BUYBACK GUARANTEE TERMS & CONDITIONS
All vehicles represented for Sale through AMP Remarketing LLC with a 14 Day Buyback Guarantee are subject to these terms and conditions (these “Terms and Conditions”), (ii) in order to utilize the 14 Day Buyback Guarantee, Buyer/Dealer must agree to these Terms and Conditions, and (iii)Buyer/Dealer has full authority to bind to these Terms and Conditions for any dealership, business or other entity for whom Buyer/Dealer may be acting as a representative or agent. For purposes of these Terms and Conditions, “Affiliate” means, with respect to either party, any entity that controls, is controlled by, or is under common control with, such party.
AMP Remarketing 14 Day Buy Back Guarantee
These Terms and Conditions govern Dealer’s purchase and use of the 14 Day Buyback Guarantee.
- 14 Day Buyback Guarantee begins on Sale day and must be returned by 11:59 pm on 14th day to be eligible for Guarantee Buyback
- The Eligible Vehicle and transferable title must be returned to Manheim Auto Auction PA. within forty-eight (48) hours of filing the claim, unless otherwise agreed by AMP Remarketing LLC.
- The Eligible Vehicle is in the same or better condition as the condition at the time of purchase by Customer (subject to additional mileage of up to 200 miles from the Odometer Statement
at time of purchase if transported or 300 miles if driven from auction after purchase)
- The Buyback Guarantee will cover the purchase price of the vehicle, provided that such amount shall not exceed one hundred four percent (104%) of the wholesale value of the vehicle as reflected by the MMR at time of sale
(adjusted for mileage and condition and any damages identified in a condition report, post-sale inspection, announcements, disclosures or through any similar means, as reasonably estimated by AMP Remarketing LLC in its discretion)
- The Guarantee covers the Cost of Vehicle and Buy Fee less any discounts or Rebates received by the Buyer from the auction prior to the return of the vehicle
- The Eligible Vehicle has not been sold or transferred to a third party at any time after the purchase date; (v) the Eligible Vehicles has not been exported outside of the United States after purchase;
- the Eligible Vehicle must not qualify for valid arbitration under the National Auto Auction Association (NAAA) Arbitration Policies or MAA dealer Terms and Conditions located at www.manheim.com at time of claim request.
- Vehicles that are eligible for arbitration will be handled through the standard MAA arbitration process
- Buying dealer, his agent or transporter is responsible to immediately notify MAA of any lot damages when removing vehicle from auction. It is also imperative that Buying dealer, his agent or transporter report and document to selling dealer and AMP Remarketing any damage to vehicles prior to removal if picking up from dealers lot in order to be eligible to arbitrate for lot damage and not be responsible for damage in the event of returning the vehicle.
Unless otherwise agreed to by AMP Remarketing LLC. the Guarantee is not available and may not be used for ;
- Vehicles designated “true miles (kilometers) unknown” or “not actual miles (kilometers)” or for which the true odometer reading is unknown ;
- Vehicles having an odometer reading of more than 80,000 miles (200,000 kilometers);
- Vehicles having a purchase price in excess of $75,000 U.S. Dollars
- Vehicles that are more than ten (10) model years old;
- Trailers, motorcycles, watercraft, recreational vehicles (RVs) or heavy trucks and equipment;
- Class 4 vehicles and higher (weight greater than 14,000 pounds) as determined by the Gross Vehicle Weight Rating (GVWR) established by the US Department of Transportation;
- Vehicles that have been up-fitted for specialty purposes by non-OEM providers, including, for example: bucket trucks, tow trucks, stake-bed trucks, dump trucks, refrigerated trucks, shuttle vans, school vans, etc.;
- Salvage, salvage-rebuild, total loss claim, flood or previously stolen vehicles or vehicles acquired through a Total Resource Auction sale, previous repossessed vehicles,
- Vehicles sold under a Manufacturer’s Statement of Origin (MSO), Manufacturer’s Certificate of Origin (MCO) or otherwise sold without a negotiable US title (provided that Canadian titles are acceptable for Canadian transactions);
- Vehicles subject to or previously subject to a manufacturer buyback, including vehicles subject to any “lemon law”;
- Kit vehicles, homemade vehicles and other modified vehicles; and
- Hand-built or exotic vehicles (including, for example, Audi R8, Aston Martin, Bentley, Bugatti, Dodge Viper, Ferrari, LaForza, Lamborghini, Lotus, Maserati, Maybach, McLaren, Panoz, H1 Hummer and Rolls Royce).
- Vehicles sold off the block and outside of a competitive bidding environment
- Previously Arbitrated vehicles
- Vehicle must not qualify for valid arbitration under the National Auto Auction Association (NAAA) Arbitration Policies or MAA dealer Terms and Conditions located at www.Manheim.com at time of claim request. Vehicles that are eligible for arbitration will be handled through the standard MAA auction arbitration process
AMP Remarketing LLC. reserves the right to impose additional vehicle or transaction eligibility requirements from time to time, in its sole discretion, and to reject any claims that violate these Terms and Conditions, including the Dealer’s Warranties and Obligations at Section 2 below.
Please read all other Terms
- For each qualified vehicle purchased by Dealer and confirmed by AMP Remarketing LLC as set forth above, AMP Remarketing LLC. will agree to buy back the applicable Dealer Vehicle or refund to Dealer the purchase price for such Dealer Vehicle, in each case in accordance with these Terms and Conditions. Notwithstanding anything to the contrary in these Terms and Conditions, AMP Remarketing LLC. reserves the right to refuse to offer or make available any refund to Dealer or any other person, including without limitation any Dealer or other person not in good standing with or owing outstanding payables on any vehicles purchased through AMP Remarketing LLC.
- For purposes of these Terms and Conditions, “Dealer Vehicle” means any eligible vehicle purchased directly by Dealer for retail purposes, through an AMP Remarketing LLC. Event Sale that offers the 14 Day Buyback Guarantee at Manheim PA. wholesale auction or an AMP Remarketing LLC. OVE Event Sale offering a 14 Day buyback Guarantee.
- Dealer/Buyer, may purchase a vehicle that Dealer/Seller is attempting to sell through an Authorized Sales Channel, and upon the sale of such Dealer Vehicle, the buyer shall be entitled to the benefits of the 14 Day buyback Guarantee beginning on Sale day with respect to such Dealer Vehicle purchase, provided that (i) such buyer and its use of the Product shall be subject to these Terms and Conditions, including any rights, conditions, or defenses AMP Remarketing LLC may have vis-a-vis Dealer, and (ii) AMP Remarketing LLC reserves the right to refuse to allow such buyer to use the 14 Day Buyback Guarantee if such buyer has been prohibited by other Guarantee products such as DealShield or Assurance from using their guarantee product, or if AMP Remarketing LLC. otherwise determines, in its sole discretion, that Dealer or buyer has violated these Terms and Conditions or any other agreement with AMP Remarketing LLC or Manheim Auto Auctions, or that there has been fraud or collusion on the part of Dealer and/or such buyer. Additionally, Dealer acknowledges that AMP Remarketing LLC is a private business and has the right to decline to do business with Dealer, buyer, or any other person at any time, or to refuse to offer or make available any offer to Dealer or any other person (including any buyer of a Dealer Vehicle) at any time, in its sole discretion.
- Dealer shall initiate any request to return a Dealer Vehicle through the following email address: firstname.lastname@example.org or contacting us at 844-243-8267. Upon completion of the repurchase request, Dealer shall return the Dealer Vehicle to the auction facility where purchased within forty eight (48) hours. Any Dealer Vehicle returned to AMP Remarketing LLC. must be in the same condition as the condition of such Dealer Vehicle at the time of purchase by Dealer (subject to additional mileage on the Dealer Vehicle as permitted by the terms of this guarantee). Upon proof of payment of all applicable Fees associated with the Dealer Vehicle purchase to MAA, AMP Remarketing LLC. will proceed with the repurchase of such Dealer Vehicle, or will otherwise arrange for the purchase price for such Dealer Vehicle to be refunded to Dealer. The purchase price or refund amount remitted to Dealer shall be the amount set forth in the applicable Invoice less any rebates issued at the time of purchase for the Dealer Vehicle (subject to any other set-off or other similar right that AMP Remarketing LLC. may have under these Terms and Conditions), and shall be paid within five (5) business days of satisfaction of the conditions set forth herein.
- With respect to Dealer Vehicles purchased at an AMP Remarketing Event Sale , the then-current arbitration policies (unless modified under this agreement) of Manheim shall apply (the “Manheim Arbitration Policy”). To the extent a Dealer Vehicle is eligible for arbitration under the Manheim Arbitration Policy, Dealer agrees that the terms and conditions set forth in the Manheim Arbitration Policy, as the case may be, shall control and remain applicable notwithstanding anything to the contrary set forth herein. In addition, the parties acknowledge and agree that these Terms and Conditions shall supersede any other wholesale purchase assurance or buy-back policies offered by AMP Remarketing LLC. with respect to Dealer Vehicles purchased through an AMP Remarketing Event Sale facilitated by Manheim Auto Auction.
- If AMP Remarketing LLC reasonably determines that there is a discrepancy in the condition of the Dealer Vehicle (including any missing or replaced parts or accessories), AMP Remarketing LLC., in its discretion, may refuse to repurchase or accept the return of the Dealer Vehicle. Notwithstanding the foregoing, the acceptance by AMP Remarketing LLC. of any Dealer Vehicle returned to AMP Remarketing LLC. for repurchase or for a refund of the applicable purchase price shall in no event be construed as an acceptance of any Dealer Vehicle with any damage or other defect, or as a waiver by AMP Remarketing LLC. of any rights or remedies that it may have with respect to any damage or other condition issue affecting such Dealer Vehicle. In the event that any Dealer Vehicle returned to AMP Remarketing LLC. is not in the same condition as the condition of such Dealer Vehicle at the time of purchase by Dealer (subject to additional mileage on the Dealer Vehicle as permitted by the terms of this agreement), and such Dealer Vehicle is repurchased by AMP Remarketing LLC. or the Dealer is otherwise refunded the applicable purchase price for such Dealer Vehicle, then AMP Remarketing LLC. reserves the right, at its election, to either (i) unwind such repurchase or refund transaction and charge Dealer’s account through Manheim Auto Auctions or any of its affiliates at the applicable Authorized Sales Channel for the full repurchase or refund amount, in which case Dealer shall be responsible for paying such amount and, if applicable, repurchasing the Dealer Vehicle, in each case in accordance with the normal payment policies of the applicable Authorized Sales Channel, or (ii) proceed to resell such Dealer Vehicle in whatever manner it deems appropriate (or proceed to resell such Dealer Vehicle on Dealer’s behalf in whatever manner it deems appropriate). In the event of any unwind of a repurchase or refund transaction pursuant to clause (i) above, AMP Remarketing LLC. shall relinquish the applicable Dealer Vehicle (and transfer title and ownership thereto) to Dealer upon receipt of indefeasible payment in full from Dealer for such Dealer Vehicle. In the event of any resale pursuant to clause (ii) above, AMP Remarketing LLC. shall have the right to invoice Dealer for the difference (if any) between the repurchase price or refund amount paid by AMP Remarketing LLC. to Dealer for such Dealer Vehicle, and the net proceeds received by AMP Remarketing LLC. from the resale of such Dealer Vehicle. For purposes of clarity, Dealer acknowledges and agrees that Dealer shall be exclusively responsible for any issue with respect to the changed condition of a Dealer Vehicle being returned to AMP Remarketing LLC., regardless of whether such issue relates to damage caused by Dealer, any third party or an act of God (including any hail damage or any other weather related damage to a Dealer Vehicle, or any other damage that may have been caused by forces outside of Dealer’s control). Buying dealer, his agent or transporter is responsible to immediately notify MAA of any damages when removing vehicle from auction. It is also imperative that Buying dealer, his agent or transporter report and document to selling dealer and AMP Remarketing LLC, any damage to vehicles prior to removal if picking up from dealers lot in order to arbitrate for damage or be responsible for damage in the event of returning the vehicle.
- AMP Remarketing’s determination of the condition of any Dealer Vehicle shall be final and binding on all the parties.
- Dealer acknowledges and agrees that in the event of any dispute or disagreement with respect to any Dealer Vehicle, the refund of the vehicle purchase price and purchase fee for the Dealer shall be Dealer’s sole and exclusive remedy. Notwithstanding the foregoing, AMP Remarketing LLC. shall not, in any event, have any obligation to refund or return the purchase price for any vehicle to any third-party buyer of a Dealer Vehicle as a result of any dispute between Dealer and AMP Remarketing LLC.
- AMP Remarketing LLC. may, in its discretion, develop and/or utilize a market index (“Market Index”) to be made available to Buying Dealers that will display certain current market conditions for Dealer Vehicles, including conditions indicating market distress (as such will be defined and determined by AMP Remarketing LLC.).
- Dealer acknowledges and agrees that AMP Remarketing LLC. shall have the right, in its sole discretion, to temporarily or permanently suspend the offer of any future Buyback Guarantee programs on the sales of vehicles represented by AMP Remarketing LLC.
- Dealer Warranties and Obligations.
- Dealer will process the necessary paperwork to obtain clear title to the Dealer Vehicle and assign it to AMP Remarketing LLC. or its designee prior to return of the Dealer Vehicle to Manheim Auto Auction, Manheim PA. Dealer will also cooperate in providing any other paperwork or signatures reasonably-requested by AMP Remarketing LLC. to process a returned Dealer Vehicle and/or reimbursement request.
- Dealer represents and warrants that (i) each Dealer Vehicle returned/sold to AMP Remarketing LLC. under these Terms and Conditions has clear title and is free and clear of any judgments, liens or citations, and (ii) the odometer reading on any Dealer Vehicle and the odometer statement related to such Dealer Vehicle is true and accurate in all respects.
- Dealer further represents and warrants that the AMP Remarketing LLC. 14 Day Guarantee being offered to selling and purchasing Dealer, in done so as part of a bona fide and valid arm’s length vehicle transaction through an Authorized Sales Channel, that the vehicle transaction involved competitive bidding, that Dealer is not purchasing or selling the Dealer Vehicle (for which the 14 Day Guarantee is being offered) in collusion with any other person or entity, including, without limitation the seller or any subsequent buyer of the Dealer Vehicle, and that there is no crossover representation among parties to the vehicle transaction (i.e. an affiliated buyer and seller, a dual agent, etc.). Without limiting the foregoing, Dealer represents and warrants that neither it, nor to its knowledge or any other person or entity, has engaged in any kind of fraudulent, wrongful or improper conduct with respect to the Dealer Vehicle or 14 Day Buyback Guarantee, including, by way of example and not limitation, bidding on the Dealer Vehicle in order to artificially inflate the sale price for such Dealer Vehicle. Dealer acknowledges that any fraud or collusion on the part of Dealer (or any buyer of a Dealer Vehicle or any other third party) is subject to criminal prosecution, and AMP Remarketing LLC. or its Affiliates may report such activities to law enforcement.
- Dealer hereby authorizes AMP Remarketing LLC. or designee to execute documents and take such other actions as necessary to evidence and perfect title in any Dealer Vehicle that may be repurchased or otherwise remarketed by AMP Remarketing LLC. or its affiliates, and Dealer hereby agrees that AMP Remarketing LLC. and its Affiliates will be held harmless from any and all causes of action associated therewith.
- The AMP Remarketing LLC. 14 Day guarantee will provide the dealer reimbursement for the vehicle purchase price and auction purchase fee on returned vehicles less any auction discounts and/or reimbursements for the purchased vehicle. The AMP Remarketing LLC. Guarantee does not provide for the reimbursement of any transportation costs to or from Dealer or any other out-of-pocket fees with respect to the Dealer Vehicle for which is being returned. Dealer represents and warrants that any amounts submitted or requested by Dealer for reimbursement through the AMP Remarketing LLC Buyback Guarantee, represent out-of-pocket fees or costs that have actually been incurred by Dealer, and that are not subject to reimbursement from any other person or entity, including, without limitation, any vehicle manufacturer. For any additional expense’s that AMP Remarketing LLC deems valid, Dealer shall include with each such reimbursement request, accurate, valid and authentic invoices documenting the out-of-pocket fees, costs and expenses incurred by Dealer. Notwithstanding anything to the contrary set forth herein, any obligation of AMP Remarketing LLC or its Affiliates to reimburse or other expenses hereunder shall not exceed $500 for any Dealer Vehicle.
- Dealer acknowledges and agrees that neither it nor its Affiliates shall be permitted to repurchase any Dealer Vehicle back from AMP Remarketing LLC. or any of its Affiliates within the ninety (90) day period immediately following the date of AMP Remarketing LLC repurchase of such Dealer Vehicle, or the date on which AMP Remarketing LLC. or its affiliate remitted to Dealer the applicable refund for such Dealer Vehicle (as the case may be), unless it pays to AMP Remarketing LLC. or its Affiliate, as applicable, the full amount of the repurchase price or refund paid by AMP Remarketing LLC or its Affiliate for such Dealer Vehicle. In the event that Dealer purchases any such Dealer Vehicle within the ninety (90) day period described above for less than the original purchase price or refund amount previously paid to Dealer by AMP Remarketing LLC. or its affiliate with respect to such Dealer Vehicle, then AMP Remarketing LLC shall have the right to require that Dealer pay to AMP Remarketing LLC. or its affiliate the difference between the purchase price paid by Dealer for such Dealer Vehicle and the repurchase price or refund amount previously paid to Dealer by AMP Remarketing LLC. or its affiliate with respect to such Dealer Vehicle.
- Dealer shall comply with all applicable federal, state, provincial and local laws, rules and regulations relating in any way to vehicle sales and purchases.
- Notwithstanding anything to the contrary set forth herein, Dealer hereby acknowledges and agrees that if AMP Remarketing LLC. or its Affiliates including Manheim Auto Auctions knows or reasonably believes that Dealer has breached any of the foregoing representations, warranties or covenants, AMP Remarketing LLC., its Affiliates may refuse to repurchase or accept the return of any Dealer Vehicle, and may pursue any other remedies available at law or in equity, under these Terms and Conditions or otherwise. Dealer further acknowledges and agrees that such remedies shall include, without limitation, (i) the right to deny Dealer access to auctions and other sales channels operated by Manheim Auto Auctions and other Affiliates of AMP Remarketing LLC.; (ii) the right to prohibit Dealer and its Affiliates from purchasing or benefiting from any Product; and (iii) the right to set-off any amounts owed to Dealer or its Affiliates as provided for herein. For purposes of clarity, these Terms and Conditions shall apply in equal force to both buyers and sellers of Dealer Vehicles.
- For purposes hereof, a Dealer will be considered to be “operating under Excess Return Status” if such Dealer has returned 40% or more of the Dealer Vehicles purchased by such Dealer within any four-week period (provided such Dealer has purchased Five (5) or more Dealer Vehicles in such period). Notwithstanding anything to the contrary in these Terms and Conditions, in the event Dealer is considered to be “operating under Excess Return Status”, AMP Remarketing LLC. shall have the right, in its sole discretion and without any prior notice to Dealer, to cancel or withdraw such Guarantee offer and reject Dealer’s future request to the repurchase of Dealer Vehicles under the AMP Remarketing 14 Day Buyback Guarantee. The rights set forth in the immediately preceding sentence shall be in addition to any other or further rights or remedies that may be available to if AMP Remarketing LLC under these Terms and Conditions or at law or in equity.
- Indemnification. Dealer will indemnify, defend and hold harmless AMP Remarketing LLC, its Affiliates, subsidiaries, and their respective successors and assigns, and all of their respective officers, directors, employees and agents (collectively, the “AMP Remarketing LLC Indemnified Parties”) from and against any and all claims, losses, demands, causes of action, debts or liabilities, including reasonable attorneys’ fees, arising out of (a) any third-party claim resulting from any breach or alleged breach of Dealer’s obligations, representations or warranties under these Terms and Conditions (or any obligations, representations or warranties of any buyer of any Dealer Vehicle that may be sold by Dealer), or (b) except as provided in Section 1, any claim or demand made by any buyer or future owner or holder of a Dealer Vehicle for which Dealer has purchased any Product.
- LIMITATION ON LIABILITY. IN NO EVENT WILL THE AMP REMARKETING INDEMNIFIED PARTIES BE LIABLE TO DEALER OR ANY THIRD PARTY (INCLUDING ANY BUYER OF A DEALER VEHICLE) FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, UNDER ANY CAUSE OF ACTION, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AMP REMARKETING LLC INDEMNIFIED PARTIES’ TOTAL LIABILITY TO DEALER OR ANY THIRD PARTY CLAIMING THROUGH DEALER (INCLUDING ANY BUYER OF A DEALER VEHICLE) FOR ANY CLAIM ARISING OUT OF THE PRODUCTS OR THESE TERMS AND CONDITIONS WILL NOT EXCEED, IN THE AGGREGATE, THE TOTAL FEES ACTUALLY PAID BY DEALER TO AMP REMARKETING LLC WITH RESPECT TO THE SERVICES FOR THE DEALER VEHICLE AT ISSUE.
- ARBITRATION AND CLASS ACTION WAIVER
- DEALER AGREES TO ARBITRATE ANY DISPUTE OR CLAIM THAT IT MAY HAVE WITH AMP REMARKETING LLC THAT ARISES OUT OF OR RELATES IN ANY WAY TO THESE TERMS AND CONDITIONS OR ANY PRODUCT. ARBITRATION CONDUCTED HEREUNDER SHALL BE FINAL AND BINDING. THIS ARBITRATION PROVISION MEANS THAT DEALER’S CLAIMS AGAINST AMP REMARKETING LLC WILL BE RESOLVED THROUGH ARBITRATION RATHER THAN LITIGATION IN COURT. DEALER ACKNOWLEDGES THAT AMP REMARKETING LLC MAY (BUT SHALL NOT BE REQUIRED TO) SUBMIT TO ARBITRATION ANY DISPUTE OR CLAIM THAT IT MAY HAVE AGAINST DEALER, WITH ANY SUCH ARBITRATION BEING GOVERNED BY THE PROVISIONS OF THIS SECTION 3.
- DEALER MAY OPT OUT OF THIS ARBITRATION AGREEMENT AND DOING SO WILL NOT IN ANY WAY PREJUDICE OR AFFECT DEALER’S BUSINESS WITH AMP REMARKETING LLC. TO EXERCISE THIS OPT-OUT RIGHT, DEALER MUST PROVIDE WRITTEN NOTICE OF ITS ELECTION TO OPT OUT TO AMP REMARKETING LLC AT THE FOLLOWING ADDRESS: PO BOX 388, PINEBROOK NJ 07058-0388, PRIOR TO THE PURCHASE OF ANY VEHICLE OFFERD FOR SALE BY AMP REMARKETING LLC. THE PROCEDURE SPELLED OUT HEREIN IS THE ONLY WAY TO OPT OUT OF THIS ARBITRATION AGREEMENT, AND ANY ATTEMPTS TO OPT OUT AFTER THE DEADLINE SET FORTH HEREIN WILL BE INEFFECTIVE.
- ANY ARBITRATION PROCEEDING HEREUNDER WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS OR REPRESENTATIVE PROCEEDINGS OF ANY KIND ARE NOT PERMITTED AND DEALER EXPRESSLY WAIVES ITS ABILITY TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING AGAINST DEALSHIELD. TO THE EXTENT THAT DEALER OPT OUT OF ARBITRATION FOLLOWING THE PROCEDURE SET FORTH IN SECTION 9(B), OR IF THIS ARBITRATION AGREEMENT IS FOUND INAPPLICABLE TO DEALER’S DISPUTE WITH AMP REMARKETING LLC, THIS CLASS ACTION WAIVER WILL CONTINUE TO APPLY IN LITIGATION. DEALER AGREES THAT THIS CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF ITS AGREEMENT WITH AMP REMARKETING LLC AND THAT IT MAY NOT BE SEVERED. IN THE EVENT THAT THIS CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRE AGREEMENT TO ARBITRATE WILL BE NULL AND VOID.
- Any dispute or claim subject to arbitration hereunder shall be submitted to binding arbitration administered by the Judicial Arbitration and Mediation Service (“JAMS”) pursuant to its Streamlined Arbitration Rules and Procedures as in effect at the time of the submission of such dispute or claim (the “JAMS Streamlined Rules”). The disputes and claims subject to arbitration hereunder will be resolved by a single arbitrator selected pursuant to the JAMS Streamlined Rules. The arbitrator shall be bound by and shall strictly enforce these Terms and Conditions and any other applicable agreement between Dealer and AMP REMARKETING LLC, and may not limit, expand or otherwise modify any provision of these Terms and Conditions or the provisions of any other applicable agreement between Dealer and AMP Remarketing LLC. The arbitrator may award any relief that a court of law could, applying the limitations of liability set forth in these Terms and Conditions. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief awarded by the arbitrator may not extend beyond Dealer’s business and dealings with AMP Remarketing LLC.. The laws of the State of Pennsylvania will apply to any claims or disputes between Dealer and AMP Remarketing LLC.. Any arbitration will be held in Pennsylvania and conducted in English, unless otherwise agreed upon by the parties in writing. Each party will bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator shall award AMP Remarketing LLC. its costs and fees if it is determined that Dealer submitted or filed any arbitration in bad faith or that Dealer’s claims against AMP Remarketing LLC. have no reasonable legal basis.
- Governing Law/Venue. These Terms and Conditions and performance hereunder will be governed by the laws of the State of Pennsylvania (except to the extent set forth in Section 3, without regard to its conflicts of laws rules. The parties hereby agree that the sole jurisdiction and venue for any action to enforce any arbitration proceeding, or any other litigation arising from or relating to these Terms and Conditions, to the extent not otherwise subject to mandatory arbitration pursuant to the arbitration clause set forth in Section 3, will be an appropriate federal or state court located in Philadelphia County, Pennsylvania.
- Changes to Terms and Conditions. AMP Remarketing LLC. reserves the right to modify these Terms and Conditions from time to time and will post any such changes on the AMP Remarketing LLC. website. Dealer agrees that the purchase or use of any Product after such changes have been posted to the AMP Remarketing LLC. website will constitute Dealer’s assent to any such changes.