The CARFAX® Buyback Guarantee®
Terms & Conditions for Consumers
Effective December 14, 2015
The Buyback Guarantee is provided by Carfax, Inc. 5860 Trinity Parkway, Suite 600, Centreville, VA 20120 in respect of automobiles or light trucks manufactured in model year 1981 or later.
Claims submitted under the Buyback Guarantee (each a “Claim”) are subject to the following Terms and Conditions.
A holder of a CARFAX Vehicle History Report (“Report”) may submit a Claim for the purchase price of the vehicle to which the Report relates (the “Claimant”) if the Report states that such vehicle (“Vehicle”) has a title history with no Branded Titles but a Branded Title actually exists. CARFAX will make payment on such a Claim (to the extent set forth herein) if the following terms and conditions are met.
A “Branded Title” is a passenger motor vehicle ownership document issued by any of the 50 states of the U.S. (or the District of Columbia) or a passenger motor vehicle registration document issued by any province or territory of Canada (which also may be referred to herein as a “Branded Registration”) which was issued with words or symbols signifying that the vehicle was: junked or salvaged; dismantled, rebuilt or reconstructed; flood damaged; fire damaged; hail damaged; bought back by its manufacturer (“Lemon Law” vehicle); odometer exceeds mechanical limits; odometer was not actual mileage; or which was issued with any other symbol or word signifying a similar brand.
Specifically excluded from the definition of “Branded Title” for the purposes of this CARFAX Buyback Guarantee are:
- titles originally issued without a brand but later stamped with a brand without being reissued;
- salvage titles issued due to theft;
- damage disclosure documents and Branded Titles issued in error and later corrected.
The following terms and conditions apply to the Buyback Guarantee:
- The Claimant must own the Vehicle at the time the Claim is made. If a Vehicle is subject to a lien, the Claimant must agree to contact the lienholder, obtain a payoff amount and grant CARFAX or its agent possession of the Vehicle if the Claim is approved. If the remaining balance of the Claimant’s loan is more than the Claimant’s purchase price for the vehicle, the
- Claimant must pay off the difference.
- The Claimant must complete and submit to CARFAX an executed and notarized Affidavit Claim Form and provide a complete copy of the Report. The Report must have been run prior to the date the Vehicle was purchased by the Claimant, but no more than 30 days prior to the purchase.
- The Claimant must provide proof of ownership of the Vehicle in the form of the original bill of sale and (a) a current title issued or assigned to the Claimant by the motor vehicle agency of one of the 50 states of the United States or the District of Columbia or (b) a current registration issued to the Claimant from any of the Canadian provinces or territories.
- The Claimant must provide a copy of the front and back of the Branded Title or Branded Registration, or an acceptable alternative, certified by the issuing state/province/territorial authority. This document must have been issued at least 60 days prior to the date the Report was run.
- If, prior to purchasing the Vehicle, the Claimant knew, or should have known, of the existence of a Branded Title for the Vehicle, CARFAX reserves the right to reject the Claim.
- The Branded Title must have been issued by a motor vehicle agency from which CARFAX receives and loads data about Branded Titles in regular monthly transmissions.
- CARFAX will pay no more than the purchase price of the Vehicle excluding any warranties, insurance and other purchases, such as reconditioning, aftermarket accessories, parts and services, whether purchased at the time of the Vehicle’s purchase or at a later date.
- If the purchase price of the Vehicle, as described in Section 7 exceeds the retail Kelley Blue Book used vehicle value at the time of the purchase, CARFAX will pay no more than ten percent (10%) over the Kelley Blue Book used vehicle retail value at the time of purchase.
- CARFAX will accept only one Claim per Vehicle under the CARFAX Buyback Guarantee or any other CARFAX certification or guarantee program.
- Each household may submit only one Claim per calendar year.
- The CARFAX Buyback Guarantee will apply only if the Vehicle is an automobile or light truck and was manufactured in model year 1981 or later.
- The CARFAX Buyback Guarantee is valid for one (1) year following the date of the Report regarding which the Claimant is making a claim.
- EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, CARFAX REPORTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- IN NO EVENT WILL CARFAX, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE CARFAX REPORTS, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF CARFAX REPORTS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, IN NO EVENT SHALL CARFAX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR OBTAINING ANY REPORTS OR OTHER INFORMATION FROM WWW.CARFAX.COM.. THE CARFAX BUYBACK GUARANTEE IS THE SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BRANDED TITLES NOT APPEARING ON A REPORT.
- Employees of CARFAX and its affiliates, and members of their families, are not eligible.
CARFAX may, at any time and without prior notice, change the terms of the CARFAX Buyback Guarantee or discontinue the CARFAX Buyback Guarantee.
- The CARFAX Buyback Guarantee, and any claim or dispute relating in any way to the CARFAX Buyback Guarantee, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. Claimant consents to the exclusive jurisdiction of the Virginia state courts in Fairfax County, Virginia and the U.S. District Court for the Eastern District of Virginia, Alexandria Division.
- These Terms and Conditions apply to the maximum extent permitted by applicable law. If it is determined by a court of competent jurisdiction that any provision of these Terms and Conditions is not valid for any reason, we may replace that provision with a similar provision that is enforceable under applicable law. All other provisions will remain valid and enforceable as written.