Terms of Service
Definitions:
Offer: An “Offer” is the amount of money and/or service (i.e. towing service) put forward by the Buyer. The Offer constitutes the beginning of a transaction between the Buyer and a Seller. Offers are contingent upon the accuracy of a vehicle’s information submitted by the Seller. Buyers may reserve the right to change or terminate their Offers upon inspection of the vehicle. Offers are subject to change or termination at any time.
Seller: “Sellers” are participants of ChetsScrapMetal.com service who submit information about their vehicle in hopes of receiving an Offer to purchase their vehicle. When a Seller receives and then accepts an Offer from a Buyer, their contact information will be passed on to the Buyer.The Seller is then contacted by the Buyer or the designated Carrier to arrange for the vehicle to be picked up. The Buyer will also make arrangements with the Seller to make payment. By acting as a Seller, you acknowledge that you are at least 18 years of age and have submitted only accurate and truthful information. Minors may use the services ChetsScrapMetal.com provides only in conjunction with the consent and supervision of their parents or guardians.
Buyer: “Buyers” are commercial partners of ChetsScrapMetal.com who place Offers on vehicles submitted by Sellers. The Offer amount is based upon the vehicle’s information that the seller submits. Shall the vehicle information be deemed inaccurate or fraudulent the Buyer retains the right to change or cancel their Offer. Each Buyer has their own process for determining what a vehicle is worth. When an Offer is accepted by a Seller, the Seller’s contact and other pertinent information is provided to the Buyer in order to facilitate the transaction.
Carrier: “Carrier” is a person or company contracted through the Buyer who physically transports the Seller’s car from it’s location to a location designated by the Buyer. Carriers can/will be dispatched directly through a Buyer and not through ChetsScrapMetal.com.
Fees: There are no “Fees” for Sellers to use ChetsScrapMetal.com service. A Buyer may require a transportation fee.
Prohibited Items: A Carrier and/or Buyer cannot pick up any hazardous or dangerous materials along with or inside of any vehicle. These materials are those items that pose a danger to the health, safety, or property of any person or property during transport (such as, but not limited to, explosives, radioactive materials, flammable gases and/or solids, and toxic substances.) ChetsScrapMetal.com cannot service parts, pieces of scrap metal, and liquids. Ability to service RVs, motorcycles, trailers, farm equipment, off road vehicles, or watercraft will be determined upon location and Buyer’s ability and willingness to purchase.
Terms of Service:
The following terms and conditions, along with any other terms and conditions you may have received through other media, including but not limited to email, govern all use of the ChetsScrapMetal.com website and all content, services and products available through or at the website ChetsScrapMetal.com (Hereinafter referred to as “Website”). The Website is owned and operated by Magic Star Media, LLC (Hereinafter referred to as “We,” “Us,” or “ChetsScrapMetal.com”).
Scope: The Website is offered subject to your acceptance without modification of all of the terms and conditions herein and all other operating rules, policies, and procedures that may be published and changed at any time on this Website by ChetsScrapMetal.com (collectively, the “Agreement”). Please read this Agreement carefully before submitting information through, accessing or using the Website. By submitting information through, accessing or using any part of the Website you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, then you may not access the Website or use any of the services, resources, documents, or tools provided by the Website. If these terms and conditions are to be considered an offer by us, acceptance is expressly limited to these terms.
We reserve the right, at our sole discretion to delete, add, change, or replace any part of this Agreement. It is your responsibility to check this Agreement for changes. Your continued use of or access to the Website following the posting of any changes to the Agreement constitutes acceptance of those changes. If ChetsScrapMetal.com offers new services and/or features through the Website (including but not limited to new resources, documents and/or tools), such new features and/or services shall be subject to the terms and conditions of this Agreement.
By using this Website you confirm you are aware that ChetsScrapMetal.com does not directly buy or sell cars, or provide any salvage and/or towing services. The Website serves as solely a digital venue and intermediary where Sellers and Buyers can negotiate a price for the vehicle. ChetsScrapMetal.com is not involved in the actual transaction between the Sellers and Buyers. Therefore, ChetsScrapMetal.com exercises NO direct or indirect control over the quality, safety, or legal aspects of the transactions that may or may not eventually take place. ChetsScrapMetal.com simply assists in the logistical processes of the transaction when applicable.
The Website is provided “AS IS.” We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied including, without limitation, the warranties of merchantability and fitness for a particular purpose. Neither Us nor our Suppliers or Licensors, make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. Data transferred to and from the Website (Exclusive of payment information) is done so unencrypted and over various networks. You understand that anything you obtain, whether content, services or downloads from is done at your own discretion and risk.
Dispute Resolution: Should you have a dispute with one of ChetsScrapMetal.com’s Buyers, Carriers, and/or more you release Magic Star Media, LLC., its officers, directors, agents, and employees from all claims, demands, and damages (actual, special, incidental, and consequential) of any kind and nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such disputes.
In no event will We or our Suppliers or Licensors be liable with respect to any subject matter of this Agreement under any Contract, Negligence, Strict Liability, or other legal or equitable theory for: (1) Any special, incidental, or consequential damages; (2) the cost of procurement of substitute products or services; (3) for interruption of use or loss of corruption of data; or (4) for any amounts that exceed the fees paid by you to us (if any) under this Agreement during the twelve (12) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Dispute between you and ChetsScrapMetal.com regarding our services should be reported to ChetsScrapMetal.com Customer Services Department. We will attempt to resolve any disputes you have with us.
Except to the extent of applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website will be governed by the laws of the state of Massachusetts. Disputes, claims or controversies arising out of or in any way related to this Agreement or the services, resources and/or tools provided by ChetsScrapMetal.com, that can’t be resolved through our Customer Services Department shall be resolved by binding arbitration in a Massachusetts jurisdiction pursuant to Chapter 44 of the Massachusetts Statutes, entitled “Mediation Alternatives to Judicial Action” by one arbitrator appointed in accordance with such rules. The arbitration shall take place in Massachusetts in the English language. The award rendered by the arbitrator is final and binding, and may be entered into any court or tribunal having jurisdiction thereof. Any court of competent jurisdiction may enforce the provisions of this paragraph. The party seeking enforcement is entitled to an award of all costs, fees and expenses, including attorney’s fees, to be paid by the party against whom enforcement is ordered.
You hereby agree to indemnify, defend, and hold harmless ChetsScrapMetal.com, its subsidiaries, affiliates, officers, employees, and approved licensees and assigns from any and all losses and/or damages in any action or proceeding between ChetsScrapMetal.com and an affiliate, between any third party and ChetsScrapMetal.com, or otherwise, from and/or against any and all claims and expenses, including but not limited to attorneys’ fees, arising out of your use of the Website, your breach of the representations and warranties made herein and/or any other violation of this agreement and/or any action relating to this agreement.
ChetsScrapMetal.com uses proprietary screening methods for buyers and carriers. However, no method is perfect. Should you not be 100% satisfied with your transaction, we encourage you to contact your Customer Service Department at info@ChetsScrapMetal.com and report any issues you may have had. Because we are only an intermediary service (as explained above), we are not responsible for resolving any disputes between you and Buyers or Carriers regarding services. If you report a dispute to ChetsScrapMetal.com, we will make every effort to help both parties communicate effectively; however, all disputes must be resolved directly between you and the opposing user.
Sellers and Buyer/Carriers are not permitted to make offers directly with each other and outside of ChetsScrapMetal.com’s service. If an offer is made outside of said service, then ChetsScrapMetal.com deems that offer as not being a part of the offered service and will not provide any support or assistance.
Warranties/Representations made by seller: As a seller, you must legally be able to sell the car on which make a request and then accept an offer. You understand and agree that it is your sole obligation to comply with all local, state and federal laws, rules, statutes, and regulations that may apply including, any local, state and federal licensing, insurance, or titling requirements.
You are also solely responsible for the accuracy of any information you provide to Us, our Buyers, the Carriers or any others in the Offer, transportation, or payment process. You represent and warrant that the information you provide is true, legal, accurate, and not fraudulent. You may not accept an offer on any vehicle that could cause Us, our Buyers or the Carriers to violate any applicable law, statute, ordinance, or regulation. You authorize ChetsScrapMetal.com to use any information you supply through our site or any other medium in connection with our services and in accordance with these terms. Should any of the information you have submitted raise suspicion that you were fraudulent, or be deemed fraudulent, ChetsScrapMetal.com may suspend or cancel your account, claim or Offer.
Payment: Each of the Buyer’s and Carriers that ChetsScrapMetal.com works with have their own policy for payment. It is your duty to verify how payment will be made prior to the scheduled pickup time.
Prior to payment, regardless of the method, the Buyer and or Carrier is entitled to inspect the vehicle. Inspection may occur at the time of pickup or when the vehicle arrives at the location of the Buyer.
If any of the information provided to ChetsScrapMetal.com, the Buyer or the Carrier is found to be inaccurate at the time of inspection, ChetsScrapMetal.com, the Buyer or the Carrier reserves the right to terminate or recalculate the original offer. Shall no new agreement be made the vehicle may be returned or not picked up. If a Seller does not accept the return of a vehicle, it may be deemed abandoned, which will result in nonpayment and may open up the Seller to other liabilities, including and not limited to statutory infractions and/or storage fees.
Privacy: ChetsScrapMetal.com reserves the right to keep indefinitely all records of any and all started and/or completed transactions and communications between you and any member of ChetsScrapMetal.com staff for administration purposes.
ChetsScrapMetal.com process does require the collection of some personal information. At no time will we sell, share or lease your personal information with any outside company that is not related to providing the services we offer. By submitting your personal information you understand and agree that ChetsScrapMetal.com will share the provided information with certain business partners in order to provide the requested services. You also agree that we and our business partners may contact you through the personal information provided even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state’s equivalent to the Do Not Call List or the Do Not Call List of any internal company. You understand that business partners may maintain the information you submitted to ChetsScrapMetal.com whether you elect to use their services or not.
Confidentiality/Non-solicitation: As a result of this Agreement or any of the services provided by the Website, whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, past, present or future strategies, marketing information, financial information, software, technologies, processes, procedures, methods, applications, or other aspects of our business (hereinafter “Our Business”). You hereby agree and acknowledge that any and all of Our Business is confidential and shall be our sole exclusive intellectual property and proprietary information. You agree to use Our Business only or the specific purposes as defined in and allowed by the performance of this Agreement. Any disclosure of Our Business to a third party, including but not limited to any competitor, is strictly prohibited and will be challenged in a court of law. By continued use of the Website you acknowledge that Our Business is proprietary, confidential, and extremely valuable to us and that we would be materially damaged by your disclosure of Our Business. You also acknowledge and agree that monetary damages may not provide a sufficient remedy for the breach of this confidentiality obligation. We shall also be entitled to injunctive relief.
Miscellaneous terms: You represent and warrant that, (1) your use of the Website and our services will be in strict accordance with this Agreement and with all applicable laws and regulations, including but not limited to any local laws or regulations in your country, state, city or other local governmental area, regarding online conduct and acceptable content and regarding the transmission of technical data exported from the United States or the country in which you reside, and (2) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You understand and agree that ChetsScrapMetal.com may, in its sole discretion, at any time, terminate your account and/or request and discard any information submitted by you for any reason. You understand and agree that we may take any action without prior notice to you. Should we take any actions, we may, in our sole discretion, immediately deactivate and/or delete any or all information about and concerning your account and/or request. You understand and agree that ChetsScrapMetal.com shall not have any liability to you or any other person for any termination of your access and/or removal of information concerning your account. If it becomes known that you willfully or intentionally violated any of our rules or used the site for improper means, sale process, or communications, we may pursue damages against you in any forum we deem appropriate.
All obligations contained herein shall survive the termination of this Agreement.
The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement. If any portion of this Agreement is held to be invalid, that part will be construed to reflect ChetsScrapMetal.com’s original intent, and the remaining portions of the Agreement will remain in full force and effect.
This Agreement constitutes the entire agreement between you and ChetsScrapMetal.com concerning the subject matter hereof. It may only be modified by a written amendment signed by an authorised executive of ChetsScrapMetal.com or by posting a revised version by ChetsScrapMetal.com. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to and agrees to be bound by its terms and conditions. ChetsScrapMetal.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
If you have any questions about these Terms of Service, please don’t hesitate to contact us at info@ChetsScrapMetal.com