Vehicle Return Warranty Terms and Conditions
(Dallas, TX)
1) Definitions
- “Vehicle”: The motor vehicle identified in the Retail Purchase Agreement to which this Addendum is attached.
- “Engine/Transmission Issue”: A non-routine defect or failure in the engine or transmission that manifests within the Warranty Period and is not caused by misuse, abuse, or improper maintenance.
- “Warranty Period”: The period during which the dealer provides this return remedy, as stated below.
- “Return Period”: The number of days after delivery during which the Customer may elect to return the Vehicle due to an Engine/Transmission Issue, as stated below.
- “Return Vehicle”: The Vehicle returned by the Customer in accordance with this Addendum, re-delivered to the Dealer or its designee in substantially the same condition as at delivery, reasonable wear excepted.
2) Warranty Period and Return Right
- The Dealer offers a one-time right to return the Vehicle if an Engine/Transmission Issue is reported and confirmed within [X] days from the Delivery Date, provided the Vehicle has fewer than [Y] miles at the time of delivery.
- The maximum Return Period is [X] days or [Y] miles, whichever comes first.
- The Customer's election to return must be made in writing and delivered to the Dealer within the Return Period.
2A) Mileage Verification by Customer
- When the Customer first detects an Engine/Transmission Issue, the Customer must take clear photographs showing:
- The Vehicle's odometer/mileage reading
- The Customer must provide these mileage photos when reporting the issue to the Dealer as part of the initial claim or return request.
3) Condition for Return
The Engine/Transmission Issue must be confirmed by a qualified mechanic or authorized service provider as a defect in materials or workmanship not resulting from:
- Normal wear and tear, routine maintenance, or insufficient maintenance.
- Misuse, accident, modification, or improper fluids/parts.
- Aftermarket parts or non-dealer repairs that contribute to the issue.
4) Return Process and Fees
- If the Engine/Transmission Issue is confirmed within the Return Period, the Dealer will (a) repurchase the Vehicle from the Customer at the Purchase Price, subject to any allowable adjustments, or (b) exchange the Vehicle for another vehicle currently in Dealer stock of comparable value, as chosen by the Customer, with appropriate disclosures.
- Purchase Price or exchange value will be calculated as the lesser of:
- The price actually paid by Customer at time of purchase (including any applicable taxes and fees).
- The Customer is responsible for returning the Vehicle to the Dealer in substantially the same condition as delivered, reasonable wear excepted. The Dealer may deduct reasonable charges for excess wear, damage beyond normal wear, or mileage beyond the agreed limits.
- The Customer is responsible for all transportation costs associated with returning the Vehicle.
5) Documentation and Disclosures
- The Customer must provide: delivery documents, proof of ownership, maintenance records (if any), mileage photos per Section 2A, and any service reports related to the Engine/Transmission Issue.
- The Dealer will provide a written confirmation of the Engine/Transmission Issue discovery, the Return Decision, and the Refund/Exchange terms.
6) Exclusions
This Return Right does not apply to:
- Vehicles sold “as is” without any warranty, unless stated otherwise in writing.
- Vehicles that have been damaged by abuse, neglect, or improper maintenance after delivery.
- Vehicles with non-engine/transmission defects that are the primary reason for withdrawal if not tied to an Engine/Transmission Issue.
7) Compliance and Disclosures
All terms herein comply with Texas law regarding consumer warranties, including clear disclosure of the Return Right, conditions, and remedies.
8) Relationship to Other Warranties
This Return Right is in addition to any manufacturer warranty or other service contracts, and does not waive rights under those programs except as expressly stated herein.
9) Miscellaneous
- Governing Law: Texas law governs this Addendum.
- Amendments: Any changes must be in writing and signed by both parties.