• ONLY by appointment / 3408 Avenue W NW Unit 6 Winter Haven Florida 33881 U.S.A
  • +1 321-888-0527
  • ONLY by appointment / 3408 Avenue W NW Unit 6 Winter Haven Florida 33881 U.S.A
  • +1 321-888-0527

Terms And Conditions Auto Mall 360

AUTO MALL 360 LLC

AUTO MALL 360 LLC gives the warmest welcome to the purchase of vehicles in Auto Auction.

As a registered buyer (“Buyer”) with AUTO MALL 360 LLC (“Company”) you agree to be bound by the

following Buyer Terms and Conditions. Company reserves the right to amend Buyer Terms and

Conditions at any time without prior notice to you. Unless otherwise stated, all fees are quoted in U.S.

Dollars.

BY REGISTERING WITH AUTO MALL 360 LLC, THE CUSTOMER ACKNOWLEDGES AND UNDERSTANDS

THAT THEY ARE REGISTERING WITH AND PURCHASING VEHICLES FROM AUTO MALL 360 LLC, AND

NOT FROM COPART OR OTHER AUTO AUCTION.

  1. DISCLAIMERS
  2. Vehicle Condition and History Disclaimer.

ALL VEHICLES ARE SOLD “AS-IS WHERE-IS”

All vehicles sold/bought through Company are sold/bought “AS-IS WHERE-IS” WITHOUT ANY

WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS

FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. The term “Vehicles” shall mean all items posted

for sale on Copart or Company’s Website or purchased from any auction through Company, including

but not limited to cars, trucks, motorcycles, boats, jet skis, industrial equipment, homeowners salvage,

trailers, RV’s, etc. Company and its vehicle suppliers expressly disclaim the accuracy or completeness of

any and all information provided to Buyers regarding vehicles, whether provided in written, verbal, or

digital image form (“Vehicle Information”). Vehicle Information provided by Company and its vehicle

suppliers is for convenience only. Buyers shall not rely on Vehicle Information in deciding whether or

how much to bid on a vehicle offered for sale through Company. Vehicle Information includes but is not

limited to: year, make, model, condition, ACV, damage amount, damage type, drivability, accessories,

mileage, odometer disclosures, vehicle identification number (e.g. “VIN”, “HIN”, and serial number), title

repair cost, repair history, title history, and total loss history. Company expressly disclaims any and all

representations, warranties, and guarantees regarding vehicles sold through a Copart facility. Company

does not guarantee that keys are available for any vehicle sold through a Copart facility, regardless of

whether keys are present in online vehicle images, or were present in the vehicle prior to the time of

purchase. Certain jurisdictions permit vehicles to be sold with missing VIN plates; as a result, Company

does not guarantee that vehicles are equipped with any or all VIN plates. Parts may be missing.

Company does not guarantee that vehicles meet or can be modified to meet local emission and/or

safety requirements. It is the sole responsibility of Buyer to ascertain, confirm research, inspect,

and/or investigate vehicles, any and all Vehicle Information prior to buying the vehicle. Buyer agrees

that vehicles are sold AS IS and are not represented as being in a road worthy condition, mechanically

sound, or maintained at any guaranteed level of quality. The vehicles may not be fit for use as a means

of transportation and may require substantial repairs at bidder’s expense.

  1. Registration Laws Disclaimer. Company does not guarantee that any vehicle bought can be legally

registered in any state or country, and Buyer accepts all risks associated with variations in vehicle title

and registration laws between states, provinces, and countries that may negatively impact the

marketability of vehicles purchased through Company.

Please be aware, it is legal in certain states to rebuilt and register scrap/certificate of destruction

vehicles. These vehicles may not be eligible for registration in other states. It is the sole responsibility

of the bidder to research and ascertain whether the interested vehicle is registerable or not. Research

can be done on NMVTIS website or by calling your local DMV/MDV/DOR/Secretary of State office.

  1. DMV/MVD/DOR Paperwork Disclaimers. Company is not responsible for defects, errors, or omissions

(i) related to motor vehicle department or department of revenue paperwork not processed by

Company, or (ii) made by DMV/MVD/DOR

  1. Home State Purchases Disclaimer: Any Buyer, regardless of state of residence, is unable to purchase

vehicles in their home state with the intent to register the vehicle in their home state. Some exclusions

apply such as using the vehicle for parts, exporting the vehicle out of the country, if Buyer holds an

active dealer’s license in that state, or if vehicle will be registered out of state. Buyer may contact

Company’s office by phone to discuss options that may be available to them.

  1. Vehicle Transportation Disclaimer: Per Copart’s and Company’s terms and conditions, only licensed

transporter/towing company is allowed to remove vehicle from Copart’s premises. Buyer must arrange

for vehicle transportation using a licensed carrier/towing company. A towing receipt/bill of lading will

be required for title processing. Buyer may contact Company’s office by phone to discuss options that

may be available to them.

  1. SALE POLICIES
  2. Bid Rejection. Copart reserves the right to void bids for any reason, in Copart’s sole and absolute

discretion. Should a dispute arise regarding a bid, Copart is the exclusive deciding authority with sole

and absolute discretion in resolving disputes. Buyers agree to indemnify, defend, and hold Copart and

Company harmless from any and all liability arising out of decisions made in resolving disputes.

  1. Sale Cancellation. Copart may, in its sole and absolute discretion and with or without notice,

postpone or a cancel a sale or withdraw a vehicle from a sale. Company will neither have liability nor

obligation to Buyers as a result of any vehicle withdrawal, or sale cancellation or postponement.

  1. Tie Bid Policy. Virtual Bids prevail over Preliminary Bids of equal amount.
  2. Increment Bidding. Increment bidding is an option available to Buyers using Preliminary Bidding that

authorizes Company to increase an entered maximum bid by one and only one increment in the event a

Virtual Bidder ties your entered maximum bid. If your bid is the highest bid, then your bid will NOT be

incremented.

Example: You checked the increment bid box and bid $5,000. Virtual Sale Bid is currently at

$5,000 (a tie with your bid – unfortunately, it happens). Your Preliminary Bid is placed next at

$5,100 (because you checked the increment bid box). The car sells to you at no more than

$5,100 or to Virtual Bidder for $5,200 or more.

  1. BID4U. Copart uses BID4U to make the bidding process easier and more efficient. Simply enter a

Preliminary Bid representing the maximum price you are willing to pay for the vehicle and BID4U will bid

on your behalf up to your maximum bid during both the Preliminary Bidding Period and the Virtual Sale.

BID4U will only bid one increment over the current bid to maintain your position as the highest bidder.

This allows you the possibility of purchasing a vehicle below your maximum bid. If a bidder with a higher

maximum bid outbids you during Preliminary Bidding, you will be notified via email.

  1. Virtual Bidding. Buyers may log onto Copart’s websites during a Virtual Sale to submit bids

electronically, in real time over the Internet, to compete with the highest Preliminary Bid and other

Virtual Bids. During virtual bidding Buyer has the option to place multiple bids in a row to increase their

bid, this is a feature of Copart virtual bidding. The Buyer’s bids will register as “Kentucky” during the

virtual bidding since the account is registered under the Company’s name, and it is the Buyer’s

responsibility to understand when they are highest bidder to avoid bidding against him/herself. All bids

are final, and Buyer will be required to pay winning bid amount even if the Buyer bids against

him/herself.

  1. On-Approval Vehicles. Vehicles sold “On-Approval” will not be released to Buyers unless and until the

auction notifies Company and Buyer of its acceptance of the high bid. “On-Approval” vehicles receive bid

acceptance or rejection by 6:00 PM PST (9:00 PM EST) the day after the sale, or for as long as the vehicle

remains under the “open items” section in the Buyer’s account. It is the sole decision of the seller to

accept or reject Buyer’s bid.

  1. Vehicle and Title Release. Company reserves the right to not release vehicle titles if Buyer has any

outstanding fees, such as unpaid transaction fees, late/storage fees, or if vehicle has not left Copart

premises.

  1. Bids Entered. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled. All bids

are final and binding.

  1. Risk of Loss. Buyer takes full responsibility and assumes all risk of loss for all vehicles purchased from

the time auction accepts Buyer’s bid. From and after acceptance of Buyer’s bid (for vehicles located at

Copart facility) Buyer acknowledges that auction is acting as bailee of Buyer’s vehicle until such time as

the vehicle is removed from Copart’s premises. Buyer agrees that under the terms of the bailment, (1)

Company and Copart shall not be responsible for damage to or loss of the vehicle or parts thereof due to

operational procedures in place at all Copart facilities, from acts of theft or vandalism, or acts of God;

and (2) Company and Copart shall not be responsible for any claim of damage made after the vehicle has

left Copart’s premises, regardless of whether Buyer, or any person on Buyer’s behalf such as Buyer’s

agents, employees, or representatives, pick up the vehicle. Once a vehicle is removed from Copart’s

premises it is accepted AS-IS, and under no circumstances will Company or Copart be liable for any

claims of damage or loss of any kind or nature whatsoever.

  1. Import/Export Issues. It is the responsibility of the Buyer to comply with customs import procedures

applicable to foreign title vehicles. Customs inspection, import fees and proof of emissions compliance

may be required.

III. BROKER SERVICE

  1. Broker service as you are going to be a registered Buyer with Company is open to individuals 18

years of age and older. In addition, yard-specific requirements and applicable laws, regulations, and

restrictions may further limit Buyer registration and vehicle purchasing eligibility. Company reserves the

right to deny membership privileges to any individual or entity, in its sole and absolute discretion

  1. Registration. Buyers must complete the buyer registration form, and pay a one-time nonrefundable

registration fee.

1). Registration is FREE. Account will be automatically closed after the 45 day if payment for the yearly if the account does not have any activity.

2) Buyers must submit a valid copy of their driver’s license or passport at the

time of registration. Company reserves the right to change registration and renewal fees at any time

without notice.

  1. Security Deposit. Buyer must maintain the security deposit with Company at minimum of $600 USD

at all times. The security deposit enables Buyer to bid up to $6,000 USD and be the current high bidder

on 1 vehicle count at a time. If Buyer wishes to bid an amount higher than the security deposit, Buyer

must submit $100 USD for each additional $1,000 USD of desired bid allowance. If Buyer wishes to be

bid on more than 1 vehicle count at a time, Buyer must submit an additional $600 USD security deposit

for each vehicle count he wants to bid on. Company will return the security deposit upon Buyer’s

written request if all invoices have been paid, but Buyer’s account will be permanently suspended. In the

event Buyer fails to pay any invoice and the debt becomes uncollectible, Company will use the security

deposit to satisfy the debt. Any deductions from security deposit will be subject to 3% credit card

processor convenience fees. Company reserves the right to raise the security deposit for any Buyer for

any reason, in its sole and absolute discretion.

  1. Account Activity. Buyers are responsible for all bidding activity, including, without limitation, all

Preliminary Bids and Virtual Bids submitted under Buyer’s username and password through

http://copart.com (“Copart”) or Company’s website or through terminals located in kiosks at auction

facilities. Buyer’s account may not be transferred or assigned to any person or entity. In the event a

Buyer’s account, membership I.D., or username and password are used without authorization, Buyer

shall be responsible for all bidding activity and charges incurred prior to Company’s receipt of written

notice from Buyer of the unauthorized activity.

  1. Compliance. Buyers shall comply with all applicable laws, statutes, ordinances, and regulations

regarding their use of Company’s services.

  1. Membership Revocation. Company reserves the right to suspend or revoke the membership of a

Buyer for any reason, at any time in its sole and absolute discretion. Suspension of membership in

Company or any place Company utilizes may be applied for any of the following reasons including but

not limited to, improper or unprofessional conduct on Company’s website, on any website affiliated

with Company, through any electronic format, through any non-electronic format, non-payment of

contracted agreements, or any other reason Company or its affiliates deem applicable to membership

suspension for a period of time to be determined by Company.

  1. Release of Liability and Indemnification. Buyers irrevocably and unconditionally waive and release

their rights (if any) to recover from Copart and Company, their respective directors, officers, employees,

representatives, agents, subsidiaries, partners, and affiliates any and all damages, losses, liabilities, costs

expenses, or claims therefore, whether direct or indirect, known or unknown, or foreseen or

unforeseen, which may arise from or be related to bodily injury, property damage, or other occurrence

which occurs on Copart or Company’s premises. Buyers agree to indemnify, defend, and hold Copart and

Company from any and all damages, losses, liabilities, costs or expenses (including attorney’s fees),

arising from claims made by Buyer for bodily injury or property damage occurring on Copart or

Company’s premises. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL COMPANY BE LIABLE

FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM

OR ARE RELATED TO THE SALE, DISTRIBUTION, USE OF, OR INABILITY TO USE, ANY VEHICLE, EVEN IF

COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Buyers 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.”

  1. Marketing and Promotional Materials. Buyers agree they have affirmatively requested to receive

marketing and promotional materials via mail, e-mail, and facsimile.

  1. Florida residents. notice. If you reside in state of Florida and if you purchase any vehicle with

intention of registering/titling such vehicle in the State of Michigan you will be required to pay 7%

Michigan sales tax, $25 title transfer fee and $150 title processing fee to the company. Company is a

licensed dealer in the state of Florida and according to laws and regulations is required to collect sales

tax and title transfer fee and then forward to State of Florida at the time of registration in Secretary of

State Office. It may take up to 4 weeks for a Florida resident to receive and out of state salvage title

from state of Florida Lansing office from the time of processing at the Secretary of State office.

Other U.S. state residents. Company is unable to assist Other U.S. state residents who intend to purchase a vehicle in

the other state except Florida. Company will be able to

assist Other U.S. state residents with purchases only in the following situations: Other U.S. state buyer holds an

active Other U.S. state dealer’s license; vehicle is intended for export.

  1. California Residents. Company is unable to assist California residents with purchases made in the

state of California, with intent to register the vehicle in the state of California. Certain exceptions apply,

such as presence of California dealer’s license, contact Company office directly for more information.

  1. Washington Residents. Company is unable to assist Washington state residents with purchases made

in the state of Washington, with intent to register the vehicle in the state of Washington. Purchases

made outside of the state of Washington are fully permitted.

  1. PAYMENTS AND FEES
  2. Payments for Vehicles. All payments for vehicles bought through Company are due by 5:00 pm on the

third business day of the sale date, including the date of the sale. In the event the payment is not

received within the allotted time, a late payment fee of $50 USD will be added to each item bought. In

the event the payment is not received within seven business days of the sale date, the Buyer shall be

considered to have forfeited their full security deposit and Company shall have the right to relist the

vehicle. Payment for vehicles may be made via bank wire transfer, direct deposit, cashier’s check, money

order or in cash in person at Company’s office. Payments for vehicles made by PayPal, major credit cards

or any other merchant system are not accepted. Acceptance of company checks is subject to prior

approval by Company. Buyer agrees to be personally liable for payment of any bank wire transfer, direct

deposit, cashier’s check, money order, or check that is dishonored. In the event of a dishonored bank

wire transfer, direct deposit, cashier’s check, money order, or check, Buyer agrees to make payment

within two (2) days after receipt of notice from Company of a dishonored check, and to pay Company’s

NSF processing fee, and any and all collection costs including but not limited to, collection agency fees,

and/or attorney’s fees and court costs. Under no circumstance is Buyer allowed to make payments

directly to Copart. If payment is made directly to Copart and not to Company, a penalty fee of $100

will be applied to the total amount due, as well as possible account suspension.

  1. Transaction Fee. All vehicles purchased, awarded and won at the auction due to bidding activity

under Buyer’s bidder account are subject to a $200 USD transaction fee. For Buyers purchasing vehicles

in their home state with intent to register the vehicle in their home state, a $350 USD transaction fee

may apply.

  1. Storage Fee. All Vehicles not removed from Copart’s facilities within three (3) business days for online

bids and two (2) business days for kiosk/buy it now are subject to storage fees starting at $5 USD per

day, and upwards of $30 USD per day, after 10 days. Buyer is responsible for checking the storage fee

schedule for each individual yard on Copart.com website. Any vehicle not removed from Copart

premises after 20 calendar days will be subject to a resale by Company in effort to cover storage and any

other applicable costs. Any vehicle not removed from Copart premises after 30 calendar days or more

will be subject to abandonment and will become property of Copart or Company.

  1. Sales Tax Indemnification. Buyers purchasing vehicles from Company at wholesale pursuant to a

sales tax exemption certificate agree to indemnify, defend, and hold Company harmless from any and all

sales tax assessments, fines, penalties, damages, and costs, including attorney’s fees, incurred as a result

of a determination by taxing authorities that the transaction was subject to the payment of sales, use, or

excise tax.

  1. Relist Fees. In the event a vehicle is not paid for within the time specified by Company, Buyer agrees

that Company may, in its sole and absolute discretion, cancel the sale, and relist the vehicle for sale.

Buyer agrees to pay Company the relist fee of $600 USD or 10% of the sale price (whichever is greater)

and Company’s transaction fee of $200 USD. Buyer will forfeit the security deposit and be responsible to

pay a relist fee price, Company’s transaction fee, 3% credit card processor convenience fees, plus any

collection costs, including court costs and reasonable attorney’s fees. Relist fees may vary by facility.

Buyer agrees to verify relist fees and relist dates prior to bidding on vehicles. Buyers causing excessive

vehicles to be relisted are subject to suspension or revocation of their bidding privileges.

  1. Unpaid Fees and Priority of Application of Payments. Payments made by Buyer to Company will be

applied in the following order: first towards any unpaid fees (including but not limited to Buyer,

convenience, storage, loading/gate, late payment, relist, transaction and delivery fees), then towards

payment of any vehicles purchased by Buyer. For example, if Buyer makes a payment of $1,000 USD, but

has outstanding relist fees of $600 USD, Company shall apply the first $600 towards the unpaid relist

fees, $200 USD Auto Mall 360 transaction fee, with the remaining $200 USD applied towards payment

for vehicles. Buyer agrees that Company has no duty to release vehicles or vehicle titles until all unpaid

fees are paid in full.

  1. Refunds. Refund is defined as the transfer of funds pertaining only to a Security Deposit from

Company to the registered Buyer of Company’s website and is susceptible to the following

requirements: 1. Buyer has not won the sale specified by the bid placed. 2. Buyer has paid for lot in full,

removed lot from auction location, and applicable fees have been paid in full. 3. Buyer specifically

requests a refund through Company’s website from the “Deposit Refund” page. The refund request has

been verified as valid -by Company. Allow up to 10 business days for all refund processing. Refunds are

automatically processed through the credit card processor for a full refund, unless any of the following

apply: Deposit is over 90 days old, credit card is cancelled/expired, Buyer specifically requests a manual

refund. If refund cannot be processed through the credit card processor the refund amount will be

subject to a 3% processor convenience fee. Registration Fees are Non Refundable.

  1. Other fees. There will be $15 fee accessed by the Company for every incoming wire transfer or direct

deposit made to Company’s bank account. Company charges $20 title mailing fee for every title it will

mail out to ensure and track the package, this fee is optional but if any title is mailed via regular mail and

becomes missing in transit then Buyer shall be responsible for any and all replacement costs. Vehicles

purchased in Canada will be subject to a $50 Copart title mailing fee due to it being international

mailing.

  1. MISCELLANEOUS
  2. Forum Selection, Venue, Jurisdiction, Choice of Law, and Service of Process. Buyer acknowledges

and accepts the following as express conditions to membership with Company: This Agreement together

shall be governed by the laws of the State of Florida without reference to the principles of conflicts of

law. Each party hereby irrevocably submits to the jurisdiction of the courts of the State of Florida,

sitting in Polk County, and the courts of the United States for Florida. Buyer consents to the

service of process by certified or registered mailing of the summons and complaint to the last address

provided by Buyer to Company. Buyer consents to the forum selection, choice of law, jurisdiction, and

venue provisions described above.

  1. Severability. If any term or provision of this Agreement is held by a court of competent jurisdiction to

be invalid, void, or unenforceable, the remainder of the terms and provisions set forth herein shall

remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties

hereto shall use their best efforts to find and employ an alternative means to achieve the same or

substantially the same results as that contemplated by such terms and provision.

  1. Integration. This agreement is the entire and sole agreement of the parties hereto with respect to its

subject matter. There has been no representation, warranties, or promises outside of the Terms and

Conditions

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