Welcome to the BidACar, LLC website. Your use of our website and services is subject to the terms and conditions of use which are stated below. ("Conditions of Use") We reserve the right to change, modify, add or supplement the Conditions of Use, and all other our terms and conditions, including the fees and charges for our services and products, without prior notice to you.
The fees and charges for services and the Conditions of Use by BidACar Club Members shall also be governed by the Club Member Agreement. If the Conditions of Use stated herein are inconsistent with the Club Member Agreement Service Terms, the Club Member Agreement Service Terms will control.
The posting of vehicles by a Seller in its inventory is not and shall not be deemed an offer to sell the vehicle. The posting is for general information only and is an invitation to a potential buyer to make an inquiry about the car or an offer from the buyer.
A seller shall not post a vehicle as being sale if the vehicle is not available for sale at the time of the posting unless there is a full disclosure to that effect, e.g., indicating that the vehicle is "not currently available--coming soon." Sellers shall use reasonable efforts to promptly remove sold vehicle from their posted inventory. The posting of a vehicle is not a warranty that the vehicle is available for sale. BidACar shall have no liability for information provided by a Seller regarding the availability of the car or its condition.
The Services provided by BidACar, LLC are to facilitate the exchange of information and negotiation of a transaction. BidACar, LLC is not an agent of either buyer or seller. BidACar, LLC is not a buyer or seller of a vehicle. No communications made by BidACar shall be deemed an offer to sell or an offer to buy any vehicle.
Communications are through an electronic means. When you use our services including via e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and that all communications from you using the same or similar media shall all satisfy legal requirements that the communications or agreements be in writing. By electronically submitting an offer to purchase or sell a vehicle you agree that you are making a legally enforceable offer which may be electronically accepted by return electronic communication.
All user software and website content included in or made available through our Website such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of BidACar, LLC, or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any BidACar Website or other electronic communications is the exclusive property of BidACar or its content suppliers. Subject to your compliance with these Conditions of Use and your payment of any applicable fees, BidACar or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Website data and BidACar services. This license does not include any resale BidACar data, service or the contents of its Website or any collection and use of any product listings, descriptions, or prices; any derivative use of any BidACar service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by BidACar, LLC or its licensors, suppliers, publishers, rightsholders, or other content providers. No BidACar, LLC service nor any part of any service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BidACar, LLC.
If you use any BidACar, LLC you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BidACar, LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel transactions in its sole discretion.
Unless otherwise stated in an offer, the following general terms and conditions shall apply to a transaction.
The following additional terms found relate any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with our services.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE US ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OUR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE OUR SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR BY US, OR VIA OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OUR SERVICES OR SOFTWARE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any OUR SERVICES, OUR WEBSITE, THE CONTENT OF OUR WEBSITE, OR TRANSACTIONS ARISING FROM OR RELATED TO THE USE OF OUR SOFTWARE, WEBSITE OR SERVICES, SHALL BE resolved by FINAL AND BINDING arbitration, rather than in court. The Washington Arbitration Act and arbitration laws apply to this agreement. This provision SHALL NOT APPLY TO ANY CLAIM BY US FOR RELATING TO ANY CLAIM FOR VIOLATION OF COPYRIGHT, RIGHT TO PRIVACY, CONFIDENTIALITY, TRADE SECRET, UNAUTHORIZED USE OF OUR SOFTWARE, OR LICENSING VIOLATIONS.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing you're the full basis of the dispute. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Bidacar is comprised of a Local Network of Dealers to ensure an faster, easier and more affordable way of doing dealer to dealer vehicle transactions.
We strive to bring our Dealer community together by offering better solutions when doing business. Honesty and Integrity is an important key to all our success! We hope any arbitration will be handled in this fashion.
Bidacar will issue a Sales Order and invoice for each vehicle sold and copies will be emailed to both buyer and seller. Buyer is responsible for transportation. B.A.C can assist on request.
All vehicles offered for sale are presented as frontline-ready unless otherwise disclosed.
Definition of "frontline-ready" includes:
Anything that affects the retail sell ability of that vehicle must be disclosed.
Canadian vehicles do not have to be disclosed. It is the buyer's responsibility to perform due diligence on vehicle origination. Canadian vehicles must comply with U.S. standards, including odometers, clusters, and all emissions. Purchasing dealer is not subject to the $500.00 deductible to repair these issues if arbitrated.
Ineligible vehicles for our sale(s) include:
Fees will be assessed as follows:
Buyers are responsible for arranging transportation. Bidacar can assist the Buyer with transportation upon request. If Bidacar is requested to assist, a separate transportation fee will be charged based on distance. Bidacar will not be responsible for any time delays that may affect arbitration rules. Bidacar will not be responsible for shipping damage that may occur on vehicles. It will be up to the dealer to collect from shipping company directly. Buyer and seller are responsible to inspect vehicles before and after vehicle is shipped.
For any car sold and contracted through Bidacar the buyer and seller have a solid binding legal contract. If for any reason the seller rescinds on the contract he will be billed $500.00, same goes for the buyer. If dealer repeats the infraction 3 times he will be subject to lose his membership on Bidacar.com. If the vehicle that is subsequently sold, and is not available for pickup (ie retailed or out of stock or unavailable at time of pickup), the seller will be charged a $500.00 Sale Fee. and the cost of shipping will be reimbursed to the buyer. If selling dealers contacts a Bidacar rep., via phone ,text, or email,the same business day and reports the car as "not available" this fee may be waived.
All California vehicles with existing DMV fees of any kind must be paid if selling the vehicle to another California dealership.
Buyer's within 0-300 miles from purchasing dealers location is responsible for transportation, and must pick up purchased vehicles within 5 days. Buyer has 3 business days after the vehicle is delivered to report any arbitration. Buyer has a maximum 8 business days to complete delivery of vehicle and enter any arbitration disclosures to seller.
Out of state buyers are responsible for transportation,and must pick up purchased vehicles within 7 business days. Buyer has 3 business days after the vehicle is delivered to report any arbitration.Out of state buyers have 10 days maximum to complete delivery of vehicle and enter any arbitration disclosures to seller.
C.O.D . The buyer/seller will have 5 days added to the arbitration time deadlines and must have payment to sellers within this 5 business day period.
Sellers are required to hold the vehicle during the 5 business day period to allow time for check to be issued and received.
Sellers are responsible to hold sold vehicles within the allowed time frames.If vehicle is paid for in advance selling dealer must hold the vehicle indefinitely. Buyer is responsible to inspect vehicle within the above mentioned time guidelines or loose arbitration rights.
If Bidacar is not notified within the specified arbitration time-period, it will be assumed the vehicle has been accepted and payment must be made to the selling dealer.
Please inspect your vehicles thoroughly before it leaves your dealership! Send safeties and any information on possible arbitration issues that may arise to AVOID arbitration!
On accepted vehicles, Seller will send clear title and smog certificate (if applicable) and buyer will send payment to the Selling Dealer. Selling Dealers may impose at their discretion means of payment policies they may require. Cashiers check, check for title etc..
For any vehicles that are contracted through Bidacar.com to another dealer, and then sold either retail or wholesale to another party after the agreement has been made, the Selling Dealer will be responsible to pay the $500.00 Sell fee. The $500.00 Fee will be utilized to cover Buyer transportation, admin cost, etc.
There is no adjustment for minor repairs. The Buyer bears the risk of their being minor mechanical and/or body repairs which would ordinarily cost less than $500.00 to correct. In other words the Buyer is responsible for the first $500.00 in such repairs. Repairs in excess of that amount may be charged back to Seller and/or are the basis of a price adjustment. Repairs in excess of $950.00 are the basis to rescind the transaction at the Buyer’s option. If Repairs exceed $1,250.00 then the transaction may be rescinded by either Buyer or Seller.
Any Book Values or miss-books are NOT basis of rescission or damages. Buyer is responsible for to Book his vehicles or vehicles being purchased. Posted book values are only a guide. Bidacar and Seller will not be held responsible for miscalculations and out dated book information.
The maximum amounts awarded for any arbitration claims are:
Bidacar will notify Buyer and Seller of the final outcome by email and (if an adjustment has been made) a new Sales Orders will be sent.
Arbitration will not last longer than 3 business days unless agreed upon by both parties or conclusion can not be met. By participating in a Bidacar transaction, either as a Buyer or Seller, all parties agree that Bidacar is only a spokesperson and its decisions shall be final and binding by the consent of Buyer and Seller of that particular vehicle.