EbuyAuto.com Virtual Arbitration/ Auction Terms and Conditions
In consideration of Webstar Innovations, Inc. ("EbuyAuto.com") allowing an automobile dealer or an automobile dealer's Authorized Representative(s), as defined below (in either instance, the "Dealer"), to purchase and sell motor vehicles at EbuyAuto.com's auction facilities (the "Auction"), Dealer, as purchaser or seller, as applicable, agrees to the following terms and conditions ("Auction Terms and Conditions"):
EbuyAuto.com as Consignee. All vehicles submitted to the online Auction system by Dealer for sale at the Auction ("Consigned Vehicle") are considered to be on consignment by Dealer for EbuyAuto.com to sell to other dealer patrons on behalf of Dealer. EbuyAuto.com is a service company and does not purchase or sell Consigned Vehicles. Rather, EbuyAuto.com facilitates transfers of ownership between Dealer and other dealer patrons of the Auction. The word "consignment" does not imply physical possession of any vehicle by EbuyAuto.com, at any time. EbuyAuto.com currently is providing electronic, online computer auction services, which may be accessed through the Internet. Consignment Vehicles are committed to the Auction process, once the Dealer has initiated the electronic transaction. At that time, the vehicle data is encapsulated and recorded within the Auction programming process, therefore committing the physical vehicle as detailed under these terms.
Dealer Eligibility and Applicable Rules. By participating as purchaser or seller in any sale in the Auction, Dealer represents that it is: (a) licensed in one or more states to sell motor vehicles; and (b) registered with EbuyAuto.com. Dealer shall be considered registered with EbuyAuto.com if Dealer has been registered through the computer system at any automobile auction owned and operated by an affiliate of Webstar Innovations, Inc., the parent company of EbuyAuto.com, or registered on an affiliate online auction - provided this can be verified through our various channels. While EbuyAuto.com's affiliates endeaveor to operate their respective auctions according to uniform rules and procedures where possible, the Auction Terms and Conditions of the auction where a consignment or sale occurs shall govern such transactions.
Sale Procedure. Unless the seller designates the sale as an "if" sale through available mechanisms found on the Auction website, all sales will be consummated when a vehicle is submitted for Auction on the website. In the event that a Dealer makes a mistake in the submission/listing process or a technical malfunction of the Auction website hardware or programming causes a vehicle to be auctioned incorrectly, auctioned in delayed fashion or not auctioned at all, EbuyAuto.com Ltd. and Webstar Innovations, Inc. are limited in their liability to a refund of Buyer and Seller fees to the appropriate party or parties. Dealer agrees to contact EbuyAuto.com during posted business hours, as soon as possible, to rectify any errors if possible, in a timely manner. All available website recording devices, such as logs, shall be utilized to facilitate problem transactions in a fair and equitable manner. EbuyAuto.com Ltd. and Webstar Innovations, Inc. will not be held liable for any damages, either real or perceived, direct or indirect, resulting from use of their online auction services.
A sale is final once our electronic auction system has awarded the sale to the highest bidder under the terms and conditions of our auction process UNLESS the Consigned Vehicle was misrepresented by the seller Dealer or in extreme instances of unforeseen frame damage, bad transmission or motor of the said vehicle.
Service Fees. Our simple pricing model currently applies to all Buyers and Sellers as follows:
- Buyer Dealers pay $100.00 (USD) per successful buy transaction, whether through a listed auction or through a Make An Offer buy transaction. In the event of a successful Make An Offer buy transaction, EbuyAuto.com will contact the Seller Dealer and gather profile information (Dealer Name, Contact Name, Address, Phone, Credit Card Account Information, Username and Password, etc.) in order to collect the Seller Dealer's fee of $100.00 (USD). In the event that the Seller Dealer refuses to provide such information, the otherwise successful Make An Offer transaction will be nullified.
- Seller Dealers pay $100.00 (USD) per successful sell transaction via listed vehicle auction and/or Make An Offer transaction. In the event of a successful Make An Offer buy transaction, EbuyAuto.com will contact the Seller Dealer and gather profile information (Dealer Name, Contact Name, Address, Phone, Credit Card Account Information, Username and Password, etc.) in order to collect the Seller Dealer's fee of $100.00 (USD). In the event that the Seller Dealer refuses to provide such information, the otherwise successful Make An Offer transaction will be nullified.
**Note: We have adopted the policy of having both the Buyer Dealer and the Seller Dealer pay a $100.00 fee, because it is the only way to ensure that each deal is consummated. It is the only fair way to guarantee that both parties honor their end of the bargain, and that EbuyAuto.com makes a fair profit for facilitating the deal.
All Dealers agree to pay any fees for non-sufficient funds (NSF), damages suffered by EbuyAuto.com for mis-representation, fraud or other felonies. All Dealers furthermore agree to take complete responsibility for any costs associated with a buy or a sell transaction, once EbuyAuto.com has provided a successful buy/sell transaction - to include but not limited to title transfer costs, physical vehicle transport costs, and negotiated detail work or repairs.
Payment Terms. All buyers and seller fees and charges are taken from the appropriate accounts, when a buyer is awarded a bid through the auction process. Accounts must be set up in advance to listing and/or bidding. All charges and fees must be disputed in writing. If a chargeback is performed against EbuyAuto.com without any previous attempt to contact and dispute a charge or fee, EbuyAuto.com reserves the right to charge the appropriate account and/or bill Dealer a Chargeback Fee defined here as the minimum of $50.00 plus any bank penalties, charges, fees or other expenses incurred by EbuyAuto.com as a result of unresolved disputed charges between EbuyAuto.com and Dealer. Dealer agrees to settle all disputes of this nature with EbuyAuto.com through reasonable recorded communications or, as a last result, through legal arbitration.
EbuyAuto.com also reserves the right to charge a minimum fee of $25.00 plus the customary Buyer/Seller fee, plus monthly interest at a rate equivalent 12% annually for accrued debts to EbuyAuto.com, for any account with Non-Sufficient Funds, expired credit card, change of card without 10 days prior notification in writing, or any other circumstance resulting in non-payment at the time of a transaction performed through our online auction facilities.
Security Interest. Dealer agrees that EbuyAuto.com has sufficient equity interest in any listed Dealer vehicle considered a Consigned Vehicle under these terms, and may at its sole discretion make claim to such interest as it relates to any unpaid debt owed to EbuyAuto.com by Dealer. Once Consigned Vehicle is awarded to a bidder Dealer through the auction process, if either buyer or seller Dealer party is indebted to EbuyAuto.com, Ebuy may take possession of such vehicle in an attempt to collect such debt from either party.
Warranties Regarding Title. Dealer covenants, guarantees and warrants that with respect to each Consigned vehicle consigned by Dealer for sale through EbuyAuto.com: (a) title to the Consigned Vehicle will be transferred valid and free from all defects, liens and encumbrances; (b) Dealer has the right and power to sell and transfer title to the Consigned Vehicle; and (c) Dealer will defend title against all claims and demands of any person.
Vehicle Identification Numbers. No Consigned Vehicles will be offered for sale without a proper vehicle identification number plate. EbuyAuto.com reserves the right to refuse to sell any Consigned Vehicle on which the vehicle identification number plate appears marred or in any way altered or any Consigned Vehicle not originally manufactured for sale in the United States (European or Canadian conversions).
Auction Procedure. The Auction consists of online forms to list and submit vehicles for electronic auction. For details on how our website processes vehicle information, payment account information, notification of auction status and resolution, and auction Terms, Policies and Procedures, please refer to our online help screens, Frequently Asked Questions, or our Technical Help Desk at 330-307-1503.
No Warranties by EbuyAuto.com. EbuyAuto.com is neither responsible for the accuracy of odometer mileage on the Consigned Vehicle nor the information contained in the odometer mileage statement. EbuyAuto.com does not make or guarantee any warranty, express or implied, including, without limitation, warranties of title, merchantability or fitness for a particular purpose, plates, service policy, year of manufacture or mileage with respect to any Consigned vehicle. EbuyAuto.com, furthermore, disclaims the accuracy of any market information provided to Dealer through its computerized system or otherwise, which market information is provided as a courtesy to Dealer. All vehicle data posted on our site is provided by a third party or by the Dealer, and while all reasonable efforts are made to ensure correct information, EbuyAuto.com will not bear any liability for omissions or errors in said data.
Delivery of a Vehicle. Delivery of a Consignment Vehicle purchased by a Dealer through EbuyAuto.com's online auction is the sole responsibility of the selling Dealer. If delivery occurs before : (a) final payment is received by EbuyAuto.com for its services rendered; or (b) a valid certiicate of title for the Consigned Vehicle has been delivered to the purchasing Dealer from the selling Dealer, it is solely for the convenience of said Dealers, and no title or ownership interest is conveyed or is intended to be conveyed to purchasing Dealer until both of these conditions have been met. Dealer is liable for all expenditures or any mileage on, or damage to, a Consigned Vehicle occurring after the Consigned Vehicle is purchased by and delivered into Dealer's possession but before title is conveyed to Dealer. Neither EbuyAuto.com nor the selling dealer shall be liable for any cost of repairs or other costs incurred by purchasing Dealer in the event title is not delivered and the purchasing dealer returns the consigned Vehicle. EbuyAuto.com shall not be liable for titles mailed and not received by the Dealer.
Risk of Loss. EbuyAuto.com shall not be liable nor responsible for acts of God, fire, theft, collision, vandalism, or any other damage sustained by any Consigned Vehicle at any time during which it is performing services related to the Consigned Vehicle.
Indemnity. Dealer shall indemnify, defend and hold harmless EbuyAuto.com, its affiliates, directors, officers, agents and employees, from and against any liability, loss, damage, cost, expense, claim, suit or demand, including, without limitation, attorney fees and other legal costs, resulting from, arising out of or connected with, directly or indirectly, any of the following: (a) purchase and sale of Consigned Vehicles, including, without limitation, title services provided by EbuyAuto.com, odometer mileage, odometer mileage statements or breach of Dealer's warranty of title; and (b) breach by Dealer of any other of these Auction Terms and Conditions.
Dealer's Representations regarding Financial Information. Dealer further represents and warrants that the financial and other factual information contained in the Dealer Application is true, complete and accurate. Dealer authorizes an investigation of Dealer's credit history and any other history deemed necessary by EbuyAuto.com, including, without limitation, Dealer's lending institution accounts listed in the Dealer Application. Dealer shall notify EbuyAuto.com immediately of: (a) any change of its principal financial lending Institutions; or (b) any other material changes in the financial or other information contained in the Dealer Application, including, without limitation, a change of ownership interest(s) in the Dealer whereby more than 10% of such interest is transferred by sale, purchase, gift, assignment or otherwise.
Authorized Representatives. Dealer authorizes the person(s) designated in the Dealer Application as "Authorized Representative(s)" to take or perform the following actions with respect to Consigned Vehicles: (a) purchase and/or sell Consigned Vehicles and complete and execute on behalf of Dealer papers conveying title, including endorsement of the certificate of title, odometer statements, bills of sale and other similar documents in connection with the sale of all Consigned Vehicles; and/or (b) complete and execute on behalf of Dealer checks and/or drafts in connection with the purchase or sale of Consigned Vehicles. The authority of the Authorized Representatives shall continue in full force and effect until terminated by Dealer in writing actually received by EbuyAuto.com. New or additional representatives of Dealer must be authorized by Dealer in writing and delivered in advance to EbuyAuto.com. Dealer guarantees, as principal, all transactions made at the online Auction by Dealer's Authorized Representatives. No Authorized Representative shall be under the age of eighteen (18) years and neither Dealer nor its Authorized Representative(s) shall involve any person under such age with the online Auction process of EbuyAuto.com as an assistant, observer or otherwise.
Changes to Auction Terms and Conditions. These Auction Terms and Conditions are subject to change upon written notice to dealer. Use of the EbuyAuto.com website or any of our services or facilities subsequent to delivery by mail to dealer's place of business of such written notice shall be evidence of dealer's acceptance of any changes to these Auction Terms and conditions. Further, Dealer is subject to all other terms and conditions communicated in writing to Dealer, including, without limitation, terms and conditions posted conspicuously on our website, in emails or on our physical premises.
Return/Dispute Policy. All fees assessed by EbuyAuto.com are non-refundable. In the case of misrepresentation by Seller causing a cancellation of the transaction, the Buyer WILL be refunded any fees paid and the Seller WILL NOT be refunded. Buyer and Seller will individually be held responsible for any unauthorized chargeback fees.
Miscellaneous. No waiver of the provisions hereof shall be effective unless in writing and signed by ebuyAuto.com. If any term, provision or section of these Auction Terms and Conditions is held invalid or unenforceable, under any statute or court decision, or any governmental rule or regulation, the remainder of these Auction Terms and Conditions shall remain effective. These Auction Terms and Conditions shall bind the respective heirs, executors, administrators, successors and assigns of Deler and inure to the benefit of EbuyAuto.com and its successors, assigns and subrogees. These Auction Terms and Conditions shall be governed by and interpreted in accordance with the internal laws of the State of Ohio.
Non-use of Dealer Account. Currently, if a Dealer is not being charged a Membership Fee, or Service Plan Fee to use the online Auction system and services of EbuyAuto.com, by specific arrangement or sales promotion, said Dealer would only be responsible for other applicable listed fees and charges under these Auction Terms and Conditions. In either case, Dealer agrees to log into our system at least once per month to review Dealer profile information and verify that it is correct. EbuyAuto.com reserves the right to deactivate any unused Dealer account (no login for sixty days or more) to enhance security and to help prevent unauthorized Dealer account use. It is highly encouraged that Dealers update passwords periodically, according to their own internal data network security protocols, to help avoid security breaches and potential unauthorized use of a Dealer account. Neglect of an account by non-use or by failing to update passwords and authorized users can contribute directly to unauthorized use of an account. EbuyAuto.com will not be liable for any damages caused by unauthorized use of a Dealer account. EbuyAuto.com takes all reasonable precautions to safeguard Dealer data, but it is the responsibility of the Dealer to secure password and all User-end information, as well as to use and update your account as described. Accounts may be reactivated by calling our Technical Support number.
EbuyAuto.com also reserves the right to delete or deactivate duplicate accounts. Because our system is automated for applications, and most transactions, it is possible for a Dealer to set up multiple accounts, which are a security threat as well as a having the potential for causing confusion for administration and technical support of accounts and billing.