Arbitration guidelines
ARBITRATION RULES WHAT IS ARBITRATION?
Arbitration is the referral of a dispute to an impartial person for final and binding determination. We offer an arbitration service to assist Buyers and Sellers in resolving disputes respecting Vehicles purchased at our Auction. Our process is designed to be informal, quick, practical and economical. Our arbitration managers are trained professionals who understand the automotive
business.
WHAT IS SUBJECT TO ARBITRATION?
Arbitration Eligibility
Only undisclosed defects that would cost over $1,500 in parts to repair, calculated using the manufacturer’s standard warranty parts pricing, are eligible for arbitration. Labor is excluded from this threshold. Any defect announced at sale is not arbitrable.Check Engine Light
If a Check Engine Light is on, we disclose it with a photo of the instrument cluster. A disclosed warning light is not arbitrable. Bidders are responsible for inspections and due diligence before bidding and accept the risk of not doing so.Arbitration Scope
Arbitration protects buyers only for an undisclosed, verified catastrophic failure of the engine or the transmission diagnosed by a licensed shop within the arbitration window. Head gaskets follow the separate head-gasket guideline.Non-Arbitrable Items
The following are not subject to arbitration. These are wear, maintenance, cosmetic, convenience, disclosed, or policy-ineligible conditions.- Glass and interiors: windshields and glass, upholstery, headliners, mats, trim.
- Cosmetic body: visible rust, visible body damage.
- Chassis and exhaust: axle and CV joints, ball joints, tie rod ends, driveshafts, catalytic converters.
- Wear and maintenance: springs, shocks, tires, brakes, suspension components, clutch assemblies, cooling system items, heater core, power steering, tune-ups, exhaust issues, oil or coolant leaks, engines with performance modifications, deleted diesel emissions equipment, vehicles presented with a check engine light.
- Steering: rack-and-pinion concerns.
- HVAC: air-conditioning performance and repairs.
- Price and mileage: any vehicle sold for $5,000 or less before fees and taxes; vehicles with over 200,000 km are sold as-is.
- Tow units: sold as-is.
- Compliance labels: federal stickers.
- Specialty categories: boats, motorhomes, antique vehicles, equipment, snowmobiles, motorcycles, unless sold with a written Seller guarantee.
- Engine wear indicators: smoking or blow-by, noisy lifters, similar age-related symptoms. Head gaskets are governed by the separate guideline.
WHEN IS ARBITRATION AVAILABLE?
Scope
These rules apply only to vehicles Jett Auction has deemed safe for transportation. Units sold as Tow Units or otherwise not safe for transportation are sold as-is and are not covered by arbitration.
Arbitration Deadline
The arbitration form, including a licensed mechanic’s written inspection/diagnosis, must be submitted on Jett Auction’s website before close of business on auction day or by end of day the following Tuesday. No exceptions. Claims filed after the deadline are void.
Eligibility and Standing
- Buyer must retain both possession and legal title to the vehicle during the arbitration process.
- Arbitration is available only to Jett Auction’s registered Buyers and Sellers, not to their customers.
- Repairs made without prior written approval from Jett Auction are at the Buyer’s expense and may void arbitration.
- Vehicle condition must be substantially the same as at sale. No parts swapping or alterations.
If Arbitration Is Unavailable
If arbitration is unavailable, the Buyer’s sole remedy is directly against the Seller. Buyer and Seller hereby release and waive all rights, remedies, claims, and causes of action against Jett Auction and its officers, directors, employees, successors, predecessors, subsidiaries, affiliates, and assigns, arising from use of Auction services, including arbitration.
Word of Caution
Arbitration is not a tool for price reduction or buyer’s remorse. Inspect vehicles before bidding and bid accordingly. Used vehicles typically require repairs. The Auction monitors arbitrations and may suspend privileges for repeat misuse or repeated disclosure failures.
Seller Disclosure Requirements
Before sale, the Seller must disclose structural damage, repairs, replacements, or alterations. Recommended declarations:
- Structural Damage: Vehicle has structural damage and or prior structural repairs. Not subject to arbitration under this policy.
- Certified Structural Repairs: Specific structural component repaired and certified within the UVMS. If properly announced, arbitration is limited to improper repair of the declared area, undisclosed damage elsewhere, or failure to meet UVMS.
- Structural Alteration: Frame or unibody altered as announced. Arbitration is limited to undisclosed structural damage beyond the disclosure or improper alteration. Disclose unless plainly obvious: frame lengthened or shortened, suspension altered, aftermarket accessories installed or removed. No disclosure required for a properly installed towing package.
Seller Disclosure Not Required
No declaration is required for insignificant damage or its repair, defined as:
- Transport tie down, improper jacking or lifting, or contact with parking abutments or road debris, provided the vehicle is within UVMS.
- Damage solely to glass or bolt on components.
Undisclosed Structural Damage or Repair
A vehicle may be arbitrated for undisclosed existing or repaired structural damage that should have been disclosed under this policy, even if the vehicle is within UVMS.
Arbitration Period for Structural Issues
- Buyer must file for structural arbitration by end of day Tuesday following Saturday’s auction.
- Upon request, the vehicle must be returned to the selling auction, or to a facility designated by the auction, within 2 calendar days of the filing.
Required Documentation
- Licensed mechanic’s inspection or diagnosis on letterhead, dated, with odometer reading and fault details.
- Photos or scans of the concern and any diagnostic results. Jett Auction may require independent re-inspection.
Buyer’s Reimbursement by Seller
If structural damage was improperly disclosed, the Seller will reimburse the Buyer for:
- The vehicle purchase price
- The Buyer’s fee
- Inspection and arbitration fees incurred at the auction
- Reasonable transportation costs to and from the Auction
Important
Jett Auction reserves the right to interpret and modify these Policies and Arbitration Rules to uphold the spirit of the NAAA Code of Ethics and the integrity of the auction process. These Policies and Rules are implied terms and conditions of every agreement with the Auction or its customers. You are responsible for staying current on changes.
HOW DOES ARBITRATION WORK?
Step 1: Prior to initiating arbitration, it is imperative for the buyer to have completed full payment for the vehicle. Possession of the sales agreement and vehicle relevant is mandatory for arbitration consideration. The auction will exclusively arbitrate the specified item or items outlined in the arbitration claim.
Step 2: To commence arbitration, buyers simply need to fill found on Jett Auction’s website (Make an arbitration claim) and submit it to the Auction’s arbitration department by end of day Tuesday . Failure to do so will result in the claim being considered void with no exceptions.
Step 3: A $199 Arbitration Fee is applicable, and buyers are required to cover the Auction’s Standard Arbitration Fee for the arbitration service and time spent investigation the case.
Step 4: Investigation. The Arbitrator will review only issues raised in the arbitration form. Both the Buyer and the Seller will have an opportunity to explain their position to the Arbitrator. Depending on the nature of the complaint, the Arbitrator may, after listening to both parties, inspect the Vehicle and come to a decision without further consultation. However, in certain circumstances, the Arbitrator may also refer the Vehicle to a specialty shop for consultation. If a specialty shop is consulted, the party against whom the arbitration decision is made must pay all costs of the consultation including transportation or towing fees, if applicable.
Step 5: Decision. After completing the investigation, the Arbitrator will decide whether or not the complaint was valid and inform both parties of the decision.
Step 6: Remedy. The Arbitrator may grant any remedy or relief that the Arbitrator considers to be appropriate in the circumstances. Remedies may include: cancellation of sale and refund of purchase price, partial rebate of purchase price.
Step 7: Finality. The decision of the Arbitrator and the Remedy imposed is final and binding on both parties. By choosing to initiate the Arbitration process, the Buyer is agreeing to be bound by the Arbitrator’s decision. By consigning a Vehicle for sale at the Auction, the Seller is agreeing to participate in any Arbitration process that may be initiated, to be bound by the Arbitrator’s decision and to comply with any Remedy imposed.
Note: If a Seller fails or refuses to comply with the decision of the Arbitrator, the Seller will be held liable for all losses, costs and damages including legal fees and any losses on the resale of the Vehicle. In addition, the Seller’s auction privileges at JETT auction may be temporarily or permanently suspended at the discretion of the Auction’s General Manager