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Offer terms and conditions

Offer Terms and Conditions

 

The entity you are contracting with is the same entity you're in contract with for the RepoKar User Agreement (the "User Agreement") to which you've already agreed. These Offer Terms and Conditions (the "Terms and Conditions") supplement and are made part of such User Agreement which contain additional and different terms and conditions applicable to your usage of the offer services conducted by the Sellers. The User Agreement is incorporated herein by reference. Please be advised that the User Agreement contains provisions that govern how claims you and we have against each other are resolved. It also contains an Agreement to Arbitrate, which will, with limited exceptions, require you to submit claims, unless you opt out of the Agreement to Arbitrate of the Legal Disputes provisions in the User Agreement. In the event of any conflict between these Terms and Conditions and the User Agreement, these Terms and Conditions shall govern.

 

We may amend these Terms and Conditions at any time by posting the amended terms on our site. All amended terms shall automatically be effective once they are posted on our site. These Terms and Conditions may not be otherwise amended except in a writing signed by you and RepoKar.

  1. General Condition

    • The following describes the parties and transactions on RepoKar.com. Transactions on RepoKar.com include “Live Auctions,” “Make-an-Offer,” and “Buy-It-Now” option. These Terms and Conditions solely focuses on the “Make-an-Offer” option. A “Potential Buyer” means an individual, a company, firm, or organization. References to a “Buyer” means the Potential Buyer making an Offer to you which you accept. References to “you” or “your” means the individual, company, or firm who has requested the Service. RepoKar means RepoKar.com, an online public auction site that facilitates between Sellers and Potential Buyers regarding a vehicle of interest.

  2. RepoKar is Only a Venue.

    • Services. Our Service allows you to participate in the Make an Offer option conducted by the Sellers. We are solely a passive conduit to facilitate communication between you and a Seller. We do not intend to create an agency relationship, nor is one created. We reserve the right, in our sole discretion, to change or discontinue some or all of our services at any time.

    • Control. We have no control over the existence, quality, authenticity, safety or legality of the items advertised, the truth or accuracy of the Sellers' content or listings, the ability of Sellers to sell or the ability of buyers to buy items. We do not ensure that a buyer or seller will actually complete a transaction.

    • Release. In the event that you have a dispute with a Seller, you release RepoKar (and our officers, directors, agents, parent, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

  3. Offers. The Offers which are made by Potential Buyers to Sellers are based on: accurate description of vehicle, a Potential Buyer having access to carry out an inspection before and after finalizing the transaction, the vehicle being sold is as it is described, the vehicle is free from additional waste (litter, refuse, etc.). RepoKar is under no obligation to procure one or make offers made for a Seller’s vehicle. RepoKar’s main role is to facilitate transaction between Buyers and Sellers, which are but not limited to: confirmation of vehicle’s availability and communication. Upon acceptance of Offer, Sellers acknowledge and agree that the Buyer shall, at its sole discretion following the purchase of Seller’s vehicle, decide whether said vehicle is returned to the road or disposed of ( that is in accordance to applicable laws on vehicle’s conditions). RepoKar and its officers, directors, agents, subsidiaries, joint ventures, and employees) will be released from dispute, as per above statement in Section B, Part Release.

  4. Offer Process. Seller posts vehicle, leaving price open for Potential Buyer to Make-an-Offer, on RepoKar.com. Reposer acts as a facilitator between Seller and Buyer. Once an Offer has been made, Sellers will be notified when a Potential Buyer has placed an Offer. Offers can be viewed on RepoKar.com’s website. When transaction is sealed, Seller accepts Buyer’s Offer. It is the Seller’s sole responsibility to inform RepoKar and update their listing that the vehicle is Sold and is no longer accepting any Offers.

  5. After Transaction is Processed. Once transaction is processed, parties involved must abide to the timeline provided by Repokar, as facilitator, and Seller, if they have implied any further conditions.

  6. Eligibility. Each Seller that uploads their contents may have its own eligibility requirements that must be met in order for you to participate. You may be required to register and obtain approval in order to place an offer. Approval to participate in one transaction does not guarantee approval to participate in any other transaction, conducted either by that Seller, or another Seller. Each Seller has sole discretion to refuse to approve your eligibility for any of their offer.

  7. Cancellation. Consumers are given the right to cancel orders for Services during the period of seven working days after the day on which the Buyer enters into an agreement with a Seller, unless otherwise stated in the Seller’s Terms and Conditions. Accordingly, you acknowledge and agree that when you enter into this Offer Services and ask for RepoKar to facilitate an introduction between you and Sellers for the potential purchase of a car, which are made by you, your rights to cancel under the Regulations end at that point in time. RepoKar has the right to terminate transaction when there is a dispute between Buyer and Seller. Other possible reasons for cancellation are: Sellers sold vehicle to another Buyer or platform, vehicle’s condition is changed — found defective or involved in car accident — , and Buyer and Seller mutually agreed to cancel transaction.

  8. Fees. Each Seller may charge a buyer's premium, as well as shipping, handling, sales tax, and other fees. These fees are subject to change depending upon the Seller and the particular item for sale, and are set by the Seller’s Terms and Conditions.

  9. Sellers. Private individuals, banks, government agencies, and rental car companies from here on shall be known as “Sellers.” Sellers may from time to time offer list items on their website. Some items that are made available by the Sellers on their own or third party websites will not be included in the online services. Sellers have the to decline any offer without any explanation as frequently as they want. We do not control the information that is provided by Sellers and which is made available through our system. We do not guarantee that the Sellers maintain proper licenses or comply with all applicable laws.

  10. Bidding, Buying, and Conditions of Sale. The terms and conditions for participation in all Live Auctions or Buy-It-Now options will be posted by the Sellers (the "Sellers Terms and Conditions"). These Terms and Conditions, in addition to the Sellers Terms and Conditions where applicable, govern all purchasing activities. The Sellers acts as an auctioneer and has the final determination with respect to the bidding on the item and the sale of the item.

  11. Video and Audio. Any audio or video aspects incorporated to any offers are for entertainment purposes only.

  12. Privacy. Any information you provide to us and your use of information available on our website is governed by our User Privacy Notice. Any information you provide to a Seller or other third parties is governed by their respective privacy policies.

  13. No Warranty. WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN THE USER AGREEMENT, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT OFFERS WILL BE RECEIVED BY THE SELLER OR INFORMATION REGARDING CURRENT PRICE WILL BE TRANSMITTED IN A TIMELY FASHION, NOR DO WE GUARANTEE THE PERFORMANCE OF ANY OBLIGATIONS BY A SELLER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from jurisdiction to jurisdiction.

  14. Dispute Resolution. You agree that all matters relating to your access to or use of RepoKar.com, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. In the event of any controversy or dispute between Buyer and Seller, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If a Buyer and Seller are unable to resolve any such dispute within a reasonable time, then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

  15. Comments. You shall have gainful opportunity to leave comments or feedback about Sellers and quality of Seller’s service and transaction. You may be able to display your comments along with your name, location, and car details in their marketing material. You may amend any typographical errors in your comment or remove parts of your comment as you see it fit. RepoKar shall not make any changes that would alter the original meaning of your comments.

  16. Limitation of Liability. IN ADDITION TO THE EXCLUSION OF DAMAGES SET OUT IN THE USER AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS OR OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM OUR SITE, OUR SERVICES, THE FAILURE OF ANY BID OR PRICING INFORMATION TO BE TRANSMITTED OR RECEIVED BY YOU OR THE SELLER IN A TIMELY MANNER, THE INTERRUPTION OF ANY DATA TRANSMISSION, AUDIO OR VIDEO BROADCAST, OR THESE TERMS AND CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE). REGARDLESS OF THE DISCLAIMER OF WARRANTIES AND EXCLUSION OF DAMAGES CONTAINED IN THE USER AGREEMENT AND THESE TERMS AND CONDITIONS, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) ANY AMOUNTS DUE UNDER THE REPOKAR MONEY BACK GUARANTEE POLICY UP TO THE PRICE THE ITEM SOLD ON REPOKAR (INCLUDING ANY APPLICABLE SALES TAX AND BUYER'S PREMIUM) AND ITS ORIGINAL SHIPPING COSTS; (B) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (C) $100.00. Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

  17. Your Liability. You shall be liable for all loss, damage, or injury (whether direct, indirect, or consequential) that RepoKar (or RepoKar’s employees, agents, or representatives) suffer as a result of your negligent failure or delay in the performance of your obligations under this Offer Service Contract.