DRIVIN TERMS AND CONDITIONS
Effective Date: August 15, 2016
These Terms and Conditions (“Terms and Conditions”), as set forth herein and which may be amended from time to time without notice, shall govern the relationship and become part of any and all dealer transactions hereafter undertaken by, between and among the persons or entities using DRIVIN’s services (“Dealer”) and Carco Technologies, Inc. d/b/a DRIVIN (“DRIVIN”). These Terms and Conditions and any amendments to them will be effective immediately upon posting to DRIVIN’s website. Dealer’s use of DRIVIN’s services will constitute full acceptance of the then current Terms and Conditions.
- Buying Scope and Purpose: DRIVIN uses its proprietary sourcing technology to locate and identify used cars, which may include cars owned by DRIVIN, pursuant to Dealer’s buying requirements, and to negotiate the purchase price of the used cars. DRIVIN provides Dealer with a report of negotiated cars matching Dealer’s requirements and any information obtained by DRIVIN related to the condition of the used car, which may include third party reports or data from such third party reports (“Third Party Reports”). DRIVIN shall not be obligated to research information from third parties nor shall it be responsible for the accuracy of the information contained in the Third Party Reports. In the event Dealer purchases a used car from DRIVIN, DRIVIN shall provide to Dealer for each used car selected by Dealer all sale or purchase order documents, including without limitation a Bill of Sale, an Odometer Statement, and a copy of the front and back of the used car’s title, necessary for Dealer to wholesale purchase the used car (“Purchase Documents”). Purchase Documents, inclusive of these Terms and Conditions, shall apply to all transactions in which Dealer purchases vehicles from DRIVIN and shall govern the rights and obligations between DRIVIN and Dealer.
- Dealer’s Eligibility: Dealer warrants that Dealer is a licensed retail or wholesale auto dealer. Dealer acknowledges that its participation as buyer may be limited by applicable law or the scope of the Dealer’s license.
- Vehicle Availability: DRIVIN will use commercially reasonable efforts to become the legal owner of each used car it offers to Dealer before executing a purchase order or Bill of Sale for Dealer’s purchase of such used car from DRIVIN. Notwithstanding the foregoing, Dealer and DRIVIN mutually agree to void any Bill of Sale and related Purchase Documents where such used car is not available for timely delivery to Dealer due to circumstances beyond DRIVIN’s reasonable ability to control.
- Service Fees: Dealer agrees to pay all service fees and charges included on each Bill of Sale and invoiced to Dealer for services rendered by DRIVIN (“Fees”).
- Payment Terms: Total Payment is the sum of fees and the vehicle purchase price for each used car purchased by Dealer from DRIVIN. Total Payment is due on delivery of the vehicle. DRIVIN will send to Dealer title to the purchased vehicle upon receipt of Total Payment. Acceptable instruments of payment include check, certified check or wire.
Dealer represents and warrants that at the time of issuance and at the time such instrument is or was presented for payment, the account upon which such instrument is drawn contains immediately available funds sufficient for the payment of that instrument. Any instrument withdrawn or returned for non-sufficient funds (“NSF”) must be settled and replaced immediately with cash or certified funds to prevent collection action. Upon return of an NSF, a service fee up to the maximum amount allowed by law will be invoiced and immediately due.
DRIVIN QUALITY GUARANTY AND ARBITRATION POLICY
As part of DRIVIN’s commitment to sourcing, acquiring, and delivering used car inventory to its Dealers, each used car sourced by DRIVIN & purchased by Dealer will:
- Have merchantable and clear title conveyed to Dealer, and
- Be delivered to Dealer in the mechanical and physical condition which substantially conforms to the DRIVIN Purchase Documents and the DRIIVN Condition Disclosure.
In the event that either of the above DRIVIN guarantees are not satisfied, Dealer may pursue their remedy through DRIVIN’s Arbitration Policy, hereafter referred to as the “Policy”.
This Policy provides Dealer’s sole remedies for any dispute regarding a vehicle purchased through DRIVIN.
DRIVIN will evaluate arbitrations based on issues raised in the Dispute Notice and substantiating documentation and, in its sole discretion, determine any remedy which may be afforded to Dealer.
Any failure by Dealer to adhere to the terms contained within the Policy may result in the termination of Dealer’s ability to arbitrate the transaction.
DRIVIN, at its sole discretion and without any prior notice to Dealer, may appoint an Arbitrator to evaluate and determine the outcome of arbitrations it receives. Arbitrator retains all rights vested in DRIVIN to enforce the terms of this Policy.
DRIVIN, at its sole discretion, may amend the Policy without sending notice to Dealer. The amended Policy will be effective immediately upon posting to DRIVIN’s website. The Policy is effective on any transaction that occurs on or after the Effective Date.
For Issues Related to the Purchased Vehicle’s Certificate of Title
Dealer shall notify DRIVN in writing of any “covered” issue regarding the certificate of title within 60 days from the date the buyer receives the title.
- The certificate of title is subject to an undisclosed and enforceable lien at the time of purchase
- The certificate of title is subject to one of the following undisclosed title brands at the time of purchase:
- Salvage, rebuilt/rebuildable, unrebuildable, reconstructed, scrapped/destroyed, junk, lemon, manufacturer buyback or flood/water damage
Issues Not Covered:
Any title brand not listed in the “covered” title brands section of the Policy including but not limited to Theft Recovery, True Mileage Unknown, Odometer Rollback, Livery Use, or Police Use
- Misrepresentations about the type of title brand if a “covered” title brand was disclosed to Dealer in writing at any time prior to the time of purchase
- Outstanding DMV fees
- Clerical and/or assignment errors
For Issues Related to the Condition of the Purchase Vehicle
Eligibility, Requirements, and Processing:
Dealer shall inspect the used car purchased promptly upon delivery. In the event a purchased vehicle does not substantially conform with the Purchase Documents and the DRIVIN Condition Disclosure, Dealer shall give DRIVIN written notice (a “Dispute Notice”) detailing the condition complained of no later than:
- Three (3) business days after delivery if transportation of the vehicle was procured by DRIVIN
- The earlier of three (3) business days after delivery or ten (10) business days from date of sale if transportation was not procured through DRIVIN.
In the event Dealer does not provide a Dispute Notice within the prescribed timeframes above, the Dispute Notice will be declined.
Dealer must not use, repair, or modify the vehicle prior to or during the arbitration.
Vehicle may be arbitrated only once for condition issues, and only issues raised in the Dispute Notice will be evaluated.
Arbitration is available only to purchased vehicles less than eight (8) model years old.
DRIVIN, at its sole discretion, may require Dealer to substantiate claims raised in the Dispute Notice by having an independent third party assess the issues relating to the Dispute Notice. Any costs involved as a result of such a request are the responsibility of the Dealer.
If transportation was not procured by DRIVIN, bills of lading, if requested, must be legible and contain the following:
- Dates of both pickup and delivery
- Signatures from representatives at both the origin and destination of delivery
- Notations of any obvious exterior damage to the vehicle
Any failure of a buyer to provide a bill of lading when requested or if a provided bill of lading does not conform to the above requirements, DRIVIN may decline to honor the Dispute Notice in whole or in part.
- Frame/unibody damage
- Cumulative visual damage with a wholesale repair or replacement cost of $300 or more
- Cumulative mechanical or electrical damage with a wholesale repair or replacement cost of $300 or more
- Prior collision repairs or paintwork affecting two or more body panels (excluding bumpers)
- Aftermarket alterations
- Incorrect trim, features, options, or odometer misrepresentations resulting in a devaluation of $300 or more
- Misrepresented tire tread(maximum reimbursement is $75 per affected tire)
- Missing accessories (key fobs, owner manuals, headphones, etc.)
- The original factory warranty for the vehicle is not in effect for any reason other than age or mileage expiration or termination due to manufacturer policy making warranty non-transferrable to a new owner of the vehicle
- Issues disclosed in writing to Dealer by DRIVIN or Seller at any time prior to the purchase
- Wearable items and routine maintenance (including but not limited to, windshield wipers, brake pads and shoes, rotors, belts, hoses, bulbs, shocks and struts, filters and other items normally identified in the used car’s owner’s manual for routine check and replacement)
- Issues identified in Third Party Reports at the time of purchase
- Issues subject to a manufacturer’s recall campaign
- Issues eligible to be repaired under the manufacturer’s warranty
- Minor cosmetic issues (minor paint chips and scratches)
- Unconfirmed or undiagnosed mechanical issues
- Surface rust or corrosion of structural components not affecting the structural integrity of the vehicle
- Damage that occurred during the transportation of the vehicle or otherwise occurring after the sale
- Undisclosed grey market or previous Canadian vehicles