Términos y condiciones de membresia
Last updated: October 14, 2022
SCA LLC is pleased to provide this Website and your membership subject to the terms and conditions set forth herein. SCA LLC is a Delaware limited liability company, with a principal place of business located at 8 The Green Suite #5940, Dover, DE 19901. These Terms and Conditions are a legally binding agreement between any Member(s) and SCA LLC. Therefore, please read these Terms carefully, and, if you do not agree to be bound hereby, 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 SCA LLC’s affiliated dealers, brokers, and dismantlers and not IAA.
The member hereby agrees to execute the ‘WAIVER OF RIGHTS AND COVENANT NOT TO SUE’ as a condition precedent to picking up their vehicle and taking ownership thereof.
“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 LLC.
“You,” “your” and “Member” refer to a member of the Website.
“Website” refers to the Website https://sca.auction/ and any related website provided by us.
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. Member is solely responsible for their account and the security and privacy of their account information. If Member’s account is hacked, infiltrated, or otherwise under the control of any third party member is solely responsible for any account activity, including bids that are binding and final.
2.4. Basic Membership:
● Membership Fee - Free to register. Basic Membership has no expiration date and may be upgraded at any time
● Live Bidding - Basic Members are limited to Preliminary Bids only and may not participate in Live Auctions.
● Bidding Limit - Bidding is limited to five (5) vehicles simultaneously. Once bids are placed on 5 different vehicles, the Basic member will only be able to increase their bid on the active vehicles but will not be able to bid on any other additional vehicles until the auction for the active vehicle(s) is over. At any given time the number of vehicles being bid on cannot surpass a total of five (5).
● Maximum Bid - The sum of all of the current bids cannot exceed Thirty Three Thousand Dollars ($33,000.00), provided the member places a sufficient security deposit as described in section 5.1
● Transaction Fee - The transaction fee of Two Hundred Ninety-Nine U.S. Dollars and No Cents ($299.00) or Five (5%) percent of the purchase price per vehicle plus applicable fees, whichever is greater.
● Vehicle Preview - Basic members may not visit the auction facility to preview the vehicle on site
2.5. Premier Membership:
● Membership Fee - The Premier membership registration fee is One Hundred and Ninety-Nine U.S. Dollars and No Cents ($199.00). The Premier Membership expires after one calendar year from the date of registration and will expire unless renewed by the Member before the expiration date.
● Live Bidding - Premier members may participate in live auction bidding as well as Preliminary bidding
● Bidding Limit - Bidding is limited to ten (10) vehicles simultaneously. Once bids are placed on 10 different vehicles, the Premier member will only be able to increase their bid on the active vehicles but will not be able to bid on any other additional vehicles until the auction for the active vehicle(s) is over. At any given time the number of vehicles being bid on cannot surpass a total of ten (10).
● Maximum Bid - The sum of all of the current bids cannot exceed Sixty Six Thousand Dollars ($66,000.00), provided the member places a sufficient security deposit as described in section 5.1
● Transaction Fee - The transaction fee for Premier members is Two Hundred Fifty U.S. Dollars and No Cents ($250.00) or three percent (3%) of the purchase price per vehicle plus applicable fees, whichever is greater.
● Vehicle Preview - Premier members may visit the auction facility and preview the vehicle on site
● Vehicle History Reports - Premier members are credited 10 Vehicle History Reports annually
2.6. Expert Membership:
● Membership Fee - The Expert membership registration fee is Three Hundred and Forty-Nine U.S. Dollars and No Cents ($349.00). The Expert membership expires after one calendar year from the date of registration and will expire unless renewed by the Member before the expiration date.
● Live Bidding - Expert members may participate in live auction bidding as well as Preliminary bidding
● Bidding Limit - May bid on an unlimited number of vehicles simultaneously
● Maximum Bid - There is no limit on the sum of all of the current bids, provided the member places a sufficient security deposit as described in section 5.1
● Transaction Fee - The transaction fee for Expert members is Two Hundred U.S. Dollars and No Cents ($200.00) or one and five tenths percent (1.5%) of the purchase price per vehicle plus applicable fees, whichever is greater.
● Vehicle Preview - Expert members may visit the auction facility and preview the vehicle on site
● Vehicle History Reports - Expert members are credited 50 Vehicle History Reports annually
2.7. 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.
2.8. 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.
2.9. Membership Fees: Basic Memberships are free. Annual Premier Memberships are subject to a nonrefundable fee of One Hundred Ninety Nine U.S. Dollars and No Cents ($199.00) payable upon registration or Membership upgrade from a lower Membership type. Annual Expert Memberships are subject to a nonrefundable fee of Three Hundred and Forty-Nine U.S. Dollars and No Cents ($349.00) payable upon registration or Membership upgrade from a lower Membership type. Memberships are paid via major credit or debit card, Zelle® transfer service or wire transfer or as otherwise set forth upon checkout. 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.
3.1. A. SCA LLC is solely a marketplace and does not represent or warrant the accuracy of the information or descriptions associated with any particular vehicle. When a vehicle is selected for purchase from SCA LLC’s platform, an affiliated network of dealers fulfills the transaction. The fulfillment of any particular transaction is the responsibility of the affiliated brokers and dealers, as described in section 3.5 herein.
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 preliminary 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, dealers, dismantlers: To facilitate purchase from our website we utilize the services of affiliate brokers, subsidiaries, dealers and or dismantlers. You agree to this practice and further agree to defend, indemnify, release and hold harmless any and all such affiliates from any cause, claim or dispute to the same extent as ourselves as provided for herein.
3.6. Vehicles Previewing’s and Yard Visits: Vehicles Previewing’s and Yard Visits are limited to Premier and Expert Memberships. 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.
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 associated with the 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.
4.1. A. Penalties: You understand, agree, and acknowledge that any modifications or alterations by you to the title or condition of your purchased vehicle may be subject to penalties, civil or criminal, in accordance with applicable law or statute.
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 licensed and insured transportation companies only, 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 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 occur during the 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 up to Fifty U.S. Dollars and No Cents ($50.00) per day based on auction location 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 all governmental paperwork, fees, taxes, customs inspections, and proof of emissions compliances.
4.5 You agree and acknowledge that you assume the risk and responsibility for all losses and damages associated with the purchased vehicle from the time your bid is accepted. This includes but is not limited to broken glass, windshield, window, roof, tires, paint, scratches, and any other damages.
4.6. Post-Bid Vehicle Discrepancies: 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. All bids are final and no cancellations are permitted, as Member acknowledges they had ample opportunity to inspect the vehicle fully prior to and subsequent to purchase. Member acknowledges that various loose items that are pictured in the listing may or may not be present at the time of vehicle pickup. Loose parts such as bumpers, windshield wipers, side skirts, tire caps, and other parts may not be attached to the vehicle. Member agrees to disclaim said damages associated with these loose items, and hold SCA LLC harmless in the event these loose item damages occur. Such loose items damage shall not be a basis for Member to cancel any 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. SCA offers no guarantees that you will receive a title certificate from the same state as the vehicle’s listing. In some cases, regional law requires the transfer of ownership documentation to the state where the transfer of ownership happened, but you will always receive an equivalent certificate.
4.8. California Residents: All California residents who have made a purchase in the state of California will receive an Acquisition Bill of Sale (“REG 262”), which is not considered a certificate of title. An Acquisition Bill of Sale may be converted to a Salvage California Certificate at a California DMV. Members must acquire a vehicle moving permit from a local California DMV, using the Acquisition Bill of Sale, this is so the vehicle can be legally taken to safety inspections. Oversized vehicles may need to be weighed in order to acquire a vehicle moving permit in the state of California. The vehicle must pass safety inspections before it can be registered with a California DMV. In the case where any necessary repairs must be made to the vehicle in order to pass the inspection, you are solely responsible for the repairs and we will not be assisting you with such repairs or the registration process, and we may not guarantee that any vehicle can pass inspections and receive a salvage certificate. You are solely responsible for consulting with your local DMV prior to the purchase of any vehicle to make sure that it meets all specific requirements in order to be deemed registrable with the California DMV. After a successful inspection and registration, the DMV will mail you a salvage certificate and will issue new tags. All California residents that intend to export the purchased vehicle out of the state of California must inform SCA and request in advance the ownership documents as described in the vehicle listing with an “EXPORT ONLY” stamp. Members are responsible for investigating if the ownership documents are fit for export of the vehicle. Vehicles sold with documentation branded as “Parts Only”, “Junk”, “Non-Repairable”, “Bill of Sale” or any other equivalent will be sold with a Bill of Sale only.
4.9 Members may not repair, modify, take apart, or otherwise dismantle any purchased or bid vehicles after Member receives or otherwise picks up their vehicle. In the event of a buyback, SCA LLC shall not refund any costs or expenses incurred by Member associated with repairing, modifying, or dismantling the vehicle. For this reason, Member hereby warrants, represents, and agrees that he or she shall not make any repairs to the vehicle up to and until Member receives full ownership documents and Member has successfully completed vehicle registration within their applicable state.
5. Payments & Fees
5.1. Security Deposits: Provided that the Purchase Price has been fully paid and the purchased vehicle picked up, the Security Deposit is fully refundable (barring offset 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 may 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. Deposits are not generally required to use and access the website, however, a security deposit is required in order to place a bid;
5.1A. Basic Members who wish to place any bids must have a minimum security deposit of One Thousand U.S. Dollars and No Cents ($1,000.00) per vehicle (the “Security Deposit”). Deposits of this amount shall entitle Basic Member to bid up to Six Thousand and Six Hundred U.S. Dollars and No Cents ($6,600.00) on a single vehicle. If the Basic member wishes to place a higher bid than Six Thousand and Six Hundred and No Cents ($6,600.00), they shall be required to place an additional One Hundred U.S. Dollars and No Cents ($100.00) in Security Deposit for each additional Six Hundred and Sixty U.S. Dollars and No Cents ($660.00) cumulative bid total. Basic Members are limited to a maximum bid of Thirty Three Thousand Dollars and No Cents ($33,000.00) which allows bidding on five (5) vehicles simultaneously. If a Basic member wishes to bid on more than five (5) vehicles simultaneously or over Thirty Three Thousand Dollars and No Cents ($33,000.00) cumulatively, they must upgrade to Premier or Expert memberships and place an appropriate security deposit.
5.1B. Premier Members who wish to place any bids must have a minimum security deposit of One Thousand U.S. Dollars and No Cents ($1,000.00) per vehicle (the “Security Deposit”). Deposits of this amount shall entitle Premier Member to bid up to Six Thousand and Six Hundred U.S. Dollars and No Cents ($6,600.00) on a single vehicle. If the Premier member wishes to place a higher bid than Six Thousand and Six Hundred U.S. Dollars and No Cents ($6,600.00), they shall be required to place an additional One Hundred U.S. Dollars and No Cents ($100.00) in Security Deposit for each additional Six Hundred and Sixty U.S. Dollars and No Cents ($660.00) cumulative bid total. Premier Members are limited to a maximum bid of Sixty Six Thousand Dollars and No Cents ($66,000.00) which allows bidding on ten (10) vehicles simultaneously. If a Premier member wishes to bid on more than ten (10) vehicles simultaneously or over Sixty Six Thousand Dollars and No Cents ($66,000.00) cumulatively, they must upgrade to Expert membership and place an appropriate security deposit.
5.1C Expert Members who wish to make any bids must have a minimum deposit with us of One Thousand U.S. Dollars and No Cents ($1,000.00) per vehicle to be used as a security deposit (the “Security Deposit”). Deposits of this amount shall entitle Premier Members to bid up to Six Thousand and Six Hundred U.S. Dollars and No Cents ($6,600.00) on a single vehicle. If the Expert member wishes to place a higher bid than Six Thousand and Six Hundred U.S. Dollars and No Cents ($6,600.00), they must place an additional One Hundred U.S. Dollars and No Cents ($100.00) in Security Deposit for each additional Six Hundred and Sixty U.S. Dollars and No Cents ($660.00) cumulative bid total. Expert Members can place an unlimited amount of bids, on an unlimited amount of vehicles simulatiously, provided that their security deposit is sufficient to accommodate this.
5.2. Transaction Fees: All sales shall be subject to a per-purchase Transaction Fee in the amount of Two Hundred Ninety-Nine U.S. Dollars and No Cents ($299.00) or Five (5%) percent of the purchase price, whichever is greater plus applicable fees for Basic Members, Two Hundred Fifty U.S. Dollars and No Cents ($250.00) or Three (3%) percent of the purchase price, whichever is greater plus applicable fees for Premier Members and Two Hundred U.S. Dollars and No Cents ($200.00) or one and five tenths (1.5%) percent of the purchase price, whichever is greater plus applicable fees for Expert Members. Transaction Fees shall not be refundable for any reason whatsoever.
5.3. Vehicle Payments: All payments for vehicles shall be due within one (1) business days of the date of sale and shall be made directly to us via wire transfer in US dollars by 5:00 pm branch local time. In the event of nonpayment within the time period mentioned herein (1 business days), Member shall be subject to late fees of $50.00 or 2%, whichever is greater. No other methods of payment are accepted at this time. We do not accept payment via credit card, debit card, Paypal, trade ins, cashier’s checks, money orders, or ACH payment. SCA LLC reserves the right to cancel the bid for any reason and relist the vehicle within its sole discretion.
5.4. Late Payments: In the event that a vehicle remains unpaid for after two (2) business days, it will be subject to a Late Fee in the amount of Fifty U.S. Dollars and No Cents ($50.00) or two percent (2%) of the vehicle sale price, whichever is greater. Member Bidding privileges may be suspended until payment for the vehicle is received.
5.5. Relisting & Sale Cancelation Fees: In the event that the full payment(s) for the vehicle(s) is not received within five (5) calendar days, we may, in our sole and exclusive discretion, cancel the sale and relist the vehicle(s). Members shall be responsible for the payment of a Relisting Fee of One Thousand U.S. Dollars and No Cents ($1,000.00) or fifteen percent (15%) of the vehicle sale price, whichever is greater. As well as the Sale Cancellation Fee of Six Hundred U.S. Dollars and No Cents ($600.00). Members are also responsible for the payment of any and all costs and fees, such as collection costs, attorneys’ fees and court costs that may be incurred by SCA. Bidding privileges will be suspended until the Relisting Fee has been received by SCA. Multiple failures to pay and resulting relists shall result in termination of your privileges and suspension of your Account and result in the member being referred to a third party collections services with an additional $100 collections fee added to the existing outstanding fees.
5.6. IAA Auction Fees: All sales are subject to IAA Auction Fees. Prior to placing any bid(s) you are encouraged to review and understand the IAA Auction Fees and Fee Structure of IAA Auctions, as sales will not be canceled based on a lack of knowledge of the applicable IAA Auction Fees or any other applicable Fees.
5.7. Vehicle Storage Fees: In the event that a purchased vehicle is not picked up within two to five (2 - 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 (2-5 days) depends on, and is determined by, the IAA auction facility. It is the members responsibility to know the amount of time allotted by the IAA auction facility before storage fees are charged prior to bidding.
5.8. Vehicle Abandonment: In the event that a vehicle is not removed from an IAA facility within ten (10) days of sale, then said vehicle will be deemed abandoned and you will be considered as to have forfeited all and any rights related to your purchased vehicle. SCA reserves the right to liquidate the vehicle. No money will be compensated from the sale of the sold vehicle. In the event where the total sale price is less than the selling price we reserve the right to bill you for additional fees such as re-sell fees, storage fees, legal fees, collection fees, and any other fees associated with liquidation of the vehicle.
5.9. Documentation Fee: Every transaction will be subject to a nonrefundable Documentation Fee of One Hundred and Fifteen U.S. Dollars and No Cents ($115.00), Two Hundred and Forty-Nine U.S. Dollars and No Cents ($249.00) for Florida based members and One Hundred and Ninety-Nine U.S. Dollars and No Cents ($199.00) for Overseas based members.
5.10. 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. SCA LLC does not provide tax advice, and Member is solely responsible for determining the respective tax liability they owe in their respective state.
5.11. Special Sales Tax Provision for Florida Residents and Florida Sales: Florida residents must pay a State of 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 take a delivery of their purchased vehicles in the state of 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 SCA 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.
5.12. Special Sales Tax Provision for California Residents and California Sales: California residents must pay a State of California sales tax of seven and seventy-five hundredths percent (7.75%) of the vehicle sale price. Sales taxes are collected at the time of sale.
5.13. 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 LLC to initiate debit/credit entries from your bank account or credit/debit card.
5.14. 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.
5.15. “Dry Run” Fee: All fees must be taken care of prior to the pickup of the vehicle by the driver. If SCA attempts to pick up the vehicle from a facility and there are any outstanding fees such as unpaid storage fees, SCA may not pick up the vehicle and charge the buyer a "dry run" fee. The Dry run fee is $250 or 10% of the delivery price, whichever is greater.
5.16. Vehicles Resale fee: Any vehicle sold through SCA will be subject to a vehicle Resale Fee of Six Hundred and Ten U.S. Dollars and No Cents ($610.00). If for any reason SCA needs to cancel a sale, the buyer will be responsible for a Cancellation Fee of Two Hundred and Fifty U.S. Dollars and No Cents ($250.00).
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 SCA LLC are 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, any vehicle is sold without any warranties WHATSOEVER. Removal of the vehicle from the auction facility constitutes that the vehicle has been thoroughly inspected by the member prior to removal. It is the members sole 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.
● Disclaim all liability not just the website, picking up the vehicle, transportation, bidding process, pickup arrangements, storage arrangements, and or any other use of our services
6.2. Non-Liability for Inaccurate Information: SCA LLC expressly disclaims any and all liability related to accuracy and/or inaccuracy or completeness of the information provided via the Website, and Member agrees to hold SCA LLC harmless for any inaccuracy or incomplete information 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. SCA LLC is merely the auctioneer and a marketplace, and the seller is the furnisher of any and All information provided, including information forgeneral information purposes and any information or vehicle description should not be used as the sole basis for making any decision regarding a purchase or bid amount, as Member should thoroughly research and inspect all vehicles independently prior to placing any bid(s).
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. Member hereby agrees to release and hold harmless SCA LLC from any breach and/or violation of the American’s with Disabilities Act (“ADA”) as a condition precedent to use of SCA LLC’s website and creation of an account and/or membership privileges.
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.
7.2. Dispute Resolution; Binding Arbitration: Member, as a condition precedent do use of SCA LLC’s website and ability to bid, hereby waives the right to a jury trial and agrees to submit any dispute involving these Terms and Conditions or the bid or purchase of any vehicle through SCA LLC’s website and platform 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. Member agrees it shall be solely responsible for any arbitration costs, arbitrator fees, and or any other costs associated with the arbitration proceeding regardless of which party initiates the arbitration proceeding. The prevailing party in arbitration shall be entitled to recover their attorney’s fees and costs from the non-prevailing party.
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.