TERMS AND CONDITIONS - GENERAL
1. ACCEPTANCE OF TERMS AND CONDITIONS
The following Terms & Conditions constitute an agreement between you (the "BUYER") and AUCTION EXPORT regarding the use of and access to the auctionexport.com website, apps and programs, the services, and content available via such offerings. BY ACCESSING, BROWSING, AND/OR USING THIS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS PROVIDED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT USE THE SERVICE AND EXIT IMMEDIATELY.
Hereby BUYER understands and acknowledges 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 make changes at any time to the Service and these Terms & Conditions. Any modifications to the Terms & Conditions will be effective upon posting. Your continued use of the Service following the posting of any revised Terms & Conditions will constitute acceptance of the modified Terms & Conditions. Please check these Terms & Conditions periodically for changes.
1.2 VERIFICATION OF INFORMATION
The material that appears on AUCTION EXPORT is for informational purposes only. Vehicle Information provided by AUCTION EXPORT and its vehicle sellers is for convenience only. BUYER shall not rely on Vehicle Information in deciding whether or how much to bid on a vehicle offered for sale through AUCTION EXPORT. 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 any of the related services that are being offered through this site.
1.3 RIGHT TO DENY USE
BUYER acknowledges that AUCTION EXPORT reserves the right, in its sole discretion, to delete, disable or suspend BUYER’s Login at any time with or without notice for any reason including, but not limited to, nonpayment or late payment of any money due to AUCTION EXPORT, failure to claim a vehicle, etc.
1.4 LIMITATION OF LIABILITY
Notwithstanding anything in these Terms & Conditions to the contrary, under no circumstances whatsoever has AUCTION EXPORT be liable to BUYER for any special, exemplary, consequential, indirect, or incidental damages of any kind whatsoever, including claims for lost profit or lost business, even if advised of the possibility of such damages, and regardless of the form of action, whether in contract, TORT, or otherwise. In no event will AUCTION EXPORT’S liability for any claim of any kind, whether based on contract, warranty, TORT, strict liability or otherwise, for any losses or damages arising out of, connected with, or related to, the BUYER agreement or the performance or breach thereof, or any vehicle or the use or performance thereof, exceed the amount paid by BUYER for the related vehicle hereunder. BUYER shall not be entitled to any additional damages including but not limited to repair costs, parts or labor costs, transportation costs, inspection costs, or lost profits.
1.5 "AS-IS WHERE-IS." POLICY
BUYER agrees that all vehicles posted at auctionexport.com are sold "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, and are not represented as being in roadworthy condition, mechanically sound or maintained at any guaranteed level of quality. The vehicle may not be fit for use as a means of transportation and may require substantial repairs at the BUYER's expense. It may not be possible to register the vehicle to be driven in its current condition.
2. DESCRIPTION OF SERVICE
AUCTION EXPORT is an online platform that brings together automobile dealers and auctions, manufacturers, banks, insurers, leasing companies, exporters, and shippers along with various other automotive service and automotive industry professionals with international BUYERS. All vehicles purchased through AUCTION EXPORT are for export out of the USA and Canada only. As a registered BUYER of AUCTION EXPORT following benefits apply:
BUYER understands that AUCTION EXPORT does not control the price, description, 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 the USA and Canada. Violation will result in penalties.
3. MEMBERSHIP & REGISTRATION RIGHTS AND OBLIGATIONS
To obtain access to the available features of our website, you have to be a registered BUYER of AUCTION EXPORT. BUYER understands and agrees that all vehicles purchased are for export out of North America only. In consideration of your use of the Service you agree to:
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 website.
Registered BUYER has access to such features as schedules of the upcoming auctions, detailed information on the auction inventories, as well as access to 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.
BUYER agrees and acknowledges that an existing BUYER cannot change personal information once it has been registered at AUCTIONEXPORT.COM. The BUYER may send a formal request to firstname.lastname@example.org for review and evaluation.
To register with AUCTION EXPORT you have to be 18 years of age and older. Nevertheless, AUCTION EXPORT reserves the right to deny registration 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 ensure that you log out 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
All BUYERS agree to pay all customary AUCTION EXPORT fees and charges for services rendered in connection with the purchase and sale of the vehicles; including without limitation AUCTION EXPORT fee, auction buyer fee, auction late fee, sale fee, storage fee, entry fees, loading fees, and other customary fees and charges. All fees are subject to change without prior notice. The BUYER is solely responsible for ascertaining applicable fees prior to bidding on a vehicle
Payment for any vehicle purchased is due within three business days (auction day plus two business days). Statutory holidays will not alter the payment period, it is the BUYER's sole responsibility to ensure that the payment is done on time. Vehicles not paid for within the above-specified timeframe will be subject to an auction late fee ($50 or 2% of the selling price of the vehicle, whichever is greater) and storage, as well as AUCTION EXPORT Late Fee of 0.125% per vehicle per day; AUCTION EXPORT in its sole discretion reserves the right to waive any penalties or late fees. There will be a re-delivery charge billed towards your purchase due to non-payment, late payment, and/or missing documents, and also if the vehicle was purchased with a pending Title.
Deposit payments made towards placing a bid on a vehicle can be paid by credit card. The remaining balance for vehicles must be paid by bank wire transfer if it is in excess of $2,500. AUCTION EXPORT does not accept any letters of credit, cheques, or cryptocurrencies.
AUCTION EXPORT accepts a maximum credit card payment total of $2,500. Any payments in excess of this amount must be made by bank wire transfer.
BUYER agrees and acknowledges that should a credit card is in excess of $2,500, a 3.8% (three point eight percent) processing fee will be applied.
6. TERMS OF SALE POLICY
BUYER agrees and acknowledges to be responsible for all vehicles purchased through AUCTION EXPORT. The BUYER agrees and acknowledges that any vehicles purchased MUST be exported out of USA and/or Canada and will not be resold in USA and/or Canada. Every selection to BID and/or BUY NOW is the BUYER's obligation to purchase the vehicle.BUYER agrees and acknowledges that once BID and/or BUY NOW is selected, it can not be retracted, canceled, or deleted.
All transactions are in USD (United States Dollars).
7. AUCTION POLICIES
BY REGISTERING WITH AUCTION EXPORT AS A BUYER AND PRIOR TO PLACING A BID AND/OR BUY NOW, THE BUYER WARRANTS THAT THE BUYER HAS READ AND UNDERSTANDS THE FOLLOWING CONDITIONS OF SALE AND AGREES TO BE BOUND BY THEM.
Once a bid has been submitted, it cannot be retracted, deleted, or canceled. AUCTION EXPORT is not responsible for any canceled 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. BUYER agrees 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 sale. AUCTION EXPORT will neither have liability nor obligation to BUYER as a result of any vehicle withdrawal, or auction cancellation, or postponement.
7.1 RECORDING OF TELEPHONE BIDDING POLICY
BUYERS of AUCTION EXPORT consent and acknowledge that AUCTION EXPORT may record live telephone bidding to verify and authenticate bids.
7.2 VEHICLE INFORMATION PROVIDED ON
AUCTIONEXPORT.COM is for convenience only. BUYER shall not rely on Vehicle Information in deciding whether or how much to bid on a vehicle offered for sale. Vehicle Information includes but is not limited to year, make, model, trim level, style, performance package, VIN, mileage, odometer disclosure, title, airbags, vehicle’s condition, actual cash value, estimated repair cost, damage type, images, sale document, whether the vehicle has a catalytic converter, keys, tire tread depth, or VIN plates, and whether or not a car starts or runs. No effort has been made to list open recalls applicable to any vehicles. AUCTION EXPORT expressly disclaims any and all representations, warranties, and guarantees regarding vehicles sold. AUCTION EXPORT does not guarantee that vehicles meet or can be modified to meet local emission and/or safety requirements. In accordance with applicable state law, BUYER agrees and acknowledges that vehicles sold with a clear title may have a salvage history.
It is the sole responsibility of the BUYER to ascertain, confirm, research, inspect, and/or investigate vehicles and any and all Vehicle Information prior to bidding on vehicles.
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.
7.4 VEHICLE STATUS
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.
Any statement that airbags are intact (such as through an auction notation "intact" airbags) means that the airbags appeared, in the selling auction’s judgment, not to be deployed upon arrival at the selling facility or place of check-in. It is not a warranty or representation that the airbags are in fact present or operational. AUCTION EXPORT does not inspect or conduct testing on the airbags to ensure that the airbags are in fact present or operational. BUYER agrees and acknowledges that vehicles offered at AUCTIONEXPORT.COM may contain deployed airbags that have not been replaced.
A general statement regarding the location of damage to the vehicle, such as "front end damage" or "rear end damage" is not intended to be inclusive or exhaustive of all of the damage the vehicle has suffered. Vehicles may contain hidden damage to the undercarriage or suspension, electrical malfunctions, frame damage, missing components, water damage, biohazard damage, or other hidden or undisclosed damage. In placing bids or buying vehicles, BUYER acknowledges and accepts these risks.
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. The 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.
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 within 5 days after the purchase, AUCTION EXPORT will consider your purchase canceled. In that case, your car will be relisted and a minimum fee of $600 or 10%, whichever is greater, from the purchase price 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 or 15%, whichever is greater, which will be applied to a client's account in case of cancellation, and it is a client's responsibility to inquire about this type of auction prior to the purchase.
Please note that the cancellation fee for BIDGOLIVE vehicles is a minimum of $1,000 or 15%, whichever is greater, of the purchase price. In the event that the vehicle is not re-sold within 3 months, the warehouse will scrap the unit and all fees will be charged towards the BUYER’s account.
9. REFUND POLICY
BUYER may request a refund of any unapplied security deposit online by visiting the "PROFILE". All refunds are subject to confirmation that the security deposit is not applicable to any open bids or unpaid charges.
All bank wire transfers will be refunded upon request. Processing time for the bank wire transfer is around 5-7 business days. A bank fee of no more than $100 will apply to all bank wire refunds.
All credit card transactions will be refunded within 5-7 business days upon request. A transaction fee of $0.35 (35 cents) + 3.8% of the amount will be applied to every credit card refund.
All deposits made by WorldPay or Skrill in local currency will be refunded in local currency as per the exchange rate imposed by WorldPay, or Skrill.
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. Any additional cost incurred due to issues with the vehicle, will be transferred to the BUYER. If the vehicle does not qualify for any shipping service due to its condition, the buyer will be made aware of all additional costs associated with having the vehicle shipped. The BUYER does have the option to purchase marine insurance for an additional fee. Ocean insurance will start the moment the vessel sails and not while the vehicle is parked at the warehouse or port.
If the car presents any issue while at the terminal, warehouse, or container terminal, that prevents it from being exported, the client will be made aware of and informed of all fees he/she will be responsible for.
In order for AUCTION EXPORT to assist with transportation solutions, the BUYER must provide within 3 days:
All vehicles exported out of North America may or may not be inspected by US / Canada Customs at any time. AUCTION EXPORT reserves the right to transfer any and all US or CANADA Customs inspection charges to the BUYER.
Consolidated vehicles will be cleared by a predetermined clearing agent.
If BUYERS wish to arrange for their own Ocean transportation, AUCTION EXPORT will only deliver vehicles to shipping company bonded warehouses or directly to the exit port.
A $300 refundable security deposit will be applied and will be credited back to the BUYER's AUCTION EXPORT account ONLY when proof of export (bill of lading) is provided.
Vehicles older than 1985 may have an additional fee of $500, which will be returned to the BUYER's AUCTION EXPORT account as soon as the vehicle is picked up and cleared at the destination.
Hybrid and electric vehicles are subject to a $500 hazmat fee as per the shipping line.
11. LOCAL GROUND SHIPPING POLICY
BUYER agrees and acknowledges that all local ground transportation of purchased vehicles will be handled by AUCTION EXPORT exclusively. BUYER also acknowledges that any repair such as but not limited to: change of tires, change of batteries, change of door handles, etc, are the BUYER’s sole responsibility. Although AUCTION EXPORT does not provide repair services, we will do our best to have our drivers assist WHENEVER possible.
The majority of the vehicles transported with our carriers have insurance coverage. Nonetheless, the insurance company will not provide coverage if the driver is found to be at fault. Additional ground transportation insurance is available for purchase to provide 100% coverage during the ground transportation process.
12. CHANGES IN LAW POLICY
BUYER agrees and acknowledges 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
BUYERS 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. BUYERS 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.
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