A) Start Arbitration Claim. Before starting a Claim, Buyer must pay all amounts owing for the Vehicle including any transportation costs if applicable. Buyer starts an arbitration Claim by submitting appropriate information and documentation online through our arbitration portal. Buyer must submit the following information: Buyer’s Full name, address, city ,telephone number, contact person, Vehicle vin#, Year, Make, Model, Delivery day and kms at delivery; and a description of the issue(s) to be arbitrated.
B) Submit Supporting Documentation. Buyer is required to submit supporting documentation including digital photographs and or video of the defect(s) underlying the Claim, (iii) diagnostic reporting and wholesale (not retail) repair estimates from an independent and reputable source or evidence of an appointment scheduled in order to obtain such repair estimates. Seller has two (2) business days to respond to arbitrator’s inquiries and preliminary findings. If Seller fails to respond within the time limit,
the arbitrator may decide the arbitration claim without further input from Seller.
If the arbitration results in cancellation of the sale or other remedy in favor of Buyer, the Seller is required to reimburse Buyer its transportation costs (if applicable) and cost of obtaining repair estimates. Seller is required to pay any award amount that is determined by the arbitrator to be payable within three (3) business days. If payment is not received within the time limit, Jett Auction reserves the right to assess a late payment charge and/or deduct the award amount from any amounts payable by Jett Auction to Seller.
C). Buyer’s Obligations. Buyer will not use any Vehicle that is subject to an arbitration Claim. Buyer may lose the right to make or continue a Claim if Buyer drives Vehicle other than for test‐driving purposes (not to exceed 250 kms). Buyer must, at its own expense, take reasonable steps to care for, preserve, secure and store the Vehicle until the Vehicle is properly returned. Buyer is not entitled to charge any parking, marshaling or other fees in connection with the Arbitration Claim. Buyer will be charged the
cost of damage repair and/or assessed a penalty fee for any breach of this provision.
D) Arbitration Period. The arbitration period is two (2) business days after the Vehicle is picked up by the buyer. Vehicle History Report Disclosures. Each Vehicle is accompanied by a Vehicle History Report. No arbitration is available for disclosures in a Vehicle History Report that is made available before bidding begins. Please ensure that you review the Vehicle History Report carefully before bidding.
E) Investigation. The Arbitrator will review only issues identified in the initial Claim. The Arbitrator may, but is not required to,consult with the Buyer, Seller or both parties to gain a better understanding of the issue(s) under arbitration. Depending on the issue, the Arbitrator may also seek the advice of mechanics, trained vehicle inspectors or other automotive professionals. When appropriate, the Arbitrator may refer the Vehicle to an external resource such as a specialty shop for consultation.
F) Decision. After completing the investigation, the Arbitrator will decide whether the arbitration Claim is valid. Before deciding what the remedy should be, the Arbitrator may attempt to mediate a resolution between the Buyer and the Seller. If agreement cannot be reached, the Arbitrator will decide the appropriate remedy, if any.
G) Remedies. The Arbitrator has a broad discretion to grant any remedy or relief that he/she considers to be fair and reasonable in the circumstances.The purpose of the arbitration remedy is to ensure that the Buyer is fairly compensated for its loss. In some circumstances, such as where a Disclosure does not affect the value of the particular Vehicle, there may be no loss and thus no remedy. Remedies could involve: cancellation of the sale and refund of the purchase price, reimbursement of costs and/or expenses incurred including transportation costs, partial refund of the purchase price, repair of defect at
Seller’s expense, repair of defect with the costs apportioned between the Buyer and the Seller, no financial or other compensation, or similar remedies.
H) Arbitration Fees and Costs. Jett Auction reserves the right to assess an arbitration Fee against the Buyer and/or Seller. If Jett Auction incurs costs as part of its investigation (e.g. referral to an external resource, towing, transportation, etc.) the Arbitrator, as part of the remedy imposed, will determine liability to pay the costs incurred. Arbitrations that result in the cancellation of a Vehicle sale may be subject to a void Fee at Jett Auctions discretion.
I). Finality. The decision of the Arbitrator and the remedy imposed is final and binding on the Buyer and Seller. By accessing Jett Auctions Arbitration portal, the Buyer and Seller agree to participate in Jett Auctions arbitration process and to observe, perform and be bound by the decision of the Arbitrator. Upon fulfilling the Arbitrator’s decision, the Buyer and Seller are deemed to release each other from all claims and demands in respect of the matters referred to arbitration.
J). Return Process. If the sale is canceled, Buyer and Seller will follow the instructions provided by the Arbitrator regarding arrangements for pick‐up and delivery of the Vehicle. If Vehicle is returned to Jett auctions location, the Vehicle will not be considered returned until it is received, inspected and approved for return by the Jett auctions management team. A returned Vehicle must be in the same or better condition as when it was sold. An excess mileage fee may be assessed against returned Vehicles.