Buyer Terms and Conditions
Effective as of February 22, 2016
We are excited you have decided to use our web-site and services we provide at www.carsfromwest.com (the “Web Site“)! Thank you! 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 “CFW” means CARS WEST LLC, and the “parties” means you and CFW.
The Web site is compromised of various web pages operated by CFW. 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) and Terms and Conditions of Insurance Auto Auctions, Inc. (https://www.iaai.com/TermsOfUse).
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 Company.
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.
CFW is a wholesale/retail auto dealer registered in the state of California. Company is a registered buyer at Copart and a licensed broker of IAAI. 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, as well as at IAAI.
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.
Joining a Web Site is fast and easy! To get started go to CFW’s 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 backoffice on our Website. This is required to be stored on file before you place any bids.
Residents of California are not eligible to register on our website.
Web Site offers you FREE with no annual fees. It allows User to purchase unlimited number of vehicles within the price range secured by your Refundable Security Deposit. Users can bid on another lot only if the account is in perfect standing order (Payment due should be $0).
Memberships, once created, belong to the user only, and are not transferable to another person or entity.
Refundable Security Deposit
Before you can place a bid on the Website, Company must receive a fully 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 account.
The deposit can be added via credit card or bank wire. Please note: an incoming wire transfer fee in the amount of $25 USD is already included in the invoice.
You may request a refund of the Deposit at any time. Requests must be done via e-mail from the registered account email address. Please note: 4% credit card processing fee will apply in case of a credit card refund and $45 USD outgoing wire fee in case of bank wire refund.
Placing a bid or creating a Buy Now request
Bidding begins 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 at 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 immediately processed by manager (as soon as you created it).
You cannot change your bid after the cut-off. Beyond the cut off, CFW registers your BID at the auction site automatically as a proxy bid, and we are unable to retract, lower or cancel the bid at auction’s website. 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 the vehicle is won On Approval or Minimum Bid, we will negotiate the final price on your behalf with the seller and 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 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 max bid over the preliminary bidding closed price. Please review Copart’s terms for detailed information.
Any supported automobile auction (Copart and IAAI) reserves the right to void bids for any reason in Copart’s or IAAI’s sole discretion. Should a dispute arise regarding a bid, auction is the exclusive deciding authority in resolving disputes. Buyers agree to indemnify, defend, and hold harmless CFW and Copart or IAAI depending on the lot from any and all liability arising out of decisions made in resolving disputes.
Projected Win Bid Feature
CFW’s projected win bid feature provides users with the ability to estimate the possible winning bid amount for a lot. Feature is intended to provide reference for users and help decide what amount to bid. This is for your information only. User ultimately decides solely what amount gets bid on the auction lot.
Congratulations! You have WON! This is very exciting indeed and CFW 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. CFW 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 a car on our website you understand that you are purchasing a car from CFW and not Copart. User must sign a bill of sale and any other legal document required by CFW, and provide a valid copy of government issued ID in order to receive transferred vehicle title. CFW can assign vehicle ownership to the user and user only, no other person than the user is allowed. CFW 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 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 USD deposit by Credit Card. His account is supplied with a $8000 bidding limit. He can bid 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 amount of 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 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.
Company charges a transaction fee of $349 plus documentation fee of $55 for each lot purchased in addition to any auction fees (Copart or IAAI depending on the lot auction). You agree to pay these fees in full prior to picking up the car and/or title being transferred in your name. If the transaction fee or documentation fee goes up or down we will notify our users about these changes via e-mail.
Purchases should be paid within 3 (three) business days, including the sale day. For example, you’ve purchased a 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 $600 or 10% of the sale price, whichever is greater, paid to Copart and transaction fee of $349 paid to CFW. CFW becomes the legal owner of the car. Your deposit with CFW is forfeited.
Pick up vehicles
Auction winner 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 of the purchase 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 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 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 the website is based on a regular sedan. The SUV is higher. Boat, pickup and van price is usually double the normal price. Please request a quote before bidding.
CFW 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 the sole liability and responsibility of the shipping company and not CFW. CFW is also not responsible for any storage fees or extra gate fee, 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 address on file.
Please note: CFW needs to receive title from the auction first to mail you the title. Allow us a 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 the event of purchased vehicle’s title being lost/misplaced by you, you can request a duplicate title through the Company. Additional fee of $150 will apply to process this request.
Registration at DMV
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.
Visiting a Web Site or sending emails to CFW constitutes electronic communications. User consents to receive electronic communications and User agrees that all agreements, notices, disclosures and other communications that CFW provides to User electronically, via email and on the Web Site, satisfy any legal requirement that such communications be in writing.
By registering at our Web Site or doing electronic communications with CFW you agree to receive marketing and promotional materials via e-mail. CFW emails weekly newsletter to Users with valuable information and top picks for the week. We can also email other valuable information to you. 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.
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 the Company is not responsible for third party access to your account that results from theft or misappropriation of account.
CFW and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at 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.
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.
You agree that you’ve read IAAI’s member term and condition in full and understand its content (https://www.iaai.com/TermsOfUse). Except as otherwise expressly provided by applicable law, all vehicles sold through IAAI 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
Users 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 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, legends 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 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 the 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.
The Web Site is controlled, operated and administered by the 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.
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.
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.
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 CFW. Web site content from Copart and \ or IAAI website is one of them. CFW is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites.
CFW is providing this content to you only as a convenience, and the inclusion of any link does not imply endorsement by CFW 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.
Company welcomes your questions or comments regarding the Terms:
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 in 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.