As a user of SGS North America Inc. ("SGS") vehicle inspection services on
eBay, you agree to be bound and abide by the Terms & Conditions as set
SGS acts for the person who has ordered the inspection ("the Client"). No other
person is entitled to give instructions, particularly on the scope of
inspection or delivery of the Vehicle Inspection Report, unless authorized by
the Client, provided that the owner of the vehicle may refuse to allow any part
of the inspection and/or road test, in which event the Vehicle Inspection
Report will so state.
SGS will perform the physical inspection as described in "What
does SGS Inspect."
Documents reflecting communications between the Client and third parties, or
third parties' documents, including without limitation, the seller's
description of the vehicle, vehicle registration, owner manuals, maintenance
records, damage reports and repair records are for information only. SGS shall
have no obligation to review, verify or comment on any of them or to include
them in its Vehicle Inspection Report.
SGS Vehicle Inspection Reports reflect subjective statements of opinion by the
inspector made within the limited of the scope of and conditions existing at
the time of the inspection. SGS is under no obligation to report any facts or
observations that are outside the scope of the inspection or that may not have
existed at the time of the inspection.
SGS conducts an entirely visual inspection and makes no warranties that any of
the systems or parts of the vehicle will continue to operate acceptably. SGS
does not perform computer, electrical or mechanical diagnostics. SGS does not
warrant the condition of the vehicle either at the time of the inspection or
the sale of the vehicle. The inspection conducted by SGS is for informational
purposes only and provides a limited visual inspection of the physical
condition of the vehicle. The SGS inspection should not constitute the sole
basis for purchasing the vehicle and the buyer of the vehicle is strongly
encouraged to conduct a thorough mechanical inspection of the vehicle by a
qualified mechanic prior to purchasing it.
SGS does not perform any mechanical inspection.
SGS does not inspect salvage titled vehicles (rebuilt or reconditioned).
SGS does not inspect Kit cars.
SGS does not inspect vehicles older than 1981.
The Client shall:
submit the inspection order so as to allow the inspection to be completed and
posted on the SGS Web site within the time required to meet the needs of the
Client, it being understood by the Client that SGS will attempt to post the
inspection report within 24 hours of the completion of the inspection but does
not warrant that that the Vehicle Inspection Report will be posted by any
fully exercise all rights and discharge all obligations under any vehicle
purchase contract, whether or not a Vehicle Inspection Report has been issued
If the Client is a buyer, the Client/Buyer shall:
contact the Seller to obtain permission from the seller for SGS to schedule the
obtain all desired vehicle warranties from the seller, it being expressly
understood that SGS does not warrant the condition of the vehicle at the time
Conduct a thorough mechanical inspection of the vehicle by a qualified
If the Client is a seller, the Client/Seller shall:
keep the scheduled inspection appointment or reschedule the inspection before
the inspector arrives, and remedy any interruptions or delays in the completion
of the inspection;
be present or have an authorized adult representative present during the
tell the inspector about any known problems or defects with the vehicle prior
show the inspector the current vehicle registration and current insurance card
before the road test (unregistered or uninsured vehicles cannot be test
authorize the road test (only the seller or an adult representative of the
seller will be allowed to accompany the inspector on a road test); and,
cooperate with all reasonable requests of the inspector.
SGS may delegate the performance of any part of the vehicle inspection services
to any agent or subcontractor.
The liability of SGS arising out of any claim for loss, damage or expense of
whatsoever nature in connection with its services hereunder, including without
limitation, the inspection of a vehicle or the creation or posting of a Vehicle
Inspection Report, shall in no circumstances exceed the fee paid by the Client
for said services. SGS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL OR
CONSEQUENTIAL LOSS (INCLUDING LOSS OF THE SALE OR PURCHASE OF THE VEHICLE). SGS
DISCLAIMS ANY AND ALL LIABILITY AND CLIENT ACCEPTS THE VEHICLE INSPECTION
REPORT ON AN "AS IS" BASIS WITH NO WARRANTIES AS TO THE CONDITION OF THE
SGS shall be discharged from all liability for any and all claims for loss,
damage or expense unless the claim is brought in accordance with paragraph 21
hereof within ninety (90) days after the date the inspection is ordered by the
The SGS Vehicle Inspection Report summarizes the condition of a vehicle as
observed by the inspector at the time of inspection. Ordinary wear and tear and
other external factors can change a vehicle's condition and SGS makes no
representation about the condition of any vehicle on the date of purchase, but
rather only as of the time of inspection. The SGS inspection does not use
computer or other mechanical or electronic diagnostic equipment nor does it
entail the disassembly of any part of the vehicle and is not a substitute for
an examination by a qualified mechanic at a properly equipped repair facility.
SGS relies on the state registration found with the vehicle to identify the
owner and verify the VIN, but does not verify the ownership, title,
registration, liens against the vehicle nor does SGS make any representation or
warranty about the title of the vehicle. All inspections are subject to these
Terms and Conditions.
The Client acknowledges that SGS does not assume or undertake to discharge any
duty of the seller to a buyer or to any third party beneficiary.
SGS is neither an insurer nor a guarantor and disclaims all liability in such
capacity. Clients seeking a guarantee against loss or damage should obtain
appropriate insurance. In the event of any suspension of payment, arrangement
with creditors, bankruptcy, insolvency, or receivership by the Client, SGS
shall be entitled to suspend or, at its option, terminate all further services
forthwith and without liability.
If SGS is prevented from performing the inspection by reason of weather or
other cause outside SGS's and the Client's control, the inspection fee shall be
refunded to the Client.
SGS reserves the right to decline any inspection order in its sole discretion.
The prepaid fee for any inspection so declined shall be refunded in full.
At any time, SGS may terminate your access to the site in whole or in part, or
cancel or refuse to honor any inspection request, without notice, for any
fraudulent or abusive conduct that we believe may violate any applicable law,
or is harmful to the interests of another.
SGS is a registered service mark of SGS Société Générale de Surveillance S.A.,
Geneva, Switzerland. All rights reserved. The site and its content, including
editorial, graphics, banners, placement and design, is copyright (c) 2010 by
SGS North America Inc. All rights reserved. The use of material on this site,
including, without limitation, logos, text, graphics and other copyrightable
materials are limited to accessing for information, ordering an inspection, and
making one copy for personal and non-commercial viewing only. Notwithstanding
anything to the contrary contained herein, to the extent that SGS believes that
you have violated SGS's intellectual property rights, SGS may seek injunctive
or other appropriate relief in any federal or state court located in New Jersey
without having to submit the matter to mediation/arbitration as stated in
paragraph 21 hereof, and you consent to the exclusive jurisdiction and venue in
THE SGS SITE, INCLUDING ALL CONTENT, AND ANY SERVICES PROVIDED ON OR THROUGH
THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND YOU USE THE
SITE AT YOUR OWN RISK. NEITHER SGS NORTH AMERICA INC., NOR ITS AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, THIRD PARTY CONTENT
PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE MAKE ANY REPRESENTATIONS
OR WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY
PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENTS, THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF
ANY INFORMATION, SERVICE OR MERCHANDISE, OR GUARANTEE ANY CONTENT OR SERVICE,
INCLUDING THE ACCURACY OR CORRECTNESS, OFFERED BY A THIRD-PARTY THOUGH THE
SITE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN
ANY USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND THAT
NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY PARTY SHALL CREATE ANY
WARRANTY; AND YOU AGREE NOT TO RELY ON SUCH INFORMATION OR ADVICE. IN STATES
THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO
HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
UNDER NO CIRCUMSTANCES SHALL SGS NORTH AMERICA INC. OR ANY OTHER PARTY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, ITS CONTENT, OR SERVICES
AVAILABLE THROUGH IT, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE
SAME, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION
OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF
FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION,
OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. IN STATES THAT DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL
EVENTS, ANY LIABILITY OF SGS NORTH AMERICA INC. AND ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO
REFUND OF MONIES PAID TO SGS FOR ITS SERVICES.
PRIVACY. The SGS Site is governed by the terms and conditions set out in our
SGS reserves the right to revise the Terms & Conditions at any time upon
notice to end users, which notice shall be deemed given upon posting of
The laws of the State of New Jersey (without applying conflict-of-law
principles) will govern these Terms & Conditions and any dispute that might
arise between you and SGS or its contractors or affiliates regarding your use
of this site or the vehicle inspection services of SGS. Any dispute shall be
submitted to confidential mediation, and if mediation is unsuccessful to
arbitration, under the Supplementary Procedures for Consumer-Related Disputes
of the American Arbitration Association. The rules are available on-line at
www.adr.org. Click on Rules, and then click on Supplementary Procedures for
Consumer-Related Disputes. If mediation is unsuccessful, the arbitrator's award
shall include findings of fact and conclusions of law and shall be binding and
may be entered as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, you are prohibited from bringing
any court action of any kind until after the arbitration award is issued, and
no arbitration under these Terms & Conditions shall be joined to an
arbitration involving any other party subject to these Terms & Conditions,
whether through class arbitration proceedings or otherwise.
© 2010 SGS Automotive Services Inc
Last updated July 28, 2010