Buyer Terms and Conditions

Last updated on: January 30, 2015

As a registered buyer ("Buyer") with V&S Brothers, Inc. ("Company") you agree to be bound by the following Buyer Terms and Conditions. Company reserves the right to amend Buyer Terms and Conditions at any time without prior notice to you. In addition, conditions listed on the internet, Terms of Service (“TOS”) and Privacy Policy for Company's website at http://www.vsbrothers.com are incorporated into these Member Terms and Conditions by reference. Company’s website Terms of Service can be viewed at http://vsbrothers.com/pdf/tos.html. Company’s Privacy Policy can be viewed at http://vsbrothers.com/pdf/privacy.html. Unless otherwise stated, all fees are quoted in U.S. Dollars.

BY REGISTERING WITH COMPANY, THE CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT IT IS REGISTERING WITH AND PURCHASING VEHICLES FROM COMPANY AND NOT FROM COPART.

1. MEMBERSHIP

A. Membership Eligibility.

Membership as a registered Buyer with Company is open to individuals 18 years of age and older who can form legally binding contracts under applicable law. Only one membership per person. In addition, yard-specific requirements and applicable laws, regulations, and restrictions may further limit Buyer registration and vehicle purchasing eligibility. Company reserves the right to deny membership privileges to any individual or entity for any reason in its sole and absolute discretion.

B. Registration.

Buyers must complete the buyer registration form at Company’s website and pay the non-refundable registration fee. All fees and prices are listed on Company’s website.

V&S Brothers Auctions Annual Fees

1. Annual Registration. An annual registration, during which Buyers shall have the ability to

browse through Auctions  website and bid on and purchase unlimited number of vehicles for one

year. The annual nonrefundable registration fee is $150.00 Copart and $75 iaai Auto  Auction 

V&S Brothers reserves the right to increase

registration and renewal fees at any time without prior notice.

Buyer’s valid driver’s license, state-issued ID or passport must be included with all registrations.

Buyers must submit a valid copy of their driver’s license or passport at the time of registration to keep the account in active status.  Registration Fees are non‐refundable. Buyer must maintain and update all registration information so that it is accurate, true, current, and complete at all times.

If Company determines that you have provided any information that is untrue, inaccurate, incomplete or not current, or if Company has reasonable grounds to suspect the validity or accuracy of any information you provide, Company reserves the right to suspend or terminate your account and refuse any and all current or future use of the website or any related service.

C. Security Deposit.

Buyer must maintain the security deposit with Company at minimum of $500.00 USD at all times to keep the membership active. The $500.00 USD Security Deposit must be paid in full before Buyer receives a username and password  to bid at auctions. The security deposit enables Buyer to bid up to $5,000.00 USD and be the current high bidder on 1 vehicle at a time. If Buyer wishes to bid an amount higher than the security deposit, Buyer must submit $150.00 USD for each additional $1,000.00 USD of total bid desired. If Buyer wishes to be bid on more than 1 vehicle  at a time, Buyer must submit an additional $500.00 USD security deposit for each vehicle. V&S Brothers will refund the full security deposit upon Buyer’s request via My Account at Company’s website if all invoices have been paid and terms and conditions have been met. Deposit refund request must be submitted only through My Account by selecting the refund option at Company’s website and a confirmation number must be obtained. Verbal or email deposit requests will not be processed. All refunds will be processed back to original form of payment. If security deposit payment was made by wire transfer, the refund will be issued by company check and sent by regular mail. Allow up to 30 business days for all refund processing. Company reserves the right to raise the security deposit amount and form of payment for any Buyer for any reason, in its sole and absolute discretion. The deposit cannot be used to pay for a vehicle either in part or in full. In the event Buyer fails to pay for any invoice and the debt becomes uncollectible, Company will use the security deposit to satisfy the debt.

D. Compliance.

Buyers shall comply with all applicable laws, statutes, ordinances, and regulations regarding their use of Company's services.

E. Membership Cancellation.

Membership with Company may be cancelled at any time if there are no outstanding invoices due and all terms and conditions are met. A membership cancellation request must be submitted online in My Account by selecting the cancellation option at Company’s website and a membership cancellation confirmation number must be obtained. Verbal or email cancellation requests will not be processed.

F. Membership Renewal.

In order to maintain an active membership with the Company, Buyer must pay a non-refundable membership renewal fee of $150.00 USD for the one  year membership as well as have an account in good standing. The renewal is automatic so Buyers that do not wish to continue must cancel the membership before the day of the next scheduled subscription payment. Company reserves the right to modify registration and renewal fees at any time without notice.

G. Account Activity.

Buyers are responsible for all bidding activity, including, without limitation, all Pre Bids and Virtual Bids submitted under Buyer's username and password through http://vsbrothers.com/ or at the auction itself. 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 bidding activity and charges incurred prior to Company's receipt of written notice from Buyer of the unauthorized activity.

H. Membership Revocation.

V&S Brothers reserves the right to suspend or revoke the membership of a Buyer for any reason, at any time in its sole and absolute discretion. Suspension of membership in Company or any place Company utilizes may be applied for any of the following reasons including but not limited to, improper or unprofessional conduct on Company’s website, on any website affiliated with Company, through any electronic format, through any non‐electronic format, non‐payment of contracted agreements, or any other reason Company or its affiliates deem applicable to membership. Further, Buyer agrees that Company will not issue any subscription refund and shall not be liable to the buyer or any third‐party for any termination of the access to the V&S Brothers Website.

I. Release of Liability and Indemnification.

Buyers irrevocably and unconditionally waive and release their rights  to recover from Auctions   and Company, their respective 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 Auctions  or Company’s premises. Buyers agree to indemnify, defend, and hold Auctions  and Company 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 Auction or Company’s premises. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL COMPANY 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 COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Buyers and guests who are California residents 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."

J. Marketing and Promotional Materials.

Buyers agree they have affirmatively requested to receive marketing and promotional materials via mail, e-mail, and facsimile. Unless requested to opt out by written notice.

2. SALE POLICIES

A. Bid Rejection.

Auction  reserves the right to void bids for any reason, in Company’s sole and absolute discretion. Should a dispute arise regarding a bid, Auctions  is the exclusive deciding authority with sole and absolute discretion in resolving disputes. Buyers agree to indemnify, defend, and hold Company and Auctions  harmless from any and all liability arising out of decisions made in resolving disputes.

B. Sale Cancellation.

Auctions  may, in its sole and absolute discretion and with or without notice, postpone or a cancel a sale or withdraw a vehicle from a sale. Company 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 Pre Bids of equal amount.

D. Increment Bidding.

Increment bidding is an option available to Buyers using Preliminary Bidding that authorizes Company to increase an entered maximum bid by one and only one increment in the event a Virtual Bidder ties your entered maximum bid. If your bid is the highest bid, then your bid will NOT be incremented. Example: You checked the increment bid box and bid $5,000. Virtual Sale Bid is currently at $5,000. Your Preliminary Bid is placed next at $5,100 (because you checked the increment bid box). The car sells to you at no more than $5,100 or to Virtual Bidder for $5,200 or more.

E. BID4U

Auctions  uses BID4U to make the bidding process easier and more efficient. Simply enter a Preliminary Bid representing the maximum price you are willing to pay for the vehicle and BID4U will bid on your behalf up to your maximum bid during both the Preliminary Bidding Period and the Virtual Sale. BID4U 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 Preliminary Bidding, you will be notified via email.

F. On-Approval Vehicles.

Vehicles sold "On-Approval" will not be released to Buyers unless and until the auction notifies Company of its acceptance of the high bid. "On-Approval" vehicles receive bid acceptance or rejection by 5:00pm the 2nd business day after the sale.

G. Vehicle and Title Release.

Company reserves the right not to release any vehicle or vehicle title for any reason. All titles will be made out and mailed from Autions  to V&S  Brothers , and then V&S Brothers  will reassign the ownership to the Buyer. Buyer must submit a signed bill of sale and a valid copy of a government issued ID for Company to reassign ownership to Buyer. Under no circumstances will title ownership be assigned to a person or entity different than the Buyer.

H. Vehicle Pickup.

The buyer acknowledges and agrees that if a vehicle is not picked up within ten days from the sale date, even if it is paid in full the vehicle will be considered as abandoned and Company will have right to resell the vehicle. V&S Brothers  and Auctions  reserve the right not to release any vehicle for any reason.

I. Bids Entered.

Once a bid has been submitted, it cannot be retracted, deleted, or cancelled.

J. Risk of Loss.

Buyer takes full responsibility and assumes all risk of loss for all vehicles purchased from the time auction accepts Buyer’s bid. From and after acceptance of Buyer’s bid (for vehicles located at Auctions  Buyer acknowledges that auction is acting as bailee of Buyer’s vehicle until such time as the vehicle is removed from Auctions  premises. Buyer agrees that under the terms of the bailment, (1) V&S Brothers  and Auctions  shall not be responsible for damage to or loss of the vehicle or parts thereof due to operational procedures in place at all Auctions  facilities, from acts of theft or vandalism, or acts of God; and (2) V&S Brothers and Auctions  shall not be responsible for any claim of damage made after the vehicle has left Auctions premises, 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 Auctions  premises it is accepted AS-IS, and under no circumstances will V&S  Brothers or Auctions  be liable for any claims of damage or loss of any kind or nature whatsoever.

K. 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, which buyer is responsible for.

L. Keys

Company will not be head liable for any missing keys before, during, or after the auction occurred. Assume that all vehicles are being purchased without keys. Auctions  is not responsible and does not guarantee keys for any vehicle sold through their facilities. Buyer is solely responsible for all costs incurred in creating a duplicate set of keys.

3. PAYMENTS AND FEES

A. Payments for Vehicles.

All payments for vehicles must be made to Company by wire transfer only and are due by 5:00 pm the next business day of the sale date. Over the counter bank deposits, account to account transfers will not be applied and processing fees may be assessed. Vehicle payment by wire transfer must be received by 5:00 pm the next business day of the sale date. In the event the payment is not received within the allotted time, a late payment fee of $50.00 USD per day will be added to each vehicle bought. In the event the payment is not received within seven business days of the sale date, the Buyer shall be considered to have forfeited its security deposit (see Relist Fees section) and Company shall have the right to relist the vehicle. Buyer becomes the legal owner of the vehicle upon full payment for the vehicle to Company and is responsible for vehicle transfer of ownership including registration in his name. If Buyer fails to transfer ownership and register the vehicle, Buyer will be responsible for any possible future collection costs, including court costs and reasonable attorney's fees that result from failing to complete ownership transfer. CREDIT CARD 4% FEE

B. Transaction Fee.

Buyer agrees to pay Company $200.00 as a transaction fee for each vehicle purchased, awarded and won at the auction due to bidding activity within Buyer’s bidder account. Company reserves the right to modify the transaction fee at any time without notice.

C. Relist Fees.

In the event a vehicle is not paid for within the time specified by Company, Buyer agrees that Company may, in its sole and absolute discretion, cancel the sale, relist the vehicle for sale. Buyer agrees to pay Company the relist fee of $400.00 USD or 10% of the sale price whichever is greater and Company’s transaction fee of $200.00. Relist fee must be paid by wire transfer only. In the event Buyer fails to pay the relist fee by wire transfer this fee will be taken from the Security Deposit paid in advance to Company. Buyer will forfeit the security deposit and be responsible to pay a relist fee price, Company’s transaction fee, plus any collection costs, including court costs and reasonable attorney's fees. Buyer agrees to verify relist fees and relist dates prior to bidding on vehicles. Buyers causing excessive vehicles to be relisted are subject to suspension or revocation of their bidding privileges. Under some circumstances, after a Relist occurs, the auction is able to reverse the Relist. In the event it is possible, Company’s Reverse Relist fee will be applied.

D. Auctions  Fees.

All vehicles bought through Company are subject to Auctions  Fees, as posted on Company’s website. Buyer is responsible for Auctions  fees regardless of Company’s separate service fees.

E. Storage Fees.

All vehicles not removed from Auctions  facilities within seven (7) calendar days of sale including sale day are subject to a storage fee of $20.00 USD per day. If a vehicle is not picked up from Auctions  facilities within ten (10) days of sale date, the vehicle may be removed from the Auctions  facilities to one of Company's facilities. The Buyer will be responsible for all towing charges, as well as any storage charges that may accrue that day onward. Buyer will have ten (10) days to pick up the vehicle from Company’s storage facilities. If in that time period the vehicle has not been picked up and the towing and storage charges have not been paid, the Buyer will be considered to have forfeited all of its rights in the vehicle, and the vehicle will become the property of Company.

F. Unpaid Fees and Priority of Application of Payments.

Payments made by Buyer to Company will be applied in the following order: first towards any unpaid fees (including but not limited to Buyer, convenience, storage, loading/gate, late payment, relist, transaction and delivery fees), then towards payment of any vehicles purchased by Buyer. For example, if Buyer makes a payment of $1,000.00 USD, but has outstanding relist fees of $400 USD, Company shall apply the first $400 towards the unpaid relist fees, with the remaining $600.00 USD applied towards payment for vehicles. Buyer agrees that Company has no duty to release vehicles or vehicle titles until all unpaid fees are paid in full.

G. Dispute Resolution.

Buyer agrees and acknowledges that due to the non-cancelable and irrevocable nature of the transactions contemplated herein, all membership fees, shipping fees and security deposit are non-refundable and no refund will be processed for any reason. The security deposit is refundable if customer has paid all invoices, and the following terms and conditions are met:(i) Buyer has not won the sale specified by the bid placed, (ii) Buyer does not have any current bids, (iii) Buyer specifically requests a Security Deposit refund by choosing the refund option in “My Account” at Company’s website, (iv) the refund request has been verified as valid by Company and Buyer’s account is in good standing with no fees due. Buyer expressly agrees to submit in writing any objection regarding fees to V&S Brothers, Inc. 212-214 Johnson Ave. Newark, NJ 07108. Should Buyer disagree with Company’s decision, Buyer agrees to mediate the dispute before litigation. Buyer agrees to indemnify Company for any financial harm or any losses caused by Buyer’s objections to fees that do not comply with this Agreement. Buyer will be held responsible for the reimbursement of any fees and losses incurred as a result of Buyer’s failure to comply with any provision in these Terms and Agreement. Credit Card Billing Buyer expressly agrees that if Buyer pays by credit card, or demand debit, Buyer shall abide by the following statement: "I hereby authorize Company to initiate debit/credit entries to my bank deposit account or credit card." Buyer authorizes Company to debit outstanding fees from the account linked to Buyer’s original form of payment.

I. Sales Tax Indemnification.

Buyers purchasing vehicles from Company at wholesale pursuant to a sales tax exemption certificate agree to indemnify, defend, and hold Company 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.

4. SHIPPING PROCEDURES

A. Shipping Options.

Buyer may pick up purchased vehicle at his or her own discretion from the Copart facility once payment to Company has been made and received in full. However, Buyer agrees and acknowledges that NO vehicle whatsoever regardless of driving condition or title status may be driven prior to state inspection and or registration. All vehicles must be towed or transported out of Copart. This statement serves as a non-driving affidavit.

B. Shipping Payment.

Buyer agrees to prepay, in advance, the shipping cost and any other fees incurred by the Company, including but not limited to, any loading fee, storage fees, export documentation or a key-service fee. Buyer further agrees that shipping prices and availability of services and/or quotes provided on Company’s website cannot be guaranteed and are subject to change as market prices fluctuate or other unforeseeable conditions or situations may arise. Buyer acknowledges that the Company will use commercially reasonable efforts to have the vehicle picked up from the Auctions facility within 7 calendar days of the purchase date including sale day so that the Buyer does not incur storage charges. However, the Company does not guarantee that this will be possible and in the event that the vehicle pick-up is delayed, Buyer agrees to pay a $20.00 per day storage fee.

C. Shipping Order.

Buyer may place a domestic or international shipping order with the V&S Brothers . V&S Brothers  will act only as the shipper’s shipping agent or shipping broker and assumes no liability for any loss, damage, expense or delay to the vehicles to be delivered. By placing a shipping order Buyer authorizes Company to select and engage drivers, agents and others as required for transporting, storing and delivering the vehicles.

D. Shipping Disclaimer.

Buyer acknowledges and agrees that the Company will use commercially reasonable measures to have the vehicle delivered to the customer's specified location in the same condition as it was on the purchase date and within the specified time. However, should this be not the case, Buyer understands and agrees that he or she may not hold Company responsible or liable for delay of shipment, loss of keys, damages, or the theft of parts or the vehicle. Moreover, Company specifically rejects, with the consent of the Buyer, any responsibility for the vehicle after it has been delivered as to the location where it will be stored. Company will not be responsible for damage or loss of vehicles or part thereof in transit or for any discrepancy between the vehicles delivered and the vehicles purchased at Auctions . Buyer takes full responsibility and understands all risk of loss for all vehicles requested to be shipped on a shipping order.

5. DISCLAIMERS

A. Vehicle Condition and History Disclaimer.

ALL VEHICLES ARE SOLD "AS-IS WHERE-IS"

All vehicles sold/bought through Company are sold/bought "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 Auctions  (purchased through Company), including but not limited to cars, trucks, motorcycles, boats, jet skis, industrial equipment, homeowners salvage, trailers, RV’s, etc. Company and its vehicle suppliers 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 Company 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 offered for sale through Company. 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. Company expressly disclaims any and all representations, warranties, and guarantees regarding vehicles sold through a Auctions  facility. Company does not guarantee that keys are available for any vehicle sold through a Auctions  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, Company does not guarantee that vehicles are equipped with any or all VIN plates. Parts may be missing. Buyer must assume the vehicle(s) are not accurately portrayed in the photographs on Auctions . Buyer is responsible for seeing the vehicle in person and is recommended to do so. Company 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 any and all Vehicle Information prior to buying the vehicle. Buyer agrees that vehicles 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 Buyer's expense.

B. Registration Laws Disclaimer.

Company does not guarantee that any vehicle bought 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 through Company.

C. DMV/MVD/DOR Paperwork Disclaimers.

Company is not responsible for defects, errors, or omissions related to motor vehicle department or department of revenue paperwork not processed by Company, or  made by DMV/MVD/DOR, or  made by title clerk processing, or (titles lost by mail. Duplicate title requests may require additional processing fees which buyer will be responsible for.

6. MISCELLANEOUS

A. Severability.

If any expression 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 must remain in full force and effect and must in no way be affected, impaired or nullified, and the parties hereto shall use their utmost efforts to find and employ an alternative means to obtain the same or essentially the same result as that contemplated by such term or provision.

B. Integration.

This Agreement is the entire and sole agreement of the parties hereto with respect to its subject matter. There have been no representations, warranties, or promises outside of the Terms and Conditions.

YOU AGREE THAT THE LIABILITY OF COMPANY AND OUR ASSOCIATES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY ARISING OUT OF OR OTHERWISE RELATED TO THE WEBSITE AND SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO THE COMPANY FOR USE OF THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT BE APPLICABLE.