Allgemeine Geschäftsbedingungen für Mitglieder
Last updated on April 14, 2019
EasyExport.US is a limited liability company located at 1970 NE 153RD street Unit 1, North Miami Beach FL 33162. EasyExport.US is the provider of the Website (as defined below), as well as your membership and any services associated with your membership.
THESE MEMBER TERMS AND CONDITIONS DETAIL THE ACCESS AND USE OF EASYEXPORT.US’S SERVICES, AND THESE TERMS AND CONDITIONS CREATE A LEGALLY BINDING CONTRACT BETWEEN YOU AND EASYEXPORT.US. PLEASE READ THESE TERMS CAREFULLY AND COMPLETELY BEFORE USING THE WEBSITE AND/OR EASYEXPORT.US’S SERVICES.
BY REGISTERING WITH EASYEXPORT.US, YOU UNDERSTAND YOU ARE REGISTERING WITH AND/OR PURCHASING VEHICLES FROM EASYEXPORT.US AND FURTHER, THAT YOU ARE NOT REGISTERING OR PURCHASING VEHICLES FROM COPART.
BY USING EASYEXPORT.US’S SERVICES IN ANY WAY, YOU REPRESENT AND WARRANT TO EASYEXPORT.US THAT YOU HAVE READ AND THAT YOU UNDERSTAND THESE MEMBER TERMS AND CONDITIONS COMPLETELY, THAT YOU ACCEPT THESE MEMBER TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE BOUND BY THESE MEMBER TERMS AND CONDITIONS AS WRITTEN.
Throughout the Website, and in these Terms and Conditions, references to "we," "our," and “EE” refer to EasyExport.US. The terms "you" and "Member" refer to registered members of the https://www.easyexport.us website. The term "Website" refers to https://www.easyexport.us as well as any other website, extension, and subdomain that EasyExport.US, provides. The term “Member Services” refers to the Website, products, services, tools and applications provided by EE. The terms “Member Account” and “Account” refer to your account with EE.
B. Binding Agreement
Please read these Terms and Conditions carefully; by registering to become a Member you are agreeing to be bound by the Terms and Conditions in their entirety. Signing up and registering as a Member on EE indicates that you understand that you are bound by these Terms and Conditions. That said, if you disagree with or you don't understand anything set forth in these Terms and Conditions, do not use the EE Website and do not register to become a Member.
By agreeing to these Terms and Conditions, you are representing that you are at least eighteen (18) years old and that you understand that you're entering into a legally binding agreement.
C. Changes to the Terms and Conditions
EE reserves the right to update, change, replace, or delete any part of these Terms and Conditions, in our sole discretion at any time. Any updates, changes, and deletions become effective immediately after they are posted on the Website.
By continuing to use the EE Website and our services after the Terms and Conditions are modified in any way, you will be deemed to have accepted the Terms and Conditions as modified.
D. Changes to the Website and Member Services
EE reserves the right to update, change, replace, or delete any part of the Easy Export Website and the services we offer (you can find specific details about the membership below) at any time in our sole discretion. Any updates, changes, replacements, or deletions become effective immediately. Please note that such changes may include the services we offer, content provided, hours of operation, and the like.
E. Prohibited Uses
Members are prohibited from using the Website and/or any Member Account:
- For an unlawful or prohibited purpose;
- For any obscene purpose;
- To request others to undertake or take part in illegal acts;
- To violate any international, federal, provincial, state, or local law, regulation, rule, or ordinance;
- To infringe upon or violate the intellectual property rights of EE or others;
- To harass, abuse, insult, harm, disparage, intimidate, or discriminate based on race, ethnicity, disability, religion, gender, sex, sexual orientation, or national origin;
- To provide misleading or false information;
- To transmit viruses or other types of harmful code that could impact the Website, our Member Services, or other Members of EE, Copart Auto Auctions, or any affiliated services;
- To interfere in any way with the security measures placed on our Website, the Copart Auto Auctions website, or any affiliated websites;
- To gather or track any personal identifying information of others;
- To crawl, pharm, phish, scrape, spam, spider, or engage in any other activity aimed at collecting and/or distributing information without the proper consent.
By using our Website or Member Services in any way, you understand and accept that EE can terminate your use of our Website and Member Services at any time.
F. Accuracy, Completeness and Timeliness of Information.
EE does not guarantee the accuracy, completeness, or timeliness of the information posted on our Website or any other affiliated websites and/or services. By using our Website or Member Services, you acknowledge that the information found on our Website is for general information only and should not be used as the sole resource in making purchasing decisions. It is your responsibility to verify any information viewed, downloaded, or obtained on the Website or through the Member Services. You acknowledge and agree that any advice or information provided by us, or through the Website, will not create any warranty that is not specifically stated in these Terms and Conditions.
G. Refusal of Services
EE reserves the right to deny access to the Website and/or to the Member Services to anyone, and we may do so at our sole discretion. EE may also deny membership privileges, including the ability to access Copart yards and facilities, to anyone, in our sole discretion.
H. Nature of Services Provided by EE
The Website and Member Services provided by EE are offered as an online auction platform, through which Copart and other third-party vehicle suppliers offer vehicles for sale. EE does not sell vehicles directly, but merely provides a platform to facilitate vehicle sales between vehicle suppliers and purchasers. As such, the Website may have vehicles supplied by various suppliers, including Copart, and Members understand that any vehicle purchased through the Member Services is not provided by EE. References to “vehicle suppliers” throughout these Terms and Conditions refer to such third-party vehicle suppliers.
A. Membership and Registration
EE is able to provide the Member Services through our Membership program. Users must register as a Member in order to take part in any of our Member Services, including bidding and purchasing vehicles through the Website. Accessing the Member Services without having previously registered as a Member is strictly forbidden.
B. Eligibility for Membership
In order to register for a membership, you must meet the following conditions:
- You are at least eighteen (18) years of age and have the capacity to enter into a legally-binding contract;
- You hold a valid driver's license, state-issued ID or passport;
- You do not reside in a country that is currently under an embargo or other trade restrictions imposed by the U.S. government.
You will be required to provide verification that you meet the aforementioned conditions during the registration process. Please take note that state-specific registration requirements and/or state laws, regulations and restrictions may also constrain your ability to register as a Member and your ability to purchase vehicles through our Member Services.
C. Procedures for Registration
If you have satisfied all of the requirements stated under Section II. B. Eligibility for Membership, you will be provided the option to register for a Member Account.
During this process, you may be required to choose a password to secure your Account. You understand and agree that this password will be used to identify you in certain instances.
D. Prohibition of Multiple Member Accounts
By using the EE Website or any Member Services, you understand and accept that you cannot have multiple Member Accounts. You also agree that you cannot transfer, trade, or sell your Member Account to anyone else.
E. EE Guest Membership
Pursuant to these Terms and Conditions, users can sign up for the Guest Membership free of charge. The Guest Membership is for informational purposes only and does not allow the Member to take part in the Member Services, including purchasing a vehicle in any way. Guest Members have access to their Account information and are able to see the history of their transactions, if any. Guest members may not inspect vehicles in person.
F. EE Trial Membership
Pursuant to these Terms and Conditions, users can sign up for the Trial Membership free of charge. In order to activate the Trial Membership, the Member is required to place a security deposit of four hundred dollars ($400). The Trial Membership cannot be activated unless the security deposit has been placed. The Trial Membership must be activated during the registration process.
The Trial Membership is effective for thirty (30) days following activation, after which the Trial Membership will be deactivated and immediately converted to a Guest Membership. In the event that the associated security deposit is withdrawn from the Account, the Trial Membership will be immediately deactivated and converted to a Guest Membership. If the Member withdraws their security deposit before the 30-day Trial Membership expires, and the Member’s Account is converted to a Guest Membership, placing the security deposit back into the Account will not convert the membership back to a Trial Membership. The Trial Membership can only be activated one (1) time. In the event that the Trial Member purchases a vehicle, their Trial Membership will be considered to have served its purpose and will be deactivated and immediately converted to a Guest Membership.
The Trial Member may purchase one (1) vehicle with a final selling price less than or equal to four thousand dollars ($4,000). The transaction fee for Trial Members is either $250 or 10% of the final selling price, whichever is higher. The only method of purchase that is available to the Trial Member is preliminary bidding, which occurs before the auction begins for that vehicle. Trial Members may not participate in live auction bidding. Trial Members may inspect the vehicle in person before the auction begins.
G. EE Premium Membership
Pursuant to these Terms and Conditions, Members may sign up for the Premium Membership for an annual fee of $149. The Premium Membership will automatically renew each year unless cancelled by the Member. If the Member does not renew the Premium Membership, it will run for one year, after which it will be deactivated and converted to a Guest Membership. In order to activate the Premium Membership, the Member is required to place at least a $400 security deposit. The Premium Membership cannot be activated unless the security deposit has been placed. The Premium Membership must be activated during the registration process.
The Premium Member does not have an imposed limit on the number of vehicles that they are able to purchase. There is no maximum bidding limit imposed on the Premium Member, provided that they have a sufficient security deposit. The transaction fee for a Premium Member is $200 or 5% of the final selling price, whichever is higher. The Premium Member may participate in preliminary bidding, as well as live bidding. The Premium Member is allowed to inspect the vehicles in person. The Premium Membership includes 10 free annual vehicle history reports provided by EpicVIN.
H. EE Expert Membership
Pursuant to these Terms and Conditions, Members may sign up for the Expert Membership for an annual fee of $249. The Expert Membership will automatically renew each year unless cancelled by the Member. If the Member does not renew the Expert Membership, it will run for a single year, after which it will be deactivated and converted to a Guest Membership. In order to activate the Expert Membership, the Member is required to place at least a $400 security deposit. The Expert Membership cannot be activated unless the security deposit has been placed. The Expert Membership must be activated during the registration process.
The Expert Member does not have an imposed limit on the number of vehicles that they are able to purchase. There is no maximum bidding limit imposed on the Expert Member, provided that they have a sufficient security deposit. The transaction fee for an Expert Member is $200, regardless of the final selling price. The Expert Member may participate in preliminary bidding, as well as live bidding. The Expert Member is allowed to inspect the vehicles in person. The Expert Membership includes 20 free annual vehicle history reports provided by EpicVIN.
I. Account Activity
By registering as a Member, you are responsible for any and all activity associated with your Account. This includes, but is not limited to, the bids (including preliminary and virtual bids) entered with your login details through the Website or any associated websites, including https://www.copart.com/. This also includes bids submitted via terminals and kiosks at auction facilities.
You understand that you may not transfer your Member Account to any other person or entity, and if any other person or entity accesses your username and/or password without authorization, then you agree to notify us as soon as possible.
J. Right to Revoke Membership
EE reserves the right to revoke a Member's membership and refuse access to the Member Services at any time. If a Member Account is suspended or revoked, the Member may not receive a refund of the membership fee. Further, EE bears no liability of any kind if the Member is prevented or prohibited from accessing the Copart website.
By registering as a Member, you acknowledge that you are affirmatively requesting to receive marketing communications via mail or email from EE and/or our third-party affiliates. Members may unsubscribe from any marketing and promotional materials at any time by following the prompts at the bottom of the communications.
A. General Fees
The fees associated with the Member Services will be shown when you register on the Website and whenever you make a purchase. Fees are shown in USD, and EE reserves the right to change the fees without prior notice.
B. Membership Fees.
In order to register and maintain a Premium or Expert Membership, the Member is subject to a non-refundable membership fee in the amount stated above under Section II. Guest and Trial Memberships are free.
C. Security Deposit
As part of the EE Member Services, Members who wish to make a bid or purchase a vehicle with the “Buy it now” option must submit a refundable security deposit equal to at least ten percent (10%) of the purchase amount, but not less than $400.
As a Member, you can request a security deposit refund through the refund option on your Member Account.
If you request a refund of your security deposit, it can generally take from 5 to 7 business days if the refund is sent electronically. Bank wire transfers and paper checks can take more than 10 business days. Although we do our best to process refunds as quickly as possible, EE does not guarantee that your refund will be processed within this timeframe.
Please note that you should not consider your refund processed until you have received an email confirming your refund request. You will receive your refund only after all fees and costs have been paid in full, and the purchased vehicle has been collected or shipped.
Security deposits submitted more than 60 days before the refund date will be returned via paper check (this applies to residents of the United States and Canada). If you reside outside of the United States and Canada, the refund will be made via bank wire transfer.
You understand and agree that any outstanding fees and costs will be deducted from the refund amount. You have no recourse in this situation.
D. Accepted Forms of Payment
Fees and security deposits can be paid with a credit card or debit card, or via bank transfer. Payment for vehicle purchases can only be made via bank wire transfer
E. Refund Policy
Fees are non-refundable. Only the security deposit is refundable, provided that the Member has fulfilled the necessary requirements to receive a refund.
A. Copart Terms and Conditions
Vehicles supplied by Copart and purchased through EE are also governed by Copart's Terms and Conditions. Because your purchase of a vehicle supplied by Copart will bind you to them, please review these Terms and Conditions. You understand and agree that EE can in no way influence Copart's decisions regarding sales, bidding, or any other transaction.
B. Submitted Bids
As a Member, you cannot retract, delete, or cancel a bid after submitting the bid. You acknowledge this and take full responsibility for bidding. In the event that you place the winning bid, you are obligated to purchase the relevant vehicle.
C. Rejecting a Bid
EE can in no way influence Copart's decisions regarding final bids. As a Member, you understand that Copart may reject any bid for any reason and will serve as the sole authority for disputes arising from bid rejections. As a Member, you agree to indemnify EE and Copart for any liability that may arise from disputes of bid rejections.
D. Cancelling a Sale
You understand that Copart may, without providing notice to you, postpone or cancel a sale of any vehicle. Any such decision is made in Copart’s sole discretion. EE and Copart will have no liability or responsibility to you based on Copart’s decision to cancel, postpone, or reverse a sale. However, in the event that a sale is canceled after the Member has already made payment, Copart will reimburse EE by means of a paper check and EE will credit the Member's Account.
E. Bids of Equal Amount
If there is a tie in the bidding process, a Live Auction Bid prevails over a Preliminary Bid of the same amount.
BID4U is an automated bidding system used by Copart to ease the process and make it more efficient. With this system, a Member may submit a Preliminary Bid that represents the maximum amount that the Member is open to paying for the vehicle. Acting on behalf of the Member, the BID4U automated system then submits bids up to this maximum amount. If someone else outbids you, we will notify you by email.
G. Bidding in Increments
Increment bidding is a feature in Copart’s BID4U system that Members using Preliminary Bidding may utilize. By using the increment bidding feature, a Member authorizes Copart to increase the Member’s maximum bid by one (1) increment if a virtual bidder enters a bid of equal value to the Member’s maximum bid. This only applies if the Member is tied for the highest bid; a Member who has the highest bid and who is not tied with another bidder will not have their maximum bid increased.
H. Counter Bidding
Some vehicles are sold on minimum bid or Bid to Be Approved (BTBA). This indicates that your winning bid could be counter-offered by the seller after the auction has ended. Whether or not the seller makes any counter offers, however, your winning bid will remain open for the seller to accept until 5 p.m. ET on the next business day after the sale date.
I. Vehicles Sold On-Approval
As a Member you understand and agree that if you have purchased a vehicle "on approval," you will not be able to pick up the vehicle until after the seller has informed both EE and Copart that it has accepted the highest bid. This process can take up to 3 business days, including the day of the sale. In general, this process takes approximately 1 day.
J. Sealed Bid and Virtual Internet Exchange (VIX) for Repossessed Vehicles
Financing and insurance (F&I) companies will periodically put repossessed vehicles up for sale for which the F&I companies have not yet processed and finalized all of the necessary documentation to relinquish the ownership of said vehicle. The method of sale for such vehicles includes, but is not limited to, Sealed Bid Auctions and Virtual Internet Exchange (VIX).
If you have submitted the highest bid on a repossessed vehicle from VIX or Sealed Bid Repos, you will be informed by EE in an email within 3 business days following the date of sale. The full amount must be paid before the end of the following day.
After the vehicle has been paid in full, the seller has 45 days to process the paperwork and complete the sale. Should the seller fail to complete the sale within the 45 days, EE will notify you via email. After the 45 days have passed from the time of the sale, you can either cancel the sale and receive a refund or finalize the sale.
K. Off Site Sales
Any of the Off-Site Sales vehicles are available for pick up at official Copart facilities or the other address provided. Pickup times and storage rates for offsite sales vehicles are set by Copart or the applicable vehicle supplier. For vehicles supplied by Copart, if you are unable to pick up your vehicle within 6 days, then Copart may move the vehicle to one of Copart’s facilities, away from its original off-site sale location. In such event, you will be responsible for any additional charges that may arise from the transportation and storage of the vehicle, including towing charges and storage fees charged by Copart.
Copart may store the vehicle at its facility for up to 20 days. If the towing and/or storage fees for the vehicle are not paid in full within this time frame, then the vehicle may be released to EE. In such event, you will be responsible for any additional charges that arise from the transportation and/or storage of the vehicle to EE’s facility.
You must pick up your vehicle from the designated EE facility and pay any relevant fees within 10 days. If you fail to meet these requirements, you will forfeit your rights to the vehicle, which will then be owned by EE. EE may then attempt to resell the vehicle in order to recover any storage or transport fees incurred. If EE fails to sell the vehicle at a price that recovers all the fees paid for the vehicle's transport and storage, then the forfeiting Member will be liable to EE for the remaining amount.
L. Removing Vehicles in a Timely Manner
After purchasing a vehicle supplied by Copart, you must pick up the vehicle from the designated Copart location before 4:45 p.m. (local time at the facility). If you fail to remove the vehicle before that time, the vehicle will be placed in a locked storage area and will not be released until a separate gate and storage fee has been paid.
M. Discrepancies and Damage to Vehicle Post-Bid
If, after you submit the winning bid but prior to picking up your vehicle from the applicable facility, your vehicle incurs additional damage, it is determined that vehicle parts have been removed or replaced, or the title differs from what was advertised, you will have the option to buy the vehicle at the price originally agreed-upon or cancel the sale. Please note that odometer readings that differ from the mileage described on the vehicle’s listing by less than two thousand (2,000) miles will not allow the Member to have the transaction cancelled.
N. Releasing the Vehicle and Title
If you have purchased a vehicle after bidding, then the vehicle title is given to EE, who then reassigns vehicle ownership to you. In order for EE to release the title to you, you must present a valid, government-issued ID and provide a signed bill of sale. EE will not transfer or deliver the title to anyone except for the Member who has purchased the vehicle. EE can, in its sole discretion, and for any reason, choose to not release the vehicle or vehicle title.
O. Risk of Loss
As a Member, you take complete responsibility and you assume any and all risk of loss for any vehicle you purchase from the time the applicable vehicle supplier accepts your winning bid. After the vehicle supplier, e.g., Copart, accepts your bid, you understand and agree that the vehicle supplier acts in the role of bailee for the vehicle until the vehicle is removed from the supplier’s facility. You agree to the following terms governing such bailment:
- EE and Copart (or the applicable vehicle supplier) are not responsible for the loss of or damage to the vehicle or its parts that may arise from operational procedures at the applicable vehicle supplier’s facility, criminal acts (e.g., vandalism or theft), or acts of God.
- EE and Copart (or the applicable vehicle supplier) are not liable for any damage that may arise when you or someone acting as a representative (such as an agent or employee) picks up the vehicle from the applicable vehicle supplier’s facility.
P. Rules for Visiting Copart Facilities
There are certain rules that must be followed when visiting the Copart facilities. These rules include, but are not limited to, the following:
- Guests who are 16 years old or older can visit the Copart facilities, provided a registered Member accompanies them, except where the person's entrance is prohibited by law.
- When visiting the Copart facility, you and your guests must follow the rules in place at the facility and adhere to reasonable requests from facility personnel.
- You and your representatives and/or guests must stay clear of electric fencing at all times.
- If you and/or one of your agents, representatives, or guests is found violating the law with regard to vehicles and/or keys, the responsible person will be arrested and/or further prosecuted pursuant to applicable law.
- The facility may charge a fee for a guest pass.
- Guests must show their passes clearly when visiting the Copart facility.
Q. Laws, Rules, and Regulations
As a Member, you agree that you will comply with all applicable laws, statutes, regulations and ordinances pertaining to your use of the Member Services and/or Copart’s services.
You further agree to comply, and to ensure your agents and/or representatives comply, with all applicable laws and regulations when removing a vehicle from a vehicle supplier’s facility, including by properly loading and adequately securing all vehicles for safe transport. In some cases, Copart employees, upon request, may help a Member load a purchased vehicle; however, neither Copart nor its employees will be responsible for the vehicle's proper loading or for ensuring it is safe to transport. EE and Copart shall bear no responsibility or liability for any damage that may occur from unsafely or improperly loading a vehicle for transport. As a Member, you agree to indemnify, defend, and hold EE, as well as Copart, harmless from any and all claims, damages, losses, liabilities, obligations, costs and expenses (including attorneys’ fees) arising from or related to any failure by you or your agent to properly load and/or secure a vehicle for transport.
V. SHIPPING, EXPORTING & IMPORTING VEHICLES
A. Picking Up Your Vehicle
You may pick up your purchased vehicle from the vehicle supplier’s facility only after all costs and fees associated with the vehicle sale have been paid to EE and Copart (or the applicable vehicle supplier). This includes any applicable fees owed for the vehicle’s storage or transport.
If you decide to pick up your vehicle from the Copart or other vehicle supplier’s facility, you understand and agree that you cannot drive the vehicle from the facility, or at any time thereafter, until the vehicle has been validly registered and has undergone all of the necessary inspections required by law. This applies no matter the vehicle's driving condition or its title status. For this reason, any vehicle picked up from Copart or any other vehicle supplier’s facilities must be towed or otherwise transported from the facility. This statement serves as a non-driving affidavit.
B. Shipping Your Vehicle
As a Member, you have the option to have your purchased vehicle shipped to you, either domestically or overseas. To do so, you must arrange with a transportation and shipping company (from here on, the “shipping agent”), which will ship your vehicle from a Copart facility and deliver it at your chosen destination. EE does not offer shipping services and does not take on any responsibility for the transportation of your vehicle. You may choose to hire Bidux (hence forth known as “Bidux”), or another transportation and shipping company as your shipping agent. At any time Bidux may decline to transport any vehicle. In such an instance, the member will be refunded the full amount paid for the transportation of said vehicle.
Regardless of chosen shipping agent, EE and/or Bidux are not liable for any damage, loss, expense, or delay to the vehicle, including if a vehicle to be shipped internationally is seized by the U.S. Customs and Border Protection (CBP). CBP officers may seize or otherwise inspect the contents of shipping containers under a variety of circumstances, including, but not limited to, where shipping documents are missing, where shipping documents contain inaccurate information, and where a random inspection of the shipment container is performed.
C. Shipping Payment.
You acknowledge that you will be required to pay any and all fees incurred by Easy Export or Bidux related to the shipment of your vehicle prior to your vehicle being shipped. As a Member, you understand and agree that any shipping costs mentioned or expressed on the Website are solely for information purposes and are not binding quotes and/or shipping estimates.
D. Exports of Purchased Vehicles
If you are an EE Member, and you are located outside of the USA, the section below governs any transaction in which you purchase a vehicle through EE in the USA and then transport the vehicle outside of the USA (hereinafter referred to as “Vehicle Export Transactions”):
All Vehicle Export Transactions are subject to United States export laws and regulations including, but not limited to, the Foreign Trade Regulations (“FTR”) and the Export Administration Regulations (“EAR”). You agree not to export, re-export, or allow the re-export of a vehicle to any country that has an embargo or other trade restrictions in place by the US government or to any individual who has been placed on a denied and/or debarred party list by the US government. As a Member, you also agree to comply with all controls of general applicability under the EAR General Prohibitions found at 15 CFR Part 736.
E. Foreign Corrupt Practices Act
As a Member, you are subject to the US Foreign Corrupt Practices Act of 1977 (“FCPA”), a federal law prohibiting the making of corrupt payments. Pursuant to the FCPA, it is unlawful to pay or to offer to pay anything of value to any official or employee of a foreign government, or to any person or entity that will offer or give such payments to the official or employee of a foreign government, in order to obtain or retain business or to secure an improper commercial advantage. If you engage in any Vehicle Export Transaction, you agree not to take any action, or permit any action to be taken on your behalf, which would constitute a violation under the FCPA.
F. Laws and Regulations Regarding the Import and Export of Your Vehicle
You are solely responsible for complying with any customs import procedures and other laws applicable to foreign title vehicles, and with all US export laws and regulations. You also are solely responsible for ascertaining licensing requirements as per 15 CFR§ 758.3(b). The agent you have designated to act on your behalf is the exporter for FTR and EAR purposes, and EE will, upon request, provide your agent with the Harmonized Tariff Schedule code, the Export Control Classification Number, and other export information required under 15 CFR§ 30.3(e)(1).
VI. FEES AND PAYMENTS
A. Payments and Late Payments
After you have purchased a vehicle via online bidding, it must be paid in full within 2 business days from the date of sale. If the vehicle was purchased via Buy It Now, then payment is due the next business day. Failure to pay for the vehicle in full within this time period will result in a non-refundable late fee of $50 for each vehicle purchased. Auction facilities and vehicle suppliers have a predetermined period of time in which EE is required to pay in full for vehicles. This time frame is generally between 8 and 10 calendar days, including the date of sale. Should you fail to pay for the vehicle in full within this allotted time frame, you will forfeit your rights to the vehicle, along with the associated security deposit. EE may then re-list the vehicle to cover any expenses. EE only accepts payment via wire-transfer for the purchase of any vehicle.
B. Transaction Fees
Following the purchase of a vehicle, Members are required to pay a non-refundable transaction fee based on their membership status. Trial members are required to pay $250 or 10% of the final vehicle sale amount, whichever is higher. Premium members are required to pay $200 or 5% of the final vehicle sale amount, whichever is higher. Expert members are required to pay $200.
If you are a Florida resident or you're buying a vehicle for registration in Florida, the transaction fees differ. Applicable Trial and Premium Members are required to pay the non-refundable fee of $449. Applicable Expert Members are required to pay $399.
C. Storage Fees
Copart storage facilities and other vehicle suppliers provide a set number of days for Members to pick up their purchased vehicles. Following this period, non-refundable storage fees may apply. For vehicles supplied by Copart, after 20 days, the vehicle may be moved to an EE facility and the Member assumes responsibility for any towing and additional storage fees. Once the vehicle arrives at EE's storage facilities, Members have another 10 days to pick up the vehicle. Failing to do so will result in the forfeiture of all rights regarding the vehicle. In this event, the vehicle's ownership is transferred to EE and EE will then relist the vehicle in order to recover any costs associated with the vehicle's transport and storage. If EE is unable to recover all of the fees and costs, then the Member will be responsible for covering the remainder of the fees and costs.
D. Indemnification of Sales Tax
As a Member, you acknowledge that you will indemnify, defend and hold EE harmless from any assessments relating to sales tax and any fines and penalties that may arise from taxation authorities.
E. Florida Sales Tax
If you are a resident of Florida, then your purchase of a vehicle will result in a 6% sales tax, as well as any applicable county discretionary sales surtaxes. Further information is available here. Vehicles purchased from Florida facilities by residents of other states may be subject to Florida sales tax if the vehicle is picked-up directly from a vehicle supplier’s facility located in Florida or if the vehicle is shipped directly from a vehicle supplier’s facility located in Florida.
F. Documentation Fee
G. Fee for Relisting the Vehicle
You agree that if you have not paid for your vehicle within the allotted time period, EE may cancel the sale and re-sell the vehicle. In addition, you must pay a non-refundable relisting fee of $400 or 10% of the sale price, whichever is higher. Occasionally, if Copart is able to reverse the relist, then this fee may be decreased to $150. This is in addition to the non-refundable transaction fee described in Section VI. B above. These fees are debited from your security deposit. Should you repeatedly default, or are unable to pay any fees, you may have your bidding privileges suspended or revoked.
H. Authorization to Collect Unpaid Fees
As a Member, you authorize EE to debit any unpaid fees and costs from your account and you acknowledge that we may do so without requesting your approval, and without providing you notification. By using our services and Website, you acknowledge and accept that EE has no obligation to transfer any purchased vehicles or vehicle titles to you until you have paid any and all outstanding costs and fees.
I. Claims Arising from Disputes Over Fees
Fees are not refundable. This includes, but is not limited to, fees for registering as a paid Member, storage fees, Copart or other vehicle supplier fees, documentation fees, and costs to ship the vehicle. If you wish to dispute any fees, contact Easy Export at the following address:
1970 NE 153RD street Unit 1
North Miami Beach FL 33162, USA
By writing us, we will investigate your claim and determine its validity. If we find that we have no obligation to return the fee, then you agree you will submit the claim(s) to binding arbitration under Section VIII.B.
J. Fees for Applicable Auction Houses
If you purchase a vehicle through EE, there may be additional fees imposed by the auction house or vehicle supplier. You are solely responsible for reviewing and being aware of these fees before you place a bid. EE will not be held liable, and a bid will not be cancelled, if you have failed to fully understand the fee schedules of the applicable auction.
VII. LIMITATIONS OF LIABILITY
A. Disclaimer for the Vehicle Condition and History
ALL VEHICLES SOLD THROUGH EE AND/OR COPART ARE SOLD “AS IS WHERE IS,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF MERCHANTABILITY. The term ‘vehicles’ includes, but is not limited to, cars, motorcycles, trucks, trailers, RVs, boats, and others. Vehicles may therefore not be road-worthy or even mechanically sound, and Copart and EE do not make any guarantees, representations, or warranties that a vehicle is in road-worthy condition, or that it can be lawfully driven on any roads.
EE and Copart expressly disclaim the accuracy or completeness of any and all information provided to Members concerning any and all vehicles, whether in written, verbal or digital image form (“Vehicle Information”). Vehicle Information provided by EE and/or Copart is for general information purposes only and you understand and agree that you will not rely on Vehicle Information in making a decision whether or how much to bid on a vehicle offered through Copart or EE’s services. Vehicle Information includes, but is not limited to, make, model, year, ACV, vehicle condition, damage amount, damage type, drivability, accessories, mileage, odometer disclosures, title, title history, vehicle identification number, cost of repairs, history of repairs, and total loss history. It is the sole responsibility of the Member to ascertain, confirm, research, inspect and/or investigate vehicles and any and all Vehicle Information prior to bidding on vehicles.
EE expressly disclaims any and all warranties, guarantees, and representations regarding vehicles offered or sold through Copart’s or our services, and we do not make any guarantees that keys will be available for any vehicle sold through a Copart facility, even if keys are present in images displayed online or were present in the vehicle prior to the purchase of the vehicle. We do not make any guarantees that vehicles contain any or all VIN plates. EE does not guarantee that any vehicle meets, or can be repaired to meet, any applicable emission and/or safety regulation or requirement.
You agree that any and all vehicles sold through EE are sold “AS IS” and are not represented as being in a road-worthy condition, mechanically secure or maintained at any guaranteed level of quality. At the time a vehicle arrives at Copart’s location, Copart may verify that the vehicle starts, that it can be put into gear, and that it is capable of moving forward using its own power. However, neither EE nor Copart makes any representation, warranty, or guarantee that the vehicle can be driven safely or lawfully on the roads of any state. Neither EE nor Copart makes any representation, warranty, or guarantee that the vehicle will start, drive, or move forward using its own power at the time the vehicle is picked up from the applicable vehicle supplier’s facility. Vehicles may have hidden, undisclosed, or latent damage or other conditions that are not readily apparent or discoverable. The vehicles may not be fit for use as a means of transportation and may require significant and costly repairs at the buyer’s expense. You are solely responsible for ascertaining, confirming, researching, inspecting, and/or investigating the vehicle before bidding on it. Once the vehicle is picked up from the applicable vehicle supplier’s facility, you accept the vehicle “as is.”
You must remove the vehicle from the Copart facility before dismantling the vehicle or making any repairs to the vehicle. It is strictly forbidden to make repairs or take the vehicle apart in a Copart facility or storage lot.
Should Copart be held responsible for any damage to a vehicle, damages will be limited to the amount by which the value of the vehicle has been reduced, as reasonably determined by Copart, or the sale price of the vehicle, whichever is less. If there is damage to the vehicle, then the Member may be required to return the vehicle to Copart, and Copart can relist and re-sell the vehicle with the objective of recovering losses.
B. Disclaimer of Registration Laws
When you purchase a vehicle through an EE auction, you understand and agree that EE makes no guarantees that the vehicle can be validly registered in any state or country. As a Member, you accept all risks related to differences in vehicle title and registration laws among states, provinces and countries which may negatively affect the ability to resell or the resell value of vehicles purchased through EE. (For example, a given vehicle may be legally labelled and purchased as a clean title in country, province, or state “A” and may be required to be sold as a salvage title in country, province, or state “B.”)
C. Disclaimer of NMVTIS Reporting
The National Motor Vehicle Title Information System (NMVTIS) aims to protect consumers from fraud and other illegal activity conducted by the seller of a vehicle, and EE and Copart may report vehicles, vehicle history, transactions, and other information to the NMVTIS. If you buy a vehicle through EE, then we may be required to submit a report to the NMVTIS. Members assume all risk associated with reporting the vehicle or the information regarding the purchase transaction to NMVTIS by EE or any other party. You understand and accept that you could be subject to NMVTIS reporting requirements when you purchase specific vehicles. More information about vehicle reporting at NMVTIS visit http://www.vehiclehistory.gov.
D. Disclaimer of Paperwork
EE assumes no responsibility for omissions, errors, or defects (i) related to paperwork from the motor vehicle department or department of revenue which is not processed by EE or (ii) caused by any applicable governmental entity, including a motor vehicle department or the department of revenue. This is information outside of the control of EE.
E. Disclosure of Member Information
As a Member, you expressly agree that EE may disclose information regarding you and regarding any transaction you conduct through EE, if requested to do so in a judicial or administrative proceeding or by a governmental agency or regulatory authority. In such case, we will only disclose such information insofar as is necessary for compliance with applicable law.
F. Release of Liability
You hereby irrevocably and unconditionally waive and release any rights you may have to recover from EE and/or Copart, their officers, directors, agents, representatives, employees, parents, affiliates, subsidiaries, partners, and vendors any and all claims, damages, liabilities, losses, costs or expenses therefore, whether direct or indirect, known or unknown, or foreseen or unforeseen, which may arise from or relate to property damages, bodily injury, or other occurrence which occurs on the premises of EE or Copart. Each Member agrees to indemnify, defend and hold EE and Copart harmless from any and all liabilities, losses, damages, costs or expenses (including attorney’s fees) arising from any claim made by the Member for property damage or bodily injury occurring on EE or Copart’s premises. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL EE BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RELATE TO OR RESULT FROM THE SALE, DISTRIBUTION, USE OF OR INABILITY TO USE ANY VEHICLE, REGARDLESS OF WHETHER EE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. Members and guests who are California residents waive California Civil Code §1542, which reads: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
As a Member, you agree to unconditionally release EE from any liability whatsoever for any losses or damages (whether direct or indirect, known or unknown, foreseen or unforeseen, and including attorneys’ fees) relating to in any way or arising from any of the following:
● The suspension or termination of your Member Account;
● Your failure to strictly comply with the EE Website Terms of Service;
● Your failure to properly inform EE of problems related to a vehicle before you remove it from the applicable vehicle supplier’s facility;
● Your failure to maintain the login information for your Member Account confidential or secure;
● EE's decision to deduct any and all unpaid fees and costs from the security deposit that you submitted;
● EE's decision to refuse any bid;
● EE's decision to cancel, postpone, or withdraw a sale;
● EE's decision to accept or reject bids of "On Approval" vehicles or "On Minimum Bid" vehicles;
● Your failure to understand the fee structure and any associated charges;
● Your failure to pay fees and any associated charges in the time period specified;
● Your failure to pick up the vehicle from the applicable vehicle supplier’s facility within the established time period;
● Your failure to transfer ownership of a vehicle to your name;
● EE's refusal to transfer the ownership documents or vehicle title documents;
● EE's refusal to release a purchased vehicle to non-authorized individuals;
● EE's refusal to refund any fees and costs;
● EE's decision to declare a vehicle "abandoned" after the vehicle has not been picked up as required by these Terms and Conditions;
● EE's decision to sell a vehicle that has been abandoned;
● Damage to or loss of a vehicle that occurs after the conclusion of the vehicle’s auction but prior to the vehicle being removed from the applicable vehicle supplier’s facility;
● Your failure to adhere to these Terms and Conditions or any relevant law or regulation when removing a vehicle from the applicable vehicle supplier’s facility;
● Your use of any service provided by a third party (even if the third party is one of our recommended service providers);
● Any property damage or bodily injury which occurs on EE or Copart’s premises, even if caused in whole or in part by EE or Copart’s negligence. It is specifically acknowledged that this release shall be construed as releasing Copart and EE for their own sole and/or partial negligence;
● EE's decision to deny or reject any demand or request by you which does not comply with these Terms and Conditions.
You acknowledge and agree that pursuant to this general release, you expressly waive any protections that would otherwise limit the scope of this general release to include only such claims which you may know or suspect to exist at the time you agree to this release.
Additionally, you agree to pay all reasonable costs and expenses (including attorney fees, court fees, and travel expenses) that EE incurs in connection with its efforts to obtain a stay or dismissal of any Claim (as defined in Section VIII.B) pursuant to this general release.
G. Indemnification of EE
"Loss" refers to any and all claims, damages, liabilities, losses, penalties, fines, costs and expenses (including interest), expenses of investigation, reasonable fees, costs and disbursements of attorneys, counsel, and other experts, and cost to EE of funds expended by reason of the occurrence of any third-party claim or incurred in imposition thereof or in enforcing the provisions of these Terms and Conditions.
To the maximum extent permitted by law, you agree to indemnify EE and its affiliates, directors, members, employees, officers, agents, representatives, and any person claiming by or through any of them, and their respective successors, heirs, and assigns against any and all Losses resulting from, arising out of, or relating to any claim brought by a third-party related to any item listed in Section VII.F.
H. Limitation of Damages
As a Member, you agree that, to the extent permitted by applicable law, EE will not under any circumstances have any liability whatsoever to you or any third-party for any damages or losses (known or unknown, foreseen or unforeseen, direct or indirect) arising out of or in any way relating to any disclaimer contained in this Agreement or on the Website.
As a Member, you agree that, to the extent permitted by applicable law, EE will not under any circumstances have any liability whatsoever to you or any third-party for any (a) indirect, consequential, special, incidental, or punitive damages, (b) loss of use, opportunity, data, reputation, goodwill, revenue, or profit, or (c) costs or expenses (including attorneys’ fees) for any Claim (as defined in Section VIII.B) that does not constitute a willful or intentional wrong.
Notwithstanding the preceding paragraphs, you agree that, to the extent permitted by applicable law, if EE is found liable in any Claim (as defined in Section VIII.B), EE’s total liability to you or to any third-party will not exceed the amount of any fees (excluding the purchase price of any vehicle, or any other fees charged by any third-party) you have paid to EE in connection with the transaction or vehicle giving rise to the liability. If you have not paid any such fees to EE, EE’s total liability to you or any third-party for any Claim (as defined in Section VIII.B) will not be greater than $500.
A. Jurisdictions and Governing Law
The EE Terms and Conditions are governed by the laws of the state of Florida, without regard to the principles of conflict of laws thereof. All Members irrevocably submit to the jurisdiction of the courts of the State of Florida, located in Miami-Dade County, and the federal district court for the Southern District of Florida.
B. Binding Arbitration
You agree that any dispute, claim, controversy, cause of action or demand arising out of or in any way relating, concerning or making reference to these Terms and Conditions, your Member Account, your relationship with EE, your use of or inability to use the Member Services, or any vehicle you purchase or bid on through the Member Services (each, a “Claim”) will be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”). The arbitration proceedings will be governed by and in accordance with substantive Florida law and will be presided over by a panel of arbitrators or an arbitrator located in Miami-Dade County, Florida.
The arbitrator and not any federal, state, or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, enforceability, applicability, formation, or conscionability of these Terms and Conditions, including but not limited to any claim that these Terms and Conditions, or any part thereof, is void or voidable.
You agree that any Claim shall be resolved exclusively through final and binding arbitration, rather than in state or federal court. You and EE both hereby agree that each waives any right to a jury trial under these Terms and Conditions.
Except as specifically stated in these Terms and Conditions, the AAA rules, or by applicable law, you and EE acknowledge and agree that (a) each party will be responsible for its own costs, expenses, and attorneys’ fees incurred in connection with any Claim, and (b) any right to an award of costs and expenses (including attorneys’ fees) pursuant to Section VII.F or elsewhere in these Terms and Conditions is limited to the specific circumstances stated therein and is not intended to provide any party with a general right to an award of costs and expenses (including attorneys’ fees), even if that party is the “prevailing party” with respect to any Claim.
In the event that a court of competent jurisdiction finds any term, provision, or section of these Terms and Conditions to be unenforceable, void, or invalid, then the remaining terms and provisions of these Terms and Conditions will remain in full force and effect and will not be invalidated, affected, or impaired in any way.
These Terms and Conditions constitute the entire agreement between you and EE concerning the subject matter hereof. No other representations, warranties, or promises, whether written or oral, have been made or are made part of these Terms and Conditions.