WHAT IS SUBJECT TO ARBITRATION?
- Undisclosed defects that would cost over $1500 excluding labor costs to repair according to manufacturers established warranty standard rates and that ought to have been announced but were not, are subject to arbitration. Any defect that was announced is not subject to arbitration. Engine Light – We Disclose if the engine light is on through a
picture of the Instrument Cluster, (not arbitrate-able) it is the bidder’s responsibility to make any necessary inquiries/investigation and accept the risk of not doing an inspection - THE FOLLOWING ARE NOT SUBJECT TO ARBITRATION
a) Windshields and other glass items
b) Upholstery, headliners, mats and trim
c) Visible rust
d) Visible body damage
e) Axle joints, CV joints, Ball joints, tire rod ends, driveshaft, Cataylac converters
f) Springs, shocks, tires, brakes, suspensions, clutch assemblies and cooling systems, heater core, powersteering, tune- ups, exhaust & oil or coolant leaks
g) Rack-and-pinion steering
h) Air-conditioning
I) Any Vehicle sold for $5000 or less (excluding fees and taxes) (1)(i), (ii) [odometer], (viii) (e)[structural damage],(xiii) [branding], (xx) [re-VIN’d] [ Seller’s obligations])
j) Any engines smoking or blow by, noisy lifters, head gaskets and camshaft exceeding 96,000 kms.
k) Vehicles with over “200,000” kms are sold as is or sold under announcement I.E(1)(i) or (ii) [odometer] of Seller’s Obligations (except where Seller failed to announce I.E.(1) (viii)(e) [structural damage], (xiii) [branding], (xx) [re-VIN’d] under paragraph 1 of Seller’s Obligations) l) Vehicles sold as a “tow unit” [except for Vehicles where the Seller failed to announce I.E.(1) (i), (ii) [odometer], (viii)(e)[structural damage],(xiii) [branding], (xx) [re-VIN’d] [ Seller’s obligations])
m) Federal stickers
n) Boats, motor homes, antique vehicles, equipment, snowmobiles, motorcycles, unless sold with a Seller’s guarantee
WHEN IS ARBITRATION AVAILABLE?
The arbitration form must be completed on Jett Auctions website before the close of business on auction sale day or end of day the following Tuesday with no exceptions. If forms are not submitted by time frame stated Arbitration claim will be voided.
- Arbitration is not available if the Buyer no longer has possession of and title to the Vehicle.
Arbitration is only available to the Auction’s Buyers and Sellers and not to the customers of the
Buyers and Sellers. - If arbitration is not available, the Buyer’s only remedy is against the Seller directly, without the
involvement or intervention of the Auction. The Buyer and the Seller release and waive all
rights, remedies, claims, and causes of action against the Auction, and its present and former
officers, directors and employees, and its successors, predecessors, subsidiaries, affiliates and
assigns from any claim or remedy whatsoever, whether known or unknown, for or by reason of
using the services and facilities of the Auction including but not limited to the Arbitration process
A WORD OF WARNING The arbitration process is not a tool for price reduction or for dealing
with “Buyer’s Remorse”. Buyers are cautioned to avoid impulse buying and to inspect Vehicles
thoroughly before bidding. All used vehicles generally require repairs and Buyers should allow
for this in their bidding. Arbitrations are regularly monitored by the Auction. Sellers who
repeatedly fail to make required announcements or Buyers who repeatedly submit questionable
arbitration claims, may have their Auction privileges temporarily or permanently suspended
III NAAA STRUCTURAL DAMAGE POLICY The following is the National Auto Auction’s Structural Damage Policy which governs all Vehicles. To the extent that there is any inconsistency between the NAAA Policy and the Auction’s policy, the Auction’s Policy governs.
- Seller’s Disclosure Requirements – Seller must disclose structural damage, repairs or replacement as outlined in this policy prior to selling a vehicle at auction. The recommended declarations are: • Structural Damage – The vehicle has structural damage and/or repairs and will not be subject to arbitration under this policy. • Certified Structural Repairs – The vehicle has sustained damage to a specifically identified structural component, which has been repaired, and the vehicle has been certified to be within the Used Vehicle Management Standard (UVMS). The vehicle, if properly announced, may be arbitrated only for improper repair of the designated area, existing damage or repairs to other areas, or failure to be within the UVMS (see par. 3) • Structural Alteration – The vehicle has an altered frame or unibody as specifically announced. The vehicle can be arbitrated only for damage or repairs to structural components other than those disclosed or in the event of improper alteration. Such a disclosure should be made for the following alterations, unless they are clearly obvious by the appearance of the vehicle: -Frame lengthened or shortened. -Suspension altered. -After market accessories installed/removed. -No disclosure is required for a properly installed towing package.
- Seller’s Disclosure Not Required – No declaration will be required for existing insignificant damage or repair thereof. Insignificant damage is defined as: •Damage due to transport tie-down, improper jacking or lifting or contact with parking abutments and/or road debris,
provided that the vehicle is within the UVMS. • Damage solely to glass or bolt-on components. - Undisclosed Structural Damage or Repair – A vehicle may be arbitrated if it has undisclosed existing or repaired damage, which should have been disclosed under this policy, even though the vehicle is within the UVMS.
- Arbitration Period – Buyer must arbitrate improperly disclosed structural damage by end of day Tuesday following Saturdays auction. The vehicle must be returned to the selling auction, or to an auction or facility designated by the auction within 2 calendar days of arbitration.
- Buyer’s Reimbursement by Seller – In the event of improperly disclosed structural damage the Seller will be responsible to reimburse the Buyer for: • The actual price of the vehicle, • The Buyer’s fee, • Inspection and arbitration fees incurred at the auction, and • Reasonable transportation costs actually incurred transporting the vehicle to and from the Buyer’s dealership.
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: An Arbitration Fee is applicable, and buyers are required to cover the Auction’s Standard Arbitration Fee for the arbitration service. In the event that the Arbitrator deems the buyer’s claim as valid, the responsibility for the fee shifts to the seller. The Arbitrator retains the discretion to waive the fee under certain circumstances.
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. The unsuccessful party will be responsible for all costs of the Arbitration. Written decisions are not provided unless specifically requested. The party requesting a written decision may incur an extra fee. This fee is not the responsibility of the unsuccessful party.
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, repair of defect at Seller’s expense, repair of defect at Seller’s partial expense, refund of expenses, etc.
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
