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Nino Farina Car™ Terms of  Sale

The following is the terms of the Contract between seller herein after ,,Company" (F1Showcar.com, Seefeld Strasse 69, 8008 Zurich, Switzerlnad) and the buyer ,,Buyer" of goods or services through the Company's Web site F1Showcar.com the ,,Site". If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully.

1. Introduction
Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only Contract between the Company and Buyer, and supersedes any and all prior or contemporaneous Contracts, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.

2. Description of Goods.
This sales Contract is for the following goods: Nino Farina Car™ (hereinafter "Nino Farina Car™) as follows. Specification and features of Nino Farina Car™ are according to ''Order page'' product description. The Nino Farina Car™ are based on a preowned Toyota Celica and the Company modified its bodywork according to order page illustrations. The Nino Farina Car™ is based on a fully rebuilt preowned Toyota Celica GT-S. The basic car before restoration can not be older than year 2000. The Company renews the basic car: engine, suspension, bodywork. All normally aspirated cars come with 10,000 miles (16,000 km) or 1 year Nino Farina Car™ warranty. There is no warranty on engine and transmission of the Turbo Charged Nino Farina Car Cars.

3. Setup and Payment
Buyer represents and warrants that (i) the credit card or Billing  information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes.

4. Copyright
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.

5. Indemnification
Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.

6. Non-Transferable
Buyer's right to use the Service is not transferable and is subject to any limits established by Company.

7. Disclaimer
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

ANY POTENTIAL MENTION ON THE WEBSITE TO OTHER BRAND NAMES AND/OR PRODUCTS IS MADE FOR COMPARISON, EDUCATIONAL OR NOVELTY PURPOSES ONLY. THERE IS NO RELATIONSHIP TO ANY BRANDS, TRADE MARKS, RACING SERIES, RACING TEAMS AND/OR COMPANIES. THE BUYER'S RESPONSIBILITY TO USE THE Nino Farina Car™ ACCORDING TO TRAFIC AND DRIVING REGULATIONS.

8. Buyer finds that the Company is qualified to perform the work, all relevant factors considered, and that such performance will be in furtherance of Buyer's business.

9. The Company warrants that it services shall be performed by personnel possessing competency consistent with applicable industry standards. No other representation, express or implied, and no warranty or guarantee are included or intended in this Contract, or in any report, opinion, deliverable, work product, document or otherwise. Furthermore, no guarantee is made as to the efficacy or value of any services performed. THIS SECTION SETS FORTH THE ONLY WARRANTIES PROVIDED BY THE COMPANY CONCERNING THE SERVICES AND RELATED WORK PRODUCT. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR OTHERWISE.

10. Delivery
The Nino Farina Car™ will be ready for shipping to the Buyer’s address as described on the order page after the "first  wire transfer installment" is received by Company according to the current contract’s 12th paragraph. Seller may not hold responsible for any delivery delay for any reason. The transportation entirely will be arranged and paid by Buyer. Collection location: Budapest, Hungary. The Company assumes no responsibility for damages incurred after Nino Farina Car™ leaves Company’s premises.

11. Buyer's Inspection
Every effort has been made to accurately and fairly describe this Nino Farina Car™ to Buyer. Seller welcomes a buyer's inspection prior shipping in person or by photo documentations about Buyer's Nino Farina Car™. The Buyer inspection's time frame have to be one week period prior shipping, exact date and place have to be fixed prior 10 days Buyer's visit.

12. Payment of Balance Due
Buyer shall pay to the Company for the Nino Farina Car™ its price by wire transfer, within 8 days of Online order's date as follows.  Buyer transfers 50% of the Car's price in the "first installment" and 50% in the "second installment" before shipping. Final invoice payable by Buyer within 8 days after issue date. All financial transactions must be completed before Nino Farina Car™ leaves Company's premise. The Online reservation deposit will be deducted from the "first installment". The money (reservation deposit and other installments) covered by this agreement are not refundable! THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE BUYER FOR THE PARTICULAR ITEMS PURCHASED.

13. Non-Paying Buyer
If the installments are not received in time or the balance is not paid in full within 30  business days of the Company's written notification to Buyer about Payment of Balance Due, the Company reserves the right to sell the Nino Farina Car™ to another qualified buyer. No refunds!

14. Additional Fees and Taxes
Buyer is responsible for his own applicable import process and taxes, fees and its transfer to his authorities.

15. Design instructions
The Company paints the Car’s body according to the Buyer’s written instructions based on the Company’s website “Order” page data. Detailed paintwork and/or decaling instructions, logos have to be sent to the Company by E-mail within 8 days after the order is processed. The company provides painting and/or decaling job for free of charge to the Buyer, as far as its value not exceeds 1,000.00 US$ (it usually covers all paintwork and decaling costs). If the requested design job exceeds the 1,000.00 US$ the Buyer shall compensate the differences based on the Company’s written offer. Company will apply Buyer's requested painting and/or decaling job on Nino Farina Car™ with professionalism, but no more than one version of painting and/or decaling job will be performed.  If the Buyer rejects the performed painting and/or decaling job, the Nino Farina Car™ will be delivered to the Buyer with ground coated bodywork and 500.00 US$ will be deducted from the Car’s final invoice.

16. Warning
This Nino Farina Car™ is protected by copyright law and International treaties. Unauthorized reproduction of this Car, or any portion of it, may result in serve civil and criminal penalties, and will be prosecuted to the maximum extent possible under law.

17. Use of references
The Buyer authorizes the Company to use the Buyer's name and a photos of the Nino Farina Car™ as reference in the Company’s campaigns.

18. Title
The parties explicitly agree that title to the goods pertaining to this Contract shall pass when Buyer makes full payment to Company.

19. Modification
This Contract may not be modified or rescinded except by express written Contract signed by both of the parties. Please print out this Online Contract's pages for future references!

20. Waiver
Except as may be expressly provided in a writing signed by the parties to this Contract, the failure or delay of either party to this Contract to insist in any instance on strict performance of any provision of this Contract shall not be construed as a waiver of that provision or the relinquishment of any rights under that provision in the future, but the provision shall continue and remain in full force and effect.

21. Assignment or Delegation
No assignment by either Buyer or Company of any rights, including rights to money due or to become due under this Contract, or delegation of any duties under this Contract or under any orders subject to this Contract, shall be binding upon the nonassigning party.

22. Competency
Buyer represents and warrants that Buyer is financially solvent, able to pay their debts as they become due and possesses sufficient working capital to comply with all requirements of this Online Contract, that they are sufficiently experienced and competent to perform this Contract in accordance with its terms.

23. Miscellaneous. This Contract shall be treated as though it were executed and performed in Republic of Panama, Panama City, and shall be governed by and construed in accordance with the laws of Republic of Panama (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Contract must be instituted within fifteen (15) days after Car delivery or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 6. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. Except for certain emergency judicial relief may be brought in a court of competent jurisdiction in Republic of Panama; the parties agree that all disputes between them shall first be submitted for informal resolution to their respective chief operating officers. Any remaining dispute shall be submitted to a single arbitrator who shall be a former judge or attorney having experience in similar disputes. The neutral arbitrator will be selected by Conciliation and Arbitration Center of Panama (Centro de Conciliación y Arbitraje de Panamá) in Republic of Panama. The award of the arbitrator shall include a written explanation of the decision, shall be limited to remedies otherwise available in court and shall be binding upon the parties and enforceable in any court of competent jurisdiction. The U.N. Convention on Contracts for the International Sale of Goods and the Unfair Contracts Act in the United Kingdom shall not apply to this Contract. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Contract or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

24. Attorney Fees
If any action at law or in equity is commenced by either party to enforce or interpret the terms of this Contract, the party finally prevailing in such proceeding or action (after appeal, if any) shall be entitled to recover from the unsuccessful party reasonable attorney fees, costs, and necessary disbursements in addition to any other relief to which the prevailing party may be entitled.

25. Notices
Notices sent to either party shall be effective when delivered in person or transmitted by telecopier ("fax") machine, five (5) days after being sent by overnight courier, or ten (10) days after being sent by first class mail postage prepaid to the address as a party may give notice. A facsimile of this Contract and notices generated in good form by a fax machine (as well as a photocopy thereof) shall be treated as "original" documents admissible into evidence unless a document's authenticity is genuinely placed in question.



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