GENERAL CONDITIONS OF MEMBERSHIP
Dernière révision : 13 Février 2023
AMERICAN OF AUTOMOBILE STANDARD TERMS AND CONDITIONS
These terms and conditions govern all items offered for sale by or through AOA facilities.
As a condition of entering into any transaction via a website operated by AOA, for any item offered on or through a AOA in the United States, you (“Member”) agree to be bound by the following Terms and Conditions. AOA reserves the right to modify these Terms and Conditions at any time without notice. In addition, all terms and conditions printed on AOA’s sales sheets, all terms and conditions posted on AOA’s website, as well as Copart Africa’s Image and Data License Agreement, AOA’s Website Terms of Use and AOA’s Privacy Policy are incorporated into these Terms and Conditions by reference. Unless otherwise indicated, all fees are quoted in U.S. dollars.
These Terms and Conditions affect your legal rights against AOA. You must read the entire Terms and Conditions carefully before accepting them. By registering as a Member and/or placing a bid in a AOA auction, you represent and warrant to AOA that you have read and understood the Terms and Conditions in their entirety and agree to be bound by them in all respects.
Vehicles offered for sale on AOA websites are sold via our patented Internet-based auction platform. Only Basic and Premier members in good standing are allowed to bid on vehicles. AOA’s auction platform uses a two-step bidding process:
Step 1 – The Preliminary Auction is an open bidding venue that allows a bidder to enter bids either at an auction station in a AOA facility (see “Preliminary Auction Booth” below) or on the Internet (see “Preliminary Auction Online” below). A bidder can see the current highest bid on a vehicle during the preliminary auction. Bidders enter the maximum price they are willing to pay for a vehicle and the function will progressively bid on the vehicle on their behalf during the Preliminary Auction and, if it is the highest preliminary bid at the end of the Preliminary Auction Period, during the Virtual Sale. The Preliminary Auction Period ends before the start of the Virtual Sale. During the Preliminary Auction Period, members can preview the vehicles offered either online or in person at the AOA location where the vehicle is offered.
Step 2 – The virtual sale is a real-time, Internet-only auction. Bidders have the opportunity to bid against each other and against the highest bidder from the preliminary real-time auction period. Bidders enter bids via the Internet in real time, and B submits bids for the highest bidder from the preliminary bidding period, up to the bidder’s maximum bid. When the bidding stops, a countdown begins. If a new bid is received during the countdown, the countdown is reset. AOA may also, at its sole discretion, extend or reset any countdown.
Auction overview: Here are the ways Basic and Premier members can bid on vehicles offered for sale on AOA website:
“Preliminary Booth Bidding” – During the preliminary bidding period, members may submit preliminary booth bids via designated booth terminals located in the lobbies of AOA facilities. Kiosk preliminary auctions compete with Internet preliminary auctions during the preliminary auction period. One hour after the close of the preliminary bidding period, the virtual auction begins. The highest preliminary bid (on the newsstand or on the Internet) at the end of the preliminary bidding period competes with the virtual auction via B. A kiosk preliminary bid can only be entered for vehicles sold at the AOA facility where the kiosk is located; a bid placed from one AOA facility on a vehicle located at another AOA facility is treated as an Internet preliminary bid. Although many AOA facilities may also provide Internet access via computer terminals available in the lobby, a bid submitted by logging on to one of Copart Africa’s Internet websites will be treated as an Internet preliminary bid, not a kiosk preliminary bid, whether or not the member is using a computer located in a AOA facility. Only a bid submitted via a designated auction kiosk will be treated as a preliminary A bid. Members are responsible for seeking instructions from AOA personnel at the facility if the member has any questions regarding where and how to submit a valid preliminary A bid.
“Preliminary Internet Auctions” – During the preliminary auction period, members can log on to the AOA website and submit bids electronically. Internet and kiosk preliminary auctions compete as described above. The highest preliminary bid (in kiosk or on the Internet) at the close of the preliminary auction period competes with virtual bids (see below) via “B bid” during the virtual sale.
“Virtual Bids” – Members can log on to AOA 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.
Bid through a “Registered Broker” – Members can register with a registered broker to bid on vehicles they may not be qualified to buy directly from AOA’s websites. When you select a registered dealer, you will be redirected to the dealer’s website to register with the dealer. If you register with a registered dealer and purchase a vehicle on one of AOA’s websites, you are purchasing the vehicle from the dealer, not from Copart Africa. Members who choose to register with a registered broker to bid on a vehicle offered on AOA’s websites are advised to carefully read and understand the terms and conditions of the broker’s website, including terms and conditions of payment, conditions of sale and fees charged. Registered brokers are independent of AOA and you should carefully review their qualifications and services to ensure that they meet your vehicle purchasing needs.
Bidding via a Market Maker – Members can consult a Market Maker to bid on vehicles on AOA website. Market Makers conduct business from a physical location, where you can search for vehicles available for purchase on AOA website. If you use a market maker to purchase a vehicle on one of AOA’s websites, you are purchasing the vehicle from the market maker, not from AOA. Members who choose to use a market maker to bid on a vehicle offered on one of AOA’s websites are advised to carefully read and understand the market maker’s terms and conditions, including payment terms and conditions, conditions of sale and fees charged. Market makers are independent of AOA and you should carefully review their qualifications and services to ensure they meet your vehicle purchasing needs.
“Sealed Auctions” – Members can log on to AOA’s websites to bid on certain vehicles offered by insurance companies and vehicle finance companies via AOA’s Virtual Internet Exchange (“VIX”) and sealed repo sales. K bid is not available in this format – offers are accepted at face value.
“Buy Now” – Some vehicles are offered for sale with the “Buy Now” feature. Buy Now allows a member to purchase a vehicle immediately at a price set by the seller before the vehicle is put up for auction. By clicking on the Buy Now button, the member will be directed to a confirmation page to confirm the member’s Buy Now bid. Once the bid has been confirmed, the member will be taken to the payment screen.
“Make an offer” – Some vehicles are offered for sale with the “Make an offer” function. Make a bid” allows a member to make a bid for a vehicle. Bids submitted by clicking on the Make Offer button cannot be retracted and are valid for 2 business days (not counting the day the bid is made) regardless of the auction date or results.
I. DISCLAIMERS
A. Vehicle condition and history disclaimer.
Unless 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 Copart Africa are sold “AS IS, WHERE IS” WITHOUT WARRANTY OF ANY KIND, EITHER 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 offered for sale on Copart Africa’s websites and otherwise offered for sale at Copart Africa’s facilities, including, but not limited to, cars, trucks, motorcycles, boats, jet skis, industrial equipment. trailers, motor homes, etc. “Vehicles” also includes various salvage items that are offered for sale on Copart Africa ‘s websites under “Other Goods”. However, Members expressly acknowledge and agree that “vehicle(s)” does not mean or include, and Copart Africa does not purport to facilitate the sale of, any cargo or personal property that may be contained in a vehicle but is not part of the vehicle. It is the sole responsibility of the member purchasing a vehicle to take possession of and/or dispose of any such cargo or contents in accordance with applicable law.
Copart Africa and its vehicle sellers expressly disclaim the accuracy or completeness of any vehicle information provided to Members, whether provided in written, verbal or digital image form (“Vehicle Information”). Vehicle Information provided by Copart Africa and its vehicle vendors is for informational purposes only. Members should not rely on Vehicle Information in deciding whether or how much to bid on any vehicle offered for sale via Copart Africa. Vehicle information includes, but is not limited to: year, make, model, condition, ACV, amount of damage, type of damage, drivability, accessories, equipment, mileage, odometer information, 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 all vehicles. Copart Africa and its vehicle sellers expressly disclaim all representations, warranties and guarantees regarding vehicles sold through Copart Africa. Copart Africa does not warrant that keys are available for any vehicle sold through Copart Africa, whether the keys are present in the online vehicle images or were present in the vehicle prior to the time of purchase. Some jurisdictions allow the sale of vehicles with missing VIN plates; therefore, Copart Africa does not guarantee that vehicles are equipped with any or all VIN plates. Vehicle parts may be missing. Copart Africa 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 verify, confirm, research, inspect and/or investigate vehicles and all vehicle information prior to bidding on vehicles.
Tous les membres conviennent que les véhicules de Copart Africa sont vendus en l’état et ne sont pas présentés comme étant en bon état de fonctionnement, mécaniquement sains ou entretenus à un niveau de qualité garanti. Les véhicules peuvent ne pas être adaptés au transport et nécessiter des réparations importantes et coûteuses. La réparation ou le démontage des véhicules dans les locaux de Copart Africa est strictement interdit. Tous les membres doivent veiller à ce que les véhicules achetés soient retirés légalement et en toute sécurité des locaux de Copart Africa avant d’entreprendre toute réparation ou tout démontage.
B. Registration Laws Disclaimer.
Copart Africa 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 Copart Africa. (For example, a vehicle legally purchased on a clean title by a Member at a Copart facility located in State “A” may be required to be sold on a salvage title if Member transports and resells the vehicle in State “B”.)
C. DMV/MVD/DOR documents disclaimer.
Copart Africa is not responsible for any defects, errors or omissions (i) related to Department of Motor Vehicles or Department of Revenue documents not processed by Copart or (ii) made by a Department of Motor Vehicles, Department of Revenue or other government entity.
D. NMVTIS Report Disclaimer. Vehicles offered for sale at Copart Africa may have been reported to the National Motor Vehicle Title Information System (“NMVTIS”), and transaction data relating to vehicles purchased at Copart Africa may be reported to NMVTIS, at Copart Africa sole discretion. Each member accepts all risks associated with the purchase of vehicles from Copart Africa resulting from the reporting of the vehicle or purchase transaction data to NMVTIS by Copart Africa or others. Members may be subject to NMVTIS reporting requirements when purchasing certain vehicles.
E. Disclosure of Member Information. Each Member expressly agrees that Copart may, if and to the extent necessary to comply with applicable law, disclose information regarding Copart Africa Members and regarding transactions made by Members via Copart Africa if requested to do so in connection with any judicial or administrative proceeding or by any governmental agency or regulatory authority (whether by deposition, interrogatory, document request, subpoena, civil investigative demand or otherwise).
D. Disclosure of member information.
Each Member expressly agrees that Copart Africa may, if and to the extent necessary to comply with applicable law, disclose information concerning Copart Africa Members and concerning transactions made by Members via Copart Africa if requested to do so in connection with any judicial or administrative proceeding or by any governmental agency or regulatory authority (whether by deposition, interrogation, document request, subpoena, civil investigative demand or otherwise).
II. SALES POLICIES
Each Member expressly agrees that Copart Africa may, if and to the extent necessary to comply with applicable law, disclose information regarding Copart Africa Members and regarding transactions conducted by Members via Copart Africa if requested to do so in connection with any judicial or administrative proceeding or by any governmental agency or regulatory authority (whether by deposition, interrogatory, document request, subpoena, civil investigative demand or otherwise).
A. Rejection of Bids. Copart AFRICA reserves the right to reject or cancel offers for any reason at Copart’s sole and absolute discretion. In the event of a dispute regarding an offer, Copart Africa shall be the exclusive decision-making authority at its sole and absolute discretion to resolve disputes. Members agree to indemnify, defend and hold Copart Africa harmless from and against any and all liability arising from decisions made to resolve disputes.
B. Cancellation of sale. Copart Africa may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from a sale. Copart Africa shall have no liability or obligation to Members as a result of the withdrawal of a vehicle or the cancellation or postponement of a sale. In addition, Copart Africa reserves the right to cancel or void a sale transaction in the event of fraud, material misrepresentation or obvious defect in the vehicle description or auction information, as determined by Copart Africa in its sole discretion. In the event that a sale is cancelled after the Member has made payment, Copart Africa will credit the amount of the payment to the Member’s account (or to the Member’s credit or debit card used to make the payment, if applicable).
C. Equal bidding policy. Virtual bids (and, where applicable, live auction bids) take precedence over preliminary bids of equal value.
D. BID4U. Copart Africa uses BID4U to make the bidding process simpler 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 the preliminary bidding period and virtual sale. BID4U will bid only one increment over the current bid to maintain your position as the highest bidder. This gives you the opportunity to buy a vehicle below your maximum bid. If a bidder with a higher maximum bid outbids you in the preliminary auction, you will be informed by e-mail. BID4U is not available for VIX vehicles (see Section II.F. below).
E. Minimum bids, bids to be approved and counter-bids.
If (a) the Seller designates a vehicle as an “Offer to Approve” or “On Approval” or (b) the Seller designates a Minimum Offer for a vehicle and the highest bid in the auction is less than the Minimum Offer amount, then the vehicle will not be released to the Member with the highest bid until the Seller notifies Copart Africa of its acceptance of the auction. The seller has until 8 pm. (Pacific time) on the business day following the day of the auction to notify Copart Africa of this acceptance.
Counter-bidding allows sellers who have designated a vehicle as a minimum bid or a bid to be approved to counter-bid directly on a bidder after the end of the auction. The Member acknowledges and agrees that, regardless of any counter-bids made by the seller of a vehicle, the Member’s highest bid on a Minimum Bid or Approve Bid vehicle is a bid that will remain open for acceptance by the seller until 8 p.m. (Pacific time) on the business day following the day of the auction.
If a Member’s offer has been accepted, the Member is obliged to purchase the vehicle, but only if Copart notifies the Member no later than 45 days after acceptance of the offer that the vehicle and title are available for collection. Following notification, the Member will have the standard number of days allowed by the Copart Africa establishment where the vehicle is located to collect the vehicle before late payment and storage charges apply.
If Copart Africa informs the Member more than 45 days after acceptance of the offer that the vehicle and title are available for delivery, the Member may, at its option, either (i) cancel the sale, or (ii) pay and take delivery of the vehicle.
If, before the vehicle is removed from Copart Africa’s premises, it is determined that components have been removed or replaced on the vehicle, that additional damage has occurred since the time the Member submitted the offer, and/or if there is a title type discrepancy, the Member will have the option of purchasing the vehicle at
the original price or cancel the sale. Odometer readings that differ from the stated mileage by less than 2,000 miles are not eligible for transaction cancellation.
G. Release of vehicle and title. Copart Africa reserves the right not to release any vehicle or vehicle title for any reason.
H. Seized bids. Once a bid has been submitted, it cannot be withdrawn, deleted or cancelled.
I. Risk of loss. Each Member assumes full responsibility and risk of loss for all vehicles purchased from the time Copart Africa accepts the Member’s bid. Upon acceptance of the Member’s offer, the Member acknowledges that Copart Africa acts as bailee of the Member’s vehicle until the vehicle is removed from Copart Africa’s premises by the Member or the Member’s agent or representative. The Member agrees that under the terms of the Lease, (1) Copart Africa shall not be liable for damage to or loss of the Vehicle or parts thereof due to operational procedures in place at all Copart Africa facilities, acts of theft or vandalism, or acts of God; (2) Copart Africa shall only be liable for damage to or loss of the vehicle or parts thereof caused by a direct, deliberate or grossly negligent act or omission of Copart Africa; and (3) Copart Africa shall not be liable for any damage claim made after the vehicle has left Copart Africa’s premises, whether the Member or any agent, employee or other representative on behalf of the Member retrieves the vehicle.
Member agrees to comply, and to cause its agents and representatives to comply, with all applicable laws and regulations when removing a vehicle from a Copart Africa facility, including the proper loading and securing of all vehicles for safe travel. Copart Africa personnel may load vehicles purchased for members upon request; however, in doing so, Copart Africa personnel assume no responsibility for ensuring that vehicles are properly loaded or secured for safe travel. Copart Africa shall in no event be liable for any damages incurred as a result of unsafe or improper loading or securing of a vehicle for transport and Member agrees to indemnify, defend and hold Copart Africa harmless from and against any and all claims, damages, losses, liabilities, obligations, costs and expenses (including attorneys’ fees) arising out of or related to any failure of Member or Member’s agent or representative to properly load and/or secure a vehicle for transport.
Once a vehicle is removed from Copart Africa’s premises, it is accepted as is, and in no event will Copart Africa be liable for subsequent claims for damage or loss of any kind. In the event that Copart Africa is liable, damages will be limited to the lesser of (i) the amount of the decrease in value of the vehicle as reasonably estimated by Copart Africa or (ii) the auction sale price (in which case the Member will return the vehicle to Copart Africa). Copart may, at its sole discretion, resell the vehicle at a Copart Africa sale, and the difference between the original sale price and the resale price will be determinative of the amount of the decrease in value, if any.
J. Off-site Sales. Off-site sales vehicles will be available for pickup at the designated Copart Africa facility or at the off-site address indicated. Copart Africa’s standard pickup requirements and storage rates apply to vehicles sold from off-site locations. If the Member does not pick up an off-site vehicle within six (6) days of the sale, the vehicle may, at Copart Africa’s sole discretion, be moved from the off-site sales location to one of Copart Africa’s facilities, and if the vehicle has been moved, the Member will be responsible for towing charges from the off-site location to Copart Africa’s facility, as well as any additional storage charges that may accrue from that day, up to 30 days. Once the vehicle has been at Copart’s facility for 30 days and the towing and storage fees have not been paid, the vehicle will be considered abandoned and Copart Africa will deal with the vehicle in accordance with applicable law.
K. 1031 Exchange. Vehicles consigned to Copart Africa by a Vehicle Seller may be sold in an equipment trade-in pursuant to Section 1031 of the Tax Code and Vehicle Seller’s rights under the Consignment Agreement may be assigned to a qualified third party intermediary.
L. Timely withdrawal of purchased vehicles. Vehicles purchased and not removed from Copart Africa parking or loading facilities before 4:45 pm. (local facility time) will be moved to the locked storage area and released only upon payment of an additional gate and storage fee, if applicable.
III. VEHICLE EXPORTS
A. Copart Africa does offer international shipping services. .
B. Foreign Corrupt Practices Act. All Members are subject to the provisions of the U.S. Foreign Corrupt Practices Act of 1977 (“FCPA”), which prohibits fraudulent payments. Under the FCPA, it is illegal to pay or offer to pay anything of value to foreign officials, employees, political parties or candidates, or to persons or entities that will offer or give such payments to any of the above in order to obtain or retain business or to secure an improper business advantage. Members who engage in vehicle export transactions must not take any action or permit any action to be taken on their behalf that would constitute a violation under the FCPA.
C. Import Requirements. Unless Copart specifically agrees in writing to provide customs clearance services to Member, Member shall act as the “importer of record” or other responsible party (as applicable) for each vehicle under all import laws of the country of destination and port. The Member shall act as the “importer of record” or other party responsible (as the case may be) for each vehicle under all import laws of the country of destination and port of discharge and shall be solely responsible for compliance with all import requirements of the country of destination and port of discharge, including the preparation and filing of all required documents with the appropriate governmental authorities, the payment of all import fees, duties, taxes and any other charges payable upon importation of a vehicle, and any required customs inspection and proof of emissions compliance.
IV. MEMBERS
A. Membership eligibility. You may register as a member of Copart Africa if you are at least 18 years of age. In addition, state/province specific registration requirements and applicable laws, regulations and restrictions may further limit member registration and vehicle purchase eligibility. Copart Africa reserves the right to deny membership privileges or exclude from Copart Africa’s facilities, any person or entity, in its sole and absolute discretion.
B. Types of Members. Registered guests must register and provide their first and last name, e-mail address and telephone number. Registered Guests have the option of submitting a physical address and copies of current government-issued photo identification, as well as completed licenses and sales tax exemption certificates, if applicable, in order to become a Basic or Premier Member. Registered guests can search inventory, add vehicles to a watch list and create vehicle alerts, but registered guests cannot bid on or purchase vehicles unless their membership type is upgraded to Basic or Premier.
To bid on a vehicle, you must be a Basic or Premier member in good standing:
Basic members must register and provide copies of current government-issued photo identification, as well as completed licenses and sales tax exemption certificates, if applicable. In addition, basic members must pay the initial basic member registration fee. A security deposit may also be required in certain cases for the Basic Member to submit an offer (see Section V.H. below).
Premier Members must register and provide copies of current government-issued photo identification as well as completed licenses and sales tax exemption certificates, if applicable. In addition, Premier members must pay the initial registration fee and security deposit.
All Basic and Premier members who purchase vehicles for resale must provide copies of current licenses and completed sales tax exemption certificates. Basic and Premier memberships must be renewed annually by paying a non-refundable annual renewal fee and submitting copies of all current licenses (if applicable), as well as any information regarding change of ownership or address. Copart Africa reserves the right to increase or decrease registration and renewal fees at any time without prior notice to Members.
F. Compliance with Law. Members shall comply with all applicable laws, statutes, ordinances and regulations regarding their use of Copart Africa’s services, including, but not limited to, laws and regulations regarding the transportation, storage, transfer, resale, disassembly or change of title of a purchased vehicle. All fines, penalties, fees and other amounts imposed by any governmental authority as a result of a Member’s failure to comply therewith (collectively, “Vehicle Fines”), including, but not limited to, parking tickets, toll road violations, tax liens and impound fees, are the sole responsibility of the Member and each Member hereby agrees to indemnify and hold Copart Africa harmless from and against all such Vehicle Fines. Copart Africa may impose a processing fee of $75 per item on Member’s account for the receipt and processing of citations, notices and other legal documents relating to vehicle fines. Copart Africa further reserves the right to pay upon receipt all Vehicle Fines on behalf of the Member and to charge the Member a fee of up to 150% of the Vehicle Fine amount plus the $75 USD processing fee, either by deducting such amount from funds held in the Member’s Copart Africa account or by charging the Member’s credit card or debiting the Member’s current account registered with Copart Africa. In addition, failure to comply with applicable laws and regulations, including timely payment or other resolution of all outstanding vehicle fines related to vehicles purchased by a Member, may result in suspension or revocation of the Member’s purchasing privileges by Copart Africa.
V. CHARGES, PAYMENT AND DELIVERY
A. Fees. All Members agree to pay membership dues and other applicable fees with each vehicle purchase. Current fee schedules may be viewed by Registered Members from the “My Account” page of Copart Africa’s websites. Membership fees apply to all items purchased at a Copart Africa sale, including various salvage items sold as “Other Goods”. All fees are subject to change without notice. Member is solely responsible for ascertaining applicable fees prior to bidding on a vehicle.
B.Payment.
Payment for vehicles and fees may be made by bank transfer, cashier’s check or money order. Subject to Copart Africa’s approval and certain additional requirements, payment may also be made by company check, credit or debit card or electronic funds transfer. In addition, a total amount of up to $400 may be paid in cash for all fees due (including vehicle sales prices), per member, per day. A more complete description of member payment options is available on Copart Africa’s websites or by contacting Copart Africa Member Services.
Beginning 30 days after the sale date, a finance charge equal to the greater of 1.5% per month (18% per year) or the maximum allowed by law will be charged on any unpaid balance until full payment is received by Copart Africa.
Members agree to be personally responsible for the payment of any cashier’s check, money order or dishonored check. In the case of a dishonored cashier’s check, money order or check, Member agrees to make payment within two days of receipt of Copart’s notice of a dishonored check, and to pay Copart’s NSF processing fee, as well as all collection costs, including but not limited to collection agency fees, administrative and/or attorney’s fees and court costs.
Any Member with an excessive number of unpaid invoices, resale fees or NSF checks will be subject to automatic account suspension and a security deposit requirement in an amount to be determined by Copart Africa in its sole discretion. Copart Africa will hold this deposit as security against unpaid invoices. Copart will return the deposit at the Member’s request if all invoices have been paid, but the Member’s account will remain suspended. If the Member fails to pay an invoice and the debt is outstanding, Copart Africa will use the security deposit to settle the debt.
C. Sales Tax. Sales tax liability for items sold on Copart Africa’s websites is determined based on the physical location of the Copart Africa facility where the vehicle is stored at the time of sale (even if the vehicle is advertised for sale through a Copart Africa facility located in a different tax jurisdiction) . Members who purchase vehicles from Copart Africa wholesale pursuant to a sales tax exemption certificate agree to indemnify, defend and hold Copart Africa harmless from and against any and all sales taxes, fines, penalties, damages and costs, including attorneys’ 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.
D. Resale fees. In the event that a vehicle is not paid for within the time period specified by the Copart Africa location where the vehicle was sold, Member agrees that Copart Africa may, in its sole and absolute discretion, cancel the sale or remarket the vehicle, and Member shall be liable for a remarketing fee plus all costs of collection, including court costs and reasonable attorney’s fees. Resale fees may vary by location. Member agrees to verify resale fees prior to bidding on vehicles.
E. Automatic deliveries. Subject to Copart Africa’s prior approval, Members may arrange for automatic delivery by Copart Africa of all vehicles purchased. Storage fees and access fees may be waived for Members configured with automatic delivery.
F. Payment for Vehicles Delivered by Copart Africa. All fees and charges on vehicles must be paid prior to delivery, if not configured for automatic delivery. STORAGE FEES WILL BE CHARGED ON ALL VEHICLES ASSIGNED FOR DELIVERY AFTER THE PAYMENT GRACE PERIOD HAS ELAPSED. When a delivery in progress cannot be made, for whatever reason, the Member will be billed for a trial round trip, plus storage at the current Copart Africa rates. The Member must accept the vehicle at the scheduled time of delivery to avoid dry running and storage charges.
G. Priority of Application of Payments. Payments made by a Member to Copart Africa will be applied in the following order: first to all unpaid fees (including, but not limited to, Member registration fees, buyer’s fees, convenience, storage, loading/gate, late payments, remarketing and delivery fees) , then to payment of the sales price of vehicles eventually purchased by the Member. For example, if a Member makes a payment of $1,000, but has unpaid remarketing charges of $300, Copart Africa will apply the first $300 to the unpaid remarketing charges, with the remaining $600 applied to the payment for the vehicles. Member agrees that Copart Africa has no obligation to release vehicles or vehicle titles until all fees are paid in full.
H. Security Deposits.
1. Security Deposit for Basic Members. Copart Africa may require payment of a security deposit before a Basic Member may bid on a vehicle. Security deposit requirements are subject to change at any time.
A Basic Member may request a refund of any unapplied security deposit online by visiting the Account Information page of Copart Africa’s websites. All refunds are subject to confirmation that the security deposit is not applicable to open offers or unpaid fees. All refunds will be credited to the credit card used to make the deposit. In the event that the credit card is not valid, the refund will be made by check and mailed to the Member at the Member’s address on record with Copart within 30 days of receipt of the written request and verification of the amount due.
2. Security deposit for Premier Members. Copart Africa will collect a $300 security deposit from all Premier Member applicants. Copart Africa will return the Premier member’s security deposit at the member’s request if all bills and fees have been paid in full; however, the member’s account will then be downgraded to Basic Membership. If a Premier member fails to pay an invoice and the debt is outstanding, Copart Africa will use the Premier member’s security deposit to settle the debt.
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