TRT INTERNATIONAL CAR AUCTION MEMBER TERMS AND CONDITIONS
1.1 As an online vehicle broker site, Car Auction Member lists a variety of different makes and models of vehicles. These vehicles are sold on behalf of significant auctions and are available to a wide array of consumers and dealers. We can help you with:
Getting privileges and access to substantial auctions; Supervision of all documents necessary for purchasing a vehicle; Transferring the title of your vehicle; Inland, air, or ocean shipping for your purchased vehicle; Financing for some individuals, on specific purchases to particular destinations.
1.2 A purchaser must understand that Car Auction Member has no control over the price or any other sale terms offered through the online site and that these prices and terms of sale are controlled strictly by the auction clearinghouse, seller, and/or dealer of the automotive services or vehicle.
1.3 The purchaser must also agree and understand that the Car Auction Member is a neutral facilitator in the process of purchasing a vehicle. Car Auction Member also has no input or control over the precision, actuality, legality, quality, or safety of any posts created by sellers, dealers, users, brokers, auction clearinghouses, or any other automotive industry professional. As a purchaser, you understand and agree to the fact that Car Auction Member cannot and does not confirm or verify a variety of information about users, auction clearinghouses, brokers, dealers, sellers, or any other similar individuals. This information includes the identity, qualifications, abilities, and background of said individuals. Car Auction Member also does not guarantee the quality or condition of the vehicles or any provided services that are offered through this website.
- General Use Restrictions
2.1 All rights, titles, and interests in and to the information and materials on this website belong to Car Auction Member and any third parties giving rights to Car Auction Member and its affiliates. These materials are copyrighted works of Car Auction Member and its affiliates. Car Auction Member grants the purchaser a limited, personal, non-transferable, and non-exclusive license. This license allows the purchaser to use and display the material on a personal computer. It is limited for the purposes associated with the purchaser’s interaction with this site. Except as outlined in these terms and conditions, the purchaser cannot download, show, copy, reproduce, share, revise, edit, improve, or alter any of the information or materials in any way. The pictures and descriptions on this website cannot be transferred or reproduced on any other website.
2.2 If the purchaser breaches any of the terms or conditions, this limited license is terminated automatically without notification. If the permit is terminated, the purchaser must destroy any printed or downloaded information or materials immediately. The purchaser does not have any right, title or interest in or to the site or materials. Neither does the purchaser have any copyright, trademark, or any other intellectual property right. The purchasers agree not to mirror or frame the website, any information or materials located on or accessible through the website on any other server or online device without written permission.
- Buyer Registered Accounts
3.1 Once the registration process is complete, the purchaser creates an account using a password and user name. The purchaser is the sole party responsible for the confidentiality of this created account. The purchaser is also the sole responsible party for all activities that happen under this created account. Car Auction Member is not responsible for lost, stolen, or misplaced registration information, including the purchaser’s username and password.
3.2 If any unauthorized usage of the purchaser’s account or any other security breach, the purchaser agrees to notify Car Auction Member immediately. The purchaser also agrees to exit his or her account after the session is complete. Car Auction Member will not be liable for any issue, including loss or damage due to the purchaser’s failure to comply with this agreement.
- Deposits, Fees, Payment, and Deliveries
4.1 The purchaser agrees to cover all customary auction fees for services provided. These charges include without limitation sale, gate, buyer, entry, loading, storage, and any other fees associated with the purchase and sale of vehicles. These fees can change without any notice. It is the purchaser’s responsibility to verify the fees and charges required by Car Auction Member before incurring any charges.
4.2 The purchase can use a check or wire transfer to make deposit payments towards a bid for a vehicle. The purchaser agrees to sign an agreement to pay for all charges and to provide any additional required documentation, which may include without limitation a valid government-issued identification.
4.3 All vehicles must have payment through the website within two (7) days following the purchase date by wire transfer only to Car Auction Member’s account. A late fee of $100 or more (depends on auction clearinghouse) per day will be charged for any vehicle not paid for within this timeframe.
- Terms of bidding and sale
5.1 If you are the highest bidder on a vehicle at the end of an auction, you are unconditionally obligated to complete the sale. This completion includes without limitation paying the full and final amount of the highest bid, buy it now, or offer made price. The purchaser cannot retract, delete, or cancel any bid once it has been submitted, an offer that has been made, or the place of a buy it now options. Car Auction Member is not responsible for any canceled bids, offers, or/and buy it now options. Car Auction Member, in its sole and absolute discretion, can reject or void bids, offers, or buy it nows for any reason. Car Auction Member is the only deciding authority with sole and absolute decision making if any disputes arise associated with a bid, offer, or buy it now. The purchaser agrees to reimburse, protect, and hold Car Auction Member harmless from any and all liability associated with any bids, offers, buy it now, and/or any decisions made when resolving disputes. Car Auction Member has sole and absolute discretion to postpone or cancel a sale or pull a vehicle from the auction with or without notice. Car Auction Member has neither liability or obligation to the purchaser due to a vehicle withdrawal or canceled or postponed auction.
5.2 The purchaser agrees that he or she is responsible for all vehicles brought at Car Auction Member. Anything purchased on Car Auction Member is solely at the purchaser’s own risk.
5.3 All transactions and purchases are completed in USD (United States Dollars)
- Cancellation Policy
6.1 Car Auction Member will consider the purchaser’s purchase cancel and void if payment in full is not received within seven days after the purchase date. If this issue happens, then the vehicle the purchaser is required to buy will be relisted, and a fee will then be applied. This fee will be the greater of 1. 10% of the price of purchase, 2. $500, 3. the total cost (the total cost of the vehicle includes all fees charged by Car Auction Member and the clearinghouse to complete the purchase of the vehicle that the purchaser allowed Car Auction Member to buy from the clearinghouse on his or her behalf minus any amount receive from resale through the auction clearinghouse) or 4. any fees charge to Car Auction Member by the auction clearinghouse. These fees will be charged to the purchaser’s account. The purchaser acknowledges and agrees that he or she will be fully liable for payment of all fees discussed in this paragraph.
- Refund Policy
7.1 The purchaser agrees and acknowledges that the transactions contemplated herein and on the site are non-cancelable and permanent in nature. These transactions include without limitation using the auction process to place a bid on a vehicle and all fees associated with a bid on a vehicle or an offer on a vehicle. Since these transactions are non-cancelable and permanent in nature, no refund in connection will be given for any reason. The purchaser agrees that a deposit is only refundable if all of the outstanding invoices have been paid. It is further acknowledged that the following conditions must be met for a refund of a deposit: the purchaser will not have any current bids, has not won the auction by the bid placed, no offers to purchase a vehicle have been made, a written request has been given to Car Auction Member, AAM has verified the refund request, and the purchaser’s account does not have any pending charges and/or fees and is in good standing. Once these terms and conditions are met, the purchaser’s deposit will be refunded within three to five business days.
- Accident Reports
8.1 Car Auction Member cannot and does not verify the accuracy of the vehicle reports. Car Auction Member also does not warrant or guarantee the accuracy of these reports or any related products. Car Auction Member does not accept any liability if these reports are inaccurate with errors or omissions. All warranties, whether expressed or implied, are disclaimed by Car Auction Member. This disclaimer includes any implied or expressed warranties of merchantability or fitness for a particular purpose in connection with these reports.
8.2 When the purchaser provides information and purchase, views, download, or otherwise access a vehicle report, he or she agrees that the following terms and conditions constitute an agreement between the purchaser and Car Auction Member. These terms and conditions apply to the usage of vehicle reports. The purchaser must stop accessing any vehicle reports if he or she does not agree to be bound by the terms discussed in this section. It is at the sole discretion of Car Auction Member to modernize, supplement, revise, or change the terms for the vehicle reports without notice to the purchaser. If the purchaser continues to use the vehicle reports after any changes to the terms, it shall constitute the purchaser’s agreement to all changes and updates to the terms associated with vehicle reports starting the date of any changes.
8.3 Car Auction Member gets the vehicle reports from VinAudit. These reports are provided solely to and for the use of consumers. The reports are available for evaluating a vehicle’s history and are meant to be used for the purchaser’s own personal, non-commercial use and in accordance with these terms.
8.4 The purchaser has a limited, personal, non-exclusive license to access the vehicle reports. This access allows the purchaser to view, access, download, and use the reports for personal use and not commercial use. Vehicle reports cannot be transfer or shared with a third party unless this party has a connection with the purchaser buying or selling a vehicle for personal use. Commercial use is defined as using the reports for any of the following activities: 1. purchasing or selling any vehicle for something other than the purchaser’s own personal use 2. resale, sublicense, or distribution of a vehicle report 3. to analyze between or among groups of different vehicles, or 4. any other commercial or business purpose or benefit.
8.5 In no situation, the purchaser should directly or through another party A. modify, adapt, alter, copy, sell, publish, copy, transfer, or retransmit any complete or partial vehicle report. B. create a changed copy of a vehicle report. C. delete, change or block any copyright, trademark, or any other information contained in a vehicle report, or D. use a vehicle report to identify or contact a current or previous owner of a vehicle.
8.6 The purchaser agrees to be in full compliance with all local, state, federal, and foreign laws and regulations when using the vehicle reports or the information within the vehicle reports.
8.7 The vehicle identification number or VIN is used by VinAudit to create vehicle reports. These reports are compiled using records from particular third parties to report the history of the vehicle. It would be impossible for VinAudit to have all information from all sources, which means they may not have all of the information available to other third parties. These third parties include other vehicle history providers. Car Auction Member and VinAudit cannot monitor how the purchaser uses the data obtained from a vehicle report and does not verify the validity of the data in the report. Neither party does not guarantee the condition or reliability of any vehicle on the website. The purchaser is solely responsible for the usage of the vehicle reports. He or she is also solely responsible for any vehicle purchase and sale decisions.
8.8 The sole control and responsibility of the usage of the vehicle reports remain with the purchaser. Car Auction Member cannot assure the fact that the vehicle reports are a full or complete history or contain all discrepancy data associated with a particular vehicle. Additional title brands, records of accidents, odometer readings, and other discrepancies or records for a vehicle may exist. A vehicle report may not list these items, and the report does not substitute a physical inspection of a particular vehicle.
8.9 Car Auction Member does not guarantee the purchaser’s access to any vehicle report. Car Auction Member does not guarantee the validity or accuracy of any data located in the report. If the vehicle report is delayed or is not made available, Car Auction Member shall not be held liable. Car Auction Member gives the vehicle reports to the purchaser ‘As Is, Where Is”. Car Auction Member disclaims all warranties, whether implied or expressed. Car Auction Member also disclaims any suggestion or warranty associated with the merchantability or fitness for a particular reason regarding the vehicle reports.
8.10 If the purchaser uses the vehicle report for any other reason than permitted in these conditions, which directly or indirectly affects Car Auction Member, he or she will defend, indemnify, and hold harmless Car Auction Member from any third party claims. These claims include costs, attorney fees, and expenses waged against Car Auction Member.
All vehicle shipping charges (inland and ocean) are the responsibility of the buyer. Car Auction Member will work with the buyer to arrange to ship on behalf of the buyer. However, the buyer must provide for all shipping charges associated with the vehicle. The buyer can reimburse the shipping company directly or Car Auction Member for any and all shipping charges. All documentation and any other items required to ship the vehicle are solely the responsibility of the buyer, and Car Auction Member will not be liable for missing documentation.
- Warranties and Damages Disclaimer
11.1 The purchaser uses this website at his or her own risk. Inaccuracies or errors may be present on the site. These errors or inaccuracies may affect the quality of the services and materials available on the site. These services and materials include without limitation data on the vehicle up for sale on the website. Car Auction Member has not independently verified or authenticated in whole or part any products found on the website. The purchase should confirm any provided information that is critical to his or her decision to purchase before purchasing any vehicle or related services. This data includes without limitation the price and condition of the vehicle. Car Auction Member does not warrant the timeliness or accuracy of description or pictures associated with the vehicle the purchaser wants to buy on the website. The purchase is to release Car Auction Member from all and any liability associated with omissions and errors in the online pictures or descriptions of the vehicle regardless of who (Car Auction Member, affiliated dealers, or third parties) has provided the information.
11.2 Abiding by applicable law, the purchaser agrees to release Car Auction Member, and it affiliated dealers from liability under any circumstances to the purchaser or any other third party (severally, individually, or jointly). This release includes from any known or unknown, unforeseen or foreseen, direct or indirect losses or damages coming from or in any way associated with any products or services bought or provided on or through the website or any disclaimer provided in these conditions. The products include without limitation vehicle reports received through the website and vehicles purchased using the website.
11.3 To the extent of the appropriate law, the purchaser or any other third party (jointly, severally, or individually) will not under any circumstances hold Car Auction Member liable for any a. damages regardless if said damages are incidental, indirect, special, consequential or punitive. b. revenue, profit, reputation, opportunity, goodwill, data, or use loss. c. attorney fees or any other costs or expenses, including any other claim not equally a willful or intentional wrong.
11.4 The website is provided to the purchaser and others on an ‘as is’ and ‘where-is,’ ‘with all faults’ basis. This statement means that Car Auction Member provides no implied or stated warranty or guarantee. Car Auction Member and all of its affiliates for itself and any third party that provides materials, content, or services to this site issue no guarantees or representations associated with the website. This fact includes but not limited to, completeness, accuracy, truth, suitability, or quality of the material, product, or service listed on the website. This material includes without limitation vehicle reports. All express, implied, statutory, and any other conditions, warranties, and representations are disclaimed. These conditions, warranties, and representations include but are not limited to any implicit warranty of merchantability or capability for a specific purpose. Car Auction Member and all of its affiliates are released from liability to the purchaser or any other third party for any damages. These damages include but are not limited to punitive, consequential, incidental, direct, or indirect issues. Even if these damages are associated with the website or the vehicle reports, which includes the purchaser’s use of the site or the reports or his or her being unable to use the website or vehicle reports. This liability is waived even when Car Auction Member has been advised beforehand of the possibility of any such damages.
11.5 If, despite the above paragraphs, Car Auction Member is found liable in any claim, then the purchaser agrees that, to the extent allowed by the appropriate laws, Car Auction Member’s total liability is limited. This limitation applies to the buyer and all third parties (jointly, severally, or individually). The liability will not be more than the amount of any fees paid by the purchaser to Car Auction Member. These fees include without limitation, late, relist, transaction, storage, vehicle reports, and any other fees that do not include the auction clearinghouse charges, price of the vehicle, or any other charges by any other third parties. The fees must also be only related to the transaction or vehicle purchase associated with the liability. Car Auction Member’s liability to the purchaser or any other third party (jointly, severally, or individually) should not exceed $500 USD if the purchaser did not pay any of the above-stated fees or charges.
11.6 The purchase should remember that Car Auction Member is a marketing service and nothing else. Due to this reason, Car Auction Member cannot and does not inspect, verify, guarantee, or warranty any of the available vehicles on the website, the vehicle reports, or any of the information about the services or products placed on the website by third parties or other affiliates of Car Auction Member.
- Errors or Inaccuracies
12.1 Representations (i.e., vehicle reports, descriptions, pictures, and others) of the products on the website may have inaccuracies or errors. These errors include without limitation title status, the status of the vehicle, mileage, and anything else associated with the vehicles on the site. With respect to the accuracy or completeness of any of this information, Car Auction Member and its affiliates do not offer any warranty, representation, or guarantee. The purchaser should confirm, research, ascertain, investigate, and inspect the vehicles before placing a bid or purchasing a vehicle. This research should include all data associated with the type, condition, title, damage, status, history, and mileage of the vehicle.
12.2 The auction clearinghouse and dealers connected to Car Auction Member have the right to cancel or refuse any purchaser’s offers placed on the website. Whether the offer has been accepted or not and whether a deposit has been made, any dealer connected with Car Auction Member can refuse or cancel the offer. Any deposits will be refunded in a timely manner if the purchaser has paid it, and the offer was canceled or refused by the auction clearinghouse or dealer.
- Risk of Loss
13.1 From the time the affiliated dealer of Car Auction Member accepts the purchaser’s bid, the purchaser is fully responsible and takes all risk of loss for any vehicles purchased. The storage facility acts as bailey of the purchaser’s vehicle from the time the purchaser’s bid is accepted (for any vehicles located at either of Car Auction Member’s or its affiliated storage facilities) until the vehicle is moved out of the storage facilities.
13.2 Under the terms of this bailment, the purchaser agrees:
13.2.1 The auction clearinghouse, storage facility, Car Auction Member, and its affiliated dealers (without limitation, the dealer responsible for purchasing the vehicle for the purchaser) are not liable for any loss or damage to the vehicle or parts for any reason whatsoever. These reasons include but are not limited to the operational procedures at any of the areas, theft, vandalism, acts of God, or any other reason not stated; and
13.2.2 The auction clearinghouse, storage facility, Car Auction Member, and its affiliated dealers are not liable for any damages or fees after the vehicle has been removed from the storage premises.
- Import or Export Issues
14.1 The purchaser has the responsibility to obey all customs regulations associated with foreign title vehicles when importing or exporting the vehicle. A variety of items may be required, which includes but not limited to customs inspection, export or import fees, and emissions compliance.
- Condition and History of Vehicle Disclaimer
15.1 Any vehicles purchased through Car Auction Member are labeled “As-Is Where-Is, With All Faults,” without any implied or expressed warranty. This disclaimer includes but is not limited to any warranty associated with the fitness of the vehicle for a particular purpose or the merchantability of the vehicle.
15.2 Car Auction Member does not express or imply a warranty or presentation that any vehicle purchased on the website can be legally registered in any of the states or countries or sent to another country. The purchaser acknowledges and accepts all risks in connection with any variations in a state or country sale document and laws associated with the registration process. The purchaser also agrees there is a possibility that those variations may hurt the marketability of the vehicles purchased through Car Auction Member website.
15.3 In agreement with any appropriate state laws, the purchaser agrees that even though a vehicle sold with a clear title, it may still have a history of salvage.
15.4 If the purchaser receives a statement about the location of any vehicle damage, this statement is not comprehensive or exhaustive of all damage the vehicle may have endured. The pictures and damage section may not reflect all of the damage associated with the vehicle. The purchaser has the sole responsibility to examine, discover, confirm, research, and investigate the vehicle, including current condition and other information associated with the vehicle before a bid or purchase has been made.
15.5 Car Auction Member and its affiliates do not guarantee the keys to the vehicles are available. This lack of guarantee applies even if the keys are present in the images or were located in the vehicle before the time of purchase. The ability of the vehicle to meet or can be modified to meet local emissions and safety requirements are also not guaranteed by Car Auction Member and its affiliates. The purchaser has the sole responsibility to examine, discover, confirm, research, and investigate all of the data available regarding the type, condition, title, damage, status, history, and mileage of the vehicle before placing a bid or purchasing the vehicle.
- Pre-Qualification for Financing
16.1 The purchaser agrees and acknowledges that the application for pre-qualification on the website is meant to advise him or her of the status of being pre-approved, but it is not an offer for any funds. At no time is a pre-qualification or pre-approval an offer of a loan or financing to the purchaser from Car Auction Member. The relevant financial institution must grant and secure the loan upon the credit approval of the purchaser.
16.2 The purchaser acknowledges that the programs, terms, conditions, and rates on the Car Auction Member’s website can change or expire without notice to the purchaser.
16.3 When completing and submitting a pre-approval application on the website, the purchaser understands that the application is not for credit, funding, or any other type of financing. The purchaser further agrees that the application does not provide any form of a vehicle loan or offer of a vehicle loan that will be provided.
16.4 The purchaser also understands that only the financial institution providing a loan will determine the approval of a vehicle loan or offer and that Car Auction Member is not involved in this decision or decision-making process.
- Disclaimer for Registration Laws
17.1 Car Auction Member and its affiliated dealers do not offer any type of guarantee that a purchased vehicle from the website can be legally registered in any country or state. It is the purchaser’s responsibility to accept the risks associated with any variation in vehicle title and registration laws between the different states, countries, or provinces. These variations may negatively affect the marketability of any vehicle bought through the website.
- Disclaimers for DMV and MVD
18.1 Any motor vehicle department paperwork not completed by Car Auction Member that contains defects, errors, or omissions is not the responsibility of Car Auction Member or its affiliated dealers. Furthermore, Car Auction Member is not responsible for any errors, defects, or omission made by the MVD or DMV.
- Export/Import Control/Local Laws
19.1 This website is controlled by Car Auction Members and its affiliates from its headquarters. This location means that Car Auction Members cannot make any representation that the information provided is appropriate for use in any other location. All marketing and promotional materials located on the website are directed solely to people, businesses, or other entities located in the USA unless otherwise explicitly stated. If the purchaser is located outside of the United States, he or she is entirely liable for compliance with appropriate local laws and regulations. These laws and regulations may include but are not limited to the export and import rules.
20.1 These terms and conditions can be revised by Car Auction Member without notice only by updating this posting. The purchaser is the only responsible party for ensuring a check for changes periodically. Once the modifications are made to these terms, it is understood the purchaser has accepted such revised terms and conditions.
- Appropriate Law and Choice of Forum
21.1 Without regard to the conflicts or choice of law provision of any other jurisdiction, any action associated with these terms and conditions is governed by the law of the State of New Jersey, which is the location of Car Auction Member headquarters. The purchaser agrees to yield to the jurisdiction of the courts located in this state. The resolution of any issues associated with these terms and conditions will be made in these courts. The purchaser also agrees that any litigation connected to Car Auction Member or its affiliates will be conducted in New Jersey using the laws of the state.
- Unauthorized Activities
22.1 The purchaser can violate copyright, trademark, privacy and publicity laws, regulations and statues associated with communications, and other appropriate laws and regulations if he or she uses any of the materials on the website inappropriately or unauthorized. The purchaser is responsible for his or her actions and the actions of anyone using the purchaser’s login information. If the purchaser or anyone using the purchaser’s login information violates any applicable law or rights of a third party, the purchaser will indemnify and hold Car Auction Member and its affiliates harmless for any liabilities, damages, costs, and expenses in connection to misusing the website.
- Licensed professional dealers back the items offered on the website.
23.1 Car Auction Member services are only offered to those individuals who can legally enter a binding contract under the appropriate law. Car Auction Member services are not available to individuals under the age of 18 or any members that are temporarily or indefinitely suspended.
23.2 If any part of these terms and conditions are determined to be invalid or unenforceable, that part will be removed, and the remaining parts will be enforced. The purchaser agrees that Car Auction Member and its affiliates can automatically dispense this agreement and all incorporated agreements.
- Digital Millennium Copyright Act (DMCA) Notice
24.1 Car Auction Member cannot process any DMCA notices for any websites that are not owned by Car Auction Member or hosted by third parties. However, Car Auction Member will ensure all reasonable attempts to back the purchaser’s direct claims to such sites when it is possible.
24.2 Please be aware that the purchaser can be responsible for any damages (costs and lawyer’s fees) if he or she falsifies that material or activity is encroaching upon. Car Auction Member will try to collect these damages promptly.
24.3 The purchaser’s DMCA notice will be sent to the copyright department. It also can be forwarded to other third parties.