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. ("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.
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 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.
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 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.
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 under $5k - $200
- Buy/Sell a vehicle under $50k - $300
- Buy/Sell a vehicle $50k-$99,999 - $500
- Buy/Sell a vehicle over $100k - 1% of sale price
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.
- Any disputes arising from a purchase and sale transaction shall be resolved by final and binding arbitration before a single arbitrator appointed by BidACar, LLC, or as mutually agreed upon by the parties. The non-prevailing party shall pay the arbitrator's fees. 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.
- All matters are governed by the laws of the State of Washington. No legal action 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, and does not make any warranties or promises about the car, its condition, mileage, history, or otherwise. 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.
- BidACar, LLC encourages sellers to 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.
- 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.
- 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.
- In order to keep the software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
- 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. 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.
Terms & Conditions
Bidacar Arbitration Policy's
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.
Sales Disclosure(s)
All vehicles offered for sale are certified and meet the "National Frontline standards".
Definition of "frontline-ready" includes:
- All driveline components, engine transmission, rear end etc..
- Electrical, gauges, windows accessories, etc..
- Glass, headlights all safety components
- Smogged (if applicable) and safetied
- No excessive body or paint work
- 4mm or better on brakes and 4/32 on tires.
- Carfax and Autocheck reports are not arbitrate-able. The buyer is responsible to obtain and analyze these reports and use his/her discretion.
- Open Recalls are not arbitrate-able. The buyer is responsible to obtain and check this information.
- Book Values and vehicle listings are not guaranteed and are not arbitrate-able. The buyer is responsible to obtain and analyze their own books and values.
- Clean and clear title (no fees)
- Vehicles offered as "CERTIFIED" must meet OEM and Purchasing dealers requirements.
- Vehicle must be free of any DMV fee and penalties
Anything that affects the retail sell ability of that vehicle must be disclosed.
- Excessive rocks chips, road rash.
- Excessive windshield pitting or cracks
- Curbed wheels
- Scratches and obvious low quality paint work
- Tires mismatching or wearing unevenly
- Excessive Dents or hail damage
- Excessive Rust
- Excessive Smoke/Interior odor
- 5th wheel hitches
Canadian Vehicles
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:
- 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 which is not licensable to drive in the United States.
- Any vehicle which has been modified and modification negates a manufacturer warranty
- Any vehicle which is missing required emissions or safety equipment
- Any vehicle which is flood damaged
- Any vehicle which lacks required safety equipment
- Any vehicle which is unsafe to drive for any reason
- Any vehicle needing undisclosed repairs to its engine, drive train, brakes or emission system
Fees
Fees will be assessed as follows:
- Dealer Buy/Sell Fee - $300.00
- Under $5k Sale - Buy/Sell Fee - $200.00
- Over $50k Sale - Buy/Sell Fee - $500.00
- Over $100k Sale - Buy/Sell Fee - $1000.00 or 1% whichever is greater
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.
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.
California vehicles
All California vehicles with existing DMV fees of any kind must be paid if selling the vehicle to another California dealership.
Inspection deadlines
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.
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.
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 $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:
- $300.00 Paint work (per panel)
- $250.00 Brakes/Rotors (per axle) Exception on high performance and Luxury vehicles. Limit $400.00 (per axle)
- $150.00 Tires (each) Exception on factory recommended high performance tires or run flat tires. Limit $250.00 (each)
- $150.00 Bumpers (each) Exception
- $150.00 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.