Bidder’s
Terms and Conditions
Last Updated 09/25/09
1. Introduction:
DJW Equipment Sales, Inc is
a licensed California Auto Dealer (No. 53579), Auto Wholesaler and Auto
Dismantler (No. 53580). We are a Copart Registered Broker.
By registering with the
DJW Equipment sales, inc, the Customer acknowledges that it understands
that it is registering with, and purchasing Vehicles from DJW equipment
sales, inc, and not from Copart.
Our goal is to simplify the
bidding and buying process as much as possible, especially for the first
time buyer. There are many rules and regulations that must be
adhered to involving several different agencies and sometimes, different
states. Our experience and reputation can help you cut through
the red tape. We are open Monday through Friday 8:00 am to 5:00
Pacific Standard Time. You should contact us directly, not Copart,
with any questions you may have concerning the Broker Program.
We can provide you with third
party inspections, transportation of your vehicle after purchase, on-site
vehicle storage at our facility, as well as exportation of vehicles
to other states.
DJW Equipment Sales, Inc makes
no claims as to the condition or roadworthiness of vehicles you purchase
from DJW Equipment Sales, Inc.. All vehicles are sold AS IS-WHERE
IS. Bidders have the option to personally inspect the vehicles the
day before the auction for a $25.00 one day visit pass, or hire someone
to inspect any vehicle. We advise our customers to obey all state
laws, rules, and DMV regulations pertaining to motor vehicles. No vehicle
should be driven away from the Copart yard.
2. Terms Applicable To
All Bidders:
If the vehicle is sold subject
to seller approval, the seller has up to 48 hours to approve or reject
the bid. Once DJW Equipment Sales, Inc has been notified that
the bidder has won the bid for a vehicle (bidder will be notified via
email), the bidder has 24 hours to initiate payment to DJW Equipment
Sales, Inc through PayPal or a wire transfer. Once DJW Equipment
Sales, Inc receives confirmation from PayPal or its bank that payment
has been credited to DJW Equipment Sales, Inc, the bidder will receive
instructions from DJW Equipment Sales, Inc via e-mail on how to take
possession of the vehicle. The vehicle will not be released to
the bidder until full payment is received by DJW Equipment Sales, Inc.
The bidder is responsible for any transportation fees, delinquent DMV
fees and storage fee or access fees. Non-payment of a successful
Bid within 48 hours may result in a loss of the full or partial bid
deposit and loss of your bid privileges. A one day grace period
with a $50 late charge will only be available with the advance written
consent of DJW Equipment Sales, Inc. All bid participants must
be at least eighteen years of age.
3. Terms Applicable To
California Bidders:
Bidders residing in California
and buying a salvage title vehicle must have smog, Brake and Lamp, and
VIN verification or CHP inspection within 50 days of vehicle possession.
Title and registration can then be issued and the sale consummated.
Clean titles require smog only. DJW Equipment Sales, Inc. will
issue a junk slip on anything other than clean title. California
bidders must also pay any applicable state or local sales tax.
We suggest you contact your local DMV for specific registration and
title requirements prior to bidding!
4. Terms
Applicable To Non-California Bidders:
Non-California bidders are
fully responsible for their residence state DMV requirements, inspections,
and documents, and will only receive the current clean title, or salvage
certificate, and/or bill of sale. Non-California bidders do not pay
California sales tax, do not pay California DMV fees, and are not required
to have any California inspections. Be advised that most states
do not recognize a California Bill of Acquisition. You may not
be able to title such a vehicle in your state. But, if the vehicle
has the title option of “Acquisition, Dealers and Dismantlers get
Salvage Certificate/ Clean Title”, then as a dealer, we can provide
you with the Salvage Certificate or Clean Title.
5. Important Time Lines:
Deposit and non-refundable registration fees
must be paid up front to DJW Equipment Sales, Inc.
The winning bid amount, all
fees including the Copart buyer fee (see buyer schedule in the Terms
and Conditions located on our registration page), Copart virtual bid
fee, Copart gate fee, and any transaction fee are due within 24 hours
after buyer’s receipt of a winning bid notification.
6. Pickup and storage
Terms:
A. Preliminary
bidders: Immediately after bid approval, bidders have two business
days or 48 hours free storage to pick up the vehicle. A $20.00
per day storage fee will be charged after 7 days, including the day
of sale. If the winning bid was placed over the internet or 3
days after a bid placed at a Kiosk at the Copart yard. The Copart yard
is closed on the weekends. All fees, including late fees must
be paid before picking up your vehicle. If vehicle is not picked
up within 7 business days, the vehicle may be re-listed under the “Re-listing
Conditions” described below. You may also lose your deposit.
B. Live
Virtual Bidders: Immediately after bid approval, bidders have 7
days of free storage. After that, storage is $20.00 per day, including
weekends. Remember, the Copart yard is closed on weekends.
All fees, including late fees must be paid before picking up vehicle.
If vehicle is not picked up within 7 days, including the day of sale
the vehicle may be re-listed under the “Re-listing Conditions” described
below. You may also lose your deposit.
For
bids “on approval”, the
seller has until 5:00PM the day after the sale to approve your bid.
The payment and storage fees do not start accruing until the bid is
approved by the seller.
7. Bid Fee Schedule &
Terms:
Payments are made only through
PayPal or a direct wire transfer.
A. Start Up Fees at Registration: Security
Deposit- $400.00 (10% of $4000.00). For bid limits over $4000 see “Deposit
calculator” on our web-site to calculate security deposit.
Non-refundable Registration
Fee- $195.00
B. Winning
Bid Fees: are due by close of the next business day. You will be
e-mailed an invoice.
C. Transaction
Fee: The greater of $200.00 or 5% of the Sales Price.
Use our "Fee Calculator" to see, how fees calculated
8. Deposit and Re-List
Fees:
A. Re-list
Fee: In the event a buyer fails to complete the purchase of a vehicle,
the buyer agrees to pay a re-list fee of $400 or 10% of the sales price,
whichever is greater. This fee will be taken from your pre-paid
security deposit. Buyer is also responsible for any and all collection
costs, including attorney fees, court costs and expert witness fees.
Bidding privileges will be suspended until payment in full has been
received by DJW Equipment Sales, Inc. Any Buyer that fails to
complete the purchase of a second vehicle will have his bidding privileges
permanently revoked.
Use our "Deposit Calculator" to see, how we calculate deposit
B. Deposit:
If a buyer decides to no longer be registered with DJW Equipment, Inc,
the deposit will be returned if no bids are pending and the buyer’s
account is in good standing with no fees due. Deposit will be refunded within 10
business days.
9. Copart Online Bidder
I.D. and Password:
When you sign up to become
a bidder you will be issued a Copart online bidder I.D and personal password. You are entirely responsible
for maintaining the confidentiality of your password. You agree
not to use the account, username, or password of another bidder at any
time or to disclose your password to any third party. You agree
to notify DJW Equipment Sales, Inc immediately if you suspect any unauthorized
use of your account or access to your password. You are solely
responsible for any and all use of your account. Do not give out your
Bidder I.D. or Password to anyone. You agree your bidder I.D.
will only be used by you or disclosed by you only to duly authorized
employees/agents on your account. Payment responsibility remains
with you for all bids placed and accepted under your bidder I.D. and
password. Bidder I.D.s are good for up to 90 days with no activity.
After 90 days of no activity, the bidder I.D. is canceled, and your
deposit will be returned subject to the conditions stated in paragraph
8B. Bidder must then re-register to obtain a new active bidder
I.D. If bidder keeps his/her bidder I.D. active by at least one
purchase every 90 days, he/she may keep the bidder I.D. for one year,
at which time he/she will have to re-register for a new bidder I.D.
10. Other legal Stuff:
A. Limitation on Liability: IN NO EVENT SHALL DJW EQUIPMENT SALES, INC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF DJW EQUIPMENT SALES, INC OR COPART SERVICES, EVEN IF DJW EQUIPMENT SALES, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. Disputes:
The Agreement shall be governed by, and construed in accordance with,
the laws of the State of California, without regard to its conflict
of law provisions. You and agree to submit to the exclusive
jurisdiction of the courts located within the State of California to
resolve any dispute arising out of the Agreement or the DJW Equipment
Sales, Inc services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY
AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN
RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS,
COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF,
UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY
HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS
REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE
EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY
TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION
IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
C. Indemnity: You agree to indemnify
and hold DJW Equipment Sales, Inc and Copart, its subsidiaries, and
affiliates, and their respective officers, agents, partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your
use of DJW Equipment Sales, Inc or Copart services in violation of this
Agreement and/or arising from a breach of this Agreement and/or any
breach of your representations and warranties set forth in this Agreement
and/or if any Content that you post on or through DJW Equipment Sales,
Inc services which causes DJW Equipment Sales, Inc to be liable to another.
D. Entire Agreement: You agree to accept all of the above-stated terms and conditions upon your first use of the DJW Equipment Sales, Inc website or any DJW Equipment Sales, Inc services. Acceptance of said terms and conditions are further affirmed by your becoming a bidder. The terms and conditions stated herein constitute the entire agreement between you and DJW Equipment Sales, Inc regarding the use of the DJW Equipment Sales, Inc services website. The failure of DJW Equipment Sales, Inc to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. The section titles herein are for convenience only and have no legal or contractual effect. The terms and conditions herein operate to the fullest extent permissible by law. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining terms or conditions.