Terms and Conditions
Read our terms below to learn more about your rights and responsibilities as a user.
MEMBER TERMS AND CONDITIONS
Last revised: April 2, 2021
JC AUTO AUCTION STANDARD TERMS AND CONDITIONS
These terms and conditions govern all items offered for sale by or through JC auto auction, including iOS and Android.
SECTION A - U.S. STANDARD TERMS AND CONDITIONS:
These Terms and Conditions affect your legal rights against JC auto auction. You should read the entire Terms and Conditions carefully before accepting them. By registering as a Member and/or placing a bid in a JC auto auction auction, you represent and warrant to JC auto auction that you have read and understood the Terms and Conditions in their entirety and that you agree to be bound by them in all respects.
Vehicles offered for sale on JC auto auction’s websites are sold through JC auto auction’s Platform. JC auto auction’s auction platform employs the following process:
● Users must be verified in accordance with JC auto auction’s policies, including submitting a government issued ID and other documents, subject to change from time to time or cancellation in JC auto auction’s sole discretion.
● The selling Member opens an auction for the car. All scrapyard owners who register on the application and chose a certain radius receive a notification.
● The auction takes place in real time, as soon as the vehicle is put on auction first bid is made, the countdown begins of approximately 20 minutes.
● Those scrapyard owners who have selected the current car and placed bets have two buttons + $ 25 and + $ 50 on the auction screen, to outbid the = user needs to select an amount by clicking on the corresponding button. Auction starts with $50 by default. The notification system should send out the appropriate alerts when a bid is outbid and when the auction is over (when the bid is won or lost). The owner of the vehicle will also receive an alert about every bid made on the car and when the acceptance of bids is over. At the end of 20 minutes, the last highest bid goes to the selling Member, (s)he approves / rejects it. If for some reason the selling Member rejects the winning bid, the auction is considered closed. In case the last minute bid is made during the last 60 seconds, the countdown returns to 60 seconds. If there was no bids made or the bid was rejected, the selling Member can repost the vehicle.
● When the selling Member accepts the bid the scrapyard owner must pay a fee to the app ($ 69) . Until fee is paid - the details of the parties to the deal remained classified. After paying the fee both parties receive an email with contact details, including name, company name, address, email, phone number. If, for some reason, the deal didn’t take place, the scrapyard owner receives his funds back but without withdrawal possibility and they can be used for the following auctions. If a user asks for at least 3 credits (refund) his account becomes flagged and then may be suspended and restricted. . If a user asks for at least 3 credits his account becomes suspended and restricted. Accounts may also be suspended for providing false information.
A. Vehicle Condition and History Disclaimer.
Except as otherwise expressly provided by applicable law, ALL VEHICLES ARE SOLD “AS-IS WHERE-IS.”
Except as otherwise expressly provided by applicable law, all vehicles sold through JC auto auction are
sold “AS-IS WHERE-IS,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. As used in these Terms and Conditions, “vehicle(s)” means all items posted for sale on JC auto auction’s websites and otherwise offered for sale at JC auto auction platforms, including but not limited to cars, trucks, motorcycles, boats, jet skis, industrial equipment, trailers, RV’s, etc.
JC auto auction and its vehicle selling Member’s expressly disclaim the accuracy or completeness of any and all information provided to Members regarding vehicles, whether provided in written, verbal, or digital image form (“Vehicle Information”). Vehicle Information provided by JC auto auction and its vehicle selling Member’s is for convenience only. Members shall not rely on Vehicle Information in deciding whether or how much to bid on a vehicle offered for sale through JC auto auction. Vehicle Information includes but is not limited to: year, make, model, condition, ACV, damage amount, damage type, drivability, accessories, equipment, mileage, odometer disclosures, vehicle identification number (e.g. “VIN,” “HIN,” and serial number), title, repair cost, repair history, title history, and total loss history. No effort has been made to list open recalls applicable to any vehicles. JC auto auction expressly disclaim any and all representations, warranties, and guarantees regarding vehicles sold through JC auto auction. JC auto auction does not guarantee that keys are available for any vehicle sold through JC auto auction, 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, JC auto auction does not guarantee that vehicles are equipped with any or all VIN plates. Vehicle parts may be missing. JC auto auction does not guarantee that vehicles meet or can be modified to meet local emission and/or safety requirements. 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.
All Members agree that JC auto auction 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 and expense. Selling Member and Buying Member must arrange for transportation independent of JC auto auction.
B. Registration Laws Disclaimer. JC auto auction does not guarantee that any vehicle sold can be legally registered in any state or country, and the Member 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 at JC auto auction.
C. DMV/MVD/DOR Paperwork Disclaimers. JC auto auction is not responsible for defects, errors, or omissions (i) related to motor vehicle department or department of revenue paperwork not processed by JC auto auction or (ii) made by any motor vehicle department, department of revenue or other governmental entity.
D. Disclosure of Member Information. Each Member expressly agrees that JC auto auction may, if and to the extent necessary to comply with applicable law, disclose information regarding JC auto auction’s Members and regarding transactions conducted by Members through JC auto auction if requested to do so in any judicial or administrative proceeding or by any governmental agency or regulatory authority (whether by deposition, interrogatory, request for documents, subpoena, civil investigative demand, or otherwise).
II. SALE POLICIES
A. Bid Rejection. JC auto auction reserves the right to reject or void bids for any reason, in JC auto auction’s sole and absolute discretion. Should a dispute arise regarding a bid, JC auto auction is the exclusive deciding authority
with sole and absolute discretion in resolving disputes. Members agree to indemnify, defend, and hold JC auto auction harmless from any and all liability arising out of decisions made in resolving disputes.
B. Sale Cancellation. JC auto auction may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from a sale. JC auto auction will have no liability or obligation to Members as a result of any vehicle withdrawal or sale cancellation or postponement. Further, JC auto auction reserves the right to cancel or reverse a sale transaction in the event of fraud, material misrepresentation, or patent defect in the Vehicle Description or bidding information, as determined by JC auto auction in its sole discretion. In the event a sale is cancelled after the Member has remitted payment, JC auto auction will credit the amount of the payment to the Member’s account (or to the Member’s credit or debit card used to remit payment, if applicable).
C. Vehicle and Title Release. JC auto auction reserves the right not to release any vehicle or vehicle title for any reason.
D. Bids Entered. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled. If the bid was accepted by the selling Member, they must sell the vehicle to the buying Member, ( buying Member can complain about the selling Member on the platform), the selling Member’s account will be flagged and/ or banned
E. Risk of Loss. Each Member takes full responsibility and assumes all risk of loss for all vehicles purchased from the time JC auto auction accepts the Member’s bid.
A. Member Eligibility. You may sign up as a Member at JC auto auction if you are at least 18 years of age. In addition, state-specific registration requirements and applicable laws, regulations, and restrictions may further limit Member sign up and vehicle purchasing eligibility. JC auto auction reserves the right to deny member privileges to, or exclude from JC auto auction platforms, any individual or entity, in its sole and absolute discretion.
B. Compliance with Law. Members shall comply with all applicable laws, statutes, ordinances, and regulations regarding their use of JC auto auction’s services, including but not limited to laws and regulations regarding the transportation, storage, transfer, resale, dismantling, or retitling of a purchased vehicle.
C. Release of Liability and Indemnification. Members and their visitors irrevocably and unconditionally waive and release their rights (if any) to recover from JC auto auction, its directors, officers, employees, representatives, agents, subsidiaries, partners, and affiliates, and vehicle selling Member’s (“JC auto auction Indemnitees”) any and all damages, losses, liabilities, costs, expenses, or claims, 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 loss which occurs on JC auto auction premises. Members agree to indemnify, defend, and hold JC auto auction Indemnitees harmless from any and all damages, losses, liabilities, costs or expenses (including attorneys’ fees) arising from claims made by the Member and the Member’s visitors arising from or related to: 1) bodily injury or property damage occurring on JC auto auction premises, 2) the Member’s failure to comply with applicable laws or regulations, 3) the Member’s sale or transfer of vehicles to third parties, and 4) claims made against JC auto auction Indemnitees by the Member’s visitors, agents, employees, or customers. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL JC AUTO AUCTION INDEMNITEES 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 JC AUTO AUCTION INDEMNITEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Members and visitors 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.”
IV. FEES, PAYMENT, AND DELIVERIES
A. Fees. All Members agree to pay the member fee and other fees applicable to each vehicle purchase. The Member is solely responsible for ascertaining applicable fees prior to bidding on a vehicle.
B. When a buying member wins and doesn't pay, after the warnings (s)he will be banned and/or wouldn't be able to use the app without having money on the in-app wallet.
C. JC auto auction will automatically withdraw money after the selling member clicks "Accept".
V. CHOICE OF LAW AND VENUE; ENTIRE AGREEMENT
A. Forum Selection, Venue, Jurisdiction, Choice of Law, and Service of Process. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be subject to New Jersey Law and shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be
entered in any court having jurisdiction thereof located in the State of New Jersey, County of Mercer.
B. Entire Agreement. These Terms and Conditions constitute the entire and sole agreement between the Member and JC auto auction with respect to the subject matter hereof. There have been no representations, warranties, or promises given or made that are not set forth in these Terms and Conditions.