ALFACAR INC — PUBLIC OFFER AGREEMENT
Automotive Brokerage, Auction, New Vehicle Purchase and Facilitation Services
Miami, Florida, USA
(This document is a legally binding Public Offer. Payment constitutes Acceptance.)
1. General Provisions
1.1. This Public Offer Agreement (“Offer”) is issued by ALFACAR Inc., a licensed motor vehicle dealer/broker in the State of Florida (“Provider”).
1.2. Any individual or entity (“Client”) who pays any invoice issued by Provider accepts this Offer in full.
1.3. This Offer governs all automotive brokerage, auction participation, new vehicle purchase assistance, financing and leasing coordination, negotiation, delivery coordination, DMV support, and administrative services.
1.4. Provider is not the seller of any vehicle. Provider offers facilitation services only.
1.5. Time is of the essence for all Client obligations, responses, and payments.
2. Service Facilitation Fee
2.1. The Service Facilitation Fee for auction-related services is $799 USD.
2.2. For new vehicle purchases (lease, finance, or cash), the amount stated on the invoice is also a Service Facilitation Fee, not a down payment.
2.3. All Service Facilitation Fees are final, non-refundable, non-creditable, and non-transferable under any circumstances.
2.4. The fee is earned immediately upon Provider’s commencement of work (market analysis, communication, sourcing, negotiation, administrative activities).
3. Additional Payments
3.1. After approving a vehicle, Client must pay:
(a) a 20% deposit for cash purchases; OR
(b) the full down payment required by the lender for financing or leasing.
3.2. Client is responsible for all additional costs, including taxes, DMV fees, dealer fees, auction fees, shipping, storage, title/registration fees, bank fees, and insurance.
3.3. Provider does not begin bidding, negotiation, or delivery until all invoices are paid.
4. Term
4.1. This Agreement is valid for 30 calendar days from the date of invoice payment.
4.2. Provider supplies up to 10 vehicle options. Additional options cost $50 each.
5. Auction Vehicle Procedure
5.1. Client approves all vehicle options, VIN numbers, budgets, and bid limits in writing (email, SMS, WhatsApp, Telegram, etc.).
5.2. Digital communication constitutes a legally binding signature.
5.3. After required deposit, Provider participates in the auction.
5.4. Upon winning an auction, the vehicle is considered purchased by the Client.
5.5. All rights, obligations, and risks transfer to the Client immediately upon winning.
6. New Vehicle Procedure
6.1. Provider assists with locating vehicles, negotiating pricing, coordinating financing or leasing, delivery, and administrative tasks.
6.2. Client acknowledges Provider:
(a) is not the selling dealer;
(b) does not control dealer pricing/incentives;
(c) does not guarantee financing approval;
(d) does not control lender/manufacturer decisions;
(e) is not responsible for dealer contract terms.
6.3. The Service Facilitation Fee is not part of the vehicle price.
7. Vehicle Condition (AS IS / WHERE IS)
7.1. Auction vehicles are acquired AS IS / WHERE IS, without warranties.
7.2. Provider is not responsible for defects, hidden issues, damage, mileage discrepancies, failed inspections, or mechanical/cosmetic problems.
7.3. Client waives all claims relating to the vehicle condition.
8. Limitation of Liability
8.1. Provider’s total liability is strictly limited to $799 USD.
8.2. Provider is not liable for delays, decisions, errors, or actions by third parties.
8.3. Provider is not liable for indirect or consequential damages (lost time, rental, lost profits, inconvenience).
9. Client Default
Client is in default if they:
(a) fail to pay deposit/down payment within 24 hours;
(b) refuse to proceed after auction win;
(c) fail to pay taxes/shipping/storage;
(d) provide false/misleading information;
(e) attempt to bypass Provider and purchase directly.Provider may:terminate service,retain all payments,recover damages,hold/repossess the vehicle,resell the vehicle to recover expenses.Client has 10 days to cure default.
10. Storage and Delivery
10.1. Client must collect vehicle within 7 days.
10.2. Storage after 7 days costs $100/day.
10.3. After 30 days, Provider may sell the vehicle to recover expenses.
11. Force Majeure
Provider is not liable for delays caused by events outside its control.
12. Dispute Resolution
12.1. Disputes must first be attempted via negotiation.
12.2. If unresolved, disputes are handled exclusively in:
Miami-Dade County, Florida.
12.3. Client consents to Florida jurisdiction.
12.4. Losing party pays attorney and court fees.
13. No Warranty or Representation
Provider makes no warranties regarding: condition, financing, dealer pricing, mileage accuracy, accident history, inspection results, or performance.
Client acknowledges no reliance on verbal statements.
14. Anti-Circumvention
Client may not bypass Provider.
Violation requires payment of full Service Facilitation Fee + damages.
15. No Chargeback ClauseAll payments are final.
Client waives the right to chargebacks or disputes.
Attempts are treated as fraud.
16. Client Responsibility for Documents
Client must review all contracts with dealers, lenders, insurers, or third parties.
17. Misrepresentation Penalty
Client must compensate Provider for any damages resulting from false/misleading information.
18. Hold Harmless Clause
Client indemnifies Provider from any claim, damage, penalty, or liability arising from ownership, use, insurance, financing, or operation of the vehicle.
19. Communication Records
Provider may store and use communication as evidence.
20. Right to Refuse Service
Provider may refuse or terminate service for any reason.
21. Non-Disparagement
Client agrees not to publish negative or misleading statements about Provider.
22. Governing Law
Agreement governed exclusively by Florida law.
23. Severability and Survival
Invalid provisions do not affect the remainder.
Key clauses survive termination.
24. Electronic Acceptance
Payment of invoice = acceptance + electronic signature (ESIGN Act).
25. Waiver of Class Action Rights
Client waives all rights to:class actions,collective actions,mass actions,representative actions.
26. Financing Assistance Service — $499
26.1. Financing Assistance includes:
loan application submission, lender coordination, documentation support, communication with banks, pre-approval or approval process.
26.2. Fee: $499 USD, separate from the Service Facilitation Fee.
26.3. Fee is non-refundable, non-transferable, non-creditable under all circumstances.
26.4. Fee is earned when Provider submits any loan application to a lender.
26.5. Provider does not guarantee approval or loan terms.
26.6. Provider is not responsible for lender requirements or decisions.
26.7. If Client is approved but chooses not to proceed, the fee remains final.
27. Post-Purchase Vehicle Inspection Service — $499
27.1. Optional inspection at ALFACAR’s designated facility to evaluate basic mechanical condition and safety indicators.
27.2. Fee: $499 USD, non-refundable and non-transferable.
27.3. Service is advisory only, not a warranty or certification.
27.4. Inspection does NOT include:
disassembly, deep diagnostics, emissions testing, recall work, repairs, paint/frame analysis.
27.5. Provider does not guarantee detection of hidden or latent defects.
27.6. Provider is not liable for issues found after inspection or not detected.
27.7. Client remains solely responsible for any decisions regarding repairs, continued use, or resale.
27.8. No implied or express warranties apply.
27.9. Fee is earned upon completion of inspection and delivery of findings.
This Agreement constitutes the full, final, and exclusive agreement between ALFACAR Inc. and the Client.
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