TERMS AND CONDITIONS - GENERAL
1. ACCEPTANCE OF TERMS AND CONDITIONS
By using AUCTION EXPORT, you agree to be bound by all terms and conditions contained in the T&C. If you do not agree with the terms and conditions of the T&C at any time, you will discontinue your use of AUCTION EXPORT.
Hereby user understands and confirms that AUCTION EXPORT's legal name is DELUXAUTO INC, located at 4515 Chesswood Drive, Unit X, Toronto, ON M3J 2V6.
1.1 REVISION OF TERMS AND CONDITIONS
AUCTION EXPORT reserves the right to update or revise the T&C at its discretion and without notice. You are responsible for checking the T&C periodically for changes. You can review the most current version of the T&C at any time at: [www.auctionexport.com] If you continue to use AUCTION EXPORT following the posting of any changes to the T&C, you agree to be bound by these changes.
1.2 VERIFICATION OF INFORMATION
The material that appears on AUCTION EXPORT is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing vehicles and/or related services that you have read about on AUCTION EXPORT, you should confirm any information (including the price) that is important to your purchasing decision. AUCTION EXPORT is not responsible nor makes any warranty, express or implied, or endorsement regarding any vehicles being posted for sale on AUCTION EXPORT or as to any of the related services that are being offered through this site. We are also not responsible for controlling the vehicles posted for sale or services being offered through this website, or any losses that you may incur while using our site.
1.3 RIGHT TO DENY USE
AUCTION EXPORT reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses this website in a manner that the operators of AUCTION EXPORT deem inappropriate.
1.4 "AS-IS" AND "WHERE-IS" POLICY
Although AUCTION EXPORT cannot monitor every listing posted on our website, it reserves the right, but assumes no obligation, to delete, move, or edit any listings or postings on our website. You understand and agree that the Services are provided "AS-IS" and "WHERE-IS", and that AUCTION EXPORT assumes no responsibility for the condition, timeliness or non-delivery of a vehicle(s) and/or related services.
2. DESCRIPTION OF SERVICE
AUCTION EXPORT is an online automotive listing and auction site that brings together automobile dealers, manufacturers, banks, insurers, leasing companies, exporters and shippers along with various other automotive service and automotive industry professionals. All vehicles purchased through our website are for export out of North America purposes only. As a registered member of AUCTION EXPORT we can assist you with:
- gaining access privileges at major automotive auctions for clean and salvage vehicles;
- arranging for the ground and ocean transportation of your vehicle;
- handling all the documentation involved in your purchase;
- securing all titles to your purchased vehicle(s);
- preparing all port documentations, clearance, procedures including freight-forwarding your vehicle and custom clearance for exit port;
- facilitating optional shipping insurance;
- financing for selected purchases to selected destinations
You understand that AUCTION EXPORT does not control the price and any other terms of any sale offered through its website and that these are strictly within the control of the seller and/or dealer of that vehicle or automotive-related services.
You further understand and agree that AUCTION EXPORT as a neutral facilitator in this process has no control over the truth, accuracy, quality, legality, or safety of postings made by users, sellers, dealers, brokers and other automotive industry professionals. You understand and agree that AUCTION EXPORT cannot and does not confirm or verify the identity, background, qualifications, or abilities of users, sellers, dealers, brokers and the like, nor does AUCTION EXPORT guarantee the condition and/or quality of the vehicles or services that are offered up for sale through this site.
You understand and acknowledge that all vehicles purchased through Auction Export (auctionexport.com) are for export only and cannot be used,
resold or reassigned in USA and Canada. Violation will result in penalties.
3. MEMBERSHIP & REGISTRATION RIGHTS AND OBLIGATIONS
To obtain access to many of the features of our website, you will be given the opportunity to register with AUCTION EXPORT. AUCTION EXPORT requires Buyers and Sellers to register if they wish to use any of the features of the website. Only Buyers that are exporting purchased vehicles out of North America can place bids on any vehicle that is posted for auction on this site. In consideration of your use of the Service you agree to:
- a) provide true, accurate, current and complete information about yourself as prompted by this website's registration form;
- b) provide authentication/verification of identity by provided copy of government issued documents such as a valid passport; and
- c) maintain and promptly update the registration information to ensure that it is at all times true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or AUCTION EXPORT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AUCTION EXPORT has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Registered members have access to such features as upcoming schedules of auctions, detailed information related to auction inventories, and can participate in online-bidding. You additionally understand that there are particular features and/or services provided through AUCTION EXPORT that may have their own auction/purchase policies and/or terms of services; by using these features/services you agree to be bound by their respective terms.
Members agree and acknowledge that an existing member cannot change personal information him or herself once it has been inputted into the AUCTION EXPORT Website System. The existing member must make a formal request by emailing administration at [email protected]
Membership at AUCTION EXPORT is only open to individuals 18 years of age and older. Nevertheless, AUCTION EXPORT reserves the right to deny membership privileges to any individual, in its sole and absolute discretion.
4. DEALER AND SELLER ACCOUNTS
You will receive an account designation, along with its associated User ID and Password, upon completing the registration process. You are responsible for maintaining the confidentiality of your User ID and Password, and you are fully responsible for all activities that occur under your account.
You agree to immediately notify AUCTION EXPORT of any unauthorized use of your account or any other breach of security and to ensure that you exit from your account at the end of each session. AUCTION EXPORT cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. FEES, PAYMENT AND DELIVERIES
You agree to pay all customary Auction fees and charges for services rendered in connection with the purchase and sale of vehicles; including without limitation, buyer fees, sale fees, entry fees, loading fees, storage fees, and other customary fees and charges. It is the sole responsibility of the Buyer to verify fees charged by AUCTION EXPORT prior to incurring such charges. All fees and charges are subject to change without notice. Payment for vehicles must be made within 3 business days following purchase of vehicle. Vehicles not paid for within the above-specified timeframe will be subject to a Late Fee of 0.125% per vehicle per day; AUCTION EXPORT in its sole discretion reserved the right to waive any penalties or late fees. Deposit payments made towards placing a bid on a vehicle can be paid by credit card. Outstanding balance for vehicles must be paid by bank wire transfer if the outstanding balance is in excess of $2,500. AUCTION EXPORT will absolutely not accept any letters of credit, or cheques, certified or otherwise,
AUCTION EXPORT accepts a maximum of $2,500 payment by credit card, WorldPay or SKRILL. Any payments in excess of this amount must be made by bank wire transfer.
Members agree and acknowledge that should a member make payment by credit card, Worldpay or SKRILL in excess of $2,500 , a 3.8% (three point eight percent) fee will be applied to his credit card, Worldpay or SKRILL deposit.
AUCTION EXPORT accepts a maximum single payment of $2,500 by VoguePay. Members agree and acknowledge that should a member make a payment by VoguePay using Naira Cards - 3% transaction fee apply; for USD MasterCard & VISA Cards - 5% transaction Fees applicable.
6. TERMS OF SALE POLICY
Members acknowledge and agree that the Buyer is responsible for all vehicles purchased through AUCTION EXPORT. The Buyer agrees and acknowledges that any vehicles purchased MUST be exported out of USA or Canada and cannot and will not be resold in USA or Canada. Every selection and input of BID and BUY NOW is customer's obligation to purchase the vehicle.
Members agree and acknowledge that once BID and BUY NOW is selected and inputted by the Buyer, it can not be retracted, cancelled or deleted.
All transactions are in USD (United States Dollars).
7. AUCTION POLICIES
If Buyer bids on a vehicle, that Buyer is obligated to complete the transaction. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled. AUCTION EXPORT is in no way responsible if a Buyer's registration information, including ID and password is either lost, misplaced or stolen. AUCTION EXPORT is not responsible for any cancelled bids. AUCTION EXPORT still reserves the right to reject or void bids for any reason, in its sole and absolute discretion. Should a dispute arise regarding a bid, AUCTION EXPORT is the exclusive deciding authority with sole and absolute discretion in resolving disputes. Buyers agree to indemnify, defend, and hold AUCTION EXPORT harmless from any and all liability arising out of decisions made in resolving disputes. AUCTION EXPORT may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from auction. AUCTION EXPORT will neither have liability nor obligation to Buyers as a result of any vehicle withdrawal, or auction cancellation or postponement.
7.1 RECORDING OF TELEPHONE BIDDING POLICY
Members of AUCTION EXPORT consent and acknowledge that AUCTION EXPORT may record live telephone bidding to verify and authenticate bids.
7.2 Any statement that any vehicle has a particular part,including but not limited to "Keys: YES" means that the particular part was noted upon arrival at the selling auction facility but is not a representation or warranty that such part will be present at any time thereafter. Auction Export is NOT RESPONSIBLE for missing parts.
7.3 Any indication that the vehicle is RUN & DRIVE means that the vehicle started (either with or without a jump) and was put in gear and pulled forward under its own power at the time of arrival at the selling auction facility.It is NOT a representation or warranty that it will do so any time thereafter or that the vehicle is roadworthy.
AUCTION EXPORT reserves the right not to release any vehicle for any reason.
AUCTION EXPORT shall not be responsible for damage that is brought to the attention of AUCTION EXPORT management after the vehicle is retrieved (picked up) at auction. Buyer will have been deemed to accept delivery of the vehicle in its present condition once the auction is completed and the vehicle is available to be picked up by the Buyer.
8. PURCHASE CANCELLATION POLICY
Late fees of 0.125% per day will be applied to all unpaid purchased cars. If AUCTION EXPORT does not receive the payment or confirmation of the payment during 5 days after the purchase,
AUCTION EXPORT will consider your purchase cancelled. In that case your car will be relisted and a minimum fee of $600 or 10% from the bid amount will be charged and/or your car will be put up for sale and all the costs that will be applicable to a resale of the vehicle will be billed towards your deposit. Some Auctions will charge a cancellation fee of $1,000 which will be applied to a client's account in case of cancellation, and it is a client's responsibility to inquire of this type of auction prior to the purchase.
Please note that cancellation fee for GO LIVE Real Time Bidding is a minimum of $1,000 or 15% from the bid amount, whichever is higher.
9. REFUND POLICY
All bank wire transfers will be refunded upon your request. In your "PROFILE" page, the bottom right you will see the link "Refund Payment", please follow the link and instructions so that we could process your refund. Transfer time for the bank wire transfer is 5-7 business days. Please note we will deduct a bank wire fees of no more than 50$ per refund if made by bank wire transfer.
All credit card transactions will be refunded within 5 business days upon request of the customer. In your "PROFILE" page, the bottom right you will see the link "Refund Payment", please follow the link and instructions so that we could process your refund. Please note we will deduct $0.35 (35 cents) + 3.8% of the amount as a refund transaction fee for every credit card refund.
All deposits made by VoguePay, WorldPay or Skrill in local currency will be refunded in local currency as per exchange rate imposed by VoguePay, WorldPay or Skrill. VoguePay refund below $1,500 will attract a surcharge of $35 in addition to the applicable processing charges.
10. OCEAN SHIPPING POLICY
The Buyer is responsible for all international ocean transportation. AUCTION EXPORT can assist in arranging all international ocean transportation. AUCTION EXPORT will not be held responsible for any damages in the course of shipping or delays of shipments. The Buyer does have the option to purchase marine insurance for an additional fee.
In order for AUCTION EXPORT to assist with transportation solutions, the Buyer must first provide:
- a) Completed Consignee Form;
- b) Signed Bill of Sale;
- c) Full payment;
All vehicles exported out of North America may or may not be inspected by US / Canada customs at anytime. AUCTION EXPORT reserves the right to transfer any US or CANADA customs inspection charges to the buyer.
Consolidated vehicles will be cleared by a predetermined clearing agent.
In case Members wish to arrange for their own Ocean transportation, AUCTION EXPORT will only deliver vehicles to shipping company bonded warehouse or directly to the exit port.
A $300 refundable security deposit will be applied and will be credited back to the dealer's auction export account ONLY when proof of export (bill of lading) is provided.
Hybrid and electric vehicles are subject to a $500 hazmat fee as per the shipping line.
11. LOCAL GROUND SHIPPING POLICY
Members acknowledge and agree that all local ground transportation of purchased vehicles will be handled by AUCTION EXPORT exclusively.
12. CHANGES IN LAW POLICY
Members agree and acknowledge that AUCTION EXPORT is not responsible and will not be held liable for any changes in the laws and regulations originating from Canada and the United States of America and the members agree to indemnify AUCTION EXPORT for any losses and/or damage resulting in changes in laws and regulations originating from Canada and United States of America that may impact the transaction and/or service offered by AUCTION EXPORT.
13. USE OF AUCTION EXPORT CONTENT POLICY
Members agree and acknowledge that they will not use or reproduce any information on the AUCTION EXPORT website without the express written consent of AUCTION EXPORT. Members agree and acknowledge that the use or reproduction of any material on the AUCTION EXPORT website, without express written consent, constitutes an infringement of the intellectual property rights of AUCTION EXPORT with respect to said content.