Terms & Conditions
BidACar, LLC Terms & Conditions of Use
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.
LISTING and INVENTORY INFORMATION ARE NOT OFFERS
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.
ELECTRONIC COMMUNICATIONS
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.
COPYRIGHT, LICENSE AND ACCESS
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.
YOUR ACCOUNT
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.
FEE STRUCTURE
- Buy/Sell a vehicle $0-4,999.00 - $300.00
- Buy/Sell a vehicle $5,000.00-24,999.00 - $350.00
- Buy/Sell a vehicle $25,000.00-49,999.00 - $400.00
- Buy/Sell a vehicle $50,000.00-74,999.00 - $600.00
- Buy/Sell a vehicle $75,000.00-99,999.00 - $700.00
- Buy/Sell a vehicle $100,000 and above - 1% of the cost of the vehicle
WARRANTIES -- TERMS OF SALE -- RISK OF LOSS-INSPECTION --ARBITRATION
Unless otherwise stated in an offer, the following general terms and conditions shall apply to a transaction.
- The buyer has the right to retract his initial offer within the 24 hour time period when and if the Seller makes a counter offer higher then the last bid by the buyer.
- In accepting an offer the Seller represents and warrants to the Buyer that; (a) the Seller is the owner of the vehicle and has full legal right and authority to sell the vehicle; (b) the Seller has the title in hand or can procure the title at time of delivery to buyer; (c) the vehicle's condition is accurately stated in the condition report and/or description provided by the Seller, and that unless otherwise disclosed in a condition report that the vehicle as not been involved in an accident which resulted in frame, structural or material mechanical damage, and does not have material mechanical defects.
- Unless otherwise agreed, Buyer shall pay the purchase price and the Seller shall provide the Certificate of Title and related title documents at time of delivery: provided, however, if the vehicle is subject to a lien paid off by the Seller, the Seller warrants that the lienholder has provided written confirmation of its receipt of the payoff and release of interest, and shall provide these documents to the Buyer at time of delivery.
- In the event of any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity of it, this Agreement shall, at the option of any party, be settled by binding arbitration in accordance with the rules of JAMS applying the substantive law of the state of Washington, without regard to any conflict of laws provisions. The arbitration will be governed by the United States Arbitration Act 9 U.S.C. Sec. 1 et seq., and judgment upon the award rendered by the arbitrator may be entered by any court with jurisdiction. The arbitrator shall be empowered to award to the prevailing party all costs and expenses directly related to the arbitration, including but not limited to reasonable attorneys’ fees. The arbitration will be held in JAMS offices in Seattle, Washington.
- Even with the provisions of this Section, either party may bring a claim for injunctive relief before a United States court with jurisdiction without first submitting the claim to arbitration. No party shall seek to consolidate any such action in which a jury trial cannot be waived. Either party may request an arbitration by written notice to the other party which specifically states the basis for any claim being made and the relief requested. The arbitrator may base his decision on his inspection of the vehicle, the documents of sale, vehicle condition report and affidavits and/or written submissions. The arbitrator may, but is not required, to take oral evidence, and may request that an independent expert inspect the vehicle. The arbitrator may assess or allocate any expert fees between the parties has he deems appropriate.
- The laws of the State of Washington govern all matters. No legal action, except as described herein, may be commenced by a Buyer or Seller against the other, and both parties agree to resolve any dispute by arbitration.
- The point of sale shall be the Seller's principal place of business or other location located in the State of Washington. Jurisdiction and Venue of any action arising from or related to a transaction or other matter shall be in King County, Washington.
- Risk of loss and title shall pass upon Seller's delivery to the Buyer, or if applicable to a carrier.
- BidACar LLC, is NOT THE SELLER of any vehicle and does not make any warranties or promises about any vehicle and its condition, mileage, history, or otherwise. Buyer and Seller understand, represent, and warrant that BidACar shall have no liability related to any claim of breach of warranty, breach of contract by Buyer or Seller, misrepresentation, violation of law, or claims. Furthermore, Buyer and Seller shall indemnify, defend, and hold BidACar and BidACar’s affiliates, directors, officers, employees, agents, subsidiaries, successors and assigns from and against any and all damages, claims, liabilities, judgments, awards, penalties, fines and expenses, including but not limited to reasonable attorney’s fees and punitive or exemplary damages, resulting from or arising out of any vehicle purchase transaction between Buyer and Seller facilitated by BidACar.
- Procedures for Indemnification: In the event of any claim, suit or proceeding, the indemnified Party shall (i) notify the indemnifying Party in writing of such claim, suit, or proceeding; (ii) permit the indemnifying Party to assume control and defense of such action, with counsel chosen by the indemnifying Party (who shall be reasonably acceptable to indemnified party) and (iii) upon request of the indemnifying Party, cooperate in all reasonable respects, at the indemnifying Party’s sole cost and expense, with the indemnifying Party in the investigation, trial, and defense of such lawsuit or action and any appeal arising therefrom. The indemnifying Party shall not enter into any settlement or compromise of any such claim without the indemnified Party’s prior written consent, which consent shall not be unreasonably withheld.
- You will also indemnify, defend, and hold BidACar, its affiliates, its and their licensors, content providers, service providers, employees, agents, officers, directors, contractors, successors, and assigns (collectively, the “Indemnified Parties”) harmless from any breach of these Conditions of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that “Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of Indemnified Parties in connection in addition to that. You will also indemnify, defend, and hold Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Site, Content, or any other information accessed from the Site.
- BidACar, LLC encourages sellers to provide as full, accurate and complete information about the car as possible. BidACar, LLC does warrant the fullness, accuracy or completeness of this information, nor warrant that the descriptions or other content of any listing is accurate, complete, reliable, current, or error-free. If a vehicle offered by a Seller is not as described, the Buyer's sole remedy is to return it to the Seller in the same condition.
- A Buyer's rejection of a vehicle shall be made at time of delivery, if possible, and no later than 3 days thereafter, however, if the delivery is to a carrier, then Buyer shall have 3 days from the carrier's delivery of the vehicle to the Buyer's business location.
BIDACAR SOFTWARE TERMS OF USE
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.
- You may not copy or duplicate the software or its content without prior written consent. We reserve the right to remove our software from any device at any time. We may update our software and download the updates without other or additional consent from you. We did not warrant that our software is compatible with other software which may be on your devices.
- You agree that our software coding and the content of our website is confidential, and that the software, including coding, structure and architecture is proprietary and a trade secret. You may not use, duplicate, copy, reliance, sell, assign, or transfer our software to devices not owned by you or to more than the number of devices you are authorized to use under our agreements.
- You may use the software solely for purposes of enabling you to use and enjoy our Services as provided by us and as permitted by the Conditions of Use, these software terms
- You may not incorporate any portion of the software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the software or otherwise assign any rights to it in whole or in part.
- The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site or within the Content are registered and unregistered Trademarks of BidACar and other third parties that have authorized us to use such Trademarks on the Site or within the Content. Nothing contained on the Site or within the Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any such Trademark without the written permission of BidACar. Your use of the Trademarks displayed on the Site or within the Content, except as expressly provided in these Terms and Conditions, is strictly prohibited. You are also advised that BidACar will aggressively enforce its intellectual property or other proprietary rights to the fullest extent of the law.
- The Site and the Content may contain links to other sites not maintained by or related to BidACar. Links to such sites are provided as a service to you and are not sponsored by or affiliated with the Site, Content or BidACar. BidACar has not necessarily reviewed any or all of such sites and is not responsible for their content. Links are to be accessed at your own risk, and BidACar makes no representations or warranties about the content, completeness, or accuracy of these links or the sites linked to the Site or any Content. Further, the inclusion of any link to a third-party site does not necessarily imply endorsement by BidACar of that site.
- You may not use the software for any illegal purpose.
- We may cease providing any software and we may terminate your right to use it at any time.
- Your rights to use the software will automatically terminate without notice from us if you fail to comply with any of these software terms, the Conditions of Use or any other service terms.
- Any suspension or termination of your User account shall not affect your obligations to us under these Conditions of Use. The provisions of these Conditions of Use which by their nature should survive the suspension or termination of your access to or use of the Site, Services, and/or your account, shall survive including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, and all of the miscellaneous provisions set forth below
- All software is the property of BidACar, LLC or its software suppliers and protected by United States and international copyright laws.
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the software, whether in whole or in part, or create any derivative works from or of it.
- To keep the software up to date, we may offer automatic or manual updates at any time and without notice to you.
- You may not attempt to gain unauthorized access to any portion or feature of the Site or Content, or any other systems or networks connected to the Site or Content, or to any BidACar server, by hacking, password “mining,” or any other illegitimate means.
- You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site.
- You must comply with all state and federal laws, including export and re-export restrictions and regulations of the State of Washington and the United States. You are responsible to collect and pay all taxes related to any transaction are required by applicable law of the jurisdiction you are in.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
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.
DISPUTES
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.
Terms & Conditions
Bidacar Arbitration Policy's
1. Introduction
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.
2. Sales Order and Invoice
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.
3. Sales Disclosures
All vehicles offered for sale through Bidacar are certified and meet the "National Frontline standards." The definition of "frontline-ready" includes:
- All driveline components, including the engine, transmission, rear end, etc.
- Electrical components, such as gauges, windows, accessories, etc.
- Glass, headlights, and all safety components.
- Smogged (if applicable) and safetied.
- No excessive body or paintwork.
- Brakes with 4mm or better thickness and tires with 4/32 tread depth or better.
- Carfax and Autocheck reports are not subject to arbitration. The buyer is responsible for obtaining and analyzing these reports at their discretion.
- Open recalls are not subject to arbitration. The buyer is responsible for obtaining and checking this information.
- Book values and vehicle listings are not guaranteed and are not subject to arbitration. The buyer is responsible for obtaining and analyzing their own books and values.
- The vehicle must have a clean and clear title, free of any fees.
- Vehicles offered as "CERTIFIED" must meet OEM and Purchasing dealers requirements.
- The vehicle must be free of any DMV fees and penalties.
- Anything that affects the retail sellability of the vehicle must be disclosed, including excessive rock chips, road rash, windshield pitting or cracks, curbed wheels, scratches and obvious low-quality paintwork, tires mismatching or wearing unevenly, excessive dents or hail damage, excessive rust, excessive smoke/interior odor, and the presence of 5th wheel hitches.
4. Checklist for Selling Cars Over $100k on Bidacar.com
- National Frontline Standards Policy Compliance:
- Ensure the vehicle meets all the standards outlined in Bidacar.com's National Frontline Standards Policy.
- Brake Measurements:
- Provide detailed brake measurements and ensure they meet safety standards.
- Latest Service Updates and Service Records:
- Include all service records and ensure the latest service updates are documented and available for potential buyers.
- Previous Paint Work:
- Disclose any previous paint work done on the vehicle and provide details to potential buyers.
- Blemishes, Rock Chips, and Scuffs:
- Document and disclose any blemishes, rock chips, or scuffs on the vehicle's exterior.
- Interior Condition:
- Check for scrapes, tears, or excessive wear on the interior of the vehicle and provide detailed information to potential buyers.
- Instruments Operation:
- Ensure all instruments are operating fully to manufacturer specifications and provide evidence of their functionality.
- Extra Keys and Books:
- Include any extra keys and books related to the vehicle in the sale to enhance its value and appeal to buyers.
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.
5. Unwind Fee
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.
6. Canadian Vehicles
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.
7. Ineligible Vehicles
The following vehicles are ineligible for our sales:
- Salvage title
- Frame Damage* unless otherwise agreed upon
- Manufacturer buybacks (Lemon Law)
- Mechanical problems
- DMV-restricted vehicles
- TMU (True Mileage Unknown)
- Gray-market vehicles
- Any safety-related items
- Any vehicle that is not licensable to drive in the United States.
- Any vehicle that has been modified in a way that negates a manufacturer's warranty
- Any vehicle that lacks required emissions or safety equipment
- Any vehicle that has been flood-damaged
- Any vehicle that lacks the required safety equipment
- Any vehicle that is unsafe to drive for any reason
- Any vehicle needing undisclosed repairs to its engine, drivetrain, brakes, or emission system
8. Fees
Fees will be assessed as follows:
- Buy/Sell a vehicle $0-$4,999.00 - $300.00
- Buy/Sell a vehicle $5,000.00-24,999.00 - $350.00
- Buy/Sell a vehicle $25,000.00-49,999.00 - $400.00
- Buy/Sell a vehicle $50,000.00-74,999.00 - $600.00
- Buy/Sell a vehicle $75,000.00-99,999.00 - $700.00
- Buy/Sell a vehicle $100,000 and above - 1% of the cost of the vehicle
9. Transportation
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.
10. Vehicle Titles
- All vehicles sold through the Bidacar platform must have a U.S. title that is free and clear from any lienholders.
- The title must not be deemed salvage, lemon law, or have any other encumbrances.
- The title must be available at the time of purchase for sellers to obtain on the day of payment.
- Titles must be overnighted when the seller's funds are secured.
- It is recommended that both the front and back of titles are sent at the time of sale for the purchasing dealer to inspect and approve.
- If titles are unavailable at the time of sale, the buyer has the right to unwind the vehicle purchase. The seller must reimburse the buyer for any expenses incurred by the buyer, including transportation, inspections, and shop bills.
Following these rules will help ensure a smooth and transparent transaction process for all parties involved in vehicle sales through Bidacar.
11. Sold Units Post contract
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.
12. California vehicles
All California vehicles with existing DMV fees of any kind must be paid if selling the vehicle to another California dealership.
13. Inspection deadlines
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.
14. Unwinds
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.
15. Arbitration
- Dispute Between Bidacar and a Buyer or a Seller. Any claim, dispute or controversy arising out of or related to Bidacar’s services shall be resolved by binding arbitration before a single arbitrator pursuant to Revised Code of Washington Chapter 7.04A. The arbitrator’s decision shall be final and binding. Bidacar is not responsible or liable for any disputes or allegations made for the condition, value or options on any vehicle. Those issues are between the Seller and Buyer.
- Dispute Relating to Condition of Vehicle. Any claim, dispute or controversy relating to the condition, options or quality of a vehicle, including any claim that the vehicle was not “front line ready” and/or that the condition of the vehicle was incorrect, shall be resolved by arbitration before a single arbitrator pursuant to Revised Code of Washington Chapter 7.04A unless the parties consent to it being resolved by Bidacar mediation pursuant to subparagraph C below. The arbitrator’s decision shall be final and binding. Any decision shall be subject to the limitations in subparagraph e.
- Bidacar Mediation. Before a vehicle is entered into arbitration, the Selling dealer and the buying Dealer shall make a good faith effort to settle the Dispute. Although a Bidacar rep may assist them in coming to an conclusion between Buyer and Seller, Bidacar will make no final adjustment without both parties consent. If the Buyer and Seller are unable to resolve the Dispute they mutually may elect to have Bidacar resolve it. If the Dispute relates to the condition or quality of a vehicle, its options, accessories, or front line readyness then a Bidacar representative may inspect the car and may make price adjustments or rescind the transaction in accordance with the guidelines in subparagraph e. . The Parties may request Bidacar to make a binding decision. Bidacar’s decision may involve a price adjustment or rescission of the sale. At Bidacar’s option, Bidacar may have the vehicle inspected by a third party or authorized Mechanic/body shop to determine the presence of damage or a condition and/or the cost of repair. The costs of such an inspection may be assessed against the non-prevailing party.
- Dispute Relating To Shipping Damage. It is the buyer’s responsibility to inspect the vehicle promptly upon delivery for any damage that may have happened in the shipping process. If the receiving dealer signs off on the vehicle without inspection, it then releases the shipper of damage claims.
- Arbitration Limitations. As a general policy, the sale will be rescinded if the Seller was negligent in disclosing the condition or quality of the vehicle or the vehicle’s accessories or options, or if the vehicle was not front line ready. If a sale is rescinded, the seller will be responsible for all transportation costs and inspection costs.
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:
- Hourly Shop Rate Labor Charge: $150.00 per hour. Body Work: $500.00 per hour.
- $250.00 Brakes/Rotors (per axle) Exception on high performance and Luxury vehicles. Limit $400.00 (per axle)
- $250.00 Tires (each) Exception on factory recommended high performance tires or run flat tires. Limit $400.00 (each)
- $250.00 Bumpers (each) Exception
- $250.00 Windshield (exception Luxury, high performance vehicles and S.U.V.s limit $600.00)
- $0.00 Inspection/Certification fees
- $0.00 Maintenance items (oil/fluid change, filters, wiper blades, belts, hoses)
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.
16. Conclusion
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.