TERMS OF SERVICE
A. USER JUST WANTS TO POKE ABOUT, LOOK AT CARS
USER enters the MONSTER website, and must Register as Guest User to get further in: Name, ZIP/Postal Code, Email address, Year of birth (must be earlier than 2002), set UserName and Password, and agree to Terms and Conditions of Use and Terms of Service. An email validation is sent and you click to enable your account. Then you log in to your new Guest account, and can explore. If you wish to use all filters to quickly find your dream machine, you need to upgrade to Bidder User level.
B. UPGRADE TO BIDDER
When you are ready to start bidding, you must upgrade your Guest User status to Bidder User, or all up to Premier User. These mean you pay an annual User Fee, depending on how much you plan to buy and save, and you transfer in a User Account Deposit and a Bidder Foundation of 20% of what you plan to bid. Here are the details.
C. USER CLASS FEES
Guest: free to register to Use the website to examine the Goods for sale/auction.
Bidder: the second level, $99 per year. See table below. All USD.
Buyer/Premier: the third level, $299 per year. See table below. All USD.
MONSTER is Canadian, but you are buying Goods around the world: all in US $.
D. BIDDING FOUNDATION
To start bidding, you must fund your account with 20% of each maximum bid per vehicle. Example: you see a car you want, and you want to bid a maximum of $2,000. At 20%, this means you must fund your pot with $400. You do more inspection. Then you start bidding at $100 and bid up to your chosen limit of $2,000.
E. WHEN YOU WIN THE VEHICLE
If you win it at $1,600, then you close the purchase by paying the amounts above the $400 base: $1,200 for the purchase price, Government Sales Tax of another 13%, your Auctioneer’s Fee of 6% if User 1 Bidder or 5% if User 2 Premier, the Copart unit fee of $50. Then when your Inspector checks it out, add his fee, and any release fees at the yard and the shipping fees you may incur to get it home. Plus any customs and brokerage if you are crossing a border.
Your means of payment are clear:
- electronic funds transfer is fast, secure and cheap. You simply set MONSTER up as regular bill like your electricity utility. We are set up with most big banks to do this. Or
- cash in USD;
- certified cheque;
- Banker’s draft;
- Postal Money Order;
- Wire Transfer, but you pay the wire fee;
- Debit Card, but you pay the transaction fees; or
- Credit Card, but you pay the merchant’s fee.
- Charge-back prosecuted as Auto-Theft.
Note that all sales are final, and any difficulty in payment, banking or settling is entirely your responsibility, your liability and your risk. You have indemnified MONSTER, and because the vehicle VIN has been enscribed on the credit card transaction, any attempt by you to void or otherwise repudiate the transaction and cause a charge-back will be reported to the police as auto-theft: our vehicle has been taken without payment.
F. CONDITION OF VEHICLE OR GOODS
You agree you have bid upon and bought the Goods “As-Is, Where-Is, With-All-Faults” as a FINAL sale: no returns or cancellations. It is yours, and as soon as your balance owing clears the bank, your Inspector/Agent can fetch it. Only registered Inspectors are permitted into the yard, upon a small entry fee. You agree that MONSTER has advised you to inspect the Goods both before bidding and before delivery and that your failure to do so is entirely your responsibility. You further agree that any terminology used on the website is a non-binding estimate by MONSTER and its affiliates based in good faith upon the original vendor’s representations. Upon delivery and acceptance your Inspector verifies it is the correct unit you bid and bought, he provides the necessary paperwork, and your shipper is admitted into the yard to load and remove it. Here are the details.
G. WHEN YOU TAKE DELIVERY AT THE YARD
You will send your registered Inspector in to inspect the vehicle you have paid, and he or your agent provide the documents to take delivery. These are:
- 2 pieces of valid Government-issued photo Identification, such as Passport, Driver’s Licence, Health Card;
- Release Document;
- Limited Power of Attorney, to enable MONSTER to transfer the ownership into your name for re-registration to release it from the yard;
.
H. WATCH THE DATES AND TIME FRAMES
Sometimes money doesn’t clear the bank as quickly as you want. Sometimes your Inspector, Agent, documents or Shipper don’t meet your deadlines. Plan your steps and people well, have a Plan B, and keep MONSTER informed of any problems. We will do our best to accommodate our valued Users.
For example, if you are fetching 4 vehicles at a time, to fill a shipping container, and one is coming from another near-by yard, schedules don’t always match. Keep us informed.
I. BE VERY MINDFUL OF BUREAUCRACY
You have bought Goods from Monster Auto Auction, on an “As-Is, Where-Is, With-All-Faults” basis. Often these are salvage, branded, or other restricted licence categories, which means the Government has restrictions on re-registering these, if at all. And mind that the jurisdiction in which the vehicle sits for disposition may have different restrictions and definitions from another, including the one in which you reside or the one in which you intend to send it. You are responsible for knowing what these are for your case and vehicle.
J. VOLUME
You may use MONSTER to buy one vehicle, and your dream is fulfilled. Or you may be winning a bid a month for years. It certainly pays to upgrade to Premier as soon as you can to lower your MONSTER rate of commission on each winning bid.
K. INVOICE
A typical invoice:
Sales Tax @ 13% $650
Transfer Title $65
CarFAX Report $35
Inspector $95
Shipping N/A
Storage N/A
Gate Fee N/A
Re-List fee $150
Interest on overdues 1% monthly
L. ADVICE
Any information, guidance, or advice obtained through our Services, including our website and our phone, email, and chat support services, is for informational purposes only. Our customer support team is available to assist you and answer your questions, but they are not mechanics, experts, or otherwise trained or qualified professionals in any vehicle-related field. If you have specific concerns or questions that may require professional advice, you should consult with an appropriately-trained and qualified professional before placing any bid or making any purchase.
M. ONE YEAR
Except where prohibited by applicable law, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, 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.
N. ARBITRATE
You and MONSTER agree that any Claim shall be resolved exclusively through final and binding arbitration, rather than in any court. You and MONSTER agree that each waives any right to a jury trial under this Agreement to Arbitrate. You agree not to file or initiate litigation or any legal action (including arbitration or small claims actions) against MONSTER, or any of MONSTER’s vendors, including Copart, other than as provided in this Agreement. If the event you do file or initiate litigation in violations of this Agreement, no applicable limitations period(s) will be tolled during the pendency of any litigation or action instituted. In the event you file or initiate litigation (including local and or small claims actions), you hereby agree to pay all costs (including but not limited to court fees, attorney’s fees incurred by the Company related to the Company’s efforts to get such litigation or action dismissed and/or transferred arbitration as provided herein.
O. EMISSIONS
You agree that MONSTER does not represent, warrant, or guarantee that any vehicle purchased using our Services currently meets or can be modified, altered, or repaired to meet local emissions or safety laws and requirements. MONSTER does not represent, warrant, or guarantee that any vehicle purchased using our Services has a catalytic converter, or, if present, that it functions.
P. FAULTS
You accept that all vehicles are “AS-IS” and “WHERE-IS” and “WITH ALL FAULTS”.
Q. FAIL OR REFUSE
R. GENERAL RELEASE COPART
You acknowledge and agree that Copart is not a party to this Agreement or to any transaction you enter into using our Services. Accordingly, you hereby release Copart from any and all liability whatsoever for any losses or damages (whether direct or indirect, known or unknown, foreseen or unforeseen, and including attorney fees) arising out of or in any way related to any Claim (as defined in Section 9 (Dispute Resolution)). You further acknowledge and agree that under this general release of Copart, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the scope of this general release to include only those claims that you may know or suspect to exist at the time you agree to this release. Additionally, you hereby agree to pay all reasonable costs and expenses (including court fees, attorney fees, travel expenses, and other related costs and expenses) incurred by Copart (or Copart’s indemnitor) in connection with its efforts to obtain a stay or dismissal of any Claim (as defined in Section 9 (Dispute Resolution)) against Copart pursuant to this general release. For the limited purposes of this general release, you acknowledge and agree that Copart is an intended third-party beneficiary of this Agreement.
S. GENERAL RELEASE MONSTER
You hereby agree that you will be liable to MONSTER for any breach of the Agreement, including but not limited to the items listed below, and you unconditionally release MONSTER from any and all liability whatsoever for any losses or damages (whether direct or indirect, known or unknown, foreseen or unforeseen, and including attorney fees) arising out of or in any way related to any of the Goods or Services provided by or through MONSTER and its affiliates.
T. IN ADDITION TO
Any release, disclaimer, indemnification, or limitation stated elsewhere in this Agreement is in addition to xxx
U. KEYS
We do not represent, warrant, or guarantee that keys are or will be available for any vehicle purchased using our Services, regardless of whether the auction listing indicated the vehicle comes with keys, keys are present in images, or keys were present in the vehicle prior to the time of purchase.
V. LIABILITY LIMIT $500
Regardless of the previous paragraphs, you agree that, to the extent permitted by applicable law, if MONSTER is found liable in any Claim (as defined in Section 9 (Dispute Resolution)), MONSTER’s total liability to you or to any third-party (whether jointly, severally, or individually) shall not exceed the amount of any fees (excluding any Copart Fees, the purchase price of any vehicle, or any other fees charged by any third-party) paid by you to MONSTER related to the transaction or vehicle giving rise to the liability. If no such fees were paid by you to MONSTER, MONSTER’s total liability to you or any third-party (whether jointly, severally, or individually) for any Claim (as defined in Section 9 (Dispute Resolution)) shall not exceed $500 USD.
W. NO CLASS ACTION
YOU AND MONSTER AGREE THAT EACH MAY BRING ANY CLAIM AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MONSTER AGREE OTHERWISE (IN WRITING), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIM AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM. ANY RELIEF AWARDED CANNOT AFFECT OTHER MONSTER USERS.
X. OPT-OUT
YOU MAY CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING MONSTER A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NOT LATER THAN 30 DAYS AFTER THE DATE ON WHICH YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME, AND YOU MUST MAIL THE OPT-OUT NOTICE VIA CERTIFIED OR REGISTERED MAIL, RETURN-RECEIPT REQUESTED, TO: ________________________________________________ .
Y. PAPERWORK
We are not liable or responsible for defects, errors, or omissions (a) related to any paperwork not processed by us, (b) made by any governmental agency or entity, or (c) made by title processing clerk. We are not liable or responsible for titles or ownership documents lost in the mail. Duplicate title or ownership document requests may result in delays and additional processing fees.
Z. TITLE AND REGISTRATION
Due to variations in applicable laws and regulations, a vehicle listed with a “clean” or “clear” or other similar title or ownership document type may have a salvage history. Regardless of whether the title or ownership document type is listed as “clean” or “clear” or does not otherwise indicate a salvage history on the auction listing, the title or ownership document may become a salvage, reconstructed, or an otherwise branded title or ownership document upon registration in your state/province/territory or any other jurisdiction. You agree that MONSTER has no control over this and bears no liability for title problems. (For example, a vehicle legally purchased by you with a clean title in State A may be required to be sold on a salvage title if you transport and register or resell the vehicle in State B).
AA. BILL OF SALE
MONSTER shall prepare and provide a Bill of Sale for delivery of your purchased vehicle. The Bill of Sale is required by regulators to itemise certain elements and MONSTER does its best to comply. In the case of an administrative error, MONSTER will do its best to correct such administrative error and issue a corrected Bill of Sale. You agree to accept such corrected Bill of Sale without further liability to MONSTER other than correcting an administrative, typographical, arithmetic, printing or digital transmission error.
AB. VIN
Certain jurisdictions permit vehicles to be sold with missing VIN plates. As a result, we do not represent, warrant, or guarantee that any vehicles are equipped with any or all VIN plates.
AC. ODOMETER AND AIR BAGS AND RECALLS UNWARRANTED
The vehicles and other Goods are received into MONSTER “As-Is” and “with all Faults” and you agree you are buying on this basis: “As-Is, Where-Is and with all Faults” which includes the state of the odometer and air-bags, present or not. You agree that the true kilometrage is unknown, and that the odometer may have failed or been rolled-back, unknown to MONSTER. You agree that the status of recalls on your subject Goods is unknown. You agree that MONSTER has made no representation whatsoever on status or condition of the vehicle and its parts, present or not, operational or not, deployed or not, including Odometer and Air-Bags, amongst all other components, and you now completely and forever assume full responsibility and liability for the vehicle or other Goods and indemnify MONSTER and its affiliates regarding the vehicle, its title, condition, suitability, road-worthiness, drivability, safety status and compliance with any statute, regulation or other legal matters.
AD. HISTORY OF VEHICLE AND GOODS
You agree that MONSTER does not know the history of Goods made available on its websites and you agree that you assume full responsibility and liability for the Goods regardless of history, and that you have been directed to obtain and examine a vehicle history service such as Car Facts, Car Proof, Auto Check, etc. and that your failure to obtain such constitutes a waiver under OMVIC regulations and you are fully liable for the condition and the history of the Goods and its title, be it clear, salvage or other, and you fully indemnify MONSTER.
AE. INVENTORY
The vehicles listed on our websites may be owned by us, other dealers or private parties. As a result, all items of Vehicle Information are provided by the auction seller (via Copart as the operator of the auction). We do not review nor confirm any of the Vehicle Information. Please be advised that the Vehicle Information may contain inaccuracies, errors and omissions. You agree that MONSTER expressly disclaims all representations, warranties, or guarantees regarding the accuracy or completeness of any Vehicle Information. Vehicle Information is provided for convenience only. We strongly encourage you to inspect any vehicle prior to placing any bid or agreeing to purchase any vehicle or taking delivery.
AF. OWN NAME
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 items of personal identification which you provide to MONSTER, including but not limited to Driver’s Licence, Passport, Health Card, Social Insurance or Social Security Card, Landed Immigrant or Work Permit, Military Service ID, Pilot’s Licence, etc. 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.
AG. LIMITED POWER OF ATTORNEY
You appoint MONSTER as your Attorney to act in your behalf to transfer title into your own name and agree to execute a Limited Power of Attorney as part of your closing documents to enable MONSTER to do this. You agree this Limited Power of Attorney extends to enabling and directing MONSTER to charge your credit card or other account registered with MONSTER for any and all outstanding items detailed on your Bill of Sale or such other item of liability or amount owed by you to MONSTER pursuant to your User Terms and Conditions and these Terms of Service. MONSTER is expressly not permitted to make any charge to which it is not entitled.
AH. VERIFY
You must verify with jurisdiction(s) intended.
AI. WAIVER
MONSTER’S failure or delay in exercising any right or remedy or in requiring the satisfaction of any condition under this Agreement will not operate as a waiver or estoppel of any right, remedy or condition. A waiver made on one occasion is effective only in that instance and only for the purpose that it is given, and is not to be construed as a waiver on any future occasion.
AJ. SIGNATURE
Your electronic signature or acknowledgement or that of any authorised representative, in the form of an email, online click-through or otherwise, of this and any other agreement with MONSTER or with any Customer is enforceable to the same extent as a physical signature.
AK. FORCE MAJEURE
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.