Terms and Conditions

DEFINITIONS

Assets, Goods, Inventory and/or Vehicles – items in the facilities for auction, sale, storage or other disposition or the items placed into the auction and owned by other governments, bodies or persons in Canada or elsewhere, for which they have contracted with Monster AA/12077124 Canada Inc. to dispose of such assets on their behalf, listed on the Monster AA and affiliated web sites:

As-Is, Where-Is -“This vehicle is being SOLD AS-IS “As Is,” unfit, not e-tested and is not represented as being in road worthy condition, mechanically sound or maintained at any guaranteed level of quality. The vehicle may not be fit for use as a means of transportation and may require substantial repairs at the purchaser’s expense. It may not be possible to register the vehicle to be driven in its current condition.”

Assets are sold on an “as-is, where-is, with-all-faults” basis:  Monster AA/12077124 Canada Inc. makes no warranty, express or implied, legal, contractual, verbal or constructed, as to the quantity, kind, quality, character, weight, volume, size, condition or fitness for any purpose or use with respect to the Asset listed on Monster Website.  Asset is purchased solely at the Purchaser’s own risk.  Any mention of a sale item’s condition in the sales listing represents the best assessment of the Monster AA sales representative at the time of listing and is offered FOR GUIDANCE ONLY and is NOT AN ENFORCEABLE condition of sale.

Runs or Drives – engine turned over and fired recently, or the Vehicle moved forward 3 feet on its own power recently. Not tested for reverse. Monster makes no representation that the Vehicle will Run or Drive on any other occasion.

Bid4U –  web-based platform which Bidder may engage to execute programmed bidding per the parameters set by Bidder by declared increments up to a maximum price.  Bidder uses it at his sole responsibility and risk.

Bidder –  party who uses the MONSTER Website to bid and/or buy Goods.  Bidder enters into a contract when it places a bid on a Good on Monster Auto Auction, to be held to Buyer’s terms if, as and when successful as winning bid.

Dollar –  U.S. Dollar. All fees, charges and prices are quoted and payable in U.S.D., unless otherwise specifically stated.

Engine Starts – engine in the Vehicle turns over and is not seized.

Facilities – physical plant belonging to Monster and/or affiliates, including the lots wherein are stored the assets for sale, auction and other disposition.

Guest  – party who uses the MONSTER Website to only view Goods, subject to registration as User under Terms and Conditions.  This is the first level of User.

Inspector –  individual hired by the User to examine the Goods upon which User is bidding.  Inspectors must register with the facility operator and assume all risk in order to gain access.

Jurisdiction – the territory and its governing legislation and regulations. The location of the User, Vehicle and/or licencing jurisdiction may all be in different jurisdictions.

Market Maker – party which buys and sells through the auction on its own account.  MONSTER is a Market Maker for Copart Auctions.  12077124 Canada Inc. is registered as a Dealer in Ontario, Canada.

Minor Dents and Scratches – Vehicle’s components are not pristine and may have suffered varying degrees of damage to components short of destruction.

Monster – Monster Auto Auctions, Monster AA, Monster Auto Brokers, 12077124 Canada Inc., and its contracted affiliates including CoPart Inc.

Monster’s Website or Website – Website maintained by Monster Auto Auctions including, but not limited, to monsterautoauctions.com and crashedtoys.com

Normal Wear and Tear – the degree of deterioration in condition and depreciation in value of the Vehicle and its components are within the range of these matters for a Vehicle of its age, model, type and usage.

Offer to Purchase – any bid submitted by a User on Monster AA;

On approval – the seller has opted to have the ability to approve the final high bid amount that was achieved in the virtual auction

Platform – the Website monsterautoauction.ca, together with all associated entities and systems of any nature which enable the auction to function;

Premier– the party who uses the MONSTER Website to Bid and/or Buy at the top level of User.

Purchaser or Buyer – the party of legal capacity to enter into a contract, who has submitted the highest, compliant Offer to Purchase with respect to the Goods and who agrees to make payment in full for such Goods purchased and to remove such Goods when directed to so do by Monster AA;

Salvage – recovered from destruction.  Goods on MONSTER and affiliated Websites are very often salvage Vehicles, and You acknowledge that no Goods are being sold as road-worthy and may never be, and You further acknowledge that You are responsible for inspection of Goods and for knowing the regulations for being able to acquire, license and transport Goods purchased “as-is, where-is” into Your desired jurisdiction.

User – a party who has completed a valid registration on Monster AA and has agreed to be bound by these Terms and Conditions;

Vehicle – all items posted for sale on MONSTER’s Websites and otherwise offered for sale at MONSTER facilities, including but not limited to cars, trucks, motorcycles, boats, jet skis, snowmobiles, industrial equipment, trailers, RV’s, aircraft, etc.  “Vehicles” also includes miscellaneous salvage items that are posted for sale on MONSTER’s Websites under the heading “Other Goods.”  Vehicle does not mean or include any cargo or items of personal property which may be contained in a Vehicle but are not part of the Vehicle.

You – means the User, Bidder, Buyer and/or Purchaser, and a party contracted to these Terms and Conditions.

USER CODE OF CONDUCT

You agree (1) not to use the Website for illegal purposes, (2) not to interfere or disrupt networks connected to the Website; (3) to abide by all rules, guidelines, terms and conditions as listed in these Terms and Conditions and on the Website; (4) not to transmit through the Website any unlawful, harassing, libelous, threatening, harmful, vulgar, obscene or otherwise objectionable material or communication of any kind of nature; (5) not to collude with others; (6) not to cheat or otherwise alter or tamper with bids, prices, or registration.

INTRODUCTION

SECTION A: MONSTER – CANADA STANDARD TERMS AND CONDITIONS

These terms and conditions govern all items offered for sale by or through Monster’s facilities located in Canada.

DETAILS

As a condition to entering into any transaction through our Website, for any item offered at or through a Monster facility in Canada (including at a live auction conducted by Monster), You agree to be bound by the following Terms and Conditions. Monster reserves the right to amend these Terms and Conditions at any time without prior notice to You. In addition, any terms and conditions printed on Monster sale sheets, any conditions displayed on COPART Websites, the Image and Data License Agreement the Copart Website Terms of Service, and the Copart Privacy Policy  are incorporated into these Terms and Conditions by reference.

These Terms and Conditions affect your legal rights against Monster.  You should read the entire Terms and Conditions carefully before accepting them.  By registering as a User and/or placing a bid in a Monster auction, you represent and warrant to Monster that You have read and understood the Terms and Conditions in their entirety and that You agree to be bound by them in all respects.

Only Users in good standing are permitted to bid on Vehicles. Monster’s auction platform employs a two-step bidding process:

• Step 1 – Preliminary Bidding is an open bidding venue that allows a Bidder to enter bids either at a bidding station at a MONSTER facility (see “Kiosk Preliminary Bidding” below) or over the Internet (see “Internet Preliminary Bidding” below). A Bidder can see the current high bid on a Vehicle during Preliminary Bidding. Bidders enter the maximum price that they are willing to pay for a Vehicle and the BID4U feature will incrementally bid on the Vehicle on the Bidder’s behalf during Preliminary Bidding and, if it is the highest Preliminary Bid at the end of the Preliminary Bidding Period, during the Virtual Sale. The Preliminary Bidding Period ends prior to the start of the Virtual Sale. During the Preliminary Bidding Period, Users may preview the offered Vehicles either online or by a designated agent at the MONSTER facility where the Vehicle is offered and subject to access, safety and liability conditions.

• Step 2 – Virtual Sale is a real-time, Internet only virtual auction. Bidders have the opportunity to bid against each other and the high Bidder from the Preliminary Bidding Period in real time. Bidders enter bids via the Internet in real time, and BID4U submits bids for the high Bidder from the Preliminary Bidding Period, up to the Bidder’s maximum bid. When bidding stops, a countdown is initiated. If a new bid is received during the countdown, the countdown resets. In addition, MONSTER may also, in its sole discretion, extend or reset any countdown.

Bidding Overview

Here are the ways for Users to bid on Vehicles offered for sale on MONSTER’s Websites:

• Kiosk Preliminary Bidding – During the Preliminary Bidding Period, Users may submit Kiosk Preliminary Bids through designated kiosk terminals located in the lobbies of MONSTER facilities. Kiosk Preliminary Bids compete against Internet Preliminary Bids during the Preliminary Bidding Period. One hour after the close of the Preliminary Bidding Period, the Virtual Sale begins. The highest Preliminary Bid (either Kiosk or Internet) at the close of the Preliminary Bidding Period competes against Virtual Bids via BID4U. A Kiosk Preliminary Bid may only be entered for Vehicles being sold at the MONSTER facility where the kiosk is located; a bid placed from one MONSTER facility on a Vehicle located at a different MONSTER facility is treated as an Internet Preliminary Bid. While many MONSTER facilities may also provide Internet access through computer terminals available in the lobby, a bid submitted by logging onto one of MONSTER’s Websites over the Internet will be treated as an Internet Preliminary Bid, not as a Kiosk Preliminary Bid, regardless of whether the User is using a computer located at a MONSTER facility. Only a bid submitted through a designated bidding kiosk will be treated as a Kiosk Preliminary Bid. Users are responsible for requesting instructions from MONSTER staff at the facility if the User has any questions regarding where or how to submit a valid Kiosk Preliminary Bid.

• Internet Preliminary Bidding – During the Preliminary Bidding Period, Users may log onto MONSTER’s Website and submit bids electronically. Internet and Kiosk Preliminary Bids compete as described above. The highest Preliminary Bid (either Kiosk or Internet) at the close of the Preliminary Bidding Period competes against Virtual Bids (see below) via “BID4U” during the Virtual Sale.

• Virtual Bidding – Users may log onto MONSTER’s Websites during a Virtual Sale to submit bids electronically, in real time over the Internet, to compete with the highest Preliminary Bid and other Virtual Bids.

• Registered Broker – Users may sign up with a Registered Broker to bid on Vehicles that they may not qualify to buy directly on MONSTER’s Websites.  When You select a Registered Broker, you will be re-directed to the Broker’s Website to register with the Broker.  If You sign up with a Registered Broker and buy a Vehicle on one of MONSTER’s Websites, You buy the Vehicle from the Broker, not from MONSTER.  Users who elect to sign up with a Registered Broker to bid on a Vehicle offered on MONSTER’s Websites are advised to carefully read and understand the Broker’s Website terms and conditions, including payment terms and conditions, conditions of sale, and fees charged.  Registered Brokers are independent of MONSTER and You should review their qualifications and services offered thoroughly to ensure that they meet Your Vehicle purchasing needs.

• Market Maker – Users may visit a Market Maker to bid on Vehicles at Copart’s Websites.  Market Makers do business from a physical location, where You can search for Vehicles available for purchase at Copart’s Websites.  If You use a Market Maker to buy a Vehicle on one of Copart’s Websites, you are buying the Vehicle from the Market Maker, not from Copart.  Users who elect to use a Market Maker to bid on a Vehicle offered at one of Copart’s Websites are advised to carefully read and understand the Market Maker’s terms and conditions, including payment terms and conditions, conditions of sale, and fees charged.  Market Makers are independent of Copart and You should review their qualifications and services offered thoroughly to ensure that they meet Your Vehicle purchasing needs.  Monster AA as a Dealer may be a Market Maker.

• Sealed Bidding – Users may log onto MONSTER’s Websites to bid on certain Vehicles offered by insurance companies and Vehicle finance companies through MONSTER’s Virtual Internet Exchange (“VIX”) and Sealed Bid Repo Sales.  Both VIX and Sealed Bid Repo Sales use a sealed bid format.  BID4U is not available under this format – bids are accepted at face value.

• Buy It Now – Certain Vehicles are offered for sale with the “Buy It Now” feature.  Buy It Now allows a USER to purchase a Vehicle immediately at a price set by the seller before the Vehicle goes to auction.  Upon clicking the Buy It Now button, the User will be directed to a confirmation page to confirm the User’s Buy It Now bid.  Once the bid is confirmed, the User will be directed to the payment screen.

• Make an Offer – Certain Vehicles are offered for sale with the “Make an Offer” feature. Make an Offer allows a User to make an offer for a Vehicle. Offers submitted by clicking the Make an Offer button cannot be revoked and are valid for 2 business days (not including the day the offer is made) regardless of auction date or results.

• Live Auction Bidding – MONSTER may offer Vehicles for sale through a live auction format. All such Vehicles are also offered for sale on MONSTER’s Websites, with the live auction and Virtual Sale running concurrently.  At the live auction MONSTER will announce Virtual Bids placed on a Vehicle and will enter Live Auction Bids placed by Users present in person at the live auction. Live Auction Bids will be visible to Users viewing the Virtual Sale on MONSTER’s Websites.  MONSTER will have the ability to extend the bidding time for a Vehicle in MONSTER’s sole discretion.

Note: Where permitted by provincial law, sellers may bid on their own Vehicles.

BIDDING FOUNDATION:  25% OF EACH MAX BID

To start Bidding, You must fund Your account with 25% of each maximum bid per Vehicle.  For example:  if You see a car You want, and You want to bid a maximum of $2,000 CAD, You must fund Your pot with a foundation amount of $500 CAD.  Then You start bidding at $100 CAD and bid up to Your chosen limit of $2,000 CAD.

• Registered Guests must register and provide first and last name, email address, phone number and Postal/ZIP Code of residence. Registered Guests have the option to submit their residential address and copies of current government issued photo identification, licences and completed sales tax exemption certificates, if applicable, to be a BIDDER or PREMIER USER.  Registered Guests may search inventory, add Vehicles to a Watchlist and create Vehicle Alerts, but Registered Guests may not bid on or purchase Vehicles unless their USER type is upgraded to either BIDDER or PREMIER.

I. DISCLAIMERS

Vehicle Description and Condition
All Vehicles sold through MONSTER are sold “AS-IS, WHERE-IS, WITH-ALL-FAULTS” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.  

User agrees that MONSTER does not represent that any Vehicle is road worthy, mechanically sound, or maintained.  The Vehicles may not be fit for use as a means of transportation and may require substantial repairs and expense.  Repairing or dismantling Vehicles on MONSTER premises is strictly prohibited.  All Users must arrange to safely and legally and in a timely manner remove purchased Vehicles from MONSTER’s facility prior to undertaking any repairs or dismantling. MONSTER does not guarantee that Vehicles meet or can be modified to meet local emission and/or safety requirements.

MONSTER and its Vehicle sellers expressly DISCLAIM THE ACCURACY OR COMPLETENESS of any and all information provided to Users regarding Vehicles, whether provided in written, verbal, or digital image form (“Vehicle Information”). Vehicle Information provided by MONSTER and its Vehicle sellers is for convenience only. User SHALL NOT RELY on Vehicle Information in deciding whether or how much to bid on a Vehicle offered for sale through MONSTER. Vehicle Information may or may not include and is not limited to: year, make, model, condition, ACV, damage amount, damage type, drivability, accessories, equipment, mileage, odometer disclosures, Vehicle identification number (e.g. “VIN,” “HIN,” or serial number), title, repair cost, repair history, title history and/or total loss history.

No effort has been made to list open recalls applicable to any Vehicles. Any recalls are the sole responsibility of the purchaser and can be found at locations like www.NHTSA.org .

It is the sole responsibility of the User purchasing a Vehicle to report any cargo or personal property found in the Vehicle to a MONSTER representative and/or dispose of any such cargo or contents in accordance with applicable law.

1. Missing parts, keys – MONSTER does not guarantee that keys are available for any Vehicle sold through MONSTER, 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, MONSTER does not guarantee that Vehicles are equipped with any or all VIN plates, nor that they are accurate.  Vehicle parts may be missing or substituted.
2. Registration Laws Disclaimer. MONSTER does not guarantee that any Vehicle sold can be legally transported to and/or registered in any state, territory, province or country. User accepts all risks associated with variations in Vehicle importation, title and registration laws between states, territories, provinces, and countries that may negatively impact the marketability of Vehicles purchased at MONSTER. (For example, a Vehicle legally purchased on a clean title by a User at a MONSTER facility located in Province “A” may be required to be sold on a salvage title if User transports and resells the Vehicle in Province “B”.)
3. DMV/MVD/DOR/MOT/CRA. MONSTER is not responsible for defects, errors, or omissions (i) related to motor vehicle department or department of revenue paperwork not processed by MONSTER or (ii) made by any motor vehicle department, department of revenue or other governmental entity.
4. NMVTIS Reporting Disclaimer. Vehicles listed for sale at MONSTER may have been reported to the National Motor Vehicle Title Information System (“NMVTIS”), and transaction data related to Vehicles purchased at MONSTER may be reported to NMVTIS, in MONSTER’s sole discretion.  Each User accepts all risks associated with purchasing Vehicles at MONSTER resulting from the reporting or non-reporting of the Vehicle or the purchase transaction data to NMVTIS by MONSTER or others. Users may be subject to NMVTIS reporting requirements when purchasing certain Vehicles.  For more information on reporting requirements, exemptions, and how to obtain a NMVTIS Reporting ID, visit www.Vehiclehistory.gov.
5. Disclosure of User Information. Each User expressly agrees that MONSTER may, if and to the extent necessary to comply with applicable law, disclose information regarding MONSTER’s Users and regarding transactions conducted by Users through MONSTER if requested to do so in any judicial or administrative proceeding or by any governmental agency or regulatory authority.
6. “Acts of God”. MONSTER is not liable for any failure to perform in the event of Acts of God, storms, floods, fires, tornadoes, earthquakes, lightning, building collapses, accidents, strikes, power outages, system failure, insurrection, invasion, vandalism, terrorism or any other even beyond MONSTER’S reasonable control or an act of government which impacts MONSTER’S contractual performance.

II. SALE POLICIES

A. Bid Rejection. MONSTER reserves the right to reject or void bids for any reason, in MONSTER’s sole and absolute discretion.  Should a dispute arise regarding a bid, MONSTER is the exclusive deciding authority with sole and absolute discretion in resolving disputes. User agrees to indemnify, defend, and hold MONSTER harmless from any liability arising out of decisions made in resolving disputes.  MONSTER reserves the right to:

1. Reject any or all Bids;
2. Enter into negotiations with Purchasers on any or all aspects of their Bids;
3. Accept any Bid in whole or in part without negotiations;
4. iv.Cancel the Bid solicitation at any time;
5. Re-issue the Bid solicitation.

 We may reject a bid or cancel your User registration where any of the following circumstances is present:

1. You are bankrupt or insolvent;
2.  You commit fraud, misrepresentation or breaches of human rights legislation or any other offense under the Criminal Code of Canada in relation to Your bid, registration, or Vehicle;
3. You have prior breaches of these Terms and Conditions;
4. You have outstanding unsettled accounts or are in default of any payment obligation;
5. You provide false information on your registration.

 B. Sale Cancellation.  MONSTER may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a Vehicle from a sale.  You accept that MONSTER will have no liability or obligation to User as a result of any Vehicle withdrawal, sale cancellation or postponement.  In the event a sale is cancelled after the User has remitted payment, MONSTER will credit the amount of the payment to the User’s account (or to the User’s credit or debit card used to remit payment, if applicable). C. Tie Bid Policy.  Virtual Bids (and, where available, Live Auction Bids) prevail over Preliminary Bids of equal amount. D. BID4U.  MONSTER 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.  BID4U is not available for VIX Vehicles. E. Minimum Bids, Bid to Be Approved, and Counter Bidding.

1. Vehicle will not be released to the User with the high bid unless and until the seller has notified MONSTER of its acceptance of the bid when (a) the seller designates a Vehicle as “Bid to Be Approved” or “On Approval” or (b) the seller designates a Minimum Bid for a Vehicle and the high bid in the auction is less than the Minimum Bid amount. The seller has until 8:00 p.m. (Pacific Time) on the next business day following the day of the auction to notify MONSTER of such acceptance.
2. Counter Bidding allows sellers who have designated a Vehicle as Minimum Bid or Bid To Be Approved to directly counter bid a Bidder after the auction ends.   The User acknowledges and agrees that, regardless of any counter bids made by the seller of a Vehicle, the User’s high bid on a “minimum bid” or “bid to be approved” Vehicle is an offer that shall remain open to acceptance by the seller until 8 p.m. (Pacific Time) on the next business day after the day of the auction.
3. For greater certainty, the Bidder acknowledges that the minimum bid established by MONSTER for the Asset, if any, must not be interpreted as an estimation of the value of the Asset nor as a warranty or a representation that the value of the Asset is equal to or greater than that amount;

F. Appraisals:  MONSTER may seek independent appraisals to assist in establishing fair minimum bids. Appraisers are retained by MONSTER and the appraisal may not reflect the actual value of the Good. Users should seek their own independent appraisals. G. Inspection of Goods:  Inspection prior to submitting an offer is the responsibility of the User and may be arranged by appointment only during regular office hours with the custodian of the Goods at the location(s) indicated on the sale listing. H. Offers to Purchase:  When making an Offer to Purchase, the User acknowledges that it has been provided with full opportunity to inspect the Goods and is fully satisfied with respect to the condition of the Goods.Bids CANNOT BE CANCELLED.  Once an Offer to Purchase is made, You may not withdraw it.  However, You may modify Your Offer to Purchase at any time before the closing date indicated on the listing. After the closing date, the Offer to Purchase cannot be changed and is irrevocable. I. POA: Bidder shall provide MONSTER with a Power of Attorney to execute the necessary documentation to transfer ownership of Goods into Bidder’s name to complete the Purchase transaction, and further authorizes and directs MONSTER to charge the fees to Bidder’s credit card. J. VIX (Virtual Internet Exchange) and Sealed Bid Repo Vehicles:  VIX Vehicles and Sealed Bid Repo Vehicles are still in the seller’s possession at the time of bidding and may only be inspected using the images available on MONSTER’s Websites. The location of the MONSTER facility where the Vehicle and title may be picked up by the high Bidder will appear in the online Vehicle listing.  VIX and Sealed Bid Repo Vehicles are sold “on approval” using a sealed bid auction format.  BID4U is NOT AVAILABLE for these Vehicles.  In the event of a tie between two or more Bidders, the first bid received will be deemed the high Bidder. Once submitted, bids can be increased, but cannot be lowered or revoked. 

1. MONSTER will notify Users whether a bid has been accepted by the seller within three business days after the listed bidding period ends.  Users may also obtain this information by clicking on the “Check Bids” link, the “VIX Action Pending” icon, or the Sealed Bid Repo Action Pending icon within the “User Account” section of MONSTER’s or affiliate’s Websites.
2. If User’s bid has been accepted, the User is obligated to purchase the Vehicle if MONSTER notifies the User within 46 days after bid acceptance that the Vehicle and title are available for pick up.  Following notification, the User will have the number of days allowed by the MONSTER facility where the Vehicle is located to pick up the Vehicle before late-payment and storage fees apply.
3. If MONSTER notifies the User more than 46 days after bid acceptance that the Vehicle and title are available for delivery, the User may at its option either (i) cancel the sale, or (ii) pay for and take delivery of the Vehicle.
4. If prior to the Vehicle being removed from MONSTER premises, it is determined that items have been removed from the Vehicle, that additional damage has occurred since the time the User submitted their bid, and/or there is a title type discrepancy, the User will have the option to purchase the Vehicle at the original price or cancel the sale.  Odometer readings that differ from the listed mileage by less than 2,000 miles (3,320 KM) do not qualify for transaction cancellation.

K. Vehicle and Title Release. MONSTER reserves the right not to release any vehicle or vehicle title for any reason. L. Evaluation Criteria/Acceptance of Offer/Issuing of Invoices:

1. After the closing date for the submission of Offers to Purchase Goods on MONSTER, MONSTER may accept the Offer to Purchase that provides the “best value” to 12077124 Canada Inc., where Best Value is defined by 12077124 Canada Inc. as: best price; acceptance by Bidder of all applicable terms and conditions; and any other rated or mandatory criteria that may be specifically applicable.
2. Acceptance of the successful Offer to Purchase will be communicated by e-mail notification to the winning Bidder following the close of the sale (the “Acceptance of Offer”).   The Acceptance of Offer will include a link to the invoice for the Goods as well as instructions to the Purchaser for payment of the Goods.
3. All sales are final.  No purchased Asset may be returned.  No requests for reimbursement in whole or in part will be accepted.

M. Risk of Loss.  Each User takes full responsibility and assumes all risk of loss for any Vehicle purchased from the time MONSTER accepts the User’s bid.  From and after acceptance of the User’s bid (for Vehicles located at a MONSTER facility), the User acknowledges that MONSTER is acting as bailee of the User’s Vehicle until such time as the Vehicle is removed from MONSTER’s premises by the User or the User’s agent or representative.  The User agrees that under the terms of the bailment: (i) MONSTER shall not be responsible for damage to or loss of the Vehicle or parts thereof due to operational procedures in place at all MONSTER facilities, from acts of theft or vandalism, or acts of God;  (ii) MONSTER shall only be responsible for damage to or loss of the Vehicle or parts thereof caused by the direct willful or grossly negligent act or omission of MONSTER;  and (iii) MONSTER shall not be responsible for any claim of damage made after the Vehicle has left MONSTER’s premises, regardless of whether the User or any agent, employee or other representative on the User’s behalf picks up the Vehicle. The User agrees to comply, and to cause its agents and representatives to comply, with all applicable laws and regulations when removing a Vehicle from a MONSTER facility, including properly loading and securing all Vehicles for safe travel.  MONSTER personnel may load purchased Vehicles for Users upon request;  however, in so doing, MONSTER personnel take no responsibility whatsoever for ensuring that the Vehicles are properly loaded or secured for safe transport.  MONSTER shall in no event be responsible or liable for any damage occurring as a result of unsafe or improper loading or securing of a Vehicle for transport and the User agrees to indemnify, defend, and hold MONSTER harmless from any and all claims, damages, losses, liabilities, obligations, costs and expenses (including legal fees) arising from or related to any failure of the User or the User’s agent or representative to properly load and/or secure a Vehicle for transport. Once a Vehicle is removed from MONSTER’s premises it is accepted AS-IS, and under no circumstances will MONSTER be liable for subsequent claims of damage or loss of any kind or nature whatsoever.  In the event MONSTER is responsible, damages shall be limited to the lesser of (i) the amount of the diminution in value of the Vehicle as reasonably estimated by MONSTER or (ii) the auction sale price (in which case the User shall be responsible to return the Vehicle to MONSTER).  MONSTER may, in its sole discretion, resell the Vehicle at a MONSTER sale, and the difference between the original sale price and the resale price shall be conclusive as to the amount of diminution of value, if any. N. Offsite Sales.  Offsite Sales Vehicles will be available for pick up at the designated MONSTER facility or offsite address indicated.  Standard MONSTER pickup requirements and storage rates apply to Vehicles sold from offsite sale locations.  If the User fails to pick up an offsite Vehicle within six (6) days of sale, the Vehicle may, at MONSTER’s sole discretion, be moved from the offsite sale location to one of MONSTER’s facilities, and if the Vehicle has been moved, the User will be responsible for towing charges from the offsite location to MONSTER’s facility, plus additional handling and storage charges that may accrue from that day onward, for up to 30 days. After the Vehicle has been at MONSTER’s facility for 30 days and the towing and storage charges have not been paid, the Vehicle will be considered abandoned and MONSTER will process the Vehicle according to applicable law. O. Timely Removal of Purchased Vehicles.  Vehicles purchased and not removed from MONSTER parking or loading facilities by 4:45 p.m. (local time at the facility) will be moved to the locked storage area and will only be released upon payment of an additional gate, moving and storage fee if applicable.

1. Failure of Purchaser to remove all the purchased Goods at the specified time in accordance with all applicable terms and conditions will be deemed to be a breach of contractual condition and MONSTER may, at its sole discretion, terminate the contract of sale and retain payment.
2. Removal of the Goods is permitted only after the receipt, by MONSTER, of bank- cleared payment in full.
3. Removal of the Goods must be done at the location following payment or in accordance with the number of removal days identified on the individual sales listing. The Bill of Sale will also display the accurate removal date. The Purchaser must contact MONSTER or their Custodian representative, indicated in the Sale, to schedule the removal of the Goods within the period of time indicated.
4. Packing, loading and removal of the Goods are the sole responsibility of the Purchaser and at the Purchaser’s own expense.
5. The Purchaser must present an Authority to Release document, the Bill of Sale and two valid pieces of government-issued photo identification to the MONSTER/Custodian representative at the time of the removal of the Goods.
6. Notice of Cancellation of a scheduled removal must be given to the MONSTER/Custodian representative at least 24 hours in advance.  Failure by the Purchaser to provide a Notice of Cancellation may result in a financial charge for administrative fees or cancellation of the Purchaser’s account.
7. In a situation where the removal of the Goods is not possible due to MONSTER or Custodian actions or negligence, MONSTER/Custodian representative’s liability shall be limited to a refund of the full purchase price of the Goods.
8. Any damage to the Goods sold, as well as any damage to the property of MONSTER or its affiliate by the Purchaser, during the removal of the Goods, shall be the sole responsibility of the Purchaser.
9. The Purchaser must have the proper material handling and safety equipment and transportation to pick up its items.  If, in the opinion of MONSTER or the custodian, the equipment or methods used to remove the items are deemed unsafe, the custodian may refuse the pickup and withdraw any assistance.
10. The Purchaser may require the assistance of MONSTER for the removal of large items. MONSTER may, at its sole discretion, accept to assist a Purchaser with the removal of an item, in which event Purchaser agrees to fully indemnify MONSTER and hold MONSTER harmless.

III. VEHICLE EXPORTS

MONSTER does not offer international shipping services.  It is the responsibility of the USER to ensure that it has a legal means of transporting the Vehicle after purchase. A. No International Shipping Services In Canada.  Purchaser must arrange shipping for a Good purchased from or through any MONSTER facility in Canada. B. Shipping Referral Program. MONSTER may offer an international shipping services referral program (the “Program”) whereby Users may contract directly with certain freight forwarders to purchase international shipping services for Vehicles purchased in the U.S. from MONSTER.  If a User purchases international shipping services from one of these freight forwarders, then the freight forwarder will act as the Authorised Agent for the Vehicle Export Transaction and the User will abide by Section B above. C. Corruption of Foreign Officials Act, Criminal Code of Canada.  All Users are subject to the provisions of the Corruption of Foreign Officials Act (CFPOA) and the Criminal Code of Canada. Users engaging in Vehicle Export Transactions shall not take actions, or permit actions to be taken on their behalf, which would constitute a violation under the CFPOA or the Criminal Code of Canada. D. Import Requirements.  The User shall act as “importer of record” or other responsible party (as the case may be) of each Vehicle under all import laws of the country of destination and port of discharge and shall be solely responsible for compliance with all import requirements of the country of destination and port of discharge, including the preparation and filing of all required documentation with applicable government authorities, the payment of all import fees, duties, taxes, and any other charges payable upon import of a Vehicle, and any required customs inspection and proof of emissions compliance. You agree that You are providing true, accurate and complete information about Yourself when You register, such as Your name, address, phone number(s), e-mail address and password.  Your personal data are protected under the Privacy Act.  Please review the Privacy Notice Statement.During registration when You click “I agree”, You acknowledge that You have read, understood and accepted the Terms and Conditions of Use and the  Terms of Sale and the  Terms and Conditions of Service; 

IV. USERS

.After registration You will receive e-mail notification providing an activation link to confirm Your registration which will provide You access to Monster AA.  This step is necessary to complete Your registration.  Monster does not warrant the accuracy, or the completeness of the information provided on the Websites or that the Websites will function without error, interruption or failure.  The website or Monster may be discontinued without notice to you. A Bidder may register only one account.  Multiple registrations of User accounts by one Bidder is considered an abuse of the system and may cause immediate cancellation of all repeat registrations, Your original registration, and prohibition from participating in any Monster auctions.Where You have received Notice of Prohibition from participation on Monster, you may be reinstated upon demonstration to the satisfaction of Monster that You will comply with all the Terms and Conditions. Monster AA/12077124 Canada Inc. may amend these Terms and Conditions without notice to registered Users of Monster. Continued use of the service constitutes acceptance of the Terms and Conditions. A. User Eligibility. Where permissible, you may sign up as a User at MONSTER if You are at least 18 years of age and have capacity to contract.  In addition, jurisdiction-specific registration requirements and applicable laws, regulations, and restrictions may further limit User sign up and Vehicle purchasing eligibility.  MONSTER reserves the right to deny User privileges to, or exclude from MONSTER facilities, any individual or entity, in its sole and absolute discretion. B. User Class. Guest Users are free to Register to window shop. To Bid, Users must upgrade to Bidder, Premier, or Premier+. To bid on a Vehicle, you must be a Bidder or Premier User in good standing. 

User Class	Annual Fee	Security Deposit	Bid Foundation	Auctioneer Fee
Free Bidder	0	$750 CAD	n/a	10%
Premium	$150 CAD	$750 CAD	25%	6%

C. Identification. All Users must register and provide scanned copies of two valid, current government-issued photo identifications (front and back), one of which must be a driver’s licence, licences and completed sales tax exemption certificates, if applicable.

 D. Renewal Fees. All Users must be renewed annually by paying an annual non-refundable User renewal fee and submitting copies of all current licences (if applicable), and any information regarding change of ownership or address.  MONSTER reserves the right to increase or decrease registration and renewal fees at any time without prior notice to Users. E. Authorized Bidders/Cardholders. Businesses registered as Premier Users may authorize up to three individuals to submit bids on behalf of the User, including the primary owner. Authorization of more than three individuals to submit bids is subject to MONSTER’s discretion and may require payment of additional fees.  Premier Users are responsible for removing any individual who is no longer authorized to submit bids on behalf of the User from the User account.  The User is liable for all bids placed on its accounts. F. Visitors.  Due to liability and security measures, no visitors are permitted in MONSTER and affiliate facilities.  Inspection of Goods may be by appointment and by a qualified and insured professional agent for Bidder (including during the Preliminary Bidding Period).  Inspector entry may be subject to a fee. G. Account Activity. Users are responsible for all account activity, including, without limitation, all Preliminary Bids and Virtual Bids submitted under the User’s Username and password through MONSTER’s Websites or through terminals located in kiosks at MONSTER facilities. A User’s account may not be transferred or assigned to any other person or entity.  The USER shall promptly notify MONSTER in writing in the event the User’s account, User I.D., or Username and password are used without authorization.  The User shall be responsible for all account activity and charges incurred prior to MONSTER’s acknowledged receipt of written notice from the User of the unauthorized activity. H. Compliance with Law.  Users shall comply with all applicable laws, statutes, ordinances, and regulations regarding their use of MONSTER’s services, including but not limited to laws and regulations regarding the transportation, storage, transfer, resale, dismantling, or retitling of a purchased Vehicle.  All fines, penalties, fees, damages and other amounts assessed by a governmental authority as a result of a User’s failure to so comply (collectively, “Vehicle Fines”), including but not limited to parking citations, toll road violations, tax liens, and impound fees, are the User’s sole responsibility and each USER hereby agrees to indemnify and hold harmless MONSTER from and against all such Vehicle Fines.  MONSTER may assess a processing fee of $150 CAD per item against the User’s account for the receipt and processing of citations, notices, and other legal documents pertaining to Vehicle Fines.  MONSTER further reserves the right to pay upon receipt all Vehicle Fines on the USER’s behalf and to charge the User a fee of up to 150% of the Vehicle Fine amount plus the $150 CAD processing fee, either by deducting such amount from funds held in the User’s MONSTER account or by charge to the User’s credit card or debit to the USER’s chequing account on file with MONSTER.  In addition, failure to comply with applicable laws and regulations, including by the timely payment or other resolution of all outstanding Vehicle Fines relating to a User’s purchased Vehicles, may result in the User’s buying privileges being suspended or revoked by MONSTER. I. MONSTER Facility Rules.  Users and their inspectors visiting MONSTER’s facilities must comply with all facility rules and with the reasonable requests and instructions of MONSTER facility personnel. Users and their agents must not remove any items or property inside or attached to a Vehicle, damage keys or Vehicles. Users and their inspectors shall notify MONSTER immediately of any violations of these Facility Rules.  Users and their representatives visiting MONSTER’s facilities must stay clear of electric fences, gates, buildings and security devices at all times.  Users and their representatives may not bring tools of any kind, including diagnostic code readers or jump boxes to MONSTER facilities. J. Release of Liability and Indemnification. Users and their inspectors irrevocably and unconditionally waive and release their rights (if any) to recover from MONSTER, its directors, officers, employees, representatives, agents, subsidiaries, partners, and affiliates, and Vehicle sellers (“MONSTER Indemnitees”) any and all damages, losses, liabilities, costs, expenses, or claims, 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 loss which occurs on MONSTER premises. Users agree to indemnify, defend, and hold MONSTER Indemnitees harmless from any and all damages, losses, liabilities, costs or expenses (including legal fees) arising from claims made by the User and the User’s inspectors arising from or related to: 1) bodily injury or property damage occurring on MONSTER premises, 2) the User’s failure to comply with applicable laws or regulations, 3) the User’s sale or transfer of Vehicles to third parties, and 4) claims made against MONSTER Indemnitees by the User’s inspectors, visitors, agents, employees, or customers.  UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL MONSTER INDEMNITEES 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 OR OTHER ASSET, EVEN IF MONSTER INDEMNITEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

V. FEES, PAYMENT, AND DELIVERIES

A. Fees.  User agrees to pay the User fee and other fees applicable to each Asset purchased.  The current fee schedules may be accessed by registered Users from the “My Account” page of MONSTER’s Websites.  User fees apply to all items purchased at a MONSTER sale, including miscellaneous salvage items sold as “Other Goods.”  All fees are subject to change without prior notice.  The User is solely responsible for ascertaining applicable fees prior to bidding on a Vehicle. The User is buying at auction, and as such will be responsible for a series of distinct charges and fees as described in “My Account” and itemised on the Invoice.B. Payment.  Payment for Vehicles and fees may be made by wire transfer, cashier’s cheque, or money order {Canada only}.  Subject to MONSTER approval and certain additional requirements and fees, payment may also be made by company cheque, credit or debit card, or electronic funds transfer.  In addition, a total of up to $400 CAD may be paid in cash towards any and all fees due (including Vehicle sales prices), per User per day.  See MONSTER’s Website or contact MONSTER User Services for further information.You agree that any and all payments and transfers of money with MONSTER shall be in Your own name using bank account(s) and credit card(s) or other banking instruments which in turn are also in Your own name and not in an alias, and that your name appears the same in all valid, government issued personal identification which You provide to MONSTER.  You agree to fully indemnify MONSTER in the event of failure of any transaction due to the inconsistency in any of Your official documents of identification provided to MONSTER.

1. Commencing 30 days after the sale date, a finance charge in an amount equal to the greater of 2% per month compounded monthly (24.5% per annum) or the maximum allowed by law will be charged on any unpaid balance until payment in full is received by MONSTER.
2. Users agree to be personally liable for payment of any cashier’s cheque, money order, or cheque that is dishonoured.  In the event of a dishonoured cashier’s cheque, money order, or cheque, the User agrees to make payment within two days after receipt of notice from MONSTER of a dishonoured cheque, and to pay MONSTER’s NSF processing fees, and any and all collection costs including but not limited to, collection agency fees, administrative fees, and/or legal fees and court costs.
3. Any User with an unacceptable number of unpaid invoices, relist fees or NSF cheques will be subject to automatic account suspension and a new security deposit requirement in an amount to be determined by MONSTER in its sole discretion.  MONSTER will retain this deposit as security against unpaid invoices.  MONSTER will return the deposit upon the User’s request if all invoices have been paid and bank-cleared, but the User’s account will remain suspended.  In the event the User fails to pay any invoice and the debt is past due, User agrees MONSTER will use the security deposit to satisfy the debt.
4. Risk of loss passes to the Purchaser upon MONSTER’s receipt of payment in full or in part. Transfer of ownership of the Goods will only occur upon receipt, by MONSTER of bank-cleared payment in full, and removal of goods within stipulated time.

Credit Card Authorisation.  A $10.00 CAD credit card authorization will be charged to a User’s credit card on file after submitting a User’s first bid at any Auction. A User that submits one or more Bids but is not a winning Bidder will not be charged any amount against his credit card and any blocked amount will be released. Credit Card Charge-Back.  User agrees that only User shall use his credit card, is fully authorised to do so, and shall not repudiate the charge(s) incurred in his Bid and Purchase.  User agrees that the declaration of the Vehicle VIN onto the credit card or other instrument constitutes a non-voidable and irrevocable transaction that will constitute vehicular theft if payment fails. Credit Card Merchant’s Fee.  User agrees to pay a surcharge to MONSTER for using a credit card, such surcharge to be equal to the Merchant’s fee charged on MONSTER’s account. Sales Tax.  Sales tax liability for items sold on MONSTER’s Websites is determined based on the physical location of the MONSTER facility where the Vehicle is stored at the time of sale (even if the Vehicle is advertised for sale through a MONSTER facility located in a different taxing jurisdiction).  Users purchasing Vehicles from MONSTER at auction pursuant to a sales tax exemption certificate agree to indemnify, defend, and hold MONSTER harmless from any and all sales tax assessments, fines, penalties, damages, and costs, including attorneys’ and audit 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. 

1.  Relist Fees.  In the event a Vehicle is not paid for within the time specified by the MONSTER facility where the Vehicle was sold, User agrees that MONSTER may, in its sole and absolute discretion, cancel the sale or relist the Vehicle for sale, and the USER shall be responsible to pay a relist fee plus any collection costs, including court costs and reasonable attorney’s fees.  Relist fees may vary by facility.  The User agrees to verify relist fees prior to bidding on Vehicles.

 C. Automatic Deliveries.  Subject to prior approval by MONSTER, Users may arrange for automatic delivery by MONSTER of all Vehicles purchased.  Storage charges and gate fees may be waived for Users set up with automatic domestic delivery.  Gate fees are not waived for automatic international delivery. D. Payment for Vehicles Delivered by MONSTER.  All fees and charges on Vehicles must be paid prior to delivery, if not set up for automatic delivery.  STORAGE FEES WILL BE CHARGED ON ALL VEHICLES ASSIGNED FOR DELIVERY AFTER THE PAYMENT GRACE PERIOD HAS ELAPSED. When a delivery in progress cannot be completed, regardless of the reason, the User will be charged for a dry run both ways, plus storage at prevailing MONSTER rates.  The User must accept the Vehicle when it is scheduled for delivery to avoid dry run and storage charges. E. Priority of Application of Payments. Payments made by a User to MONSTER will be applied in the following order: first towards any unpaid fees (including but not limited to User registration fees, buyer fees, convenience, storage, loading/gate, moving, late payment, relist, and delivery fees), then towards payment of the sale price of any Vehicles purchased by the User.  For example, if a User makes a payment of $2,000 CAD, but has outstanding relist fees of $1,000 CAD, MONSTER shall apply the first $1,000 CAD towards the unpaid relist fees, with the remaining $1,000 CAD applied towards payment for Vehicles.  The User agrees that MONSTER has no duty to release Vehicles or Vehicle titles until all fees are paid in full.Upon winning a Bid, User must pay for all applicable sales tax, Auctioneer’s Fee, unit fee, any release fees at the yard, shipping fees and any customs and brokerage fees as applicable.  (**NOTE:  Premier Users buying more than four Vehicles totalling over $20,000 CAD in 1 year eligible for Auctioneer’s Buy Fee to drop to 4% for all Vehicles over the first 4 in that year.) F. Security Deposits– Bidder and Premier Users.  MONSTER may require payment of a security deposit before a Bidder User may place a bid on a vehicle.  Security deposit requirements may be changed at any time.  Current security deposit requirements may be found at MONSTER.com/security deposit. A Bidder User may request a refund of any unapplied security deposit online by visiting the Account Information page of MONSTER’s Websites.  All refunds are subject to confirmation that the security deposit is not applicable to any open bids or unpaid charges.  All refunds shall be credited to the credit card used to submit the deposit.  In the event the credit card is not valid the refund shall be made by cheque and mailed to the User at the User’s address on file with MONSTER within 30 days of receipt of written request and verification of amount due. MONSTER will collect a $600 CAD security deposit from all Premier User applicants.  MONSTER will return the Premier User security deposit upon the User’s request if all invoices and charges have been paid in full; however, the USER’s account will then be downgraded to Bidder User.  In the event a Premier User fails to pay any invoice and the debt is past due, MONSTER will use the Premier User’s security deposit to satisfy the debt. 

VI. GENERAL

MONSTER’s failure to exercise or delay in exercising any right, power or privilege under these Terms and Conditions shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.Time is of the essence. These User Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario. If any provision of these User Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. YOU AND Monster Auto Auction AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR CONSOLIDATED ACTION. Except where prohibited by applicable law, ANY CLAIM MUST BE COMMENCED WITHIN ONE YEAR after the date on which such claim accrued or be forever barred.  You agree that this limitations period is reasonable due to the nature of the transactions contemplated in this Agreement.These Terms and Conditions constitute the entire and sole agreement between the User and MONSTER with respect to the subject matter hereof. There have been no representations, warranties, or promises given or made that are not set forth in these Terms and Conditions. 

VII. AMENDMENT

Monster Auto Auction may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on monsterautoauction.com.  Such amendment may include modification, addition or removal of terms in these Terms and Conditions.  Your continued access and/or use of the Platform constitutes acceptance of any such amended Terms and Conditions.  Monster Auto Auction may also request that You accept the Terms and Conditions affirmatively through the Platform. 

VIII. AUTHORIZATION

If You create an account or use an account on the Platform on behalf of an entity, you represent and warrant that You are authorized to act on behalf of said entity and bind such entity to these Terms and Conditions. By creating an account or using such an account on the Platform, You understand that Monster Auto Auction is relying on Your representation and warranty by allowing the entity’s participation in Auctions and use of the Platform.The creation of an account by You for or on behalf of any other person is strictly prohibited. The use of any account by a person who is not the owner (or authorised agent, if the account is registered to an entity) of such account is strictly prohibited. Monster Auto Auction may terminate Your ability and/or the account holder’s ability to use the Platform or participate in Auctions, or cancel any Bids placed by You or the account holder (under the same account or otherwise) for violation of the terms and conditions in this section.