TRANSMISSION Transmission parts consisting of: Gears, input and output shafts, bearings, front pump, planetary assemblies, transmission case, overdrive carrier, reaction carrier, center support, parking lock actuator, stator and stator shaft, separator plate, pressure regulator valve, dipstick and filler tube, sprags, governor assembly, valve body and torque converter.


STANDARD TRANSMISSION Transmission parts consisting of: Gears, input and output shafts, bearings, overdrive housing and transmission case if malfunction was caused by the listed parts.


DRIVE AXLE ASSEMBLY (FRONT OR REAR WHEEL DRIVE) Consisting of: Drive shaft, ring and pinion gears, pinion bearings, side carrier bearings, carrier assembly, thrust washers, axle, axle bearings, and limited slip clutch pack assembly. Universal and CV joints, except if boot was damaged or missing. Drive axle housing is also covered if damage is caused by failure of listed lubricated parts.


DRIVE AXLE ASSEMBLY (4-WHEEL AND ALL-WHEEL DRIVE) Transfer case including gears, main shaft, drive chain, thrust washer/shims and bearings. Front drive shaft, differential, axles, u-joints and CV joints, except if boot was damaged or missing. With Applicable Surcharge.


SEALS AND GASKETS Cylinder head gaskets; all other seals and gaskets are covered in conjunction with repair of above-listed components.


AIR CONDITIONING (Factory Installed Only) Compressor, clutch and coil assembly, evaporator, accumulator, condenser and evacuation/recharge in conjunction with the replacement of listed components.


COOLING Radiator, fan clutch, water pump and cooling fan motor.


ELECTRICAL Fuel Pump, engine operation computer, voltage regulator, alternator, ignition module, ignition coil, distributor, starter and starter solenoid.


24-HOUR ROADSIDE ASSISTANCE Towing, flat tire changing, fuel delivery, lock-out service and "jump" starting.


RENTAL CAR In the event of mechanical breakdown of a covered component, the Agreement Holder will be reimbursed up to $40 per day for a rental vehicle for each four hours of covered repair time as determined by a national flat rate guide. Total not to exceed $200. Rental receipts required for reimbursement.


§LIMITS OF LIABILITY 


IN NO CASE SHALL BENEFITS PAID BE GREATER THAN

(1) NADA AVERAGE TRADE IN VALUE:

(II)THE PRICE PAID FOR THE VEHICLE: 

(III) THE TOTAL OF ALL REPAIRS PAID OR PAYABLE EXCEED $5,000, WHICHEVER IS LESS AT TIME OF REPAIR(S).


THE SERVICE CONTRACT UNDER THE “National Platinum Drivetrain Plan” NOT COVER (EXCLUSIONS):

1. VEHICLES OVER 1 TON DO NOT QUALIFY FOR COVERAGE.

2.   ANY LOSS CAUSED BY COLLISION, VANDALISM, NEGLECT, ABUSE, FIRE, THEFT, FLOOD, CONTAMINATION, FLUID INTERMIX, SLUDGE, CORROSION, MISUSE, ACTS OF GOD, INCORRECT INSTALLATION, IMPROPER REPAIRS, TECHNICIAN NEGLIGENCE OR THE FAILURE TO PROTECT FROM FURTHER DAMAGE.

3. ANY LOSS CAUSED BY OVERHEATING, FREEZING OR THE LACK OF ANY NECESSARY OR PROPER AMOUNTS OF LUBRICANTS OR COOLANTS.

4. ANY VEHICLE WHICH THE   ODOMETER HAS   BEEN BROKEN, DISCONNECTED, ALTERED OR CORRECT MILEAGE CANNOT BE READILY DETERMINED.

5. ANY REPAIRS TO YOUR VEHICLE IF USED FOR   RACING, OFF-ROAD USE, RENTAL, HIRE TO THE   PUBLIC, DELIVERY, COMMERCIAL OR EMERGENCY PURPOSES.

6. ANY PARTS NOT LISTED IN §PARTS.  OR PRE-EXISTING DAMAGE TO ANY PARTS LISTED IN §PARTS.  NON-COVERED PARTS CAUSING DAMAGE TO COVERED PARTS OR ANY LOSS OCCURRING PRIOR TO EXPIRATION OF MANUFACTURER’S WARRANTY, RECALL, OR REPAIR GUARANTEE.

7. LOSS OF TIME, USE OF VEHICLE, CONSEQUENTIAL DAMAGES, OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE FAILURE OR REPLACEMENT OF ANY PARTS LISTED IN §PARTS – SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION/EXCLUSION MAY NOT APPLY TO YOU.

8. REPAIRS AS A RESULT OF ALTERATIONS NOT RECOMMENDED BY THE MANUFACTURER OR THE FAILURE TO PERFORM RECOMMENDED MAINTENANCE BY THE MANUFACTURER.

9. ANY REPAIR OR REPLACEMENT OF ANY COVERED PART IF A BREAKDOWN HAS NOT OCCURRED. EXAMPLES OF NON-COVERED REPAIRS ARE: REPAIR OF VALVES AND/OR RINGS TO CORRECT LOW COMPRESSION OR EXCESSIVE OIL CONSUMPTION. (THIS EXCLUSION DOES NOT APPLY IF TOTAL CARE COVERAGE OPTION IS SELECTED AND PAID FOR).

10. SEALS AND GASKETS EXCEPT AS REQUIRED IN CONNECTION WITH THE REPLACEMENT OF PARTS LISTED IN PARTS.   (THIS EXCLUSION DOES NOT APPLY IF TOTAL CARE COVERAGE OPTION IS SELECTED AND PAID FOR). FLUID SEEPAGE IS NOT A COVERED REPAIR ON ALL PLANS.

11. DIAGNOSTIC TIME, DOWN TIME, TAXES, FLUIDS, ALIGNMENTS, FREON AND SIMILAR A/C COOLANTS, SAFETY RESTRAINT SYSTEMS AND SHOP SUPPLIES ARE NOT COVERED ITEMS.

12. THIS SERVICE CONTRACT DOES NOT PROVIDE COVERAGE FOR PREVENTATIVE MAINTENANCE.


Vehicle owner MUST perform all maintenance as required by the manufacturer for coverage to apply.  Proof of compliance containing the date of service, name of facility, mileage and vehicle identification number must be supplied upon request.  


Resolution of Disputes

Precondition to Claims - Buyer shall not institute legal proceedings against Seller without first completing the dispute resolution process set forth below. Buyer agrees that failure to complete this dispute resolution process is grounds for dismissal without prejudice of any legal proceedings. Dispute Resolution Process - The following dispute resolution process shall apply to any Dispute related to or arising out of Buyer’s relationship with Seller. Buyer shall first notify Seller of the Dispute in writing at least thirty (30) days in advance of initiating court action of appropriate jurisdiction and attempt to informally negotiate a resolution to the Dispute in good faith. Notice to us should be sent via certified mail to: [email protected] The notice of Dispute must: (a) include your name, address, phone number, and e-mail address; (b) describe the nature and basis of the dispute; (c) enclose and/or identify all relevant documents and/or information; and (d) set forth the specific relief sought. If The Guaranteed Best Choice and you do not reach an agreement to resolve the Dispute within thirty (30) days after the notice is received, you may commence with claiming to the court of appropriate jurisdiction (if applicable).

Choice of Law - The laws of the State of Florida shall apply to any Dispute arising out of or related to the Buyer Agreement, notwithstanding any state’s choice of law rules to the contrary.

Jurisdiction. You shall pursue your Dispute in the court of appropriate jurisdiction in BROWARD COUNTY OF FLORIDA where The Guaranteed Best Choice is located, and where your claim does not include a request for any type of equitable relief, and so long as the matter advances on an individual (non-class) basis.

Limitation of Liability  

UNDER NO CIRCUMSTANCES WHATSOEVER SHALL THE GUARANTEED BEST CHOICE BE LIABLE TO BUYER FOR ANY SPECIAL, EXEMPLARY, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING CLAIMS FOR LOST PROFITS OR LOST BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BUYER’S SOLE REMEDY FOR CLAIMS SHALL BE FOR RESCISSION OF THE SALE OF THE AFFECTED VEHICLE. IN NO EVENT WILL THE GUARANTEED BEST CHOICE LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RELATED TO, THE BUYER AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, OR ANY VEHICLE OR THE USE OR PERFORMANCE THEREOF, EXCEED THE AMOUNT PAID BY BUYER FOR THE RELATED VEHICLE HEREUNDER. BUYER SHALL NOT BE ENTITLED TO ANY ADDITIONAL DAMAGES INCLUDING BUT NOT LIMITED TO REPAIR COSTS, TRANSPORTATION COSTS, INSPECTION COSTS, OR LOST PROFITS.

No Assignment/No Third Party Beneficiaries  

Buyer shall not assign its rights or privileges under this Agreement to any third party. There are no third-party beneficiaries to Buyer’s account or the Buyer Agreement.

Termination  

The Guaranteed Best Choice may terminate the Buyer Agreement for any reason or no reason at all with or without notice at any time. Termination shall not affect the rights and obligations of the parties that accrued prior to the effective date of termination, or affect existing sales for vehicles, and the Buyer Agreement shall continue in effect with respect to such rights and obligations, including any claims relating thereto. Any provisions contained in the Buyer Agreement which by their nature or effect are required or intended to be observed after termination will survive the termination and remain binding, including but not limited to those terms relating to dispute resolution, disclaimers, releases, indemnity and limitations of liability.