CARS WEST LLC

+1-877-570-5775

Monday - Friday (8am - 5pm PST)

Buyer Terms and Conditions

Effective as of February 22, 2016

Welcome!

We are excited you have decided to use our web-site and services we provide at www.carsfromwest.com (the "Web Site")! Thank you!

We are excited to see you here and we hope you enjoy your stay. This terms and conditions ("Agreement") will explain what we do, our responsibilities to each other, fees structure, membership roles, and etc. As used in the Agreement, “you” or “user” means the individual or entity using the Web Site, “we,” “us”, "Company" or “CWG” means CARS WEST LLC, and the “parties” means you and CWG.

The Web site is compromised of various web pages operated by CWG. Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and Member Terms and Conditions of Copart, Inc ("Copart") (http://www.copart.com/Content/US/EN/Member-Terms-and-Conditions). Your use of the Web Site constitutes to your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for the reference. Although we have tried to make Agreement short and sweet, there are places where this Agreement may still read like a traditional contract. There is a good reason for that: the Agreement do indeed form a legally binding contract between you and CWG.

Our Raving Fan policy

If for any reason you are not satisfied with the level of service during the purchase of your car with us, we will refund our transaction fee (by Company's check only) with no questions asked.

About us

CWG is a wholesale/retail auto dealer registered in the state of California. Company is a registered buyer at Copart. We provide broker service of buying cars, motorcycles, motor homes, and any other motorized equipment for users through the Web Site for nominal fee without registration at Copart and annual Copart fee.

Using our Web Site

You may use our Web Site only as permitted by this Agreement and any applicable laws. Don’t misuse our Web Site. For example, don’t interfere with our Web Site or try to access them using a method other than the interface and the instructions that we provide.

Registration

Joining Web Site is fast and easy! To get started go to CWG's registration page (https://carsfromwest.com/en/register/), fill out the form, and confirm your information. After registering, we require government-issued photo ID or business license from you via email. You can also upload it online via My Profile menu (https://carsfromwest.com/en/profile/document/). This is required to be stored on file before you place any bids.

Residents of California are not eligible to register on our web-site.

Membership

Web Site offers two types of memberships: Personal and Business. Both memberships are FREE with no annual fees.

Personal membership allows User to purchase unlimited number of vehicles, but User allowed to bid and buy One vehicle at a time. User can bid on another lot only if account is in perfect standing order (Payment due should be $0).

Business members can purchase an unlimited number of vehicles, and bid on multiple vehicles at the same time. This type of membership is perfect for User who bids and buys multiple cars at the same time.

Memberships, once created, belong to user only, and are not transferable to another person or entity.

Refundable Security Deposit

Before you can bid and buy on the Web Site, Company must receive refundable security deposit ("Deposit") of $400, or 10% of your allowed bidding limit. A deposit of $400 will allow you to bid on one vehicle up to $4000. A deposit of $2000 will allow you to bid on a vehicle up to $20000. You can increase bidding limit at any time via My Account page (https://carsfromwest.com/en/profile/deposit/).

User of Personal account pays Deposit by Credit Card or bank wire. User of Business account pays Deposit by wire transfer only.

Credit card deposit is valid for 45 days. If you do not purchase any car within 45 days, Deposit is automatically refunded back to the credit card and your deposit will be removed from the system. Bank wire deposit does not have expiration limit. You may request refund of Deposit at any time. Request must be done via e-mail from the registered account e-mail address.

Bidding

Bidding begins when the vehicle is assigned a sale date and continues until one hour (cut off) before the Live Auction. You can submit maximum price you are willing to pay for the vehicle at the vehicle page. You can retract, lower, make it higher, or cancel the bid any time before the cut off.

You cannot change bid after the cut-off. Beyond the cut off, CWG registers your BID at the Copart site automatically as proxy bid, and we are unable to retract, lower or cancel the bid at Copart's web site. If an auction ends with User as a high bidder User will be obligated to either purchase the vehicle or forfeiting his/her security deposit. All bids are final.

If vehicle is won On Approval or Minimum Bid, we will negotiate final price on your behalf with seller and may contact bidder if negotiated price goes over maximum bid amount. We reserve the right to increase bidding amount up to your maximum bid On Approval and Minimum bid auctions without contacting you first. If you decide to stay at your winning bid - you need to contact Company within one (1) hour after the "On Approval" purchase.

During auction the Copart bidding platform VB3 will bid one bid increment at a time until your max bid over the preliminary bidding closed price. Please review Copart's terms for detailed information.

Bid Rejection

Copart reserves the right to void bids for any reason in Copart's sole discretion. Should a dispute arise regarding a bid, Copart is the exclusive deciding authority in resolving disputes. Buyers agree to indemnify, defend, and hold harmless CWG and Copart from any and all liability arising out of decisions made in resolving disputes.

Projected Win Bid Feature

CWG’s projected win bid feature provides user with ability to estimate possible winning bid amount for lot. Feature is intended to provide reference for user and help decide what amount to bid. This is for your information only. User ultimately decides solely what amount get bid on auction lot.

Buying

Congratulations! You have WON! This is very exciting indeed and CWG makes it super easy and exciting for you to finish the DEAL!

Once you have won the auction, you would get instant notification via e-mail and Lots Won menu under My Account. An invoice and wire transfer instructions will be mailed to you right away. User will be paying final bid price, applicable auction fees based on the final sales price, transaction fee, and documentation fee direct to Copart. CWG transaction fee and document fee will be invoiced separately.

Payment for won vehicles must be paid by wire transfer or in person at any Copart's facility with cashier's check or money order. Deposit will be refunded by request after all fees are paid.

When you buy car on our website you understand that you are purchasing car from CWG and not Copart. User must sign bill of sale and any other legal document required by CWG, and provide valid copy of government issued ID in order to receive transferred vehicle title. CWG can assign vehicle ownership to the user and user only, no other person than the user is allowed. CWG may not release title of the bought vehicle for any reason it deems justified, such as but not limited to, remaining balance on the account, incomplete or missing documents, and suspicious activity on the account. Also see section named “Title” in this document for additional information.

When purchasing internationally user is fully responsible for all proper documentation, duties, customs and fees associated with exporting vehicle from country of origin, and importing to the destination country.

Personal Account bidding example

John pays $800 deposit by Credit Card. His account is supplied with $8000 bidding limit. He can bid one car up to $8000. John bids $5000 on a car. His bidding limit shows $3000, but John cannot bid on other cars because minimum amount of bid amount should be $4000 (10% / $400 minimum deposit requirement). John does not win the car, $5000 is returned to his bidding limit, and updated bidding limit shows $8000. He places $7500 bid on the other car. He wins it for $6000. He receives invoice for the car right away. He cannot bid anymore. John pays the full amount within 2 days. His payment due is $0, his deposit $800 returns to the account and he can bid on another car or he can request to refund his deposit.

Business Account bidding example

Sam wires $3000 deposit via bank. His account is supplied with $30000 bidding limit. He can bid up to 7 cars of $4000 value each. Sam bids on a car # 1 $14000. His updated bidding limit is $16000. He can bid up to additional 4 cars of $4000 each. Sam bids on a car # 2 $15000. His bidding limit is $1000. He cannot bid on other cars. Sam wins car #2 for $13500. $1350 (10% of the final bid) automatically applied to his invoice. His updated bidding limit is $1500. Sam wins car # 1 for $9500. $950 (10% of the final bid) automatically applied to his invoice. His updated bidding limit is $7500, he can bid up to one car. Sam overpays invoice #1 by $2000. Overpay adds to his deposit automatically. His new bidding limit is $27500. Sam continues buying cars via CWG.

Transaction Fee

Company charges transaction fee of $249 plus documentation fee of $55 for each lot purchased in addition to any Copart auction fees. You agree to pay these fees in full prior to picking up the car and/or title being transferred in your name. If transaction fee or documentation fee goes up or down we will notify our users about these changes via e-mail.

Purchase payment

Purchases should be paid within 3 (three) business days, including the sale day. For example, you've purchased car on March 1st. Copart needs to receive your payment by 5pm Pacific time on March 3rd. An additional fee will be charged for each duplicate salvage certificate or bill of sale requested. After three business days you will be charged a $50 late fee.

If payment isn't made by the 7th (seventh) day after sale, you'll be charged a relist fee of $400 or 10% of the sale price, whichever is greater. CWG becomes legal owner of the car. Your deposit with CWG is forfeited.

Pick up vehicles

User winning the auction is responsible for timely pick up manner and all storage fees, if accrued. You have 5 (five) days since the day of purchase to pick up the vehicle. If not picked up within 5 (five) days you'd be charged storage fee of $20 per day.

Vehicles purchased and not removed from the location by 4:45 pm (Copart's purchased facility time) on the final pick-up day will be moved to the locked storage area and will only be released upon payment of an additional gate fee, as well as all storage fees that have accrued.

User is fully responsible for vehicle pick up and storage fee. User understands and acknowledges that no matter that the condition vehicle is, it is not allowed to legally drive on the road until car registration and/or State DMV inspection. All vehicles must be towed or transported to destination when taken out of Copart Facility.

Certain vehicles are not stored at the main Copart location listed. These are either designated as an 'Offsite Sale' or are located at Copart designated sub-lot. The pickup location will be noted on the lot details page in the notes section. Contact the listed pickup location for information regarding preview, payment or pickup hours.

Shipping price shown on website is based on a regular sedan. SUV is higher. Boat, pickup and van price is usually double the normal price. Please request quote before bidding.

Transportation services

CWG can arrange third-party tow providers per User request. Please contact us for the best available quote or check our prices on the lot pages under "Shipping calculation". We need to receive request the same day you've won the auction. Shipping cost and other shipping associated fees must be paid in advance by the user. CGW acts as shipping broker and does not assume any responsibility for further described but no limited, damages during transportation, any other associated losses during shipment or shipping delays. This is sole liability and responsibility of the shipping company and not CWG. CWG is also not responsible for any storage fees or extra gate fee, if shipping company picks up the lot late.

Title

We will release the title only after the full payment is received from the User. Once payment received, we will mail the title to address on file.

Please note: CWG needs to receive title from Copart first to mail you the title. Allow us week or two for you to receive the title. In no circumstances title will be released at the time of vehicle pick up.

Duplicate title. In event of purchased vehicle's title being lost/misplaced by you, you can request duplicate title through Company. Additional fee of $150 will apply to process this request.

Relist vehicle

User can relist the car for sale after the purchase. The fee to relist the car is $400 or 10% of the sale price, whichever is greater. User is solely responsible for all shipping fees to get the car to the closest Copart facility or call us for the best possible quote. If car is sold at Copart User is responsible to pay CWG transaction fee of $249 plus documentation fee of $55 for each sold lot.

Registration at DMW

You are responsible to register the car on your own. You are responsible for any possible DMV fees. You are also responsible for any collection fees if not completed ownership transfer on time.

Privacy

User's use of Site is subject to Company's Privacy Policy. Please review our Privacy Policy, which also governs the Web Site and informs users of our data collection practices.

Electronic Communications

Visiting Web Site or sending emails to CWG constitutes electronic communications. User consents to receive electronic communications and User agrees that all agreements, notices, disclosures and other communications that CWG provides to User electronically, via email and on the Web Site, satisfy any legal requirement that such communications be in writing.

Weekly newsletter

By registering at our Web Site or doing electronic communications with CWG you agree to receive marketing and promotional materials via e-mail. CWG emails weekly newsletter to Users with valuable information and top picks for the week. You are welcome to unsubscribe from newsletter at any time by clicking "Unsubscribe" link from the e-mail. We hate SPAM and will not SPAM you.

User account

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. Separate account needs to be created for the latter. You acknowledge that Company is not responsible for third party access to your account that results from theft or misappropriation of account.

CWG and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in Company's sole discretion. Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Web Site only with permission of a parent or guardian.

Copart Disclaimers

You agree that you've read Copart's member term and condition in full and understand its content (http://www.copart.com/Content/US/EN/Member-Terms-and-Conditions). Except as otherwise expressly provided by applicable law, all vehicles sold through Copart 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 .

No unlawful or prohibited use/Intellectual Property

User is granted a non-exclusive, non-transferable, revocable license to access and use Site strictly in accordance with these terms of use. As a condition of use of the Site, User warrants to Company that he/she will not use the Site for any purpose that is unlawful or prohibited by these Terms. User may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. User agrees to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. User will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Company content is not for resale. User use of the Site does not entitle User to make any unauthorized use of any protected content, and in particular User will not delete or alter any proprietary rights or attribution notices in any content. User will use protected content solely for his/her personal use, and will make no other use of the content without the express written permission of Company and the copyright owner. User agrees that he/she does not acquire any ownership rights in any protected content. Company does not grant User any licenses, express or implied, to the intellectual property of the Company or Company's licensors except as expressly authorized by these Terms.

International Users

The Web Site is controlled, operated and administered by Company from our office within the USA. If you access the Web Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

User agrees to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of User's use of or inability to use the Site or services, User's violation of any terms of this Agreement or User's violation of any rights of a third party, or User's violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will fully cooperate with Company in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CARS WEST LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. CARS WEST LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CARS WEST LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARS WEST LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CARS WEST LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Company reserves the right, in its sole discretion, to terminate User's access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between User and Company as a result of this agreement or use of the Site. Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Third party sites and content

The Web site may contain contents from web sites controlled by parties other than CWG. Copart web site content is one of them. CWG is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites.

CWG is providing this content to you only as a convenience, and the inclusion of any link does not imply endorsement by CWG of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

Changes to Web Site

We are constantly changing and improving our Web Site. We may add or remove functionalities or features of the Web Site at any time to improve User's experience for better.

Changes to Terms

Company reserves the right, in its sole discretion, to change the Terms under which Web Site is offered. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Company welcomes your questions or comments regarding the Terms:

CARS WEST LLC
1655 E Sixth st Unit 4
Corona, California 92879

Email Address: info@carsfromwest.com
Telephone number: 877-570-5775

Revise history

March 24, 2016: Bidding cut off time was changed from 12 hours to 1 hour. It drastically improves user experience with our web-site.

April 18, 2017: Updated due to change the way User pays for the won car.

May 11, 2017: We are no longer serving our clients from California. We know it sucks, but that's what we've decided.

Contact us

1655 E Sixth st A4, Corona, CA 92879 USA

+1-877-570-5775 (Office) +1-877-475-3757 (Fax)

info@carsfromwest.com

Skype: cars-west

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