Buyer Terms and Conditions
Last updated on: March 10, 2014
As a registered buyer ("Buyer") with AutoBidMaster LLC ("Company") you agree to be bound by the following Buyer Terms and Conditions. Company reserves the right to amend Buyer Terms and Conditions at any time without prior notice to you. In addition, conditions listed on the internet, Terms of Service (“TOS”) and Privacy Policy for Company's website at http://AutoBidMaster.com are incorporated into these Member Terms and Conditions by reference. Company’s website Terms of Service can be viewed at http://AutoBidMaster.com/pdf/tos.pdf. Company’s Privacy Policy can be viewed at http://AutoBidMaster.com/pdf/privacy.pdf. Unless otherwise stated, all fees are quoted in U.S. Dollars.
BY REGISTERING WITH COMPANY, THE CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT
IT IS REGISTERING WITH AND PURCHASING VEHICLES FROM COMPANY AND NOT FROM COPART.
1. MEMBERSHIP
A. Membership Eligibility.
Membership as a registered Buyer with Company is open to individuals 18 years of age and older who can form legally binding contracts under applicable law, without limiting the foregoing. One membership per person, membership is not transferrable. In addition, yard-specific requirements and applicable laws, regulations, and restrictions may further limit Buyer registration and vehicle purchasing eligibility. Company reserves the right to deny membership privileges to any individual or entity, in its sole and absolute discretion.
B. Registration.
Buyers must complete the buyer registration form at Company’s website and pay the non-refundable registration fee. Company offers two registration options:
1). STARTER membership is a 30 day free registration that allows Buyer to purchase 1 vehicle at any Copart facility in which Company’s purchasing eligibility is not restricted by yard‐specific registration requirements, applicable laws and/or regulations. Buyer may cancel his STARTER membership by choosing the cancelation option by login to “My Account” at Company’s website within first 30 days from the time of STARTER registration. In the event Buyer does not select to cancel STARTER Membership within 30 days, Buyer’s membership will automatically be upgraded to a PREFERRED membership and charged a non-refundable $150.00 USD annual subscription fee. Buyer agrees, that by registering for STARTER membership, Buyer agrees to pay a non-refundable PREFERRED registration fee unless he cancels within first 30 days. Only one Starter membership per person. In the event that Buyer violates membership limit and creates more than one Starter account, Buyer agrees to be immediately charged $150 annual membership fee for each account created to the credit card provided at the time of registration or the credit card on file for the customer’s account.
2). PREFERRED membership is $150.00 USD annual registration that allows Buyer to purchase unlimited type and number of vehicles at any Copart facility in which Company’s purchasing eligibility is not restricted by yard‐specific registration requirements, applicable laws and/or regulations. This registration will automatically renew each year and Buyer will be charged a non-refundable $150.00 annual renewal fee unless the subscription is canceled before the next scheduled payment.
Buyers must submit a valid copy of their driver’s license or passport at the time of registration to keep the account in active status. Company reserves the right to change registration and renewal fees at any time without notice. Registration Fees are non‐refundable.
C. Security Deposit.
Buyer must maintain the security deposit with Company at minimum of $400.00 USD at all times to keep the membership active. The $400.00 USD Security Deposit must be paid in full before Buyer receives login information to bid at auction. The security deposit enables Buyer to bid up to $4,000.00 USD and be the current high bidder on 1 vehicle count at a time. If Buyer wishes to bid an amount higher than the security deposit, Buyer must submit $100.00 USD for each additional $1,000.00 USD of desired bid allowance. If Buyer wishes to be bid on more than 1 vehicle count at a time, Buyer must submit an additional $400.00 USD security deposit for each vehicle count. Company will refund full security deposit upon Buyer’s request via My Account at Company’s website if all invoices have been paid and terms and conditions have been met. Deposit refund request must be submitted only through My Account by selecting the refund option at Company’s website and a confirmation number must be obtained. Verbal or email deposit requests will not be processed. All refunds will be processed back to original form of payment. If security deposit payment was made by wire transfer, the refund will be issued by company check and sent by regular mail. Allow up to 30 business days for all refund processing. Company reserves the right to raise the security deposit amount and form of payment for any Buyer for any reason, in its sole and absolute discretion. The deposit cannot be used to pay for a vehicle either in part or in full. In the event Buyer fails to pay for any invoice and the debt becomes uncollectible, Company will use the security deposit to satisfy the debt.
D. Membership Cancellation.
Membership with Company may be cancelled at anytime if there are no outstanding invoices due and all terms and conditions are met. Membership cancellation request must be submitted online in My Account by selecting the cancellation option at Company’s website and a membership cancellation number must be obtained. Verbal or email cancellation requests will not be processed.
E. Membership Renewal.
In order to maintain an active membership with the Company, Buyer must pay a non-refundable membership renewal fee of $150.00 USD for the one (1) year membership as well as have account in good standing. The renewal is automatic so Buyers that do not wish to continue must cancel the membership before the day of the next scheduled subscription payment. Company reserves the right to modify registration and renewal fees at any time without notice.
F. Account Activity.
Buyers are responsible for all bidding activity, including, without limitation, all Preliminary Bids and Virtual Bids submitted under Buyer's username and password through http://copart.com (“Copart”) or through terminals located in kiosks at auction facilities. Buyer’s account may not be transferred or assigned to any person or entity. In the event a Buyer’s account, membership I.D., or username and password are used without authorization, Buyer shall be responsible for all bidding activity and charges incurred prior to Company's receipt of written notice from Buyer of the unauthorized activity.
G. Compliance.
Buyers shall comply with all applicable laws, statutes, ordinances, and regulations regarding their use of Company's services.
H. Membership Revocation.
Company reserves the right to suspend or revoke the membership of a Buyer for any reason, at any time in its sole and absolute discretion. Suspension of membership in Company or any place Company utilizes may be applied for any of the following reasons including but not limited to, improper or unprofessional conduct on Company’s website, on any website affiliated with Company, through any electronic format, through any non‐electronic format, non‐payment of contracted agreements, or any other reason Company or its affiliates deem applicable to membership. Further, Buyer agrees that Company will not issue any subscription refund and shall not be liable to the buyer or any third‐party for any termination of the access to the Copart Website.
I. Release of Liability and Indemnification.
Buyers irrevocably and unconditionally waive and release their rights (if any) to recover from Copart and Company, their respective directors, officers, employees, representatives, agents, subsidiaries, partners, and affiliates any and all damages, losses, liabilities, costs expenses, or claims therefore, whether direct or indirect, known or unknown, or foreseen or unforeseen, which may arise from or be related to bodily injury, property damage, or other occurrence which occurs on Copart or Company’s premises. Buyers agree to indemnify, defend, and hold Copart and Company from any and all damages, losses, liabilities, costs or expenses (including attorneys fees), arising from claims made by Buyer for bodily injury or property damage occurring on Copart or Company’s premises. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM OR ARE RELATED TO THE SALE, DISTRIBUTION, USE OF, OR INABILITY TO USE, ANY VEHICLE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Buyers and guests who are California residents waive California Civil Code §1542, which reads: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
J. Marketing and Promotional Materials.
Buyers agree they have affirmatively requested to receive marketing and promotional materials via mail, e-mail, and facsimile.
2. SALE POLICIES
A. Bid Rejection.
Copart reserves the right to void bids for any reason, in Company’s sole and absolute discretion. Should a dispute arise regarding a bid, Copart is the exclusive deciding authority with sole and absolute discretion in resolving disputes. Buyers agree to indemnify, defend, and hold Company and Copart harmless from any and all liability arising out of decisions made in resolving disputes.
B. Sale Cancellation.
Copart may, in its sole and absolute discretion and with or without notice, postpone or a cancel a sale or withdraw a vehicle from a sale. Company will neither have liability nor obligation to Buyers as a result of any vehicle withdrawal, or sale cancellation or postponement.
C. Tie Bid Policy.
Virtual Bids prevail over Preliminary Bids of equal amount.
D. Increment Bidding.
Increment bidding is an option available to Buyers using Preliminary Bidding that authorizes Company to increase an entered maximum bid by one and only one increment in the event a Virtual Bidder ties your entered maximum bid. If your bid is the highest bid, then your bid will NOT be incremented. Example: You checked the increment bid box and bid $5,000. Virtual Sale Bid is currently at $5,000 (a tie with your bid - unfortunately, it happens). Your Preliminary Bid is placed next at $5,100 (because you checked the increment bid box). The car sells to you at no more than $5,100 or to Virtual Bidder for $5,200 or more.
E. BID4U
Copart uses BID4U to make the bidding process easier and more efficient. Simply enter a Preliminary Bid representing the maximum price you are willing to pay for the vehicle and BID4U will bid on your behalf up to your maximum bid during both the Preliminary Bidding Period and the Virtual Sale. BID4U will only bid one increment over the current bid to maintain your position as the highest bidder. This allows you the possibility of purchasing a vehicle below your maximum bid. If a bidder with a higher maximum bid outbids you during Preliminary Bidding, you will be notified via email.
F. On-Approval Vehicles.
Vehicles sold "On-Approval" will not be released to Buyers unless and until the auction notifies Company of its acceptance of the high bid. "On-Approval" vehicles receive bid acceptance or rejection by 5:00pm the 2nd business day after the sale.
G. Vehicle and Title Release.
Company reserves the right not to release any vehicle or vehicle title for any reason. All titles will be made out and mailed from Copart to Company, and then Company will reassign the ownership to the Buyer. Buyer must submit a signed bill of sale and a valid copy of a government issued ID for Company to reassign ownership to Buyer. Under no circumstances title ownership will be assigned to a person or entity different than the Buyer.
H. Vehicle Pickup.
The buyer acknowledges and agrees that if a vehicle is not picked up within ten (10) days from the sale date, even if it is paid in full the vehicle will be considered as abandoned and Company will have right to resell the vehicle. Company and Copart reserve the right not to release any vehicle for any reason.
I. Bids Entered.
Once a bid has been submitted, it cannot be retracted, deleted, or cancelled.
J. Risk of Loss.
Buyer takes full responsibility and assumes all risk of loss for all vehicles purchased from the time auction accepts Buyer’s bid. From and after acceptance of Buyer’s bid (for vehicles located at Copart facility) Buyer acknowledges that auction is acting as bailee of Buyer’s vehicle until such time as the vehicle is removed from Copart’s premises. Buyer agrees that under the terms of the bailment, (1) Company and Copart shall not be responsible for damage to or loss of the vehicle or parts thereof due to operational procedures in place at all Copart facilities, from acts of theft or vandalism, or acts of God; and (2) Company and Copart shall not be responsible for any claim of damage made after the vehicle has left Copart’s premises, regardless of whether Buyer, or any person on Buyer’s behalf such as Buyer’s agents, employees, or representatives, pick up the vehicle. Once a vehicle is removed from Copart’s premises it is accepted AS-IS, and under no circumstances will Company or Copart be liable for any claims of damage or loss of any kind or nature whatsoever.
K. Import/Export Issues.
It is the responsibility of the Buyer to comply with customs import procedures applicable to foreign title vehicles. Customs inspection, import fees and proof of emissions compliance may be required.
3. PAYMENTS AND FEES
A. Payments for Vehicles.
All payments for vehicles must be made to Company by wire transfer only and are due by 5:00 pm the next business day of the sale date. Over the counter bank deposits, account to account transfers will not be applied and processing fees may be assessed. Vehicle payment by wire transfer must be received by 5:00 pm the next business day of the sale date. In the event the payment is not received within the allotted time, a late payment fee of $50.00 USD per day will be added to each vehicle bought. In the event the payment is not received within seven (7) business days of the sale date, the Buyer shall be considered to have forfeited its security deposit (see Relist Fees section) and Company shall have the right to relist the vehicle. Buyer becomes the legal owner of the vehicle upon full payment for the vehicle to Company and is responsible for vehicle transfer of ownership including registration in his name. If Buyer fails to transfer ownership and register the vehicle, Buyer will be responsible for any possible future collection costs, including court costs and reasonable attorney's fees that result from failing to complete ownership transfer.
B. Transaction Fee.
Buyer agrees to pay Company $250.00 as a transaction fee for each vehicle purchased, awarded and won at the auction due to bidding activity within Buyer’s bidder account. Company reserves the right to modify the transaction fee at any time without notice.
C. Storage Fee.
All vehicles not removed from Copart’s facilities within seven (7) calendar days of sale including sale day are subject to a storage fee of $20.00 USD per day. If a vehicle is not picked up from Copart’s facilities within ten (10) days of sale date, the vehicle may be removed from the Copart’s facilities to one of Company's facilities. The Buyer will be responsible for all towing charges, as well as any storage charges that may accrue that day onward. Buyer will have ten (10) days to pick up the vehicle from Company’s storage facilities. If in that time period the vehicle has not been picked up and the towing and storage charges have not been paid, the Buyer will be considered to have forfeited all of its rights in the vehicle, and the vehicle will become the property of Company.
D. Relist Fees.
In the event a vehicle is not paid for within the time specified by Company, Buyer agrees that Company may, in its sole and absolute discretion, cancel the sale, relist the vehicle for sale. Buyer agrees to pay Company the relist fee of $400.00 USD or 10% of the sale price whichever is greater and Company’s transaction fee of $250.00. Relist fee must be paid by wire transfer only. In the event Buyer fails to pay the relist fee by wire transfer this fee will be taken from the Security Deposit paid in advance to Company. Buyer will forfeit the security deposit and be responsible to pay a relist fee price, Company’s transaction fee, plus any collection costs, including court costs and reasonable attorney's fees. Buyer agrees to verify relist fees and relist dates prior to bidding on vehicles. Buyers causing excessive vehicles to be relisted are subject to suspension or revocation of their bidding privileges. Under some circumstances, after a Relist occurs, the auction is able to reverse the Relist. In the event it is possible, Company’s Reverse Relist fee will be applied.
E. Unpaid Fees and Priority of Application of Payments.
Payments made by Buyer to Company will be applied in the following order: first towards any unpaid fees (including but not limited to Buyer, convenience, storage, loading/gate, late payment, relist, transaction and delivery fees), then towards payment of any vehicles purchased by Buyer. For example, if Buyer makes a payment of $1,000.00 USD, but has outstanding relist fees of $400 USD, Company shall apply the first $400 towards the unpaid relist fees, with the remaining $600.00 USD applied towards payment for vehicles. Buyer agrees that Company has no duty to release vehicles or vehicle titles until all unpaid fees are paid in full.
F. Dispute Resolution.
Buyer agrees and acknowledges that due to the non-cancelable and irrevocable nature of the transactions contemplated herein, all membership fees, shipping fees and security deposit are non-refundable and no refund will be processed for any reason. The security deposit is refundable if customer has paid all invoices, and the following terms and conditions are met:(i) Buyer has not won the sale specified by the bid placed, (ii) Buyer does not have any current bids, (iii) Buyer specifically requests a Security Deposit refund by choosing the refund option in “My Account” at Company’s website, (iv) the refund request has been verified as valid by Company and Buyer’s account is in good standing with no fees due. Buyer expressly agrees to submit in writing any objection regarding fees to AutoBidMaster LLC, 6807 NE 79th Court, Ste 1, Portland, OR 97218. Should Buyer disagree with Company’s decision, Buyer agrees to mediate the dispute before litigation. Buyer agrees to indemnify Company for any financial harm or any losses caused by Buyer’s objections to fees that do not comply with this Agreement. Buyer will be held responsible for the reimbursement of any fees and losses incurred as a result of Buyer’s failure to comply with any provision in these Terms and Agreement. Credit Card Billing Buyer expressly agrees that if Buyer pays by credit card, or demand debit, Buyer shall abide by the following statement: "I hereby authorize Company to initiate debit/credit entries to my bank deposit account or credit card." Buyer authorizes Company to debit outstanding fees from the account linked to Buyer’s original form of payment.
G. Copart Fees.
All vehicles bought through Company are subject to Copart Fees, as posted on Company’s website.
H. Yard Visits.
During the Preliminary Bidding Period, Buyers may preview vehicles offered at a scheduled sale at a Copart facility in person. A $25.00 fee per Bidder and a $25.00 fee for any accompanying guests must be paid when visiting a Copart facility to inspect a vehicle. Guests 16 years of age or older are allowed to enter Copart facilities (including during the Preliminary Bidding Period) when accompanied by a Buyer. Guest passes must be displayed at all times. Only Buyers in good standing are permitted to bid on vehicles and must have their active Bidder Number and Password on hand.
I. Sales Tax Indemnification.
Buyers purchasing vehicles from Company at wholesale pursuant to a sales tax exemption certificate agree to indemnify, defend, and hold Company harmless from any and all sales tax assessments, fines, penalties, damages, and costs, including attorneys fees, incurred as a result of a determination by taxing authorities that the transaction was subject to the payment of sales, use, or excise tax.
4. SHIPPING PROCEDURES
A. Shipping Options.
Buyer may pick up purchased vehicle at his or her own discretion from the Copart facility once payment to Company has been made and received in full. However, Buyer agrees and acknowledges that NO vehicle whatsoever regardless of driving condition or title status may be driven prior to state inspection and or registration. All vehicles must be towed or transported out of Copart. This statement serves as a non-driving affidavit.
B. Shipping Order.
Buyer may place a domestic or international shipping order with the Company. Company will act only as the shipper’s shipping agent or shipping broker and assumes no liability for any loss, damage, expense or delay to the vehicles to be delivered. By placing a shipping order Buyer authorizes Company to select and engage drivers, agents and others as required for transporting, storing and delivering the vehicles.
C. Shipping Disclaimer.
Buyer acknowledges and agrees that the Company will use commercially reasonable measures to have the vehicle delivered to the customer's specified location in the same condition as it was on the purchase date and within the specified time. However, should this be not the case, Buyer understands and agrees that he or she may not hold Company responsible or liable for delay of shipment, loss of keys, damages, or the theft of parts or the vehicle. Moreover, Company specifically rejects, with the consent of the Buyer, any responsibility for the vehicle after it has been delivered as to the location where it will be stored. Company will not be responsible for damage or loss of vehicles or part thereof in transit or for any discrepancy between the vehicles delivered and the vehicles purchased at Copart. Buyer takes full responsibility and understands all risk of loss for all vehicles requested to be shipped on a shipping order.
D. Shipping Payment.
Buyer agrees to prepay, in advance, the shipping cost and any other fees incurred by the Company, including but not limited to, any loading fee, storage fees, export documentation or a key-service fee. Buyer further agrees that shipping prices and availability of services and/or quotes provided on Company’s website cannot be guaranteed and are subject to change as market prices fluctuate or other unforeseeable conditions or situations may arise. Buyer acknowledges that the Company will use commercially reasonable efforts to have the vehicle picked up from the Copart facility within 7 calendar days of the purchase date including sale day so that the Buyer does not incur storage charges. However, the Company does not guarantee that this will be possible and in the event that the vehicle pick-up is delayed, Buyer agrees to pay a $20.00 per day storage fee.
5. DISCLAIMERS
A. Vehicle Condition and History Disclaimer.
ALL VEHICLES ARE SOLD "AS-IS WHERE-IS"
All vehicles sold/bought through Company are sold/bought "AS-IS WHERE-IS", WITHOUT ANY WARRANTY,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE OR MERCHANTABILITY. The term “Vehicles” shall mean all items posted for sale on
Copart (purchased through Company), including but not limited to cars, trucks, motorcycles, boats, jet skis,
industrial
equipment, homeowners salvage, trailers, RV’s, etc. Company and its vehicle suppliers expressly disclaim the
accuracy or
completeness of any and all information provided to Buyers regarding vehicles, whether provided in written, verbal,
or
digital image form ("Vehicle Information"). Vehicle Information provided by Company and its vehicle suppliers is for
convenience only. Buyers shall not rely on Vehicle Information in deciding whether or how much to bid on a vehicle
offered for sale through Company. Vehicle Information includes but is not limited to: year, make, model, condition,
ACV,
damage amount, damage type, drivability, accessories, mileage, odometer disclosures, vehicle identification number
(e.g.
“VIN”, “HIN”, and serial number), title, repair cost, repair history, title history, and total loss history. Company
expressly
disclaims any and all representations, warranties, and guarantees regarding vehicles sold through a Copart facility.
Company does not guarantee that keys are available for any vehicle sold through a Copart facility, regardless of
whether
keys are present in online vehicle images, or were present in the vehicle prior to the time of purchase. Certain
jurisdictions
permit vehicles to be sold with missing VIN plates; as a result, Company does not guarantee that vehicles are
equipped
with any or all VIN plates. Parts may be missing. Company does not guarantee that vehicles meet or can be modified
to
meet local emission and/or safety requirements. It is the sole responsibility of Buyer to ascertain,
confirm, research,
inspect, and/or investigate vehicles any and all Vehicle Information prior to buying the vehicle. Buyer
agrees that
vehicles are sold AS IS and are not represented as being in a road worthy condition, mechanically sound, or
maintained at
any guaranteed level of quality. The vehicles may not be fit for use as a means of transportation and may require
substantial repairs at my expense.
B. Registration Laws Disclaimer.
Company does not guarantee that any vehicle bought can be legally registered in any state or country, and Buyer accepts all risks associated with variations in vehicle title and registration laws between states, provinces, and countries that may negatively impact the marketability of vehicles purchased through Company.
C. DMV/MVD/DOR Paperwork Disclaimers.
Company is not responsible for defects, errors, or omissions (i) related to motor vehicle department or department of revenue paperwork not processed by Company, or (ii) made by DMV/MVD/DOR, or (iii) made by title clerk processing, or (iv) titles lost by mail. Duplicate title requests may assess processing fees.
6. MISCELLANEOUS
A. Forum Selection, Venue, Jurisdiction, Choice of Law, and Service of Process.
Buyer acknowledges and accepts the following as express conditions to membership with Company: This Agreement together shall be governed by the laws of the State of Oregon without reference to the principles of conflicts of law. Each party hereby irrevocably submits to the jurisdiction of the courts of the State of Oregon, sitting in Multnomah County, and the courts of the United States for Oregon. Buyer consents to the service of process by certified or registered mailing of the summons and complaint to the last address provided by Buyer to Company. Buyer consents to the forum selection, choice of law, jurisdiction, and venue provisions described above.
B. Severability.
If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms and provisions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their best efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term or provision.
C. Integration.
This Agreement is the entire and sole agreement of the parties hereto with respect to its subject matter. There have been no representations, warranties, or promises outside of the Terms and Conditions.