Westgate Motors Online Financing Terms & Conditions

Last Updated: March 1, 2025

Introduction & Acceptance of Terms
 By submitting an online financing application and paying the required deposit to Westgate Motors (the “Company”), you (the “Applicant”) acknowledge and agree to the following Terms and Conditions. These terms are designed to protect both the Applicant and Westgate Motors by clearly defining each party’s rights and obligations. Please read them carefully. If you do not agree with these terms, do not proceed with the online financing application.

The Applicant consents to receive all notices and communications electronically, including via email and phone, and agrees that such communications shall be deemed legally sufficient.

1. Non-Refundable Application Deposit & Chargeback Protection

Deposit Requirement: As part of the online financing process, the Applicant is required to pay a $300 deposit to initiate the application process. This $300 deposit is strictly non-refundable except in the limited circumstance outlined in Section 2 (Denial of Application). If the Applicant’s financing is approved and the vehicle purchase is completed, the deposit will be applied toward the purchase price or down payment of the vehicle at the time of sale. However, if the Applicant is approved for financing but fails to complete the purchase (for example, if you decide not to proceed with buying the vehicle or do not sign the necessary sales contracts within the allowed timeframe), the deposit will be forfeited in its entirety and will not be returned to the Applicant. The Applicant acknowledges that the forfeited deposit may be retained by Westgate Motors as compensation for costs and losses incurred, and as a reasonable estimate of liquidated damages due to the Applicant’s failure to complete the transaction. This forfeiture is not a penalty but rather agreed-upon compensation for the time and opportunity lost by the Company. Chargeback Waiver: The Applicant agrees not to dispute, charge back, or reverse the $300 deposit payment through a credit card issuer, bank, or any payment provider. By paying the deposit, you are explicitly waiving any right to initiate a chargeback or similar payment dispute against this charge. Westgate Motors provides this financing application service in good faith reliance on your payment; therefore, any attempt to circumvent this non-refundable policy through a chargeback will be considered a breach of these Terms and Conditions. In the event that an Applicant does initiate an unauthorized chargeback or dispute in violation of this agreement, Westgate Motors reserves the right to pursue all available remedies, including legal action, to recover the deposit amount and any associated costs or fees. The Applicant may also be responsible for any legal fees, collection costs, or other expenses incurred by Westgate Motors in connection with enforcing this provision. By agreeing to these terms, you acknowledge that the $300 deposit is final and cannot be reversed unless a refund is due under Section 2 below.

2. Refunds for Denied Applications (Timeframe for Refund Processing)

If the Applicant’s financing application is denied by Westgate Motors or its lending partners, the Applicant will be eligible for a full refund of the $300 deposit. Westgate Motors will not hold the deposit in the case of a denial. Refunds for denied applications will be processed within seven (7) to ten (10) business days from the date of the denial decision. The refunded amount will be returned to the original payment method used by the Applicant (e.g., the same credit card or bank account from which the deposit was made). Please note that while Westgate Motors will initiate the refund within the stated time frame, the exact date the refunded funds are available to the Applicant may depend on the Applicant’s bank or credit card company processing times. No action is required on the Applicant’s part to request a refund after a denial, as Westgate Motors will automatically begin the refund process upon informing the Applicant of the financing denial. If the Applicant does not receive the refund after ten business days from the notice of denial, the Applicant should contact Westgate Motors’ customer service for assistance. This refund policy for denied applications is provided as an exception to the general no-refund policy of the deposit, and applies only in cases where the financing application is not approved. In all other cases (such as Applicant withdrawing the application or failing to complete the purchase after approval), the deposit remains non-refundable per Section 1.

3. Offer Expiration & Abandoned Applications

Financing approvals and vehicle reservation offers from Westgate Motors are not open-ended; they come with an expiration to ensure fairness and efficient processing. If the Applicant is approved for financing, the approval and the financing terms offered (and any associated vehicle reservation) will remain valid for a period of 5 calendar days from the date of approval, unless a different validity period is stated in writing by Westgate Motors. The Applicant is expected to take all necessary steps to complete the purchase of the vehicle within this 5-day period. Completing the purchase includes finalizing all required sale and financing documents, paying any remaining down payment or fees, and taking delivery of the vehicle. Westgate Motors may, at its discretion, send reminders to the Applicant as the deadline approaches, but the responsibility to act within the timeframe lies with the Applicant.

If the Applicant fails to finalize the vehicle purchase within 5 days of financing approval, or if the Applicant otherwise stops responding and abandons the application, Westgate Motors reserves the right to consider the financing offer and application expired and cancelled. In such an event, the Applicant’s $300 deposit will be forfeited and retained by Westgate Motors. The forfeiture of the deposit in an abandoned or expired application scenario is to compensate Westgate Motors for holding the vehicle and the financing terms available for the Applicant during the offer period. Once the offer has expired due to inaction, Westgate Motors is under no obligation to honor the previously offered financing terms, and any future attempt by the Applicant to purchase a vehicle or secure financing will require a new application (and potentially a new deposit). Extension Requests: If extenuating circumstances prevent the Applicant from completing the purchase within the specified timeframe, the Applicant must contact Westgate Motors before the 5-day period expires to request an extension. Granting an extension is at the sole discretion of Westgate Motors and may be subject to additional conditions. Any extension and its terms (such as a new deadline) must be confirmed in writing by Westgate Motors to be valid. Absent an approved extension, once the 5 days have passed without completion of the purchase, the application will be deemed abandoned and the deposit forfeited as described above.

4. Limitation of Liability Vehicle Representation Acknowledgment:

Westgate Motors strives to provide accurate and comprehensive visual representations of all vehicles listed for sale on our website. By agreeing to these Terms & Conditions, the Applicant acknowledges that they have reviewed all available pictures, videos, and descriptions of the vehicle(s) they intend to purchase and accept them as a true and accurate representation of the vehicle’s condition and features.

No Misrepresentation Claims: The Applicant agrees that once they have initiated the financing process for a selected vehicle, they cannot claim that the vehicle was not as represented on the website. This includes, but is not limited to, the vehicle’s physical condition, color, interior features, and any other specifications. Westgate Motors provides detailed multimedia representations to ensure that all features and aspects of the vehicle are presented transparently and accurately prior to purchase. Vehicle Selection Finality: Upon approval of financing and the initiation of the vehicle purchase process, the Applicant is confirming their decision based on the representations available online and agrees to proceed with the purchase without the option to claim discrepancy between the online representation and the actual vehicle condition at the time of sale. Any claims of discrepancies not reported prior to the initiation of the financing process will not be grounds for canceling the agreement or altering the terms of sale. Limitation of Liability: Westgate Motors is not liable for any perceived discrepancies not reported prior to the initiation of the financing process. The Applicant agrees that their sole remedy for any dissatisfaction is to report such issues before proceeding with financing. Once financing is initiated, all sales are considered final barring any conditions explicitly permitted by Westgate Motors’ return or exchange policies as stated in the Terms & Conditions. No Guarantee of Financing Approval: Westgate Motors acts as an intermediary to facilitate the Applicant’s access to financing options through third-party lenders. While Westgate Motors will forward the Applicant’s information to its network of banks, credit unions, or financing partners and strive to secure an approval, all financing decisions are made by independent third-party lenders based on their own underwriting criteria and policies. Westgate Motors is not a bank or direct lender, and therefore makes no guarantees that the Applicant’s financing will be approved. The Applicant acknowledges that any denial of credit or specific financing terms (such as interest rate, required down payment, or loan amount) are decisions made by the third-party lender, not by Westgate Motors. Westgate Motors shall not be liable for any damages or losses arising from a lender’s decision to decline financing or to offer financing on terms that the Applicant finds unsatisfactory. Any questions or disputes regarding a financing decision should be addressed to the lending institution that made the decision, not to Westgate Motors. Vehicle Availability: Westgate Motors’ online financing application allows the Applicant to select up to four vehicles they intend to purchase. The Company will make all reasonable efforts to ensure that the chosen vehicles remain available while the Applicant’s financing is being processed and the offer is active. However, unexpected changes in vehicle availability can occur due to circumstances beyond the control of Westgate Motors. These may include, but are not limited to: a vehicle being sold to another buyer, the discovery of a mechanical issue that renders a vehicle unsellable, a recall or withdrawal from the market for safety reasons, or events such as theft or damage while on the lot. If the Applicant is approved for financing for multiple vehicles, they may choose from among those for which they have been approved. If all selected vehicles become unavailable before the sale is completed, Westgate Motors will, if possible, offer the Applicant a choice of similar vehicles or refund any deposit in full. Westgate Motors is not liable for any additional damages, costs, or inconveniences suffered due to the unavailability of a specific vehicle, including but not limited to lost time, travel expenses, insurance costs, or other consequential losses. The limit of Westgate Motors’ liability is strictly the refund of the deposit, unless the Applicant chooses to apply it toward another vehicle purchase. General Limitation of Liability: To the fullest extent permitted by law, Westgate Motors (including its owners, employees, and agents) shall not be liable for any indirect, incidental, special, or consequential damages whatsoever arising from or related to the online financing application, the deposit, the financing decision, or the vehicle purchase process. This limitation applies even if Westgate Motors has been advised of the possibility of such damages. In any event, Westgate Motors’ total aggregate liability for any claims related to these Online Financing Terms & Conditions or the Applicant’s use of the financing program shall not exceed the amount of the Applicant’s deposit ($300). The Applicant acknowledges that Westgate Motors offers this online financing facilitation and vehicle reservation in reliance on the disclaimers of warranties and the limitations of liability set forth in these Terms, forming an essential basis of the bargain between the Applicant and Westgate Motors.

5. Dispute Resolution (Arbitration Agreement)

Governing Law: These Terms & Conditions, and any disputes arising out of or relating to the online financing process, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. This governing law clause applies regardless of the state of residence of the Applicant, to the extent permitted by applicable law. Arbitration Clause: In the event of any dispute, claim, or controversy between the Applicant and Westgate Motors arising out of or relating to the online financing application, the deposit, the associated vehicle purchase, or these Terms & Conditions (including the validity, interpretation, breach, or termination thereof), such dispute shall be resolved exclusively through final and binding arbitration. By agreeing to these Terms & Conditions, both the Applicant and Westgate Motors waive the right to a trial in court and the right to participate in a class action lawsuit or class-wide arbitration. The arbitration shall be conducted on an individual basis only; neither party shall have the right to arbitrate any dispute as a class, representative, or collective action, and the arbitrator shall not have authority to combine or aggregate the claims of multiple persons. Arbitration Procedure: The arbitration will be administered by a neutral arbitration organization, such as the American Arbitration Association (AAA), in accordance with its applicable rules (for example, the AAA’s Consumer Arbitration Rules) in effect at the time the dispute is filed. If the parties cannot mutually agree on an arbitration organization, a court of competent jurisdiction may appoint one. Location of Arbitration: The arbitration hearing and proceedings shall take place in Hampden County, Massachusetts (or another location in Massachusetts as designated by Westgate Motors), which is the locale of Westgate Motors’ principal place of business, unless the parties mutually agree to a different location in writing. If the Applicant is not a resident of Massachusetts and traveling to Massachusetts would cause undue hardship, Westgate Motors may agree to conduct the arbitration hearing via teleconference, videoconference, or in a location more convenient to the Applicant, at Westgate Motors’ discretion, but any such change must be agreed by both parties. Arbitrator’s Authority: The arbitration shall be heard by a single neutral arbitrator selected in accordance with the AAA’s rules (or the rules of the chosen arbitration body). The arbitrator shall have the authority to award any relief or remedies that a court of law could grant under applicable law, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator’s decision shall be written, stating the reasons for the award, and shall be final and binding on both parties. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Costs and Fees: The parties understand that arbitration is generally a less formal and potentially more cost-effective means of resolving disputes than litigation in court. Each party shall bear its own attorneys’ fees and legal costs in any arbitration, except that the arbitrator shall have the power to award attorneys’ fees and costs to the prevailing party if such an award is expressly required or allowed by applicable law. As for the administrative costs and arbitrator’s fees: Westgate Motors and the Applicant shall share the costs of arbitration equally, or follow any specific fee-splitting requirements set by the chosen arbitration rules or applicable law, unless such allocation of costs is prohibited by law (in which case, any required adjustments will be made to ensure the arbitration agreement is enforceable). Westgate Motors will reimburse the Applicant for any portion of the arbitration filing fee that exceeds the cost of filing a lawsuit in the state or federal court that would have jurisdiction, to ensure that the cost of entry to arbitration is not prohibitive. Apart from that, each party is responsible for its own expenses (including travel, if any) related to participating in the arbitration. Exceptions: Notwithstanding the foregoing arbitration requirement, both parties retain the right to seek temporary or preliminary injunctive relief in a court of competent jurisdiction in order to prevent irreparable harm (for example, a court may be approached to enforce the non-chargeback provision or to protect confidential information, if applicable, while an arbitration is pending). However, even if a party seeks such interim relief, the underlying dispute will still ultimately be resolved through arbitration as outlined above. Additionally, disputes or claims that are not subject to predispute arbitration by law (if any) shall be resolved in the courts, but only if required by applicable law. Waiver of Jury Trial and Class Actions: By entering into this arbitration agreement, both the Applicant and Westgate Motors knowingly and voluntarily waive the right to be heard in court before a judge or jury (except as to any small claims or injunctive matters carved out above). Both parties also waive any right to participate in a class action or class arbitration. Any dispute must be resolved on an individual basis only, and the arbitrator has no authority to consolidate the claims of multiple individuals or to adjudicate any form of representative or class proceeding. Severability of Arbitration Provisions: If any portion of this Dispute Resolution section (Section 5) is found to be unenforceable or unlawful for any reason, such provision shall be severed from the agreement, and the remainder of this section shall continue in full force and effect. However, if the class action waiver is found unenforceable, then the entire arbitration agreement shall be null and void (meaning the dispute would then be resolved by a court). This Dispute Resolution section shall survive the termination of the financing application process or any withdrawal or denial of the application, as well as the consummation of the vehicle purchase.

6. Data Retention and Privacy Policy

Retention of Personal Data: By applying for financing through Westgate Motors, the Applicant provides personal information and sensitive financial data (such as name, contact information, Social Security Number, income details, credit history, etc.) as part of the application. Westgate Motors is committed to protecting this information. The personal data collected during the application and financing process will be retained for as long as necessary to fulfill the purposes for which it was collected and to comply with applicable laws and regulations. In general, if the Applicant’s financing is approved and results in a vehicle purchase, Westgate Motors may retain the Applicant’s information for the duration of the customer relationship (for example, through the term of the financing or warranty period) and for a reasonable period thereafter (for instance, up to five (5) years after the loan is paid off or the account is closed) in order to comply with legal record-keeping requirements and to be able to address any issues that may arise post-sale. If the Applicant’s financing application is denied or if the Applicant does not complete a purchase, Westgate Motors typically will retain the application information for a shorter period – generally, up to five (5) years from the date of the application – before it is securely deleted, archived, or anonymized. This retention period allows Westgate Motors to maintain records of the transaction for audit purposes, to defend any legal claims, and to comply with federal and state regulations (such as credit application record retention rules, anti-fraud measures, etc.). Please note that certain information may be kept longer if required by law (for example, certain finance-related records that must be retained for seven years under financial regulations), or shorter if the law mandates deletion sooner.

Storage and Security: During the retention period, Westgate Motors will store the Applicant’s personal data securely and will implement appropriate technical and organizational measures to protect it against unauthorized access, loss, or theft. Only authorized personnel and third parties (such as the lenders or service providers who are bound by confidentiality) will have access to the data as needed for the purposes of processing the financing application or related services. For details on how personal information is protected and used, please refer to our Privacy Policy (available on our website), which is incorporated by reference into these Terms & Conditions. Requesting Deletion of Personal Information: Westgate Motors respects Applicants’ rights to privacy and control over their personal data. Applicants may request deletion of their personal information from Westgate Motors’ records at any time after the conclusion of the financing process. To initiate a deletion request, please contact Westgate Motors in writing at our Privacy Office or via the designated email/address/phone number provided in our Privacy Policy (info@westgatemotorsinc.com/4136361389). Please include in your request sufficient information to verify your identity (so we can ensure we are deleting the data of the correct person) and describe the records you wish to be deleted. Upon receiving a valid deletion request, Westgate Motors will delete the Applicant’s personal information from its active databases and systems within a reasonable timeframe, typically within 30 days, unless a shorter period is required by law. However, please note that certain exceptions apply: Westgate Motors may retain certain pieces of information if required to do so by law or for legitimate business purposes. For example, we may retain information needed to complete any pending transactions, to detect or prevent fraud, to exercise or defend legal claims, or to comply with record retention laws (e.g., maintaining certain finance records, tax records, or communications as mandated by regulations). If we are unable to delete some information for these reasons, we will inform the Applicant about the general categories of data we must keep and the reason it cannot be deleted. In such cases, the data that is retained will be securely isolated and protected from further routine use, and will only be accessed for the specific purposes required (e.g., an audit or legal obligation). By applying for financing, the Applicant acknowledges that they have read and understood Westgate Motors’ Data Retention and Privacy practices as described in these Terms and in our Privacy Policy. The Applicant consents to the collection, use, storage, and retention of their personal information as outlined above. If the Applicant has any questions or concerns about how their data is being handled, they should refer to the full Privacy Policy or contact Westgate Motors’ data protection officer or privacy contact for further information.

7. Remaining Down Payment & Delivery Scheduling Policy

Down Payment Completion Deadline:

Upon approval for financing, the Applicant will be notified via phone and email using the contact information provided in their application. From the date of this initial notification, the Applicant has four (4) calendar days to complete payment of the remaining balance of the required down payment (beyond the initial $300 deposit). Westgate Motors will make three (3) documented attempts to contact the Applicant during this period—via phone calls and at least one email. If the Applicant fails to respond and complete the remaining payment within the four-day window, the application will be considered abandoned and the $300 deposit will be forfeited in full, in accordance with Section 3. Accepted forms of payment for the remaining down payment may include cash, debit/credit card, wire transfer, or Zelle, subject to availability and confirmation by Westgate Motors. The Company reserves the right to refuse certain payment methods based on transaction limits, fraud risk, or processing delays. Delivery Scheduling Disclaimer: Vehicle delivery or pickup will be scheduled by appointment only after the full down payment has been received and all required documents are completed. Westgate Motors will coordinate a delivery timeframe with the Applicant based on availability and logistics. While the Company strives to ensure timely delivery, it does not guarantee a specific delivery date or time, and is not liable for any perceived delays due to scheduling constraints, transportation, weather, or other unforeseen factors. Applicants are advised not to make travel arrangements, sell their existing vehicle, or cancel insurance coverage until their delivery appointment has been confirmed in writing by Westgate Motors. The Company is not responsible for any inconvenience or costs incurred due to the Applicant’s assumptions about delivery timing.

Conclusion

These Online Financing Terms & Conditions, including the Non-Refundable Deposit policy, refund timeline, abandonment rules, remaining down payment requirements, delivery scheduling disclaimers, limitation of liability, dispute resolution process, and data retention policy, constitute the entire agreement between the Applicant and Westgate Motors regarding the online financing application and related deposit. They supersede all prior communications or understandings. No modification to these Terms & Conditions shall be binding unless made in writing and signed by an authorized representative of Westgate Motors. By proceeding with the application, the Applicant confirms they have read, understood, and agreed to all the terms above, including electronic communication consent and forfeiture provisions. For questions or clarifications, Applicants should contact Westgate Motors before continuing the application process.

Thank you for choosing Westgate Motors — we appreciate your trust and look forward to helping you drive away in your next vehicle.