Important information for buyers and sellers
It is important for all parties to a transaction to understand that CarModder makes no representations or warranties about the trustworthiness of buyers and sellers in the "For Sale" forums. We cannot verify the character or trustworthiness of all members participating in this forum and as such, CarModder will not be held responsible for any losses or damages occurring as a result of transactions originating from the "For Sale" Forums.
Essentially, what CarModder provides is merely a marketplace for buyers and sellers to come together and enter into contracts of sale. We therefore cannot (and will not) guarantee any transaction arranged in these forums, nor will the CarModder Administration Group be in a position to intervene, nor will we be held responsible for any failed transactions.
Under common law, transactions which originate on CarModder "For Sale" Forums represent a contract of sale between the two parties. The conditions of sale, method of payment, dates, transportation etc are all defined between these two parties at the time of offer and acceptance occurring. In the event of a failed transaction (for whatever reason) any remedial action to be taken must be done so between these two parties.
Having noted this, there are certain rules in place which restrict member access to the For Sale forums without a certain amount of time/certain number of posts. This is a measure designed (amongst other things) to prevent 'fly in fly out' sellers, who have a higher probability of failing to deliver on their side of the sale contract. We will be implementing further measures to further reduce the instances of fraudulent behaviour over the coming months.
Furthermore, if a contract of sale between two members is not completed to both parties satisfaction then the admin staff and/or senior moderators of CarModder reserve the right to limit or halt any further transactions using the website. That is if you fail to pay or fail to post, your access to For Sale and/or Wanted forums will be removed! However, CarModder Admin is not in a position to enforce "specific performance" to the contract (i.e. we cant force a member to pay or post).
To maximise the probability of a smooth transaction, the CarModder Admin Group suggests the following to be "better practice" when it comes to engaging in a transaction for goods/services being sold in the CarModder For Sale forum. However, please note these are not "rules" nor do they represent conditions of participating in a contract of sale.
- Obtain and verify contact details prior to exchanging goods/cash. The CarModder Admin Group STRONGLY RECOMMENDS exchanging phone numbers prior to "offer and acceptance" of the sale contract occurring. A phone call is much more difficult to avoid than an email or a private message.
- Consider the standing within the CarModder community of the member you are entering the transaction with.
- Seek pictures of physical goods to establish their condition, false representations regarding the condition of goods have remedies under common law.
- Use registered post which requires a signature at the receiving end, for a few dollars more this saves any "I never received my item" arguments
In the event that a transaction does go "bad", members of the CarModder Admin Group may be able to assist you in contacting the opposite party to the transaction, but this is the extent of assistance which we are able to provide. And of course, CarModder will comply with any legislative obligation to assist an investigation by statutory authorities.
If you have chosen to skim read this message, please take the following point on board:
Caveat Emptor or - Buyer Beware!
