Carmatic auctions are live and offer buyers the ability to bid realtime on fresh inventory.
Bid with confidence. Each vehicle has a comprehensive condition report with images, paint meter readings, OBD scans, tire tread depths and announcements.
Carmatic offers flexible bidding features, filtering and notifications which allows buyers to find and bid on vehicles with ease.
After the auction - Payment, Transport, and Title transactions are handled by Carmatic
Copyright SmartLane, Inc.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: December 1, 2018
Welcome to Carmatic! Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at email@example.com.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the firstname.lastname@example.org. website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
What are the basics of using the Services?
You may be required to sign up for an account, and select a password and user name (“Company User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Carmatic User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
By using the Services, you may enroll to receive mobile texts and alerts about the Services. Message and data rates may apply. If you would like to opt out from receiving such messages, you can follow the instructions provided in those messages or otherwise reply STOP to any Carmatic alert.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in Carmatic?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Carmatic’s) rights.
You understand that Carmatic owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant any licenses?
For all User Submissions, you hereby grant Carmatic a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide.
Finally, you understand and agree that Carmatic, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Carmatic has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Carmatic will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Carmatic shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and any third party, you agree that Carmatic is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Will Carmatic ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
What if I want to stop using Carmatic?
Carmatic is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Carmatic has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
I use the Carmatic App available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including the iPhone, iPad Touch, and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
What else do I need to know?
Warranty Disclaimer. Neither Carmatic nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS-IS” and without any warranty of any kind from Carmatic or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY CARMATIC (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CARMATIC (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO CARMATIC IN CONNECTION WITH THE SERVICES IN THE 12 MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Carmatic, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Carmatic’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice Of Law & Jurisdiction.
These Terms and your use of the Services will be interpreted in accordance with the law of the State of California and the United States of America, without regard to their conflict-of-law provisions. You and Carmatic agree to submit to the personal jurisdiction of a state court located in Los Angeles County, Los Angeles, California or a United States District court, Southern District of California located in Los Angeles, California (collectively, the “Los Angeles Courts”) for any actions which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Carmatic may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Carmatic agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Carmatic, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Carmatic, and you do not have any authority of any kind to bind Carmatic in any respect whatsoever.
Except as expressly set forth in the section above regarding the Apple Application, you and Carmatic agree there are no third party beneficiaries intended under these Terms.
Mandatory, Bilateral Arbitration and Waiver of Class Actions
Please read this carefully. It affects your rights. YOU AND CARMATIC AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF CARMATIC, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH CARMATIC, TO THIS AGREEMENT, OR TO THE CONTENT, AND/OR USER SUBMISSION ON CARMATIC SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or Carmatic’s right to seek injunctive or other equitable relief in state or federal court in Los Angeles to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms.
“Disputes” shall include, but are not limited to, any claims or controversies between you and Carmatic against each other related in any way to or arising out of in any way from the Service, the Content, User Submission, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Carmatic, even if the claim arises after you or Carmatic has terminated Service or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that Carmatic brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Carmatic, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Carmatic; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.
Before initiating an arbitration, you and Carmatic each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be emailed to: firstname.lastname@example.org.. Carmatic will provide a Notice of Dispute to you via the email address associated with your Carmatic User ID. You and Carmatic agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until this 45-day post-notice resolution period expires. If an agreement cannot be reached within 45 days of receipt of the Notice of Dispute, you or Carmatic may commence an arbitration proceeding.
Arbitration Process and Procedure
Unless you and Carmatic agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Further, unless both you and Carmatic expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CARMATIC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Carmatic each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
If your claim does not exceed $5,000, you and Carmatic agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and Carmatic submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Carmatic, or deemed necessary by the arbitrator, you and Carmatic agree that the hearing will be conducted telephonically or videographically.
An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. If your claim for damages does not exceed $5,000, Carmatic will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).
Small Claims & Government Actions
As an alternative to arbitration, you or Carmatic may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Carmatic on your behalf.
Effective date: December 1, 2018
What Information does Carmatic Collect?
Information You Provide to Us
We receive and store any information you knowingly provide to us. For example, through the registration process and/or through your account settings, we may collect Personal Information such as your name, email address, phone number, address and your vehicle information. Certain information may be required to register with us or to take advantage of some of our features, including the purchase of products and services.
We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Services. If you do not want to receive communications from us, please indicate your preference by email@example.com.
Information Collected Automatically
We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services - for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.
Information Collected From Other Websites and Do Not Track Policy
Will Company Share Any of the Personal Information it Receives?
We do not rent or sell your Personal Information in personally identifiable form to anyone, except as expressly provided below.
Information that’s been de-identified. We may de-identify your Personal Information so that you are not identified as an individual, and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual.
Affiliated Businesses: In certain situations, businesses or third party websites we’re affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.
Our Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
User Profiles and Submissions: Certain user profile information, including your name, address, and any content (e.g., information about your vehicle) that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services. Your user name may also be displayed to other users if and when you upload content (e.g., when you place a bid or offer a vehicle for sale) through the Services.
Business Transfers: We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
Is Personal Information about me secure?
Your account is protected by a password for your privacy and security. If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
What Personal Information can I access?
Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:
The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at firstname.lastname@example.org.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at email@example.com.
What choices do I have?
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.
You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by firstname.lastname@example.org. Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
What if I have questions about this policy?
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to email@example.com, and we will try to resolve your concerns.
CARMATIC TRANSPORTATION, LLC BROKER/SHIPPER TERMS OF SERVICE
Vehicles sold by Carmatic on behalf of Norwalk Auto Auction (NAA) will be subject to NAA Policies for Fees, Titles, Arbitration, and Transportation.
THESE TERMS OF SERVICE OF PROPERTY BROKER SERVICE (“TOS”) APPLY TO THE ARRANGEMENT BY CARMATIC TRANSPORTATION LLC (“BROKER”) OF FOR-HIRE MOTOR CARRIER SERVICE OF ONE OR MORE MOTOR VEHICLES UNLESS SUCH SERVICE IS SPECIFICALLY CONTEMPLATED BY, AND ADDRESSED IN, A CONTRACT SIGNED BY AN OFFICER OF BROKER, IN WHICH CASE THE TERMS OF SUCH AGREEMENT GOVERN TO THE EXTENT OF A CONFLICT WITH THESE TOS. THESE TOS MAY BE AMENDED BY BROKER FROM TIME TO TIME. FOR PURPOSES OF AND SUBJECT TO THESE TOS, “SHIPPER” SHALL MEAN THE PARTY REQUESTING THAT BROKER ARRANGE FOR TRANSPORTATION GOVERNED BY THESE TOS, AND ALSO INCLUDING ANY CONSIGNOR, CONSIGNEE, OR ANY OTHER ENTITY CLAIMING AN INTEREST IN THE VEHICLE(S).
THESE TOS SET FORTH THE LEGALLY BINDING TERMS GOVERNING FOR-HIRE MOTOR CARRIER SERVICE ARRANGED BY BROKER. BY ARRANGING FOR SERVICE VIA THE WEBSITE WWW.CARMATICAUCTIONS.COM (THE “WEBSITE”) OR MOBILE APPLICATION CARMATIC AUCTIONS (THE “MOBILE APP”), EACH OF WHICH IS OPERATED BY BROKER’S AFFILIATE, CARMATIC AUCTIONS, INC., OR BY OTHERWISE REQUESTING OR RECEIVING THE BENEFIT OF FOR-HIRE MOTOR CARRIER SERVICES ARRANGED BY BROKER, SHIPPER ACCEPTS THESE TOS. BY REQUESTING SUCH SERVICE, YOU INDIVIDUALLY, REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT, ON BEHALF OF YOURSELF OR THE COMPANY, ENTITY OR ORGANIZATION THAT YOU REPRESENT. ANY TERMS AND CONDITIONS ON ANY TRANSACTIONAL OR SHIPMENT-SPECIFIC DOCUMENT, INCLUDING, BUT NOT LIMITED TO, ANY BILL OF LADING OR SIMILAR DOCUMENTATION EXCHANGED BETWEEN THE PARTIES OTHER THAN THESE TOS SHALL NOT APPLY TO ANY SERVICE PERFORMED UNDER THIS AGREEMENT AND SHALL NOT BE BINDING ON OR APPLICABLE TO BROKER. YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THIS AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD.
VEHICLE CONDITION ARBITRATION POLICY
Vehicles sold by Carmatic on behalf of Norwalk Auto Auction (NAA) will be subject to NAA Policies for Fees, Titles, Arbitration, and Transportation.
For Title Arbitration see Carmatic’s Title Policy.
GREEN, YELLOW, RED, BLUE LIGHT SUMMARY
GREEN LIGHT POLICY DETAIL
* All costs are figured by Carmatic Auction at wholesale dealer cost, which implies used, remanufactured, and/or aftermarket parts as well as discounted labor rates. Price adjustments may be made by the seller, up to the amount necessary, to resolve a problem and will be figured off wholesale dealer costs.
** An additional 7 days from point of notification may be granted to buyer in order to get vehicle diagnosed properly.
*** Depending on service level purchased.
GREEN LIGHT SELLER DISCLOSURE REQUIREMENTS
RED LIGHT “AS-IS” POLICY DETAIL
Vehicles being sold AS-IS are not subject to arbitration for mechanical, electrical, cosmetic, or visible damage. AS-IS vehicles will only qualify for arbitration under the seller disclosure requirements (listed below). Vehicles selling for $1000 or less will not be available for ANY arbitration with the exception of non-transferable or branded title. RED-LIGHT vehicles are sold Buyer Beware. Carmatic will not involve themselves in a dispute regarding the condition of a RED-LIGHT vehicle purchase.
RED LIGHT SELLER DISCLOSURE REQUIREMENTS
The buyer has 7, 14 or 21 business days*** from the date of auction or 300 miles from the odometer reading listed in the auction, whichever occurs first, to bring a potential FRAME issue to the attention of Carmatic.
***Depending on service level purchased.
YELLOW LIGHT POLICY DETAIL
In the case of a major announcement disclosed on an auction, a Yellow Light will appear in addition to a Green Light or Red Light. Any announcements that are accompanied with a Yellow Light are not eligible for arbitration. The Yellow Light supersedes a Green Light with regards to the announcement that is made.
FEES & POLICIES
Vehicles sold by Carmatic on behalf of Norwalk Auto Auction (NAA) will be subject to NAA Policies for Fees, Titles, Arbitration, and Transportation.
All fees are in USD and are subject to applicable taxes. By using the Carmatic platform, you are agreeing to pay the fees set out in the most current fee summary below. Overdue amounts bear a late payment fee of $10/day and/or interest at a rate equal to 1.5% per month or the maximum rate allowed by law, whichever is less.
Users with a General account pay $149 unless discounted by Carmatic. The sell fee is only charged once a vehicle has been sold. Fee is deducted from sale proceeds. Any unpaid fees will be invoiced weekly and can be paid with the credit card on file or via check.
There is no Sell Fee if your vehicle does not sell. That means it’s free to launch and relaunch vehicles on Carmatic.
Vehicle Removal Fee
A $500 Vehicle Removal Fee will be charged if a vehicle Sold on Carmatic is not made available to the buyer and will be invoiced weekly and can be paid with the credit card on file or via check.
Buyer Transaction Fee
The Buyer Transaction Fee is paid when a vehicle is purchased; it’s calculated on a per vehicle basis based on the purchase price. The Transaction Fee is added to the vehicle purchase price and paid through electronic funds transfer (ACH) or floorplan.
Buyer Transaction Fee Breakdown:
|$3,000 or less||$99|
|$3,001 - $10,000||$149|
|$10,001 - $20,000||$199|
|$20,001 - $50,000||$249|
|$50,001 and up||$299|
Norwalk Auto Auction Buyer Transaction Fee Breakdown:
|$3,000 or less||$250|
|$3,001 - $10,000||$350|
|$10,001 - $20,000||$450|
|$20,001 - $50,000||$500|
|$50,001 and up||1% of vehicle value|
Carmatic TITLE POLICY
Carmatic Auction Sellers have the ability to sell vehicle two ways:
Special Title Notes:
Clerical Errors – If a title problem is due to a clerical / coding error or incomplete documentation, Carmatic Auctions shall be given reasonable time after receiving notice to have the error corrected.
Buyers Responsibilities – Carmatic Auctions and Seller will not be responsible for any vehicle sale or repairs made to Title Attached vehicles in the event a title is not produced.
Seller Responsibilities – Sellers may be responsible for refunding transportation expenses for vehicle where a title could not be produced.
It will be the buyer’s responsibility to notify the Carmatic Auctions title department 48 hours prior to unwinding an auction due to a title not being produced. This will allow Carmatic Auctions to contact the seller and put them on notice of the pending arbitration. If the seller does not produce a transferable title to the Carmatic office by 5:00pm on the second day after notice was made the auction will be voided. The earliest the notice can be submitted from a buyer is Day 19, (Sale Day being Day 1). Contact titles department at firstname.lastname@example.org.