1
EXHIBIT 10.32
[*] Confidential treatment has been requested for certain portions of this
exhibit.
PLATINUM TERM CONTINUATION RIDER
Congratulations. Your performance and commitment to the success of Xxxxxxxxx.xxx
enables you to move forward and enjoy the highest standard of service we offer
our family of accredited motor vehicle dealers.
This Platinum Term Continuation Rider ("Rider") agreement is entered into by and
between Xxxxxxxxx.xxx, a Delaware Corporation, with its principal place of
business at 00000 XxxXxxxxx Xxxx., Xxxxxx, Xxxxxxxxxx 00000 ("ABT" or "us" or
"we") and [legal name], a(n) [state] with its principal place of business at
[address], (Dealer" or "you" or "Your"). This Rider amends the Gold Term
Subscription Agreement ("Agreement") entered into between ABT and Dealer on
[date].
This Rider shall supersede and prevail over any inconsistent term, provision, or
condition of the Agreement or any other related Agreement. This amendment
incorporates provisions that were expressly negotiated by the parties. In
consideration of the following mutual promises and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, ABT
and Dealer, on their own behalf and on behalf of each of their d.b.a.
operation(s), intending to be legally bound hereby, amended the Agreement is as
follows:
SECTION I (12)(2) IS AMENDED AS FOLLOWS:
12. You agree to maintain an Overall Satisfaction Index (OSI) score as
measured by ABT at a level that is within the top 25% of your region
when measured against comparable make dealers in your PMA. OSI is a
quarterly scoring method which measures and ranks performance by
comparing Dealer's average Purchase Request contact ratio, actual sales
completed from Purchase Requests provided, the number of finance
transactions completed through ABT and customer service ratings as
provided by customer surveys, with those of other similarly situated
dealers within a region. You further agree to maintain an ABT
Satisfaction Index Performance (ABTSSI) level of eighty (80%) or better
but in no event shall your performance rating be less than the regional
average for all participating ABT subscribed dealers.
SECTION I (14) IS AMENDED AS FOLLOWS:
TERM & TERMINATION: This Agreement shall be for a term of Five (5) years,
unless terminated earlier pursuant to this section. During the term of this
agreement:
(A) ABT MAY TERMINATE THIS AGREEMENT:
1. except as otherwise stated herein, immediately for any breach
of this Agreement by you which is not cured within fifteen
(15) days after you receive written notice of the breach from
us;
2. immediately if any fees due ABT under this Agreement are
unpaid and outstanding more than thirty (30) days after ABT
makes a written request for payment;
3. immediately, if Dealer is guilty of willful misconduct in the
performance of its duties under this Agreement; or
4. immediately upon a finding of dealer's violation of State or
Federal law or conviction for such violation, whether
administratively, civilly, or criminally;
5. immediately, if an order for liquidation against you is
entered and not stayed in a bankruptcy proceeding;
6. upon ninety (90) days' written notice to you regarding poor
overall performance, including but not limited to such areas
as unsatisfactory Purchase Requestor contact rates, and poor
overall satisfaction index score unless Dealer provides
satisfactory proof that the situation complained of has been
cured within this ninety (90) day period.
(B) DEALER MAY TERMINATE THIS AGREEMENT:
1. immediately, if an order for liquidation against ABT is
entered and not stayed in a bankruptcy proceeding;
2. immediately, if ABT is guilty of willful misconduct in the
performance of its duties under this Agreement; or
3. upon sixty (60) days written notice to ABT in accordance with
the notice provisions of this agreement. Upon your voluntary
termination, you shall be responsible for all fees due to ABT
up to and including the effective date of said termination.
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SECTION I (17) IS ADDED AS FOLLOWS:
17. COURTESY ROUTING: Occasionally ABT may route a Purchase Requester to
Dealer from an area outside Dealers PMA. This may occur for a variety of
reasons including but limited to the lack of a subscribed dealer in the
Purchase Requesters area, customer satisfaction or other reason
determined by ABT in our sole discretion warrants such a routing. Dealer
agrees to accommodate such courtesy routings under the terms of this
agreement as though provided from within their PMA. Dealer understands
that courtesy routings are at the sole discretion of ABT. ABT makes no
guarantee as to the quantity, originating location and duration Dealer
may expect during the term of this agreement.
SECTION I (18) IS ADDED AS FOLLOWS:
18. MONITORED GROWTH AREAS: ABT reserves the right to determine
monitored growth areas when determining Primary Market Areas. A
Monitored Growth Area is defined as a designated PMA where ABT has
determined the potential for full value is insufficient at the present
time to warrant a dedicated subscribing dealer. Dealer may, but is not
guaranteed, the ability to temporarily service a monitored growth area
contiguous to Dealer's PMA if one exists. ABT in our sole discretion may
charge an additional monthly fee for such Monitored Growth Area. If
assigned a monitored growth area, Dealer agrees to service such an area
under the same terms and conditions as set forth and agreed to under
Dealer's contracted PMA.
SECTION II (5) IS AMENDED AS FOLLOWS:
5. You will at all times during this term employ at least one full-time
employee to be responsible for the new vehicle program and at least one
full-time employee to be responsible for the Certified Pre-Owned
CyberStore(R) program. This person(s) will be empowered to act as a liaison
between ABT and Dealer. This person(s) shall be referred to as the "ABT
Manager." Dealer shall, at all hours of dealership sales operation, insure a
qualified ABT Manager is on premises and capable of processing any Purchase
Requests provided to Dealer by ABT. You promise to notify us in writing
within ten (10) days with the identity of any newly designated ABT Manager.
In the event dealer does not have a qualified ABT Manager on premises, for
any reason, ABT reserves the right to re-route any Purchase Request to the
Qualified ABT subscribing dealer closest to the Purchase Requestor, offering
the same make. You will make your ABT Manager(s) available to us for basic
and advanced training offered by ABT from time to time. ABT shall reserve
for Dealer, free of tuition costs, two (2) seats per franchise per year for
ABT Managers to attend an ABT-U Basic Training Course. Additional seats for
the basic training may be purchased at a cost of [ ] per seat. Advanced
certification courses will be made available to Dealer form time to time at
an additional cost. Dealer's participation in these advanced programs is
voluntary. Dealer will insure that each ABT Manager will attend at least one
ABT-U Basic training course each year during the term of this agreement.
Dealer understands that ABT will not forward Purchase Requests under this
agreement until such time as all ABT-U Basic Training has been completed by
the qualified ABT manager(s). Until such time as Dealer's compliance with
this term has been confirmed by ABT, ABT is hereby granted express authority
and permission to re-route any Purchase Requests received from Dealers PMA
to the nearest qualified ABT subscribing dealer for the subject vehicle
make, without prior notice to Dealer.
SECTION II (6) IS AMENDED AS FOLLOWS:
6. You will establish an exclusive department within your dealership wherein
the ABT Manager(s) may perform his/her/their duties under this agreement.
Until such time as Dealer's compliance with this term has been confirmed by
ABT, ABT is hereby granted express authority and permission to re-route any
Purchase Requests received from Dealers PMA to the nearest qualified ABT
subscribing dealer for the subject vehicle make, without prior notice to
Dealer.
SECTION II (12) IS AMENDED AS FOLLOWS:
12. NEW VEHICLE EXCLUSIVE PRIMARY MARKET ASSIGNMENT ("PMA"):: You have been
assigned an exclusive market area for the subscribed new vehicle franchises
of ________, ________, _______, _______ in accordance with the market
representation study and plan conducted [date of last study]. This exclusive
area effects new vehicle Purchase Requests only. The U.S. Postal Code
description of this PMA assignment is set forth in Exhibit "A" attached to
this agreement and incorporated herein by this reference as though fully set
forth. ABT has sole and complete authority to define your PMA. Your
exclusive PMA will remain in effect for at least twelve-(12) months without
adjustment. ABT reserves the right to conduct periodic market representation
studies of your PMA. ABT in their sole discretion may use the results of
these studies to evaluate the market value of your PMA as well as your
ability to service Purchase Requests received in your PMA. In no event shall
such a study be conducted within six (6) months of any prior study within
Dealer's designated market area (DMA). Except for rural areas, ABT will
perform such studies for an entire DMA, which shall effect all similar
franchised dealers concurrently. ABT reserves the rights to conduct a single
market area study in rural areas which may effect a single dealer location
only. ABT reserves the right to adjust your PMA as necessary following such
studies. Changes in Dealers PMA as a result of these studies
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shall be implemented Three (3) months following the date the study was
conducted. ABT promises to provide you with not less than thirty- (30) days
written notice of the pending change and the effective date. Following such
PMA changes, Dealer's adjusted PMA shall remain in effect and shall not be
adjusted unless as a result of a subsequent market representation study is
completed for the DMA. [ABT retains the right to market and use its programs
and services for similar make dealers in all areas other than your PMA, and
within your PMA for all makes of motor vehicles not subscribed to by you.]
SECTION II (12) IS AMENDED AS FOLLOWS:
12. You agree to update, on a weekly basis, your sales data in the Dealer
Real Time System indicating the number and names of Potential Purchasers who
purchased or leased vehicles from you though our system. You agree to
include in your data, the number of those vehicles financed and amount of
the financed and such other related data as may from time to time be
requested. You further agree to accurately disclose in your weekly report,
data reflecting your cost of sale for each vehicle sold through the ABT
program as well as the cost of sale for all vehicles sold by means other
than ABT. All such information provided shall remain strictly confidential
and shall be used solely by ABT in evaluating your overall performance.
SECTION II (21) IS AMENDED AS FOLLOWS:
21. ABT ACCEPTANCE CORPORATION PRE-APPROVED FINANCING: To accommodate
Purchase Requestors who are pre-approved for financing though ABTAC's lenders
and to participate in the financial rewards offered by these financing
programs, you will apply for a dealer participation agreement and receive
approval from each ABTAC approved lender. You agree to maintain each of these
financing arrangements throughout the remaining term of this agreement. You
agree to honor the following commitments to our financing program:
1. You will participate in good faith by accepting ABTAC arranged
financing currently available and for programs that may be added in
the future.
2. You agree too fully complete lender participation agreements, if
required by our lenders, within ten (10) working days from receipt.
3. You will to maintain an average loan-closing ratio of at least 10%
of those loans pre-approved during the term of this subscription.
4. You agree that during the term of this agreement you will re-solicit
for an application to ABTAC finance programs, any non-credit
Purchaser Requesters forwarded to you by ABT.
5. You promise you or any one in your employment will not intentionally
disparage or otherwise mislead customer as to the terms and
conditions of our Financing Arrangements.
6. When a Purchase Requestor has been pre-approved at the Lender's
prevailing buy rate for our financing, you promise that you will not
actively solicit the Purchase Requestor to convert from our
pre-approved financing to an independently promoted loan program
offered through your dealership.
ABT, in many cases, has arranged for you to be compensated for your
participation in ABTAC arranged financing programs. This compensation, if
available, will come directly from the lender and not ABT or ABTAC. Any
disagreement regarding the terms and conditions of a lender's Participation
Agreement shall be dealt with between you and the lender. Neither ABT nor
ABTAC makes any guarantee that you will receive compensation from any
Lender. ABTAC uses its best efforts to negotiate advantageous terms for our
subscribing dealers and will, from time to time, add or delete lenders,
including banks, credit unions, thrift and loans and other sources to
benefit you and the Purchase Requestor.
SECTION II (22) IS AMENDED AS FOLLOWS:
22. CERTIFIED PRE-OWNED CYBERSTORE(R) PARTICIPATION: Throughout the term of
this agreement, dealer agrees to actively participate in the Certified
Pre-Owned Cyberstore(R) program. Dealer hereby agrees to honor the terms and
conditions of this program as set forth separately in Appendix "B" attached
to this agreement and incorporated herein by this reference.
SECTION II (23) IS AMENDED AS FOLLOWS:
23. AFTERMARKET ACCESSORIES: Throughout the term of this agreement, you
agree to actively participate in our Aftermarket Accessory program for an
additional charge of [ ] dollars per Purchase Request wherein aftermartket
accessory items are requested. The terms and conditions of your
participation in this program are set forth separately in Appendix "C"
attached to this agreement and incorporated herein by this reference as
though fully set forth.
SECTION II (24) IS AMENDED AS FOLLOWS:
24. COMPENSATION TO ABT: As consideration for the business opportunities and
promises we have made to you in this Agreement, you promise to pay ABT a
monetary fee comprised of an initial start-up fee and a monthly subscription
fee. The amount of fees charged for your subscription is determined by
several factors, including but not limited to your geographical location,
the franchise make of vehicle you offer through this
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subscription, population concentrations, per capita vehicle registrations
for your PMA, and ABT's Seasonal Annual Adjusted Rate (SAAR) percentage
share of national retail vehicle sales for the year in question.
ABT shall review such factors at twelve (12) month intervals to determine
the value of the services being provided to you. ABT, in our sole
discretion, may change the fee charged to you upon thirty- (30) days written
notice. However, in no event shall more than one (1) such fee change take
place within a twelve (12) month period.
The subscription fee(s) you hereby promise to pay as of the date of this
agreement is
[WrittenAMTInFee] Dollars ($[InFee]) as a total MONTHLY SUBSCRIPTION
FEE, Which is due and payable in advance on the first day of every
calendar month. The total monthly amount due shall be allocated as
follows:
DRT Access Fee, $150.00; Certified Pre-Owned CyberStore(R),
[UCCSMoFee]; [Make], [MoMakeFee] [Make1] [MoMkFee1] [Make2]
[MoMkFee2] [Make3] [MoMkFee3] [Make4] [MoMkFee4] [Make5]
[MoMkFee5] [Make6] [MoMkFee6] [Make7] [MoMkFee7]
All fees paid to ABT under this agreement are deemed earned upon the
execution of this agreement or delivery of services whichever occurs
first. All fees paid to ABT are non-refundable regardless of
circumstances. Payments received more than thirty (30) days following
the invoice date shall be subject to a late fee of $25.00 and shall
incur interest charges on the balance due at an annual percentage rate
of eighteen (18.0%) percent per annum.
EXCEPT TO THE EXTENT THEY ARE INCONSISTENT WITH THE PROVISIONS OF THIS RIDER,
ALL OTHER SECTIONS OF THE AGREEMENT SHALL REMAIN UNCHANGED.
This Agreement is executed this ________day of __________________________, 1999.
DEALER: [LEGAL NAME]
By:_________________________________
Name: [Auth Agnt]
Title: [Title]
XXXXXXXXX.XXX
By: _________________________________
Name: Xxx Xxxxxxxxxx
Title: Chief Operating Officer
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APPENDIX "B"
CERTIFIED PRE-OWNED CYBERSTORE(R) ELECTION
The undersigned Dealer elects to participate in the Certified Pre-Owned
CyberStore(R) services program and agrees to the following terms and conditions,
in addition to those set forth in the Term Subscription Agreement:
1. CUSTOMER SERVICE GUIDELINES
Dealer agrees to abide by Certified Pre-Owned CyberStore Customer
Service Guidelines ("Guidelines") ABT in their sole discretion may, from time to
time, amend the Guidelines, or impose additional Guidelines on thirty (30) days'
notice to Dealer. Dealer acknowledges that following the Guidelines is crucial
to the value of ABT's services and agrees to follow them and any amendments or
additions to it even though they may require extra work or expense. The
Guidelines include the following:
(i) Limited Warranty: Dealer will warranty all vehicles sold through the
Certified Pre-Owned CyberStore. The warranty coverage will not be less favorable
to the purchaser than the law of the where Dealer is located, and as a minimum
will be: "Three months or 3,000 miles, whichever comes first." The warranty will
cover all matters governed by applicable law and by the form of the attached
Warranty. Dealer will indemnify ABT for any third party claims arising under any
warranty.
(ii) Vehicle Pricing: Dealer will provide prices ("Posted Prices") and
vehicle information for display on the ABT Website of all Vehicles posted to the
Certified Pre-Owned CyberStore. Dealer agrees to price Vehicles competitively
within the market region in which they are located. Dealer, and not ABT, shall
be solely responsible for the quality and accuracy of such information. ABT
reserves the right to monitor the quality of the photos and information
submitted. Dealer shall promptly correct any information or photo(s) deemed by
ABT to be inaccurate or below necessary quality levels set forth in Section 5.
If Dealer fails to correct such photo image(s) or information within 72 hours of
ABT's written notification thereof, ABT may remove the photo image(s) and/or
information from its website.
(iii) Vehicle Return Policy: Except where expressly prohibited by law,
Dealer will offer, in writing, a return option allowing a purchaser to return a
Vehicle to Dealer within 72 hours or 300 miles, whichever comes first. Provided
there has been no damage to the Vehicle, Dealer will refund 100% of the amount
paid by the purchaser to the Dealer for the Vehicle. Dealer will provide each
purchaser the name and phone number of the Dealer employee to contact to
exercise the repurchase option. Dealer will facilitate the purchaser's exercise
of the option in good faith, and will use its best efforts to maximize the
purchaser's satisfaction with the repurchase experience. Dealer agrees to refund
all amounts due to the purchaser within five business days.
(iv) Out of Area Repairs: Dealer will participate in the emergency
repair system established by ABT. During the warranty period, the emergency
repair system allows a purchaser of a Certified Pre-Owned CyberStore Vehicle who
is more than 100 miles from their residence and encounters a situation where the
vehicle is not operational (i.e. cannot be driven), to contact the nearest
Certified Pre-Owned CyberStore Dealer (the "Repairing Dealer") and have the
Repairing Dealer perform any warranted service or repair. The repairing Dealer
will contact the dealership where the purchaser acquired its Vehicle (the
"Selling Dealer") and obtain an irrevocable Repair Order (an "R.O.") from the
Selling Dealer authorizing the repair the vehicle. For other covered items other
than those that disabled the vehicle, the owner should return to the Selling
Dealer. In the interest of customer satisfaction and improved inter-dealer
relations, the resulting R.O. will be calculated on an internal basis of "cost
plus 25%" for parts and labor in all states, except for those states with higher
mandates, in which states the applicable law will govern. In the event of a
"major" repair (i.e. engine or transmission), the Selling Dealer will have the
option of providing alternate transportation to the customer, retrieving the
affected unit, and repairing the Vehicle at the Selling Dealer's service
location.
2. DIGITAL IMAGES: Dealer may publish an unlimited number of vehicles (images)
on the Certified Pre-Owned CyberStore. For each vehicle, Dealer shall
publish one digital image together with relevant information in accordance
with the Agreement. Dealer in accordance with the Specifications shall
produce such images and guidelines set forth in Section 5 below.
3. DIGITAL CAMERAS: ABT shall provide the dealer for their use, a Digital
Camera. In the event Dealer shall cancel this subscription before the sixth
(6th) month anniversary and only in such event, Dealer shall promptly pay
ABT the sum of [ ] in exchange for such camera. ABT will not accept a
return of the camera in lieu of such payment unless the camera is returned,
unused with its original packaging in tact.
4. SPECIFICATIONS AND GUIDELINES: All vehicle images shall (i) contain the
vehicle as the sole subject matter of the image, and shall not contain any
people, images of people, graphics, photos, artwork, overlays, signs,
numbers, banners, balloons or any form of visual advertisement, or any
other image that would have the effect of distracting from the vehicle;
(ii) be side or angular photographs; and (iii) be true and correct images
of the vehicle, without retouching, modification, manipulation or
enhancement.
Accepted: [Legal Name]
Dealer Principal:_________________________________________ Date:________________
[Auth Agnt]
[Title]
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ATTENTION DEALER: THIS IS A SUGGESTED SAMPLE USED VEHICLE BUYERS GUIDE FORM.
PLEASE USE FTC APPROVED FORMS THAT INCLUDE ALL STATE-MANDATED DISCLOSURES, ETC.
FRONT SIDE OF FORM
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LIMITED WARRANTY
FULL X LIMITED WARRANTY.
----- ---
The dealer will pay 100% of the labor and 100% of the parts for the covered
systems that fail during the warranty period. See reverse side of this form for
the explanation of warranty coverage, exclusions, and the dealer's repair
obligations.
SYSTEMS COVERED: Duration:
Engine Power steering 90 days or 3000 miles
Transmission Power brakes whichever occurs first.
Transaxle Air Conditioning
Drive line Electrical Rear end
*See below for systems and parts coverage.
Travel Repair Provision. A vehicle purchased through the Certified Pre-Owned
CyberStore(R) that becomes inoperative when traveling over 100 miles from the
originating dealer will be eligible for repair at Xxxxxxxxx.xxx accredited
dealerships. Travel repair service will be available throughout the U.S. and
Canada via the Xxxxxxxxx.xxx accredited dealer network. On major repairs, the
selling dealer has the option of providing the customer with alternate
transportation and repairing the unit at the selling dealer's location. A
vehicle that is non-operational will be repaired sufficiently to return to the
originating dealer where additional repairs can be completed. To take advantage
of the Travel Repair Provision, customers may contact the originating dealer who
will direct them to the nearest Xxxxxxxxx.xxx accredited dealership, or inquire
through the Xxxxxxxxx.xxx website for instructions and directions:
XXX.XXXXXXXXX.XXX. PLEASE NOTE: Appearance and convenience items will not be
covered by the Travel Repair Provision, nor will light bulbs, fuses, alignments,
adjustments, switches, oil filters, and other maintenance items. Failure to
strictly comply with the terms and conditions of this limited warranty will
cause this limited warranty to become null & void.
SERVICE CONTRACT. A service contract is available at an extra charge on this
vehicle. Ask Your Dealer for details as to coverage, deductible, price, and
exclusions.
PRE PURCHASE INSPECTION: Ask the dealer if You may have this vehicle inspected
by Your mechanic either on or off the lot.
-------------- -------- --------------------- --------- ---------------
vehicle make model dealer stock number year vin number
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BACK SIDE OF FORM
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FULL X LIMITED WARRANTY.
----- ---
The dealer will pay 100% of the labor and 100% of the parts for the covered
systems that fail during the warranty period. The following is the entire
representation of coverage; no other systems or parts are suggested or implied.
State law may give you additional rights.
Systems Covered: Parts Covered:
Engine: All internally lubricated parts including timing chains, gears and
cover, timing belt, pulleys and cover, oil pump and gears, water pump, valve
covers, oil pan, manifolds, flywheel, harmonic balancer, engine mounts seals and
gaskets, engine block, cylinder heads and turbocharger housing if damaged by the
failure of internally lubricated parts.
Transmission/Transfer Case: All internally lubricated parts, torque converter,
vacuum modulator, transmission mounts, seals and gaskets. (Manual clutch
assembly and component parts are not covered)
Front wheel Drive: All internally lubricated parts, axle shafts, output shafts,
and constant velocity joints, front hub bearings, seals and gaskets.
Rear wheel Drive: All internally lubricated parts, propeller shafts, supports
and U-joints, drive shafts, axle shafts and bearings, seals and gaskets.
Brakes: Master cylinder, power booster, wheel cylinders, calipers, hydraulic
lines and fittings. (ABS component parts are not covered.)
Steering: Steering gear housing and all internal parts, power steering pump,
valve body and rack.
Electrical: Alternator, generator, and starter.
Air Conditioner Compressor, evaporator core, condenser.
ALL SYSTEMS AND PARTS LISTED ABOVE ARE COVERED 90 DAYS
FROM PURCHASE OR 3000 MILES, WHICHEVER OCCURS FIRST.
NOTE: This Agreement is exclusively between the selling dealer and the customer.
By accepting this Limited Warranty, Customer agrees to release xxxxxxxxx.xxx
inc. from all obligations with respect to the acquisition, service, or repair of
the covered vehicle. Customer's failure to strictly adhere to the terms and
conditions of this Limited Warranty shall result in loss of coverage.
---------------------------------------- ------------------------------------
Xxxxxxxxx.xxx Accredited Dealer/Date Customer Signature/Date
--------------------------------------------------------------------------------
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135 POINT CERTIFIED PRE-OWNED CYBERSTORE(R) VEHICLE CHECKLIST
==================================================================================================================
ADDRESS/LOCATION:
==================================================================================================================
YR: MAKE: MODEL: BODY TYPE: ENGINE: 4 6 8 CYL TRANS:
------------------------------------------------------------------------------------------------------------------
VIN: COLOR: LICENSE PLATE NO: MILEAGE:
==================================================================================================================
CIRCLE OPTIONS: WHEELS:
RADIO: AM/FM CASSETTE EQUALIZER CD CUSTOM:___________________ ALLOY CUSTOM:______________
------------------------------------------------------------------------------------------------------------------
INTERIOR: VINYL CLOTH LEATHER AIR BAGS 1 OR 2 SUN ROOF AIR CONDITION: YES NO
------------------------------------------------------------------------------------------------------------------
POWER: WINDOWS LOCKS SEATS STEERING BRAKES/ABS TILT CRUISE REAR DEFROSTER
------------------------------------------------------------------------------------------------------------------
MAINTENANCE ITEMS: MECHANICAL AREA: OK OR DESCRIBE DAMAGE CIRCLE DOLLAR
ONE
==================================================================================================================
ENGINE OIL LOW DIRTY STARTING Repair $
BURNED LEAKS Replace
------------------------------------------------------------------------------------------------------------------
TRANS FLUID LOW DIRTY ENGINE Repair $
BURNED LEAKS Replace
------------------------------------------------------------------------------------------------------------------
BRAKE FLUID LOW DIRTY TRANSMISSION Repair $
BURNED LEAKS Replace
------------------------------------------------------------------------------------------------------------------
COOLANT LOW XXXXX DRIVE LINE Repair $
BURNED LEAKS Replace
------------------------------------------------------------------------------------------------------------------
PWR STEERING LOW DIRTY STEERING Repair $
BURNED LEAKS Replace
------------------------------------------------------------------------------------------------------------------
BATTERY CORRODED BRAKES 50% LINING Repair $
LOW CHARGE Replace
------------------------------------------------------------------------------------------------------------------
BELTS SERPENTINE CLIMATE CONTROL Repair $
WORN Replace
------------------------------------------------------------------------------------------------------------------
HOSES WORN SUSPENSION Repair $
Replace
==================================================================================================================
BODY AREA: OK OR DESCRIBE CIRCLE ONE DOLLAR ELECTRICAL OK OR DESCRIBE CIRCLE DOLLAR
DAMAGE AREA: DAMAGE ONE
==================================================================================================================
WINDSHIELD Repair $ TAIL Repair $
Replace LIGHTS Replace
------------------------------------------------------------------------------------------------------------------
HOOD / COWL Repair $ PARKING Repair $
Replace LIGHTS Replace
------------------------------------------------------------------------------------------------------------------
GRILL Repair $ TURN Repair $
Replace SIGNALS Replace
------------------------------------------------------------------------------------------------------------------
FRONT BUMPER Repair $ INTERIOR Repair $
Replace LIGHTS Replace
------------------------------------------------------------------------------------------------------------------
REAR BUMPER Repair $ HORN Repair $
Replace Replace
------------------------------------------------------------------------------------------------------------------
HEADLIGHT ASSY'S Repair $ POWER Repair $
Replace WINDOWS Replace
------------------------------------------------------------------------------------------------------------------
RIGHT FENDER Repair $ POWER Repair $
Replace LOCKS Replace
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RIGHT SIDE GLASS Repair $ POWER Repair $
Replace SEATS Replace
------------------------------------------------------------------------------------------------------------------
RIGHT DOORS Repair $ MEMORY Repair $
Replace SEAT Replace
------------------------------------------------------------------------------------------------------------------
RIGHT QUARTER Repair $ POWER Repair $
Replace MIRROR Replace
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REAR GLASS Repair $ MEMORY Repair $
Replace MIRROR Replace
------------------------------------------------------------------------------------------------------------------
DECK LID Repair $ RADIO Repair $
Replace AM/FM Replace
------------------------------------------------------------------------------------------------------------------
LEFT QUARTER Repair $ TAPE Repair $
Replace PLAYER Replace
------------------------------------------------------------------------------------------------------------------
LEFT DOORS Repair $ CD Repair $
Replace PLAYER Replace
------------------------------------------------------------------------------------------------------------------
LEFT SIDE GLASS Repair $ CLOCK Repair $
Replace Replace
------------------------------------------------------------------------------------------------------------------
LEFT FENDER Repair $ KEYLESS Repair $
Replace ENTRY Replace
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ROOF Repair $ ANTI-THEFT Repair $
Replace Replace
------------------------------------------------------------------------------------------------------------------
WHEELS / COVERS Repair $ WINDSHIELD Repair $
Replace Replace
------------------------------------------------------------------------------------------------------------------
TIRES 5/32" TREAD Repair $ WINDSHIELD Repair $
Replace WIPER Replace
------------------------------------------------------------------------------------------------------------------
SPARE TIRE W/XXXX Repair $ HOOD Repair $
Replace RELEASE Replace
------------------------------------------------------------------------------------------------------------------
FRONT/REAR SEATS Repair $ TRUNK Repair $
Replace RELEASE Replace
------------------------------------------------------------------------------------------------------------------
INTERIOR/DASH Repair $ GAS Repair $
Replace DOOR Replace
------------------------------------------------------------------------------------------------------------------
EXTERIOR PAINT Repair $ SPEEDOMETER Repair $
Replace Replace
------------------------------------------------------------------------------------------------------------------
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OTHER: Repair $ ODOMETER Repair $
Replace Replace
==================================================================================================================
CIRCLE CHOICE: TOTAL: $
THIS VEHICLE ------ WAS/WAS NOT TEST DRIVEN OVERALL CONDITION: GOOD FAIR POOR
==================================================================================================================
APPENDIX "C"
AFTERMARKET ACCESSORY OPTION ACCEPTANCE AGREEMENT
SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN SECTION (E) OF THE PLATINUM
TERM CONTINUATION SUBSCRIPTION AGREEMENT BETWEEN AUTOBYTEL SERVICES CORPORATION
AND [LEGAL NAME], AGREES AS FOLLOWS:
1. ABT shall provide a marketing venue whereby dealer may offer for
sale available optional equipment, service warranties, or other
accessories applicable to the vehicle described in a particular
Purchase Request;
2. Dealer shall be responsible for listing, updating and refreshing the
data listing the available accessories;
3. Dealer shall compensate ABT $______ for each purchase request
containing a request for Aftermarket Accessories, regardless of the
manufacturer or supplier of the accessory. Said amount is due to ABT
upon tender of the valid Purchase Request, regardless of whether an
actual sale of said vehicle or accessory(s) resulted from such
request. ABT shall credit dealer for invalid Purchase Requests which
are defined as Purchase Requests containing bogus names, phone
number or e-mail address creating a physical inability to contact
the Purchase Requester. Credits shall also be granted for duplicate
Purchase Request from the same person for the same vehicle type. All
credits shall be applied as a offset for any amounts due and payable
under the Aftermarket program for the month immediately following
the month in which the request for credit is received.
Acknowledged and accepted: [LEGAL NAME]
Dealer Principal:_________________________________________ Date:________________
[Auth Agnt]
[Title]
10
135 POINT CERTIFIED PRE-OWNED VEHICLE CHECKLIST
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ADDRESS/LOCATION:
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YR: MAKE: MODEL: BODY TYPE: ENGINE: 4 6 8 CYL TRANS:
------------------------------------------------------------------------------------------------------------------
VIN: COLOR: LICENSE PLATE NO: MILEAGE:
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CIRCLE OPTIONS: RADIO AM/FM CASSETTE EQUALIZER CD WHEELS: ALLOY
------------------------------------------------------------------------------------------------------------------
INTERIOR: VINYL CLOTH LEATHER AIR BAGS 1 OR 2 SUN ROOF AIR CONDITION: YES NO
------------------------------------------------------------------------------------------------------------------
POWER: WINDOWS LOCKS SEATS STEERING BRAKES/ABS TILT CRUISE REAR DEFROSTER
------------------------------------------------------------------------------------------------------------------
MAINTENANCE ITEMS: MECHANICAL AREA: OK OR DESCRIBE DAMAGE CIRCLE DOLLAR
ONE
==================================================================================================================
ENGINE OIL LOW DIRTY STARTING Repair $
BURNED LEAKS Replace
------------------------------------------------------------------------------------------------------------------
TRANS FLUID LOW DIRTY ENGINE Repair $
BURNED LEAKS Replace
------------------------------------------------------------------------------------------------------------------
BRAKE FLUID LOW DIRTY TRANSMISSION Repair $
LEAKS Replace
------------------------------------------------------------------------------------------------------------------
COOLANT LOW XXXXX DRIVE LINE Repair $
LEAKS Replace
------------------------------------------------------------------------------------------------------------------
PWR STEERING LOW DIRTY STEERING Repair $
LEAKS Replace
------------------------------------------------------------------------------------------------------------------
BATTERY CORRODED BRAKES 50% LINING Repair $
LOW CHARGE Replace
------------------------------------------------------------------------------------------------------------------
BELTS SERPENTINE CLIMATE CONTROL Repair $
WORN Replace
------------------------------------------------------------------------------------------------------------------
HOSES WORN SUSPENSION Repair $
Replace
==================================================================================================================
BODY AREA: OK OR DESCRIBE CIRCLE ONE DOLLAR ELECTRICAL OK OR DESCRIBE CIRCLE DOLLAR
DAMAGE AREA: DAMAGE ONE
==================================================================================================================
WINDSHIELD Repair $ TAIL Repair $
Replace LIGHTS Replace
------------------------------------------------------------------------------------------------------------------
HOOD / COWL Repair $ PARKING Repair $
Replace LIGHTS Replace
------------------------------------------------------------------------------------------------------------------
GRILL Repair $ TURN Repair $
Replace SIGNALS Replace
------------------------------------------------------------------------------------------------------------------
FRONT BUMPER Repair $ INTERIOR Repair $
Replace LIGHTS Replace
------------------------------------------------------------------------------------------------------------------
REAR BUMPER Repair $ HORN Repair $
Replace Replace
------------------------------------------------------------------------------------------------------------------
HEADLIGHT ASSY'S Repair $ POWER Repair $
Replace WINDOWS Replace
------------------------------------------------------------------------------------------------------------------
RIGHT FENDER Repair $ POWER Repair $
Replace LOCKS Replace
------------------------------------------------------------------------------------------------------------------
RIGHT SIDE GLASS Repair $ POWER Repair $
Replace SEATS Replace
------------------------------------------------------------------------------------------------------------------
RIGHT DOORS Repair $ MEMORY Repair $
Replace SEAT Replace
------------------------------------------------------------------------------------------------------------------
RIGHT QUARTER Repair $ POWER Repair $
Replace MIRROR Replace
------------------------------------------------------------------------------------------------------------------
REAR GLASS Repair $ MEMORY Repair $
Replace MIRROR Replace
------------------------------------------------------------------------------------------------------------------
DECK LID Repair $ RADIO Repair $
Replace AM/FM Replace
------------------------------------------------------------------------------------------------------------------
LEFT QUARTER Repair $ TAPE Repair $
Replace PLAYER Replace
------------------------------------------------------------------------------------------------------------------
LEFT DOORS Repair $ CD Repair $
Replace PLAYER Replace
------------------------------------------------------------------------------------------------------------------
LEFT SIDE GLASS Repair $ CLOCK Repair $
Replace Replace
------------------------------------------------------------------------------------------------------------------
LEFT FENDER Repair $ KEYLESS Repair $
Replace ENTRY Replace
------------------------------------------------------------------------------------------------------------------
ROOF Repair $ ANTI-THEFT Repair $
Replace Replace
------------------------------------------------------------------------------------------------------------------
WHEELS / COVERS Repair $ WINDSHIELD Repair $
Replace Replace
------------------------------------------------------------------------------------------------------------------
TIRES 5/32" TREAD Repair $ WINDSHIELD Repair $
Replace WIPER Replace
------------------------------------------------------------------------------------------------------------------
SPARE TIRE W/XXXX Repair $ HOOD Repair $
Replace RELEASE Replace
------------------------------------------------------------------------------------------------------------------
FRONT/REAR SEATS Repair $ TRUNK Repair $
11
Replace RELEASE Replace
------------------------------------------------------------------------------------------------------------------
INTERIOR/DASH Repair $ GAS Repair $
Replace DOOR Replace
------------------------------------------------------------------------------------------------------------------
EXTERIOR PAINT Repair $ SPEEDOMETER Repair $
Replace Replace
------------------------------------------------------------------------------------------------------------------
ODOMETER
==================================================================================================================
Circle Choice: This vehicle WAS/ WAS NOT Test Driven Overall Condition: GOOD FAIR POOR TOTAL: $
==================================================================================================================
