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.
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 potential buyer to make an inquiry about the car and/or make an offer.
Bidacar Dealer Users are required to authorize the publication of their retail inventory. Bidacar does not require access to the dealership's Dealership Management Software("DMS"). Bidacar has the ability, upon your request, to make private the particular inventory so as to prevnt said inventory from being displayed publicly. Except where authorized in writing by Bidacar, Users with inventory shall not be permitted.
A seller shall not post a vehicle as being available for sale if the vehicle is not available for sale at the time of the posting except where 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 vehicles from their(publicly or privately?) posted inventory.
The posting of a vehicle and the contents of the post including but not limited to any and all assertions of fact are provided exclusively by the posting User and not verified by Bidacar. BidACar shall have no liability for information provided by a Seller regarding the availability of the car or its condition.
BidACar Services: BidACar facilitate the exchange of information and negotiation of a transaction. BidACar is neither an agent of either buyer or seller. BidACar never takes possession of any vehicles or certificates of title nor is BidACar involved with the transferring of title from Seller to Buyer. 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 and/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 any BidACar website(hereinafter jointly referred to as "Site") 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. 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 committed to providing a faster, easier, and more affordable way of conducting dealer-to-dealer vehicle transactions. As part of our commitment to our dealer community, we have established an arbitration policy to ensure that any disputes are handled in a fair and transparent manner. This policy outlines the guidelines and procedures for arbitration in accordance with the National Frontline standards.
Bidacar will issue a Sales Order and invoice for each vehicle sold. Copies of these documents will be emailed to both the buyer and seller. Buyers and sellers must approve receipt of the purchase order within the same business day of the transaction. It is the buyer's responsibility to arrange for transportation for the vehicles purchased on the Bidacar platform, although Bidacar can assist upon request. Bidacar nor any third parties will be held responsible for arranging transportation.
All vehicles offered for sale through Bidacar are certified and meet the "National Frontline standards." The definition of "frontline-ready" includes:
By following this checklist, you can ensure that your high-value cars are presented accurately and transparently to potential buyers on Bidacar.com, leading to successful sales and satisfied customers. This also helps avoid any arbitration issues!
We highly recommend that your vehicles are shipped in a “Covered container.”
Additionally, we recommend having the vehicle inspected by “One Guard” or a mechanic shop of your choice.
If a vehicle contracted through Bidacar.com to another dealer is sold either retail or wholesale to another party, or if the buyer backs out after the agreement has been made, the selling or buying dealer will be responsible for paying a $500.00 Unwind fee. This fee will cover transportation, administrative costs, and other related expenses.
Canadian vehicles do not have to be disclosed. It is the buyer's responsibility to perform due diligence on the vehicle's origination. Canadian vehicles must comply with U.S. standards, including odometers, clusters, and all emissions. The purchasing dealer is not subject to the $500.00 deductible to repair these issues if arbitrated.
The following vehicles are ineligible for our sales:
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.
Following these rules will help ensure a smooth and transparent transaction process for all parties involved in vehicle sales through Bidacar.
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.
At Bidacar, we highly recommend that buyers have their vehicles inspected by a certified technician or mechanic from a third-party inspection company. While it is not mandatory, this step ensures transparency and provides buyers with an unbiased assessment of the vehicle's condition.
Please note that Bidacar accepts no responsibility for damages resulting from third-party inspection companies' findings. However, in the event of arbitration disputes that cannot be resolved, inspections will be required.
All vehicles with disputable arbitration claims must forgo a third-party inspection. An extended 72 hours will be added to the arbitration deadlines. If the 3rd party inspection finds no claims to the reported arbitration submission, the seller will be responsible for all inspection costs.
Bidacar buyers depended on honesty and integrity from the sellers so that damages were reported before the sale. Bidacar and its sellers are also dependent on buyers submitting valid claims. Failure to uphold these basic requirements.
If the issue being arbitrated is deemed conclusive, the expense of the inspection will be borne by the seller. Conversely, if the inspection results are inconclusive, the buyer will be responsible for covering the inspection costs. Initially, Bidacar may cover the cost of the inspection, but the buyer or seller will be invoiced and agrees to reimburse Bidacar for the minimum inspection service cost of $150.00, as stated in this contract.
To ensure a smooth process, inspections must be completed within 72 hours of the purchase date. It is the buyer's responsibility to inform their Bidacar Sales Representative of any inspections requested by emailing info@bidacar.com or contacting their Sales Representative directly.
In the event of a vehicle unwind by the seller, it is crucial that Bidacar is notified on the same business day. Failure to do so will result in the seller being held responsible for the unwind fee and the inspection fee for the reported vehicle.
We appreciate your understanding and cooperation with our vehicle inspection policy. Should you have any further questions or concerns, please do not hesitate to contact us.
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 independent dealer (non franchise) - Arbitration deadlines start from the time the vehicle is delivered. Buyers that purchase from an independent have 72 hours from the time the vehicle is delivered to report any arbitration.
Independent Frontline Guarantee - Bidacar wants to protect all it dealer members and stand behind the Frontline guarantee that we represent to our dealers. We realize that franchise dealers may have a higher hire standard than most independent dealers. Independent dealers selling on the Bidacar platform must have the vehicles inspected by a 3rd party to be covered under the Frontline guarantee offered by Bidacar. If the buying dealer refuses or waives the opportunity to have the vehicles inspected, Bidacar is not responsible for backing the purchasing dealer with the Frontline Guarantee. In such cases, Bidacar will not be held accountable for arbitrating with the selling dealer if a dispute arises on a particular transaction if the buyer refuses an inspection. To maintain eligibility for the Bidacar Frontline Guarantee, independent dealers must ensure that all vehicles undergo inspection by a 3rd party. If a buying dealer refuses or waives this inspection opportunity, Bidacar will not be liable for supporting the purchasing dealer with the Frontline Guarantee. In such instances, Bidacar will not be obligated to mediate disputes between the buying and selling dealer if a conflict arises from a transaction where the buyer declined an inspection.
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 $700.00 to correct. In other words the Buyer is responsible for the first $700.00 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.
Bidacar is dedicated to upholding the highest standards of honesty, integrity, and transparency in our dealer-to-dealer vehicle transactions. This arbitration policy ensures that any disputes are handled fairly and in accordance with the National Frontline standards. By participating in Bidacar's platform, all dealers agree to abide by this policy.
Please note that this document is for informational purposes only and does not constitute legal advice. Dealers should consult their legal advisors for any specific questions or concerns regarding arbitration procedures.