TERMS AND CONDITIONS
Updated April 12, 2022
We are excited that you have decided to use our services on our website www.carsfromwest.com (Website). Thank you! We hope you enjoy your stay with our company.
These terms and conditions (Agreement) will explain what we do, our responsibilities to each other, fee structure, membership roles, etc. As used in the Agreement, ‘you’ or ‘user’ refers to the individual or entity accessing the Website, ‘we’, ‘us’, ‘Company’ or ‘CARSFROMWEST” refers to CARS WEST LLC, and the ‘parties’ means you and CARSFROMWEST.
Please read the following terms carefully, and keep a copy of them for reference. Although we have tried to make the Agreement brief and simple, there are places within this document where this Agreement may still read like a traditional contract. There is a good reason for this; the Agreement forms a legally binding contract between you and the Company.
1. ABOUT US
CARSFROMWEST is a wholesale/retail auto dealer registered in the state of California. The company is a registered buyer at Copart and a licensed broker of the IAAI. We provide broker services for buying cars, motorcycles, motor homes, and any other motorized equipment for users through our Website for a nominal fee. You do not have to register at Copart, however, there is an annual Copart fee, as well as an IAAI fee.
2. USING OUR WEBSITE
You may only use our Website as permitted by this Agreement and any applicable laws. For example, do not interfere with our Website or try to access it using a method other than the interface and the instructions we provide.
Joining our Website is fast and easy! To get started go to the CARSFROMWEST registration page (https://carsfromwest.com/en/register); fill out the form and confirm your information. After registering, we require a government-issued photo ID or business license from you via email. You can also upload it online via your back office on our Website. This is required to be stored on file before you place any bids.
What is the fee to become a member of CarsFromWest: Online Cars Auctions in the USA - salvage cars on Copart and IAAI?
With our free Starter membership, you can bid on items during the Preliminary Bidding. Your transaction fee will be 5% of purchase price with a minimum of $349 USD, whichever is greater. All fees you can check in our price calculator before bidding.
Memberships, once created, belong to the user only, and are not transferable to another person or entity.
5. REFUNDABLE SECURITY DEPOSIT
Before you can bid on and buy vehicles on our Website, the Company must receive a refundable security deposit (Deposit) of $600 USD or 10% of your allowed bidding limit. A deposit of $600 USD will allow you to bid on one vehicle up to $6,000 USD. A deposit of $2,000 USD will allow you to bid on a vehicle up to $20,000 USD. You can increase the bidding limit at any time via the deposit page in your ‘Back Office’.
- The deposit can be filed via payment card or bank wire. Please note: a wire transfer fee in the amount of $25 USD is already included in the invoice. In case of a refund or by using wire transfers for partial payment towards your final invoice, a $45 USD charge will apply.
- The payment card deposit is valid for 45 days. You may request a refund of the deposit at any time. Requests can be done via email from the registered account email address. Please note a 4% payment card processing charge will apply in case of a refund.
6. PLACING A BID OR CREATING A BUY NOW REQUEST
Bidding starts when the vehicle is assigned a sale date and continues until one hour (cut-off) before the ‘Live Auction’. You can submit the maximum price you are willing to pay for the vehicle on the vehicle page. You can retract, lower, make it higher, or cancel the bid any time before the cut-off.
We also allow you to place requests for the lots with ‘Buy Now’ options. You can create a ‘Buy Now’ request from the lot page until one hour (cut off) before the ‘Live Auction’. We will place a request at the auction site and try to negotiate the purchase. We do not guarantee that your ‘Buy Now’ request will be fulfilled as this depends on the final decision of the seller on the auction site. You cannot change\cancel your ‘Buy Now’ request after its creation since it will be processed immediately by the manager (as soon as you created it).
You cannot change your bid after the cut off. Beyond the cut off, CARSFROMWEST registers your ‘Bid’ at the auction site automatically as a proxy bid, and we are unable to retract, lower or cancel the bid at the auction’s website. If an auction ends with the ‘User’ as a high bidder, the ‘User’ will be obliged to either purchase the vehicle or forfeit his/her security deposit. All bids are final.
If the vehicle is won ‘On Approval’ or ‘Minimum Bid’, we will negotiate the final price on your behalf with the seller. We may contact the bidder if the negotiated price goes over the maximum bid amount. We reserve the right to increase the 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 the Company within one (1) hour after the ‘On Approval’ purchase.
During the auction, the Copart bidding platform VB3 will bid one bid increment at a time until your maximum bid over the preliminary bidding closed price. Please review Copart’s terms for detailed information.
IMPORTANT: buying a lot in Wisconsin, Alabama and Michigan via Copart account will automatically generate additional license fees plus $200 to standard fees.
7. BID REJECTION
Any supported automobile auction (Copart and IAAI) reserves the right to void bids for any reason at Copart’s or IAAI’s sole discretion. Should a dispute arise regarding a bid, the auction is the exclusive deciding authority in resolving disputes. Buyers agree to indemnify, defend, and hold harmless CARSFROMWEST, Copart, or IAAI depending on the lot from any and all liability arising out of decisions made in resolving disputes.
8. PROJECTED WIN BID FEATURE
CARSFROMWEST’s projected ‘Win Bid’ feature provides users with the ability to estimate the possible winning bid amount for a lot. The feature is intended to provide a reference for users and help you decide what amount to bid. This is for your information only. The user ultimately decides what amount gets bid on the auction lot.
Congratulations! You have WON! This is indeed very exciting and CARSFROMWEST makes it super easy for you to complete the DEAL!
- Once you have won the auction, you will get an instant notification via email and the ‘Lots Won’ menu under ‘My Account’. An invoice and wire transfer instructions will be mailed to you immediately. Users will pay the final bid price, applicable auction fees based on the final sales price, transaction fee, and documentation fee direct to Copart. CARSFROMWEST 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 a cashier’s check or money order. The deposit will be refunded by request after all fees are paid.
- When you buy a car on our website you understand that you are purchasing a car from CARSFROMWEST and not Copart. Users must sign a bill of sale and any other legal documents required by CARSFROMWEST, and provide a valid copy of a government-issued ID in order to receive the transferred vehicle title.
- CARSFROMWEST can assign vehicle ownership to the user and user only, no other person than the user is permitted. CARSFROMWEST may not release the 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 the section named ‘Title’ in this document for additional information.
- When purchasing internationally, users are fully responsible for all proper documentation, duties, customs, and fees associated with exporting a vehicle from the country of origin, and importing to the destination country.
10. PERSONAL ACCOUNT BIDDING EXAMPLE
John pays an $800 USD deposit by bank wire. His account is supplied with an $8,000 bidding limit. He can bid on one car up to $8,000 USD. John bids $5,000 USD on a car. His bidding limit shows $3,000 USD, but John cannot bid on other cars because the minimum bid amount should be $6,000 USD (10%/$600 USD minimum deposit requirement). John does not win the car, $5,000 USD is returned to his bidding limit, and an updated bidding limit shows $8,000 USD. He places a $7,500 USD bid on the other car. He wins it for $6,000 USD. He receives an invoice for the car immediately. He cannot bid any more. John pays the full amount within 2 days. His payment due is $0, his deposit of $800 is returned to the account. He can bid on another car or he can request to refund his deposit.
11. TRANSACTION FEE
The Company charges a transaction fee based on the user’s membership plus a documentation fee of $80 USD for each lot purchased in addition to any auction fees (Copart or IAAI, depending on the lot auction). The user agrees to pay these fees in full prior to picking up the car and/or title being transferred into the user’s name.
12. PURCHASE PAYMENT
Purchases should be paid within 2 (two) business days, including the sale day. For example, you purchased a car on March 1st. CARSFROMWEST needs to receive your payment by 5:00 pm Pacific time on March 2nd. An additional fee will be charged for each duplicate salvage certificate or bill of sale requested. After two business days you will be charged a $50 USD late fee on Copart, or $50 or 2% of the selling price of the vehicle, whichever is greater, for IAAI.
If payment is not made by the 7th (seventh) day after the sale, you will be charged a relist fee of $600 USD or 10% of the sale price, whichever is greater, paid to Copart, and a transaction fee paid to CARSFROMWEST. CARSFROMWEST becomes the legal owner of the car and your deposit with CARSFROMWEST will be forfeited.
13. PICK UP VEHICLES
The auction winner is responsible for a timely pickup 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 of the purchase you will be charged a storage fee of $20 USD per day at Copart (IAAI storage fees are location-dependent, so may vary depending on the lot. Please refer to their website for a detailed quote).
- 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.
- The user is fully responsible for vehicle pick up and storage fees. Users understand and acknowledge that no matter what the condition of the 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 their destination when taken out of the 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 a 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.
- The shipping price shown on the website is usually based on a regular sedan or automobile body style if known. The SUV shipping price is higher. Boat, pickup or van price is usually double the normal price. Please request a quote for shipping before bidding.
14. TRANSPORTATION SERVICES
CARSFROMWEST 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 ‘Price calculator’.
We need to receive the request the same day you have won the auction. Shipping costs and other shipping-associated fees must be paid in advance by the user. CARSFROMWEST acts as a shipping broker and does not assume any responsibility for further described but not is not limited to damages during transportation or any other associated losses during shipment, or shipping delays.
- This is the sole liability and responsibility of the shipping company and not CARSFROMWEST. CARSFROMWEST is also not responsible for any storage fees or extra gate fees if the shipping company picks up the lot late.
We will release the title only after the full payment is received from the User. Once payment is received, we will mail the title to the address on file.
- Please note: CARSFROMWEST needs to receive the title from the auction first to mail you the title. Allow us a week or two for you to receive the title. Under no circumstances will the title be released at the time of vehicle pick up.
- Duplicate title: In the event of a purchased vehicle’s title being lost/misplaced by you, you can request a duplicate title through the Company. An additional fee of $150 USD will apply to process this request.
16. REGISTRATION AT THE DMV
The user is responsible to register the car on their own. The user is responsible for any possible DMV fees. The user is also responsible for any collection fees if they do not complete the ownership transfer on time.
17. PRIVACY STATEMENT
18. ELECTRONIC COMMUNICATIONS
Visiting the Website or sending emails to CARSFROMWEST constitutes electronic communications. User consents to receive electronic communications and User agrees that all agreements, notices, disclosures, and other communications that CARSFROMWEST provides to the User electronically, via email or on the Website, satisfy any legal requirement that such communications would be in writing.
19. EMAIL NEWSLETTER
By registering at our Website or doing electronic communications with CARSFROMWEST you agree to receive marketing and promotional materials via email. We will not send SPAM to the user’s email account.
20. DATA SECURITY POLICY
We take the appropriate and reasonable measures to ensure that data transported electronically to us through the website or otherwise and stored by us or otherwise is not accessed by an unauthorized third party/parties.
You accept the risk that data transmitted electronically to us via this website or otherwise may be intercepted before reaching us, or accessed from our data storage means by third parties' unauthorized by us, and may be exploited unlawfully by such unauthorized third parties. We do not assume responsibility for guarding against the access of such unauthorized third parties'. We do not store credit or debit card details on our site.
21. VIRUSES AND OTHER COMPUTER MISUSE
We do not guarantee in a particular way that our website shall be entirely free or secured from bugs, viruses or other malicious contents. You are responsible for configuring your computer programs, gadgets, information technology, and platform to access our site. You are advised to always use your own virus protection software.
You also agree not to misuse our website by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would be construed to have committed a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
22. USER ACCOUNT
The user is responsible for maintaining the confidentiality of their account, password, and 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.
- A separate account would need to be created for the latter. You acknowledge that the Company is not responsible for third-party access to your account that results from theft or misappropriation of the account.
- CARSFROMWEST and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at the Company’s sole discretion. The 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 Website only with the permission of a parent or guardian.
23. COPART DISCLAIMERS
You agree that you have read Copart’s member terms and conditions in full and understand its content (https://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.
24. IAAI DISCLAIMERS
25. NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. 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 Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
Users agree to observe and abide by all copyright and other proprietary notices, intellectual property, or other restrictions contained in any such content and will not make any changes thereto. Users 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 our Website. Company content is not for resale. User use of the Website does not entitle the User to make any unauthorized use of any protected content, and in particular, the user will not delete or alter any proprietary rights or attribution notices in any content.
Users 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 the Company and the copyright owner. The user agrees that he/she does not acquire any ownership rights to any protected content. The Company does not grant a user any licenses, express or implied, to the intellectual property of the Company or the Company’s licensors except as expressly authorized by these Terms.
26. CHOICE OF LAW
This Agreement shall be governed by and construed in accordance with the applicable United States federal laws and by the laws of the State of California, without reference to "conflicts of laws" provisions or principles.
27. GENERAL CONDITIONS
All rights to this Website, the content, information herein and other services and materials made available on this Website, including software application, copyright information and proprietary notices that may be provided, (collectively the "Materials") are proprietary to us, subsidiaries, or third parties from which we have gotten permission from and are protected by worldwide copyright laws as well as other intellectual property laws. All rights not expressly granted under these Agreement of Use are retained by us and such third parties or subsidiaries.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You may not in any way modify, delete, remove, augment, add to, transmit, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit any of such Content, in whole or in part herein this website. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws. User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
28. INTERNATIONAL USERS
The Website is controlled, operated and administered by the Company from our office within the USA. If you access the Website from a location outside of the USA, the user is responsible for compliance with all local laws. The user will agree that they will not use the Company content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Users agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney fees) relating to or arising out of the User’s use of or inability to use the Website or services, or the User’s violation of any terms of this Agreement or the User’s violation of any rights of a third party, or the User’s violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event, the User will fully cooperate with the Company in asserting any available defenses.
IN THE EVENT THAT ANY PROVISION OF THESE TERMS OF SERVICE IS DETERMINED TO BE UNLAWFUL, VOID OR UNENFORCEABLE, SUCH PROVISION SHALL NONETHELESS BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE UNENFORCEABLE PORTION SHALL BE DEEMED TO BE SEVERED FROM THESE TERMS OF SERVICE, SUCH DETERMINATION SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY OTHER REMAINING PROVISIONS.
31. FORCE MAJEURE
In no event shall the Company be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, customs exams, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Company shall use reasonable efforts which are consistent with accepted practices in the export industry to resume performance as soon as practicable under the circumstances.
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 disputes 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 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.
33. 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 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 the user 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.
34. LIABILITY DISCLAIMER
35. TERMINATION/ACCESS RESTRICTION
The Company reserves the right, in its sole discretion, to terminate the User’s access to the Website 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 the user hereby consents to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
The user agrees that no joint venture, partnership, employment, or agency relationship exists between the User and the Company, as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the 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 the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Company with respect to the Website.
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.
36. THIRD-PARTY SITES AND CONTENT
The Website may contain content from websites controlled by parties other than CARSFROMWEST. Website content from Copart and\or an IAAI website is one of those parties. CARSFROMWEST is not responsible for and does not endorse or accept any responsibility for the content or use of these third-party websites.
CARSFROMWEST is providing this content to you only as a convenience, and the inclusion of any link does not imply endorsement by CARSFROMWEST of the linked website. It is the user’s responsibility to take precautions to ensure that whatever the user selects for their use is free of viruses or other items of a destructive nature.
37. CHANGES TO WEBSITE
We are constantly changing and improving our Website. We may add or remove functionalities or features of the Website at any time to improve the User’s experience for the better.
38. CHANGES TO TERMS AND CONDITIONS
The company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The company encourages you to periodically review the Terms to stay informed of our updates.
39. CONTACT US
CARS WEST LLC welcomes your questions or comments regarding the Terms and agreements: