Purchase Agreement verbiage - NO WARRANTY??? - HELP!

[ves]

Does anyone else have the following verbiage on their Purchase Agreement from Lucid?
"AS IS": I understand that this vehicle is being sold "as is" with all faults and is not covered by any dealer warranty. I understand that the dealer is not required to make any repairs after I buy this vehicle. I will have to pay for any repairs this vehicle will need."

We've been trying for more than a week to get this resolved with our DA to no avail, ugh! Would appreciate any feedback...

 

[Adnillien]

Does anyone else have the following verbiage on their Purchase Agreement from Lucid?
"AS IS": I understand that this vehicle is being sold "as is" with all faults and is not covered by any dealer warranty. I understand that the dealer is not required to make any repairs after I buy this vehicle. I will have to pay for any repairs this vehicle will need."

We've been trying for more than a week to get this resolved with our DA to no avail, ugh! Would appreciate any feedback...

What state are you in? I have not heard anyone else mention this and it seems very odd.

 

[ves]

We think it's very odd and alarming as well! We are in Virginia and I'm not aware of any strange laws re: warranties for new vehicles purchases.

 

[thecodingart]

This is the verbiage in my purchasing agreement as well. Just keep in mind this is around software. This does not imply the car is not under warranty, it provides the ability for the OEM to phase out hardware when software can no longer support it and is fairly normal in almost all modern tech driven vehicles. It also removes certain liability from the OEM knowing that software changes and can be fragile in quality. So if features (like SXM) break, you cannot sue them.

9. No warranties. You expressly agree that use of the software and services is at your sole risk. The software and services are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, lucid, as well as its affiliates, the service providers, all applicable licensors, any underlying wireless carrier, and any applicable suppliers (collectively, the “additional entities”) disclaim any and all warranties including any: (a) warranties that software or services will meet your requirements; (b) warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of the software or services; (c) warranties of title, non- infringement, merchantability, or fitness for a particular purpose; (d) warranties for services or goods received through or advertised or accessed through the software or services; (e) warranties concerning the accuracy or reliability of the results that may be obtained from the use of the software or services; (f) warranties that your use of the software or services will be secure or uninterrupted; and (g) warranties that errors in the software or services will be corrected.

Rest assured, my car has been repaired under warranty a few times following my purchase with no cost to myself. The above is absolutely not something to be alarmed about and you'll find a similar clause when purchasing any EV (or vehicle in general).

Their Vehicle warranty policy is linked out in the agreement to here: https://www.lucidmotors.com/legal.

 

[hydbob]

Does anyone else have the following verbiage on their Purchase Agreement from Lucid?
"AS IS": I understand that this vehicle is being sold "as is" with all faults and is not covered by any dealer warranty. I understand that the dealer is not required to make any repairs after I buy this vehicle. I will have to pay for any repairs this vehicle will need."

We've been trying for more than a week to get this resolved with our DA to no avail, ugh! Would appreciate any feedback...

Can you post the whole section?

 

[ves]

The "AS IS" paragraph is listed directly PP #17 (severability).

 

[ves]

This is the verbiage in my purchasing agreement as well. Just keep in mind this is around software. This does not imply the car is not under warranty, it provides the ability for the OEM to phase out hardware when software can no longer support it and is fairly normal in almost all modern tech driven vehicles. It also removes certain liability from the OEM knowing that software changes and can be fragile in quality. So if features (like SXM) break, you cannot sue them.



Rest assured, my car has been repaired under warranty a few times following my purchase with no cost to myself. The above is absolutely not something to be alarmed about and you'll find a similar clause when purchasing any EV (or vehicle in general).

Their Vehicle warranty policy is linked out in the agreement to here: https://www.lucidmotors.com/legal.

Thank you for your feedback. It seems like the "as is" paragraph does not relate to software. It appears after paragraph #17 (severability) and right above "buyer's signature". It's a separate paragraph with bold font. Do you have the exact verbiage on yours that appears after paragraph #17 (severability) and above the buyer's signature box?

 

[thecodingart]

Thank you for your feedback. It seems like the "as is" paragraph does not relate to software. It appears after paragraph #17 (severability) and right above "buyer's signature". It's a separate paragraph with bold font. Do you have the exact verbiage on yours that appears after paragraph #17 (severability) and above the buyer's signature box?

There's only 1 mention of the exact phrasing to "as is" in my contract and it's from the paragraph posted above. I echo @hydbob here in requesting if you could post the entire section.

 

[hydbob]

Thank you for your feedback. It seems like the "as is" paragraph does not relate to software. It appears after paragraph #17 (severability) and right above "buyer's signature". It's a separate paragraph with bold font. Do you have the exact verbiage on yours that appears after paragraph #17 (severability) and above the buyer's signature box?

That was not in my PA.

 

[BobFM]

Just looked back in my purchase docs and it's important to note that language is in the Lucid End User License Agreement, not the purchase agreement. It's software focused. For the car warranty, there is a section in your Order Terms and Conditions...

7. Limited Warranty
You will receive a copy of the Lucid New Vehicle Limited
Warranty (“Warranty”) with your Vehicle. You can also find the
warranty on our website www.lucidmotors.com/legal or you
can request a written copy by writing to Lucid USA, Inc., 7373
Gateway Boulevard, Newark, California 94560, Attn: Legal Dept.

 

[Coltonw011]

It’s not in my PA either. I suggest going to lucidmotors.com/legal and you can pull the warranty from there if you haven’t already.

Edit: I just pulled this from a quick Virginia law google search. PLEASE DO YOUR OWN RESEARCH. But from what it states, this clause is added to USED vehicles being sold at retail cost. @ves

Title 46.2. Motor Vehicles

law.lis.virginia.gov

 

[borski]

It’s not in my PA either. I suggest going to lucidmotors.com/legal and you can pull the warranty from there if you haven’t already.

Edit: I just pulled this from a quick Virginia law google search. PLEASE DO YOUR OWN RESEARCH. But from what it states, this clause is added to USED vehicles being sold at retail cost. @ves

Title 46.2. Motor Vehicles

law.lis.virginia.gov

Yes, the “as is” language is mostly used for used car sales, but that’s not what’s happening here.

I echo the requests to post either the entire agreement or at least the entire section that @ves pulled that clause from; without context, it is impossible to ascertain what that may be related to, and it reads like a paraphrase.

 

[BobFM]

I'm virtually certain that @ves is referencing language from the End User License Agreement, not the main vehicle purchase agreement. Just one of the many docs we all had to sign. That document is all software related. Separate from the main vehicle limited warranty, which I posted above...

Here's the relevant section. (emphasis added to the "as is" reference)

9. No warranties. You expressly agree that use of the software and services is at your sole risk. The software and services are provided on an “as is” and “as available” basis
without warranty of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, lucid, as well as its affiliates, the service
providers, all applicable licensors, any underlying wireless carrier, and any applicable suppliers (collectively, the “additional entities”) disclaim any and all warranties
including any: (a) warranties that software or services will meet your requirements; (b) warranties concerning the availability, accuracy, security, usefulness, timeliness, or
informational content of the software or services; (c) warranties of title, non-infringement, merchantability, or fitness for a particular purpose; (d) warranties for services or goods received through or advertised or accessed through the software or services; (e) warranties concerning the accuracy or reliability of the results that may be obtained from the use of the software or services; (f) warranties that your use of the software or services will be secure or uninterrupted; and (g) warranties that errors in the software or services will be corrected.

 

[Coltonw011]

I disagree. OP states that the “as is” clause is after paragraph 17, which is severability, and right above where the customer is to sign. Not only that, it is in bold lettering, none of which you will find in paragraph 9. The location, and bold lettering satisfy the requirement by law that lucid must adhere to in order to sell a used car at retail. Here’s the clause from Virginia law:

B. A dealer may sell a used motor vehicle at retail "AS IS" and exclude all warranties only if the dealer provides the buyer, prior to sale, a separate written disclosure as to the effect of an "AS IS" sale. The written disclosure shall be conspicuous and contained on the front of the buyer's order and printed in not less than bold, 10-point type and signed by the buyer: "I understand that this vehicle is being sold "AS IS' with all faults and is not covered by any dealer warranty. I understand that the dealer is not required to make any repairs after I buy this vehicle. I will have to pay for any repairs this vehicle will need." A fully completed Buyer's Guide, as required by federal law, shall be signed and dated by the buyer and incorporated as part of the buyer's order.

Now, it obviously will help if OP can send is exactly what it says, but I can guarantee it’s not paragraph 9 about software, as they also mentioned software isn’t mentioned in the clause they read. I hope I’m wrong and that it’s a mistake. But after my experience with their contract and DMV team, they were pretty awful.

 

[changinator]

CA here, this is not in my PA

 

[BobFM]

I disagree. OP states that the “as is” clause is after paragraph 17, which is severability, and right above where the customer is to sign. Not only that, it is in bold lettering, none of which you will find in paragraph 9. The location, and bold lettering satisfy the requirement by law that lucid must adhere to in order to sell a used car at retail. Here’s the clause from Virginia law:

B. A dealer may sell a used motor vehicle at retail "AS IS" and exclude all warranties only if the dealer provides the buyer, prior to sale, a separate written disclosure as to the effect of an "AS IS" sale. The written disclosure shall be conspicuous and contained on the front of the buyer's order and printed in not less than bold, 10-point type and signed by the buyer: "I understand that this vehicle is being sold "AS IS' with all faults and is not covered by any dealer warranty. I understand that the dealer is not required to make any repairs after I buy this vehicle. I will have to pay for any repairs this vehicle will need." A fully completed Buyer's Guide, as required by federal law, shall be signed and dated by the buyer and incorporated as part of the buyer's order.

Now, it obviously will help if OP can send is exactly what it says, but I can guarantee it’s not paragraph 9 about software, as they also mentioned software isn’t mentioned in the clause they read. I hope I’m wrong and that it’s a mistake. But after my experience with their contract and DMV team, they were pretty awful.

Ah, you're right. Missed that post. Apologies on my part. For the record, there is nothing after paragraph 17 in my purchase agreement. @ves, could you post the paragraph you're referencing, please? This is all I have with the last sentence right before signature block...

17. Severability
If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of
this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

This Purchase Agreement is entered into and is effective as of the date below. You agree that an electronic signature will have the same force and effect as a manual signature.

 

[changinator]

can anyone take a pic of it or upload it?