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ING SOLUTIONS LLC
BUYER TERMS AND CONDITIONS
Last updated on:
July 1, 2010
As a registered buyer ("Buyer") through ING
SOLUTIONS LLC («ING SOLUTIONS LLC») you agree to be bound by the
following Buyer Terms and Conditions. ING SOLUTIONS LLC reserves the
right to amend Buyer Terms and Conditions at any time without prior
notice to you.
I. MEMBERSHIP
A. Membership Eligibility.
Membership as a registered Buyer at ING SOLUTIONS LLC is open to
individuals 18 years of age and older. In addition, yard-specific
registration requirements and applicable laws, regulations, and
restrictions may further limit Buyer registration and vehicle purchasing
eligibility. ING SOLUTIONS LLC reserves the right to deny membership
privileges to any individual or entity, in its sole and absolute
discretion.
B. Registration. Buyers must complete the buyer
registration form. For a limited time registration is free. ING
SOLUTIONS LLC reserves the right to increase registration and renewal
fees at any time without notice.
C. Deposit. In order to make Proxy
Bids on vehicle(s) Buyers must have a minimum of 1000.00 USD (the
«Minimum Amount») on deposit with ING SOLUTIONS LLC. The Minimum Amount
shall be sufficient to enable a Buyer to bid up to 6600.00 USD for the
purchase of only ONE vehicle. If a Buyer wishes to bid an amount higher
than the Minimum Amount, the Buyer must submit 100.00 USD for each
additional 660.00 USD of desired bid. If Buyer wishes to make bids more
than ONE vehicle at the time the buyer must pay another Minimum Amount
of 1000.00 USD (the «Minimum Amount») on deposit with ING SOLUTIONS
LLC. Each vehicle(s) the Buyer bidding on must be covered by Minimum
Amount of deposit.
D. Account Activity. Buyers are responsible for
all account activity, including, without limitation, all Proxy Bids
submitted under Buyer's username and password through
http://www.carfrom.us/ («ING SOLUTIONS LLC»). Buyer's account may not
be transferred or assigned to any person or entity. In the event a
Buyer's account, membership I.D., or username and password are used
without authorization, Buyer shall be responsible for all account
activity and charges incurred prior to ING SOLUTIONS LLC's receipt of
written notice from Buyer of the unauthorized activity.
E.
Compliance. Buyers shall comply with all applicable laws, statutes,
ordinances, and regulations regarding their use of ING SOLUTIONS LLC 's
services.
F. Membership Revocation. ING SOLUTIONS LLC reserves the
right to suspend or revoke the membership of a Buyer for any reason, in
its sole and absolute discretion.
G. Release of Liability and
Indemnification. Buyers irrevocably and unconditionally waive and
release their rights (if any) to recover from ING SOLUTIONS LLC or its
Affiliates, its directors, officers, employees, representatives, agents,
subsidiaries, partners, and affiliates any and all damages, losses,
liabilities, costs expenses, or claims therefore, whether direct or
indirect, known or unknown, or foreseen or unforeseen, which may arise
from or be related to bodily injury, property damage, or other
occurrence which occurs on ING SOLUTIONS LLC or its Affiliates
premises. Buyers agree to indemnify, defend, and hold ING SOLUTIONS LLC
or its Affiliates harmless from any and all damages, losses,
liabilities, costs or expenses (including attorneys fees), arising from
claims made by Buyer for bodily injury or property damage occurring on
ING SOLUTIONS LLC or its Affiliates premises. UNDER NO CIRCUMSTANCES,
INCLUDING NEGLIGENCE, WILL ING SOLUTIONS LLC BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM
OR ARE RELATED TO THE SALE, DISTRIBUTION, USE OF, OR INABILITY TO USE,
ANY VEHICLE, EVEN IF ING SOLUTIONS LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
H. Marketing and Promotional Materials.
Buyers agree they have affirmatively requested to receive marketing and
promotional materials via mail, e-mail, and facsimile.
II. SALE
POLICIES
A. Bid Rejection. ING SOLUTIONS LLC reserves the right to
reject or void bids, for any reason, in ING SOLUTIONS LLC's sole and
absolute discretion. Should a dispute arise regarding a bid, ING
SOLUTIONS LLC is the exclusive deciding authority with sole and absolute
discretion in resolving disputes. Buyers agree to indemnify, defend,
and hold ING SOLUTIONS LLC or its Affiliates harmless from any and all
liability arising out of decisions made in resolving disputes.
B.
Sale Cancellation. ING SOLUTIONS LLC may, in its sole and absolute
discretion and with or without notice, postpone or cancel a sale or
withdraw a vehicle from a sale. ING SOLUTIONS LLC will neither have
liability nor obligation to Buyers as a result of any vehicle
withdrawal, or sale cancellation or postponement.
C. Tie Bid Policy.
Virtual Bids prevail over Preliminary Bids of equal amount.
D.
Proxy Bid. ING SOLUTIONS LLC uses Proxy Bid to make the bidding process
easier and more efficient. Simply enter a Proxy Bid representing the
maximum price you are willing to pay for the vehicle(s) and Proxy Bid
will bid on your behalf up to your maximum bid during both the Proxy
Bidding Period and the Virtual Sale. Proxy Bid will only bid one
increment over the current bid to maintain your position as the highest
bidder. This allows you the possibility of purchasing a vehicle below
your maximum bid. If a bidder with a higher maximum bid outbids you
during Proxy Bidding, you will be notified via email.
E. On-Approval
Vehicles. Vehicles sold "On-Approval" will not be released to Buyers
unless and until the seller notifies ING SOLUTIONS LLC of its
acceptance of the high bid. In some instances, it may take up to three
working days, including the day of the sale, for the seller to provide
ING SOLUTIONS LLC notification of high bid acceptance. However, the
majority of "On-Approval" vehicles receive bid acceptance or rejection
within one day.
F. Vehicle and Title Release. ING SOLUTIONS LLC
reserves the right not to release any vehicle or vehicle title for any
reason.
G. Title Types. ING SOLUTIONS LLC does not guarantee title
types.
H. Bids Entered. Once a bid has been submitted, it cannot be
retracted, deleted, or cancelled.
I. Risk of Loss. Buyer takes full
responsibility and assumes all risk of loss for all vehicles purchased
from the time ING SOLUTIONS LLC accepts Buyer’s bid. From and after
acceptance of Buyer’s bid (for vehicles located at a ING SOLUTIONS LLC
or its Affiliates facility) Buyer acknowledges that ING SOLUTIONS LLC
is acting as bailee of Buyer’s vehicle until such time as the vehicle is
removed from ING SOLUTIONS LLC or its Affiliates premises. Buyer
agrees that under the terms of the bailment, (1) ING SOLUTIONS LLC or
Affiliate shall not be responsible for damage to or loss of the vehicle
or parts thereof due to operational procedures in place at all ING
SOLUTIONS LLC or its Affiliates facilities, from acts of theft or
vandalism, or acts of God; and (2) ING SOLUTIONS LLC or its Affiliates
shall not be responsible for any claim of damage, regardless of whether
Buyer, or any person on Buyer’s behalf such as Buyer’s agents,
employees, or representatives, pick up the vehicle. ONCE A VEHICLE IS
REMOVED FROM ING SOLUTIONS LLC OR ITS AFFILIATES PREMISES IT IS
ACCEPTED AS-IS, AND UNDER NO CIRCUMSTANCES WILL ING SOLUTIONS LLC OR
ITS AFFILIATES BE LIABLE FOR SUBSEQUENT CLAIMS OF DAMAGE OR LOSS OF ANY
KIND OR NATURE WHATSOEVER
J. Import/Export Issues. It is the
responsibility of the Buyer to comply with customs import procedures
applicable to foreign title vehicles. Customs inspection, import fees
and proof of emissions compliance may be required.
III. FEES AND
PAYMENTS
A. Payments for Vehicles. All payments for vehicles bought
through ING SOLUTIONS LLC are due within two (2) business days of the
sale date. In the event the payment is not received within the allotted
time, a late payment fee of 100.00 USD will be added to each item
bought. In the event the payment is not received within eight business
days of the sale date, the Buyer shall be considered to have forfeited
its deposit and ING SOLUTIONS LLC shall have the right to relist the
vehicle. Payment for vehicles may be made via money wire, cashier's
check or money order. Payments for vehicles made by PayPal, Google
Checkout or any other merchant system will be not accepted. Acceptance
of company checks is subject to prior approval by the ING SOLUTIONS LLC
Accounting Department. Buyers agree to be personally liable for payment
of any cashier's check, money order, or check that is dishonored. In
the event of a dishonored cashier's check, money order, or check, Buyer
agrees to make payment within two (2) days after receipt of notice from
ING SOLUTIONS LLC of a dishonored check, and to pay ING SOLUTIONS LLC
NSF processing fee, and any and all collection costs including but not
limited to, collection agency fees, and/or attorney's fees and court
costs.
B. Transaction Fee. All vehicles bought through ING
SOLUTIONS LLC are subject to a 300.00 USD transaction fee
for each
item bought.
C. Storage Fee. All vehicles not removed from ING
SOLUTIONS LLC or Affiliate facilities within five (5) business days of
sale are subject to a storage fee of 20.00 USD per day. If a vehicle is
not picked up from ING SOLUTIONS LLC or Affiliate facilities within 20
days of purchase, the vehicle may be removed from the ING SOLUTIONS
LLC or Affiliate facilities to one of ING SOLUTIONS LLC's specialty
storage facilities. The Buyer will be responsible for all towing
charges, as well as any additional storage charges that may accrue.
Buyer will have ten (10) days to pick up the vehicle from ING SOLUTIONS
LLC’s storage facilities. If in that time period the vehicle has not
been picked up, the Buyer will be considered to have forfeited all of
its rights in the vehicle, and the vehicle will become the property of
ING SOLUTIONS LLC.
D. Sales Tax Indemnification. Buyers purchasing
vehicles from ING SOLUTIONS LLC on wholesale, pursuant to a sales tax
exemption certificate, agree to indemnify, defend, and hold ING
SOLUTIONS LLC harmless from any and all sales tax assessments, fines,
penalties, damages, and costs, including attorneys fees, incurred as a
result of a determination by taxing authorities that the transaction was
subject to the payment of sales, use, or excise tax.
E. Re-list
Fees. In the event a vehicle is not paid for within the time specified
by the ING SOLUTIONS LLC, Buyer agrees that ING SOLUTIONS LLC may, in
its sole and absolute discretion, cancel the sale and relist the vehicle
for sale. Buyer agrees to pay ING SOLUTIONS LLC the relist fee of
1000.00 USD or 15% of the sale price, whichever is greater. This fee
will be taken from the Security Deposit paid in advance to ING
SOLUTIONS LLC. Buyers who repeatedly fail to fulfill their obligations
are subject to suspension or revocation of their bidding privileges.
F.
Title Processing Fee. All vehicles bought through ING SOLUTIONS LLC
are subject to a 100.00 USD title processing fee for each item bought.
G.
Title Mailing Fee. All vehicles bought through ING SOLUTIONS LLC are
subject to a 50.00 USD title mailing fee for each item bought.
H.
Auction Buyer Fees. All vehicles bought through ING SOLUTIONS LLC are
subject to Auction buyer fees:
Sale Price:
Fee:
• $.01- $99.00 $35
•
$100.00 - $199.99 $55
• $200.00-$399.99 $95
•
$400.00-$599.99 $125
• $600.00-$799.99 $140
•
$800.00-$999.99 $165
• $1,000.00-$1,199.99 $200
•
$1,200.00-$1,399.99 $225
• $1,400.00-$1,699.99 $245
•
$1,700.00-$1,999.99 $295
• $2,000.00-$2,499.99 $330
•
$2,500.00-$2,999.99 $330
• $3,000.00-$3,999.99 $365
•
$4,000.00-$17,499.99 $365
• $17,500+ 2% of Sales Price
•
Homeowners Items 20% of Sales Price
I. Virtual Bid Fees All
vehicles bought through ING SOLUTIONS LLC are subject to Virtual Bid
Fees, the following fees will apply: a fee of 39.00 USD for sale prices
from 1.00 USD - 999.99 USD, a fee of 50.00 USD for sale prices from
1,000.00 USD - 1,999.99 USD, a fee of 75.00 USD for sales prices of
2,000.00 USD or higher.
J. Gate Fees A $30.00 Gate/Loading fee is
assessed to all vehicles. This fee covers the movement of the vehicle
from ING SOLUTIONS LLC or its Affiliates sale/storage facilities to the
buyer’s loading area. For buyers whom are picking up the vehicle up
with vehicle transporters, this fee covers the time and manpower
required to assist the driver in loading the vehicle onto the truck.
Drivers are 100% responsible for securing their load at all times.
K.
Sales Tax ATTENTION U.S. BUYERS: Sales Tax will be added to your
invoice, except for the buyers who purchase vehicles for export! We
kindly ask you to inform us by email info@carfrom.us if the vehicle
will be for exported or will be registered in the USA. US Buyer how
intend to export vehicles must provide additional paperwork.
The
sale tax rates are collected for following States, all states not in
the list are Tax exempt:
Florida 6%
IV. DISCLAIMERS
A.
Vehicle Condition and History Disclaimer.
ALL VEHICLES ARE SOLD
"AS-IS WHERE-IS"
All vehicles offered for sale through ING SOLUTIONS
LLC are sold "AS-IS WHERE-IS", WITHOUT ANY WARRANTY, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE OR MERCHANTABILITY. The term «Vehicles» shall mean
all items posted for sale on ING SOLUTIONS LLC’s website, including but
not limited to cars, trucks, motorcycles, boats, jet skis, industrial
equipment, homeowners salvage, trailers, RV’s, etc. ING SOLUTIONS LLC
or its Affiliates expressly disclaim the accuracy or completeness of any
and all information provided to Buyers regarding vehicles, whether
provided in written, verbal, or digital image form ("Vehicle
Information"). Vehicle Information provided by ING SOLUTIONS LLC or its
Affiliates and its vehicle suppliers is for convenience only. Buyers
shall not rely on Vehicle Information in deciding whether or how much to
bid on a vehicle purchased through ING SOLUTIONS LLC. Vehicle
Information includes but is not limited to: year, make, model,
condition, ACV, damage amount, damage type, drivability, accessories,
mileage, odometer disclosures, vehicle identification number (e.g.
«VIN», «HIN», and serial number), title, repair cost, repair history,
title history, and total loss history. ING SOLUTIONS LLC expressly
disclaims any and all representations, warranties, and guarantees
regarding vehicles sold through a ING SOLUTIONS LLC or its Affiliates
facility. ING SOLUTIONS LLC does not guarantee that keys are available
for any vehicle sold through a ING SOLUTIONS LLC or its Affiliates
facility, regardless of whether keys are present in online vehicle
images, or were present in the vehicle prior to the time of purchase.
Certain jurisdictions permit vehicles to be sold with missing VIN
plates; as a result, ING SOLUTIONS LLC does not guarantee that vehicles
are equipped with any or all VIN plates. Parts may be missing. ING
SOLUTIONS LLC does not guarantee that vehicles meet or can be modified
to meet local emission and/or safety requirements. It is the sole
responsibility of Buyer to ascertain, confirm, research, inspect, and/or
investigate vehicles and any and all Vehicle Information prior to
bidding on vehicles.
You agree that vehicles through ING SOLUTIONS
LLC or its Affiliates are sold «AS IS» and are not represented as being
in a road worthy condition, mechanically sound, or maintained at any
guaranteed level of quality. The vehicles may not be fit for use as a
means of transportation and may require substantial repairs at my
expense.
B. Registration Laws Disclaimer. ING SOLUTIONS LLC does not
guarantee that any vehicle sold can be legally registered in any state
or country, and Buyer accepts all risks associated with variations in
vehicle title and registration laws between states, provinces, and
countries that may negatively impact the marketability of vehicles
purchased thru ING SOLUTIONS LLC or its Affiliates. (For example, a
vehicle legally purchased on a clean title by a Buyer thru ING
SOLUTIONS LLC or its Affiliates at a ING SOLUTIONS LLC or its
Affiliates facility located in State "A" may be required to be sold on a
salvage title if Buyer transports and resells the vehicle in State
"B".)
V. MISCELLANEOUS
A. Governing Law Jurisdiction. This
Agreement together shall be governed by the laws of the State of Florida
without reference to the principles of conflicts of law. Each party
hereby irrevocably submits to the jurisdiction of the courts of the
State of Florida, sitting in Dade County, and the courts of the United
States for Florida.
B. Severability. If any term or provision of this
Agreement is held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remainder of the terms and provisions set
forth herein shall remain in full force and effect and shall in no way
be affected, impaired or invalidated, and the parties hereto shall use
their best efforts to find and employ an alternative means to achieve
the same or substantially the same result as that contemplated by such
term or provision.
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