Términos y condiciones de membresia
Last updated: October 18, 2019
SCA AUCTIONS LLC is pleased to provide this Website and your membership therein. SCA AUCTIONS LLC is a Florida limited liability company, with a principal place of business located at 15173B NE 21ST Avenue, North Miami Beach, FL 33162 USA.
These Terms are a legally binding Agreement between Members and us. Therefore, please read these Terms carefully, and, if you do not agree to be bound thereby, please immediately discontinue your use of the Website and do not register as a Member. IAA shall not be a party to this Agreement; all vehicle purchases are made via us and not IAA.
“Services” refers to the services we offer, including providing a platform through which Members may place bids on vehicle auctions and vehicle transportation services.
“We,” “us” and “our” refer to SCA AUCTIONS LLC.
“You,” “your” and “Member” refer to a member of the Website.
2. Registration & Membership
2.2. Restrictions on Membership: Membership shall be restricted to those persons who: (1) are eighteen (18) years of age or older and have the capacity to enter into a legally binding contract; (2) are residents of non-embargoed countries; and (3) provide a valid passport or government-issued form of identification for verification of identity purposes. Members may only have one (1) account and may not sell, assign, or otherwise transfer the account.
2.4. Basic Membership: Members who have registered as Basic Members shall pay a Transaction fee of Two Hundred Fifty U.S. Dollars and No Cents ($250.00) or five percent (5%) of the purchase price per vehicle, whichever is greater. Basic Memberships have no expiration dates and may be upgraded at any time; Basic Members are limited to Proxy Bids only and may not participate in Live Auctions.
2.5. Premier Membership: Members who have registered as Premier Members shall pay a reduced Transaction Fee of Two Hundred Fifty U.S. Dollars and No Cents ($250.00) per vehicle and can participate in Live Auctions, for an annual fee of One Hundred Fifty U.S. Dollars and No Cents ($150.00). Premier Memberships are good for one (1) year, where at the end of the year they shall downgrade automatically to a Basic Membership unless renewed by the Member.
2.6. Cancellation of Membership: You may cancel your Membership at any time by contacting us. No fees paid by you shall be refunded, for any reason whatsoever, in the event you elect to cancel your Account.
2.7. Revocation of Membership: We reserve the right to suspend, revoke, or otherwise terminate your Membership at any time and for any reason whatsoever, in our sole and exclusive discretion. Examples of why a Membership may be terminated include but are not limited to violations of Section 2.3 or nonpayment of any fees due. No fees paid by you shall be refunded, for any reason whatsoever, in the event your Membership is suspended, revoked, or otherwise terminated, nor shall we be liable for said suspension, revocation, or termination or any damages related to or arising therefrom.
2.8. Membership Fees: Basic Memberships are free. One-year Premier Memberships are subject to a nonrefundable fee of One Hundred Fifty U.S. Dollars and No Cents ($150.00) payable upon registration or Account upgrade from a lower Membership type via major credit or debit card or wire transfer or as otherwise set forth upon checkout. The $150 Premier registration fee is put on hold on your bank account until Premier registration is completed. Once the registration is completed, the Premier registration fee will be finally charged from your account. If you do not complete your Premier registration for any reason within 2 weeks, $150 registration fee will be released back to your bank account. We may change the Membership Fees at any time, in our sole and exclusive discretion.
3. Vehicle Sales & Bidding
3.1. IAA: In addition to our Terms, all vehicle sales shall be additionally subject to the IAA auction rules; therefore, you are encouraged to review IAA’s auction rules prior to placing any bid. All terms not defined herein shall be given the definition as set forth in IAA’s auction rules.
3.2. Bids: Bid carefully! Once submitted, bids cannot be changed or retracted. We are unable to guarantee that IAA may accept your bid, and IAA may reject a Member’s bid for any reason in IAA’s sole and exclusive discretion. You agree that we shall have no liability in the event that a bid you place is rejected. In the event of a tie, a live bidder shall always prevail over a proxy bidder. If both parties are proxies, they will be requested to place follow-up bids to resolve the tie, or, if doing so does not break the tie, the vehicle will be awarded to the person who bid first, or, alternatively, all bids will be canceled and the vehicle relisted for bidding.
3.3. Cancellations; Reversals: IAA may from time to time and in its sole discretion postpone or otherwise cancel an auction. You agree that we shall have no liability in the event that an auction is canceled. IAA may also from time to time and in its sole discretion reverse or cancel any sale in the event it suspects fraud, misrepresentation, or defect. You agree that we shall have no liability in the event that a sale is canceled or reversed. Should a sale be canceled after payment, reimbursement of the paid amount shall come first to us, and then we shall remit the same to the Member. Reimbursements for canceled sales may take several weeks to process and post to a Member’s Account.
3.4. On-Call Sales: On-Call Sales require the approval and acceptance of a sale by the Seller and shall not be final until such acceptance is given, in Seller’s sole and exclusive discretion. Such acceptance may take up to twenty-four (24) hours.
3.5. Affiliate Brokers: We may, from time to time, utilize the services of affiliate dealers and brokers. You agree to this practice and further agree to defend, indemnify and hold harmless any and all such affiliates to the same extent as ourselves as provided for herein.
3.6. Yard Visits: Upon payment of a Twenty-Five U.S. Dollars and No Cents ($25.00) per-person fee, you may visit IAA yards during the bidding period. IAA requires compliance with all IAA yard visit rules and regulations as well as laws during such yard visits and strictly prosecutes persons who damage or steal yard vehicles or vehicle keys. Such rules include but may not be limited to a prohibition against cameras and bags while on the yard and restrictions on vehicular repairs and work. To apply for a yard visit pass, please visit the vehicle lot Website and file a request for inspection via the “Buy Inspection Pass” option.
4. Titles, Possession & Shipping
4.1. Assumption of the Risk: You agree and acknowledge that you assume the risk and responsibility for all losses and damages to a purchased vehicle from the time your bid is accepted. IAA and/or we act merely as bailees of vehicles from the time of purchase until the time of pickup and shall not be responsible for any loss or damage thereto or to any part of the vehicle.
4.2. Removal of Vehicles: In the event you purchase a vehicle from us, you should endeavor to remove it from the IAA facility the same day. All removals shall be conducted via a towing or trailer system, as purchased vehicles may not be driven prior to their registration and, if required, state-mandated inspections, regardless of driving condition and title status. This statement serves as a non-driving affidavit. In removing a vehicle you agree to comply with any and all applicable rules, laws, and regulations and shall ensure that at all times the vehicle has been properly secured for safe removal. IAA and/or we shall have no liability for improperly secured or loaded vehicles, including instances where an IAA or our employee or contractor assists with loading and securing the vehicle, and you agree that we shall not be liable for any damages that may during loading, securing or transport.
4.3. Shipment of Vehicles: You may elect SCA to have your purchased vehicle shipped to you instead of arranging for its pickup. In such an event we shall act as your shipping agent and will contract with a shipping carrier on your behalf for the shipment, storage, and delivery of your purchased vehicle, FOB. We expressly disclaim all liability for any and all loss, damage, expense or delay to any shipped vehicle. No vehicles shall be shipped prior to full and complete payment of all shipping costs and other applicable fees, which may include loading fees, keys, and export documentation. You may also incur storage fees in the amount of Fifty U.S. Dollars and No Cents ($50.00) per day in the event we are unable to pick up your vehicle from the IAA facility within the pickup period, and we expressly disclaim that we do not guarantee your vehicle will be picked up during the pickup period. All shipping costs displayed on our Website are estimates only and shall not be binding until provided directly by us in writing. At any time SCA may decline to transport your vehicle. In such an instance, you will be refunded the full amount paid to SCA for the transportation of said vehicle.
4.4. Exportation/Importation of Vehicles: In the event you reside outside of the United States, we generally will arrange for the exportation of your vehicle. You agree and acknowledge that you shall be solely responsible for compliance with all import and export regulations for the vehicle, including all licensing and emissions requirements for the final destination of the vehicle and shall provide the same, if requested pursuant to per 15 CFR § 758.3(b). All such exportations shall be governed by U.S. export law, including but not limited to the U.S. Foreign Corrupt Practices Act of 1977 (the “FCPA”), the U.S. Foreign Trade Regulations (the "FTR"), and the U.S. Export Administration Regulations (the "EAR"). You expressly agree and acknowledge to strictly comply with all exportation rules set forth by the EAR General Prohibitions found at 15 CFR Part 736, regarding exportation to restricted and/or embargoed countries. In the event you do not wish for us to assist with the exportation of your purchased vehicle, a Routed Export Transaction, we shall not be the exporter or your exporting agent, and you shall act as the Foreign Principal Party in Interest, pursuant to the regulations of the FTR and EAR, and shall locate and authorize a forwarding agent to facilitate the export on your behalf via a Power of Attorney, which you shall provide to us, upon demand together with your Electronic Export Information submitted to the Automated Export System (the “AES”), pursuant to the requirements of 15 CFR §30.3(e)(2). We shall cooperate with your exporting agent and shall provide to him, her or it the Harmonized Tariff Schedule ("HTS") code, Export Control Classification Number (the "ECCN"), and other export information required under 15 CFR§ 30.3(e)(1) upon your or your agent’s written request. Unless we have agreed to do so in writing, we will not facilitate import clearance; you shall be identified as the Importer of Record for each vehicle at all times, including but not limited to on all governmental paperwork, fees, taxes, customs inspections, and proof of emissions compliances.
4.6. Post-Bid Vehicle Damages and Discrepancies: In the event that at the time of pickup a purchased vehicle has been damaged or differs from the condition of the vehicle at the time of purchase you may cancel the sale or purchase the vehicle at the original purchase price. Differences in odometer readings of 2,000 miles or fewer shall not be considered a discrepancy in the purchase or listing condition and will not be a basis for cancellation of a sale.
4.5. Release of Title: Vehicle titles are first transmitted by IAA to us and then reassigned to the purchaser upon e-signature of documents pertaining to the sale and provision of a government-issued form of identification together with payment of all dues. We reserve the right to deny the release of a title to any person for any reason whatsoever.
4.6. Title Type: We do not guarantee the title type that may be given for any vehicle or any vehicle purchased.
4.7. Repairs to Vehicles; Members may not repair or dismantle any purchased vehicles on any IAA or vehicle storage facility premise and must arrange for pickup without doing so.
5. Sales Fees & Other Costs
5.1. Security Deposits: Deposits are not generally required to use and access the Website; however, all Members who wish to make any bids must have a minimum deposited with us four hundred U.S. Dollars and No Cents ($400.00) per vehicle to be used as a security deposit (the “Security Deposit”). Deposits of this amount shall entitle Members to bid up to Four Thousand U.S. Dollars and No Cents ($4,000.00) on a single vehicle. In the event that the member wishes to place a higher bid than the allotted $4,000, the member shall be required to place a total of ten percent (10%) of their maximum planned bid including the initial $400 security deposit. For example a five hundred ($500) security deposit will allow the member to bid up to $5000.
Provided that the Purchase Price has been fully paid and the purchased vehicle picked up, the Security Deposit is fully refundable (barring off-set against other fees) via a request from your Account, with most refunds being returned via the same payment method used to make the Security Deposit. In the event that a refund is requested 120 days or more after the date of the Security Deposit payment, U.S. and Canadian residents will receive their refunds via a paper check, with all other Members receiving refunds via wire transfer with the Member responsible for any and all wire transfer fees. Refund requests may not be made in writing or verbally and must be made exclusively through your Member Account and shall not be valid until a confirmation email is received by you from us.
5.2. Transaction Fees: All sales shall be subject to a per-purchase Transaction Fee in the amount of Two Hundred Fifty U.S. Dollars and No Cents ($250.00) or five percent (5%) of the purchase price for Basic Members and Two Hundred Fifty U.S. Dollars and No Cents ($250.00) for Premier Members. Notwithstanding the foregoing, Florida residents whose purchased vehicle will be registered in Florida shall be subject to a Transaction Fee in the amount of Three Hundred Ninety Nine U.S. Dollars and No Cents ($399.00) for Premier members and Four Hundred Ninety Nine U.S. Dollars and No Cents ($499.00) or five percent (5%) of the purchase price for Basic members. Transaction Fees shall not be refundable for any reason whatsoever.
5.3. Purchase Fees: The purchase price (“Purchase Fees”) of any vehicle shall be due within two (2) business days of the date of sale and shall be made directly to us via wire transfer. No other methods of payment are accepted at this time. In the event that full payment of the Purchase Fee plus any applicable Late Fee as set forth in Section 5.4, supra, is not made within the payment date set by the auction facility (generally, eight (8) to ten (10) calendar days) the vehicle shall be deemed forfeited and shall be relisted by us without recourse by or refund to you.
5.4. Late Payments: In the event that a Purchase Fee remains unpaid after three (3) business days, a nonrefundable Late Fee in the amount of Fifty U.S. Dollars and No Cents ($50.00) per-purchased vehicle or two percent (2%) of the vehicle sale price will become due and owing. Bidding privileges may be suspended until payment for vehicle is received.
5.5. Relisting Fees: In the event that timely payment is not made of all associated fees we may, in our sole and exclusive discretion, cancel the sale and relist the vehicle.
In such an event Basic Member shall be responsible for the payment of a Relisting Fee of the greater of One Thousand U.S. Dollars and No Cents ($1,000.00) or fifteen percent (15%) of the vehicle sale price, deducted from Basic Member’s Security Deposit plus any additional fees and costs, such as collection costs and attorneys’ fees, including but not limited to the Transaction Fee.
Premier member shall be responsible for the payment of the Renege fee of the greater of One Thousand U.S. Dollars and No Cents ($1,000.00) or fifteen percent (15%) of the vehicle sale price, Relisting fee of Three Hundred U.S. Dollars and No Cents ($300.00) deducted from Premier Member’s Security Deposit plus any additional fees and costs, such as collection costs and attorneys’ fees.
Relisting Fees are strictly nonrefundable, and multiple failures to pay and resulting relists shall result in termination of your privileges and suspension of your Account.
5.6. Auction House Fees: All sales are subject to Auction House fees
. Prior to placing any bid you are encouraged to review and understand the Auction House Fees and Fee Structure of IAA, as sales will not be canceled based on a lack of knowledge of the applicable Auction House Fees.
5.7. Vehicle Storage Fees; Vehicle Abandonment: In the event that a purchased vehicle is not picked up within three to five (3 - 5) business days, including the day of purchase, the vehicle will incur Storage Fees in the amount of Fifty U.S. Dollars and No Cents ($50.00) per day. The length of time that is allotted to pick up the vehicle (3-5 days) depends on the lot. In the event that a vehicle is not removed from an IAA facility within twenty (20) days of sale, said vehicle may be removed from IAA’s facility and transferred to our own storage facilities. In such an event you will be responsible for all removal and storage fees.
In the event that a vehicle is not picked up from our storage facilities following transfer from an IAA storage facility within ten (10) business days, it will be deemed abandoned, and you will be considered to have forfeited all rights in your purchased vehicle. In such an event the vehicle will become our property and shall be relisted by us. In the event its ultimate sale price is less than the fees for its storage and transport as well as any other outstanding fees, you shall remain liable for the payment of the difference, upon demand.
5.8. Documentation Fee: Every transaction will be subject to a nonrefundable Documentation Fee of Fifty-Five U.S. Dollars and No Cents ($55.00) for US based buyers and One Hundred and Twenty U.S. Dollars and No Cents ($120.00) for Overseas buyers.
5.9. Sales Tax: You may purchase a vehicle wholesale with a valid showing of sales tax exemption. In such a circumstance you will indemnify, defend, and hold us harmless against fines, damages, and assessments where a tax should have been paid.
5.10. Special Sales Tax Provision for Florida Residents and Florida Sales: Florida residents must pay a Florida sales tax of six percent (6%) of the vehicle sale price discretionary county sales surtaxes based on the county where the purchasing Member lives. (Click here
for more information.) Non-Florida residents may also be required to pay a state sales tax if they pick up their purchased vehicles directly from an auction house or facility located in Florida. To claim tax exemption, you should complete, sign, and have notarized and sent to SCA the Florida Department of Revenue Form DR-123
prior to shipping. All shipments facilitated by us to a non-Florida address shall be automatically exempt from this tax requirement, without the necessity for Form DR-123. In the event you are a non-Florida resident and pay or have paid Florida sales tax for the purchase of any vehicle through us within the previous three (3) years, you may qualify for a refund of said sales tax. To apply for such a refund, please contact us with proof of out-of-state transportation, such as a Bill of Lading or Dock Receipt.
5.11. Nonpayment of Fees; Collection: In the event any of the foregoing Fees remain unpaid, we shall first apply any payments made, including your Security Deposit, to any unpaid Membership Fees, Registration Fees, storage, shipping and gate fees, late payment fees, Relisting Fees, and Transaction Fees followed by the application of the payment to the sales price of the vehicle. Any outstanding debts will be directly deducted from the payment method provided by you upon registration, as amended from time to time, without your further approval or notice. We shall not be under any obligation to release a vehicle into your possession until any and all fees and costs have been paid to our complete satisfaction. Should you pay for any fee contemplated herein by a credit or debit card, you agree to authorize SCA AUCTIONS LLC to initiate debit/credit entries from your bank account or credit/debit card.
5.12. Refunds and Disputes: Except as set forth herein, no fees or other payments shall be refundable to you for any reason. In the event you object to any fees or costs assessed to you, please contact us at SCA AUCTIONS LLC, 15173B NE 21ST Avenue, North Miami Beach, FL 33162 USA.
6. DISCLAIMERS OF WARRANTY & LIMITATIONS OF LIABILITY
6.1. ALL VEHICLES ARE SOLD “AS IS”; Disclaimers of Warranty: Every vehicle, including all vehicle types, sold through us is sold “as is where is.” No vehicle is represented as being road-worthy, drivable or mechanically sound and any vehicle may require substantial repairs. As such, it is sold without any warranties WHATSOEVER. Removal of the vehicle from the auction facility constitutes that the vehicle has been inspected by the member prior to removal. It is the members responsibility to inspect all vehicles, either in person or through third party, prior to purchase and prior to removal of the vehicle from the auction facility.
6.2. Non-Liability for Inaccurate Information: We expressly disclaim any and all liability related to accuracy and/or inaccuracy or completeness of the information provided via the Website, including but not limited to vehicle year, make, model, ACV, previous damages, condition for driving, accessories and parts, mileage and odometer reading, key availability, Vehicle Identification Number (“VIN”), availability of VIN plates, emissions testing readiness and/or passability, repairs needed, title history and loss history. All information provided is for general information purposes only and should not be used as the sole basis for making any decision regarding a purchase or bid amount, and you should thoroughly research all vehicles independently prior to making any bids.
6.3. Disclaimer of Registration. We expressly disclaim any and all liability that any vehicle may be registered in any state or country. You shall be solely and exclusively responsible for ensuring that the vehicle purchased may be registered or resold, and you accept all responsibility therefore.
6.4. Motor Vehicle Department Disclaimers: We expressly disclaim any and all liability for any defects, errors and/or omissions in the information related to a vehicle’s motor vehicle department registration and paperwork or by any other department, department of revenue or other entity.
6.5. National Motor Vehicle Title Information System Disclaimer: All vehicles sold have been reported to the National Motor Vehicle Title Information System, and all purchases shall be reported in our sole and exclusive discretion. You agree and accept all risks associated with the purchase of any vehicle and reporting of the same to the National Motor Vehicle Title Information System. More information may be found at vehiclehistory.gov.
6.6. Disclosures: You agree and acknowledge that we may disclose your personal information, including transaction information, to the extent necessary to comply with any and all applicable laws and if required to do so in any judicial or administrative proceeding.
6.7. Damage by Us: In the event we are solely and uniquely responsible for any damage to a purchased vehicle, damages therefore shall be limited to the lesser of the auction sale price or diminution in value of the vehicle. We may, at our discretion, resell any damaged vehicle with the diminution in value being limited to the difference between the original sale price and the resale price.
6.8. Limitation of Liability: You hereby agree to release us, IAA, and our respective directors, officers, employees, contractors, agents, parent subsidiaries, partners, vendors, and affiliates against any and all claims and liabilities for any and all damages, losses, claims, and expenses, whether direct or indirect, known or unknown, foreseen or unforeseen, for any personal injury, property or any and all other damages occurring on our or IAA’s properties, and/or related to or arising from any and all transactions via the Website, including any and all claims of negligence, personal injury, property damage, pain and suffering, direct damages, special damages, circumstantial damages, and/or incidental damages.
6.9. Release and Waiver by California Residents: If you or your guest is a California resident you hereby waive California Civil Code §1542, which reads: "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."
6.10. Indemnification: You agree to defend, indemnify, and hold harmless us, IAA, and respective officers, directors, members, employees, contractors, agents, parents, subsidiaries, partners, vendors, and affiliates from and against any and all costs, expenses, fees, demands, claims and liabilities for any and all damages arising from or related to your use of the Website, purchase of any vehicle, visit to any auction facility or yard, pickup and/or use of a purchased vehicle.
7.1. Choice of Law; Jurisdiction: The laws of the state of Florida shall apply to this Agreement. The Parties agree that the courts located in Florida, will have exclusive jurisdiction, subject to Section 7.2.
7.2. Dispute Resolution; Binding Arbitration: The Parties agree to submit to binding arbitration pursuant to the rules of the American Arbitration Association and the laws of the state of Florida, by a single arbitrator located in Florida.
7.3. Entire Agreement: These Terms shall be the entire agreement related to the subject matter hereof.
7.4. Severability: In the event that any of these Terms are determined to be unenforceable they shall be severed from the remainder, which shall remain in effect.
7.5. Modification and Changes to Terms. We may modify or change our Terms at any time, without notice to you, and with immediate effect. If you continue to use the Website after the change or modification you will have accepted the same.
7.6. Modification and Changes to the Website: We may modify or change our Website at any time, without notice to you, and with immediate effect. If you continue to use the Website after the change or modification you will have accepted the same.
7.7. Right of Refusal and Limitation: We reserve the right to refuse to provide or limit your access to the Website and/or your Account or the services we offer for any reason whatsoever at any time in our sole and exclusive discretion, without recourse to you.