Member Terms and Conditions
(Last updated on: 26th Feb 2024)
1. INTRODUCTION
1.1 You will be deemed to have accepted these Terms and Conditions EITHER (a) when you click “I have read these Terms and Conditions” and when you click “I accept” when you register to become a member (a “Member”) via the website at www.copartmea.com or any other Copart website and/or any other electronic medium that we may provide from time to time (the “Website”), OR (b) when you sign a hard copy of these Terms and Conditions when you register to become a Member in person at any of our facilities in the Kingdom of Bahrain, the Sultanate of Oman, and the United Arab Emirates (“UAE”).
1.2 The Website permitting you to bid on Lots and/or the physical services we provide to facilitate your bidding on Lots collectively provide the services (the “Services”) which we offer to both our sellers who own the vehicles we sell (the “Seller”) and our registered Members who buy the vehicles we sell. Some of the Services are provided by Copart UK Limited (an English company) and/or Copart, Inc. (an American corporation) on our behalf but your contract is with Copart Bahrain Auctions W.L.L., if you reside in the Kingdom of Bahrain, Copart Muscat Auctions L.L.C., if you reside in the Sultanate of Oman or Copart UAE Auctions L.L.C if you reside in the United Arab Emirates.
1.3 Acceptance of these Terms and Conditions by you is an absolute pre-condition of you using our Website and Services. If you do not accept these Terms and Conditions, you will not be permitted to use our Website or Services.
1.4 A “Lot” is a motor vehicle (which shall include without limitation cars, motorcycles, caravans, commercial vehicles, plant, and machinery) that is stored within any of the facilities that Copart uses to offer vehicles for sale at auction.
1.5 You acknowledge that our business is that of selling inter-alia, used, abandoned, recovered stolen, modified, accident-damaged, cancelled, and/or insurance write-off vehicles. YOU EXPRESSLY ACKNOWLEDGE THAT IT IS FAIR AND REASONABLE IN ALL THE CIRCUMSTANCES FOR US TO EXCLUDE, RESTRICT OR LIMIT (AS THE CASE MAY BE) OUR OBLIGATIONS AND LIABILITY TO YOU IN RESPECT OF THE LOTS WE OFFER FOR SALE ON BEHALF OF SELLERS.
1.6 These Terms and Conditions govern (a) your use of our Website and Services and form a binding contract between you and us regarding your use of our Website and Services, and (b) from time to time your purchase of a Lot, which forms a binding contract between you and the Seller of a Lot (who may on occasions be us).
1.7 These Terms and Conditions set out and explain our and a Seller’s responsibilities to you and your responsibilities to us and the Seller. They also include important provisions that restrict and/or limit our liability and the liability of Sellers to you: this is because the Lots we offer for sale at auction are inter-alia, used, abandoned, recovered stolen, modified, accident-damaged, cancelled, and/or insurance write-off vehicles.
1.8 Once you become a registered Member with us, you agree to be bound by these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time without prior notice to you: if we do so, we shall display a notice to this effect on the Website and at our facilities in the Kingdom of Bahrain, the Sultanate of Oman and the United Arab Emirates. A copy of these Terms and Conditions in Arabic is also available on the www.copartmea.com website. Your continued use of the Website and/or the Services after any amendment of these Terms and Conditions shall be deemed to be your express acceptance or acceptance by conduct, of any such amendment.
1.9 In addition, our Terms of Service (“TOS”) - which may be found at Terms-Of-Service and our privacy policy (“Privacy Policy”) – which may be found at Privacy-Policy - are expressly incorporated into these Terms and Conditions by reference.
1.10 These Terms and Conditions do not apply in respect of vehicles offered for sale in the United Kingdom by Copart UK Limited, nor in the United States of America by Copart Inc. To bid on, and buy vehicles from, Copart UK or Copart Inc you will have to register directly with Copart UK or Copart Inc. and agree to their -terms and conditions, the current version of which can always be found on Copart’s in-Country websites.
2. OUR WEBSITE, YOUR INFORMATION AND ACCOUNT SECURITY
2.1 Our Website provides the functionality and one of the methods through which you place bids on Lots. We will provide you with reasonable help you may reasonably require to access the Website, but we cannot accept responsibility if you are unable to do so for any reason. We do not guarantee you access to the Website at any time. We do not guarantee that while you are accessing the Website, your access will be uninterrupted, without delay or interference, secure and/or error free, or operate as set out and anticipated in these Terms and Conditions. Accordingly, we reserve the right at any time to suspend or discontinue the Website and/or Services for any reason without incurring any liability or obligation to you.
2.2 As long as you comply with these Terms and Conditions and the other documents incorporated by reference, we will provide you with such access to the Website and Services as we are able to deliver on the basis set out in these Terms and Conditions. However, we reserve the right in our discretion to terminate or suspend your registration and/or access to the Website or Services without giving any reason.
2.3 When you apply to become a registered Member and during your use of the Website and/or Services, you will provide us with data. We will respect the privacy of such data. We will only collect, use, disclose or process your data in accordance with our Privacy Policy, which you accept by your continued use of the Website or the Services. You must keep your data accurate and up-to-date and promptly send us any new or amended data. We will only share your data with other parties as set out in our Privacy Policy, as provided in these Terms and Conditions, and/or with your prior consent.
2.4 You agree that you will act lawfully, diligently and honestly always when you access and use the Website or Services and will comply with all laws and regulations applicable to your use of the Website or Services. You promise that all the details you supply on registration or at any time thereafter are and will remain true and accurate.
2.5 You agree that you will not interfere with, jeopardise, disrupt, or harm the Website or Services and that you will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in, or provided to you, via the Website or Services.
2.6 You promise to keep your username and password secret. You agree that you are and shall be solely liable for actions taken using your username and password to access the Website or Services, whether taken by you or third parties and/or with or without your consent or knowledge.
2.7 If you believe the confidentiality of your username and/or password has been compromised, you must tell us immediately. We will use our reasonable endeavours to provide you with an alternative username and/or password, although we reserve our absolute discretion to restrict or terminate your use of the Website and Services as set out in these Terms and Conditions.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge and agree that we and/or our licensors own all the intellectual property rights in and relating to our Website and Services and their content. Your use of the Website or Services and their content grants you no rights in relation to our or our licensors’ intellectual property rights.
3.2 Other than for your own personal use and solely in connection with your use of our Website or Services, you may not copy, reproduce, download, publish, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way our Website, Services, or their content, or the computer codes of elements which comprise our Website and Services.
3.3 Other than as set out in this clause 3, you are not permitted to use any of our intellectual property rights without our (and our licensors’) prior written consent.
4. MEMBERSHIP AND REGISTRATION
4.1 Membership as a registered Member with us is open to all individuals aged 18 years or over and of suitable capacity to enter legal contracts who act in the capacity of a trader and not as a consumer. We reserve the right to deny membership to, and/or exclude from our premises or Website, any individual in our absolute discretion. We reserve the right to suspend, revoke or amend your membership in our absolute discretion.
4.2 If you wish to become a registered Member you must (a) complete our registration form, (b) pay a non-refundable membership fee and (c) lodge with us a security deposit. Your membership with us must be reviewed and renewed annually by paying our annual membership fee and providing information regarding any changes to your details. We reserve the right to increase our registration, administration, and/or annual membership fees at any time without notice, though we will place such information at our branches. Your use of our Website or Services thereafter will be deemed to be your express acceptance and/or acceptance by conduct of such fee increases. We also reserve the right to waive these fees at any time as a standard offering or special promotion.
4.3 Subject to your application for initial membership and/or renewal being successful and subject to us not suspending or revoking such membership, your membership will expire after 12 months, starting from the date of Membership activation.
4.4 If you apply to become a Trade Member you hereby warrant to us that:
i) You are not listed in any governmental or regulatory sanctions list;
ii) You have not previously been a Trade Member or had your membership with any Copart company suspended or terminated, other than due to the natural expiry of the term of your membership;
iii) You do not owe us (or any of our subsidiaries) any money;
iv) You hold all necessary licences, permits or other applicable standards for the country in which you are resident and/or trading to enable you to purchase and deal with any vehicles bought through our auctions;
v) You do and will comply with all applicable laws, regulations and best practices of, subject to the auction you participate in, the Sultanate of Oman, the Kingdom of Bahrain and the United Arab Emirates. and the country to which you may export any vehicle bought at our auction).
4.5 Unless prohibited by law, your guests aged 16 years or older are allowed to enter our premises when accompanied by you. Guest passes are subject to a fee where applicable and as notified at our premises or on our Website. Guests must always display their pass while on our premises and abide by our site rules. Guests are not permitted to bid for Lots.
5. RELEASE OF LIABILITY AND INDEMNITY
5.1 So far as permitted by law, you and your guests irrevocably and unconditionally waive and release your/their rights (if any) to recover from us, our directors, officers, employees, representatives, agents, subsidiaries, partners, affiliates or suppliers, any and all damages, losses, liabilities, costs, expenses or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) that may arise from, or be related to, property damage or any other event which occurs on or at any of our premises or the Website.
5.2 So far as permitted by law, you agree to indemnify and keep indemnified, defend and hold us harmless from any and all damages, losses, liabilities, costs, expenses (including legal fees, disbursements, and any applicable taxes) or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) made by you or your guests arising from or related to property damage, or any other event that occurs on or at any of our premises or the Website.
5.3 So far as permitted by law you agree to indemnify and keep indemnified, defend and hold us harmless in respect of any liability to taxation, duty, charge or levy in the nature of taxation (including all penalties, charges, costs and interest relating to any of them), past, present or future, wherever imposed, that we suffer as a direct or indirect consequence of your use of the Website and/or Services.
5.4 Under no circumstances (including negligence) will we be liable for any special, incidental or consequential damages or loss of profits that result from, or are related to, the sale, distribution, use of, or inability to use, any Lot even if we had been previously or subsequently advised of the possibility of such damages or losses. As a Member, you agree that the provisions of this clause 5 are fair and reasonable in all the circumstances.
5.5 We do not guarantee or warrant in any way that any Lot we sell, and you purchase, can be legally registered, or re-registered, in any jurisdiction and you accept all risks associated with any variations in title or registration laws (if any) between jurisdictions that may adversely impact upon the marketability or roadworthiness of Lots you purchase. This is expressly because the Lots we offer for sale at auction are, inter-alia, used, abandoned, recovered stolen, modified, accident-damaged, cancelled, and/or insurance write-off vehicles.
5.6 We are not responsible or liable for any losses you sustain arising out of, or in connection with, any defects, errors or omissions in any paperwork issued by any government department, executive agency or other authority of competent jurisdiction.
5.7 It is your sole responsibility to comply with all import and/or export procedures, inspections, fees, proof of emissions or any other requirements that may apply to your purchase.
6. BIDDING OVERVIEW
6.1 Apart from those Lots offered under clauses 13 (“Buy It Now”) and/or 14 (“Make An Offer”) there are two ways by which you can bid for Lots (please note only Members with an ‘active’ status can place bids):
6.1.1 “Preliminary Bidding” – Members may submit “Preliminary Bids” up until the point at which the Lot is 2 lots away from being on the auction block (the “Preliminary Bidding Period”). The highest preliminary bid received by us competes against Virtual Bids via “BID4U” during the Virtual Sale.
6.1.2 “Virtual Bidding” – you may log on to our Website during a Virtual Sale to submit bids electronically (a “Virtual Bid”) in real time over the Internet to compete with the highest Preliminary Bid and other Virtual Bids.
6.2 You may preview the Lots we are advertising for sale at the premises at which they are stored during our normal business hours up until the close of business on the day of the auction in which the Lot is to be offered for sale.
6.3 We use the BID4U bidding system to make the bidding process easier and more efficient for you. You simply enter a Preliminary Bid representing the maximum price you are willing to pay for a Lot 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 up to the maximum bid you have said you are willing to pay. This allows you the possibility of purchasing a Lot below your maximum bid. If a bidder with a higher maximum bid outbids you during the Preliminary Bidding Period, we will notify you.
6.4 Increment bidding is an option available to you during the Preliminary Bidding Period that authorizes us to increase your entered maximum bid by one (and only one) increment if a Virtual Bid ties your entered maximum bid. If your bid is the highest, then your bid will not be incremented in this way. For this purpose, you appoint us to be your proxy bidder in accordance with these Terms and Conditions. (By way of example, you select the increment bid box and bid AED10,000. The Virtual Bid is currently at AED10,000 (a tie with your bid). Because you selected the increment bid box, your Preliminary Bid is incremented to AED10,100. The Lot sells to you at no more than AED10,100 or to the Virtual Bidder for AED10,200 or more.)
6.5 Once you have submitted a bid, it cannot be retracted, deleted or cancelled under any circumstances.
6.6 Virtual Bids prevail over Preliminary Bids of an equal amount.
6.7 Each instruction, transmission, display and receipt in relation to Preliminary Bidding and Virtual Bidding shall be deemed to have been carried out in the country where the vehicle is located.
8 SALES, POLICIES AND PROCEDURES
8.1 Except for those Lots offered through our “Buy It Now” and/or “Make An Offer” programmes (see clauses 13 and 14), Lots may be in one of three categories: condition subsequent sales (“On Approval Sales”), subject to a reserve price (“Minimum Sales”) and sales not in the above two categories (“Pure Sales”).
8.2 Unless we are the owner of a Lot, our status and role is that of agent for the Seller of the relevant Lot. In such circumstances we provide you with the opportunity and a venue to participate in a sale conducted under these Terms and Conditions.
8.3 A bid you place will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the Lot that was the subject matter of your bid in relation to Pure Sales. A Contract of Sale will only be concluded in relation to Minimum Sales if the reserve price has been met or exceeded. A Contract of Sale will be concluded in relation to On Approval Sales when the Seller accepts your bid. In each case, the Contract of Sale will be between you as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the Lot sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.
8.4 We shall act as sole arbiters in all disputes and matters arising out of or in connection with any pre-sale, auction or post-sale matters, including (without limitation) bidding for, withdrawing or altering the sale order of any Lot, refusing bids from you, or the cancellation of any Contract of Sale made at or during any sale and our decision (for which no reason may be given) shall be final.
8.5 Without giving any reason and in our absolute discretion we may refuse to accept any bid or regulate the bidding as we see fit. We may remove, restrict, or withdraw any Lot being offered for sale at any time before any Contract of Sale is concluded.
8.6 In addition, we may cancel any concluded Contract of Sale in our absolute discretion. If we cancel any concluded Contract of Sale, neither you nor the Seller shall be entitled to rely upon any Contract of Sale for any purpose, though you shall be entitled to the return of any deposit or part of the purchase price you have already paid.
8.7 You agree to indemnify, keep us indemnified, defend, and hold us harmless from all liability arising out of our decisions made in connection with resolving disputes, withdrawing Lots from sale, refusing to accept bids and/or cancelling concluded Contracts of Sale.
8.8 We reserve the right not to release any Lot prior to, during or after any sale for whatever reason in our absolute discretion.
8.9 You will not receive such right and title as we or the Seller has/have to or over any Lot on which you have successfully bid and entered into a concluded Contract of Sale unless and until we receive cleared funds from you in full payment of all sums, fees and other monies due from you in respect of that Lot. You will still, however, be legally committed to purchase that Lot and we and/or our Seller will not be obliged to transfer such right and title as we or they have to you until full payment has been made, subject to our right to cancel a concluded Contract of Sale and these Terms and Conditions.
8.10 You assume full responsibility for, and all risk passes to you in respect of, any Lot you have purchased from us/a Seller from the time the Contract of Sale is concluded between you and us/the Seller (as the case may be). You agree to indemnify, keep us indemnified, defend and hold us harmless against all losses, damages or other harm arising out of or in connection with any damage (howsoever caused) to any Lot you have agreed to purchase.
9. DISCLAIMERS
9.1 ALL LOTS WE OFFER FOR SALE ARE SOLD “AS IS WHERE IS”. “AS IS WHERE IS” SALES ARE SALES WITHOUT ANY EXPRESS OR IMPLIED WARRANTY (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF SATISFACTORY QUALITY). We expressly disclaim the accuracy or completeness of any and/or all information provided to you regarding Lots whether provided in written, verbal or digital image form (“Lot Information”). Lot Information is provided for convenience only. You agree that you will not rely on Lot Information in deciding whether or how much to bid on any Lot. Lot Information includes without limitation: year, make, model, condition, damage amount, damage type, roadworthiness, drivability, accessories, mileage, odometer readings, vehicle identification numbers, regional specification, title, repairs needed, repair cost, repair history, title history, service history and total loss history. We expressly disclaim all representations (whether written or verbal), warranties and guarantees regarding the Lots we offer for sale. We do not guarantee that keys are available for any vehicles sold through us, regardless of whether keys are present in online images or are present in the vehicle during any pre-purchase inspection. The Lots we offer for sale may be missing components or parts. We do not guarantee that vehicles meet or can be modified to meet local emission or safety requirements. In the case of electric or hybrid electric vehicles we make no representation nor offer any warranty that the batteries are included (or the right to use the batteries) within the sale. You may not acquire ownership or the right to use relevant battery packs and you should satisfy yourself of this prior to bidding. IT IS YOUR SOLE RESPONSIBILITY TO ASCERTAIN, , RESEARCH, AFFIRM, VALIDATE INSPECT AND/OR INVESTIGATE TO YOUR SATISFACTION THE LOTS WE OFFER FOR SALE AND ANY AND ALL LOT INFORMATION PRIOR TO DECIDING WHETHER AND HOW MUCH YOU WISH TO BID ON ANY LOT. YOU EXPRESSLY RELEASE COPART BAHRAIN AUCTIONS WLL, COPART MUSCAT AUCTIONS LLC, AND COPART UAE AUCTIONS LLC FROM ALL LIABILITY IN RESPECT OF ANY LOT INFORMATION PROVIDED IN THE COURSE OF PROVIDING THE SERVICES.
9.2 YOU AGREE THAT ALL LOTS ARE SOLD “AS IS, WHERE IS” AND ARE NOT REPRESENTED TO BE IN A ROADWORTHY CONDITION, MECHANICALLY SOUND OR MAINTAINED AT ANY LEVEL OF QUALITY WHATSOEVER. THE LOTS MAY NOT BE FIT FOR PURPOSE AS A MEANS OF TRANSPORTATION OR FOR ANY OTHER PURPOSE AND MAY REQUIRE SUBSTANTIAL REPAIRS AT YOUR EXPENSE. THE LOTS MAY NOT BE OF SATISFACTORY QUALITY, TAKING INTO ACCOUNT ALL CONSIDERATIONS, INCLUDING WITHOUT LIMITATION THE PRICE YOU PAY FOR ANY LOT WE OFFER FOR SALE. You acknowledge and agree that we have excluded our liability in respect of terms that would otherwise have been implied into the Contract of Sale to the fullest extent permitted by law, including without limitation any terms relating to Lots complying with their description and/or being fit for a particular purpose.
9.3 GIVEN THE NATURE OF OUR BUSINESS, THE NATURE OF THE LOTS WE OFFER FOR SALE, YOU ACKNOWLEDGE AND AGREE THAT IT IS FAIR AND REASONABLE IN ALL THE CIRCUMSTANCES FOR US TO RELY UPON THE RESTRICTIONS, LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY SET OUT IN CLAUSES 8 and 9. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR WEBSITE AND SERVICES AND YOUR BIDDING FOR AND/OR PURCHASE OF LOTS IS EXPRESSLY ON THE BASIS THAT THESE TERMS AND CONDITIONS HAVE BEEN READ AND UNDERSTOOD BY YOU, AND THAT YOU ACCEPT IN THE CIRCUMSTANCES THEY ARE FAIR AND REASONABLE.
10. HAZARDOUS WASTE
10.1 If you purchase Lots that may be considered “hazardous waste” it is your sole responsibility to ensure that you are aware of and fully compliant with any legislative requirements that may affect your purchase and/or transportation of such vehicles, whether within the country where the vehicle is located or abroad (if you intend to export such Lots). It is your sole responsibility to ensure that the receiving country (and any intermediate country through which you transport such a Lot) will allow the entry of hazardous waste, and that you comply in full with all local laws of the receiving (and each intermediate) country.
10.2 You promise that you (or any agent you appoint or third party you instruct to collect hazardous waste from our premises on your behalf) possess any necessary licences to carry out such activities.
11.0 FEES, PAYMENTS, AND DELIVERIES
11.1 The buyer’s premium, member, convenience, storage, loading, late payment, relist, delivery, guest, or other fees (“Fees”) applicable at each of our facilities may vary by location and are subject to change without notice. Current Fees are displayed at our premises and/or on our Website. You are solely responsible for ascertaining the Fees applicable to each of our facilities and the Fees (if any) applicable to each purchase.
11.2 Unless expressly stated to the contrary by us in writing, upon the conclusion of a Contract of Sale you become liable to pay the purchase price for the Lot you have purchased and as stated in your bid (the “Price”) and any other Fees due in respect of that Lot. You may not solicit any third party to settle any invoice or pay any monies owing to us on your behalf. We shall be entitled to refuse to accept payment from anyone other than you in respect of any amounts owing to us by you.
11.3 We must receive the Price and all Fees due under a Contract of Sale in cleared funds (paid by such method as from time to time we have agreed to accept) within two business days of conclusion of that Contract of Sale (“Date of Sale”). As at the date of these Terms and Conditions you may pay by electronic bank transfer, cheque, or cash (though we may apply limits from time to time on the maximum cash sum we will accept from you on any business day).
11.4 Where you have not made payment in accordance with clause 11.3 above, you agree that we may, in our absolute discretion, cancel the Contract of Sale and/or offer the relevant Lot for re-sale without notice to you. In such case, you agree to pay the relevant relist fee in force at the time. If you cause an excessive number of Lots to be relisted, we may suspend or revoke your membership in our absolute discretion.
11.5 Such right and title as we or the Seller has to each Lot you purchase will transfer to you absolutely when we receive the Price and all applicable Fees in cleared funds, subject always to our right to cancel any Contract of Sale and negate such title transfer in accordance with these Terms and Conditions.
11.6 You may collect each Lot you have purchased on or after the Date of Sale, though we will release it to you only when we have received full payment in cleared funds of all sums due in respect of that Lot. When you collect Lots from us, you agree to always comply with our safe working procedures and site rules in force from time
to time and to hold us harmless for any loss or injury sustained because of your failure to do so.
11.7 You agree that if a vehicle you purchase is (a) in an unroadworthy condition, or (b) otherwise cannot be used lawfully on the road, or (c) does not have a valid insurance certificate or any other certificate required by law, then you shall not use that vehicle on the public highway and you shall not remove it (or cause it to be removed) from our premises under its own power.
11.8 Our and/or the Seller’s liability in respect of each Lot you purchase ends upon the transfer to you of such right and title as we have (or the Seller has), and you are on risk for all risks from the moment of the concluded Contract of Sale for the purchase of each Lot. If so required by law you must register yourself as the owner/keeper of each vehicle you purchase from us or complete a statutory off-road notification. All fixed penalty notices and/or other legal demands, fees and charges relating to each vehicle you purchase will be your sole responsibility from the Date of Sale of that vehicle. If you fail to carry out any of these requirements we may suspend or revoke your membership in our absolute discretion.
11.9 Any Lot remaining uncollected on our premises shall be at your absolute risk from the Date of Sale and we accept no responsibility for any loss or damage howsoever caused to such Lot from the Date of Sale.
11.10 If a Lot remains uncollected (and/or that we have been unable to deliver) on our premises seven calendar days after the Date of Sale, then you shall pay to us a storage fee for each day or part day thereafter. Where either a storage fee has been incurred, or you owe us relist fees or money in respect of any other liability to us (irrespective of how long the Lot has been stored), we will not release that Lot until you pay us the storage fee and/or any other relist fees and outstanding sums in full in cleared funds. You agree that we may keep possession of such a Lot pending payment of all outstanding sums and you acknowledge and accept that we may have a lien (whether contractual, general or specific) over that Lot for this purpose. You agree that we may, at our discretion, and after 30 gregorian calendar days, initiate an abandonment process, with or without further notice to you. In the event of abandonment, we shall remain fully entitled to collect storage costs, relist fees and any other outstanding sums owed to us by you.
12. MISCELLANEOUS PROVISIONS
12.1 You agree that you shall not contact the previous owner of a Lot, unless we have given you written confirmation that such previous owner is the Seller of such Lot and unless we have authorised you to contact such Seller or their client.
12.2 You agree not to assign, transfer or novate your rights or obligations under these Terms and Conditions or in respect of any Lot you purchase. We may do so where we have a reasonable reason.
12.3 We shall have no liability to you for any delay to performance (and the time for performance shall be and is extended accordingly) if that delay is due to circumstances beyond our reasonable control. If we grant you an indulgence on the performance of any obligation under these Terms and Conditions, such indulgence shall not constitute a waiver of any of our rights.
12.4 These Terms and Conditions contain the entire agreement between (a) you and us regarding your use of our Website and Services and your purchase of any Lot pursuant to them, and (b) you and the Seller of any Lot you purchase through our Website or Services. No representation of our employees, officers or agents shall represent an addition or amendment to these Terms and Conditions unless the same has been set out in writing and signed by one of our directors.
12.5 The jurisdiction and governing laws of the Kingdom of Bahrain (if you are contracting, by buying a Vehicle from Copart Bahrain Auction W.L.L.), or the Sultanate of Oman (if you are contracting, by buying a vehicle from Copart Muscat Auctions L.L.C.) or the United Arab Emirates (if you are contracting, by buying a vehicle from Copart UAE Auctions L.L.C.) will govern these Terms and Conditions, the purchase of any Lot through our Services, and any Contract of Sale concluded in accordance with these Terms and Conditions. You irrevocably submit to the exclusive jurisdiction of the courts of the Kingdom of Bahrain, the Sultanate of Oman or the United Arab Emirates (as determined by the Copart entity with which you have contracted and following the convention set out above for the governing law) in respect of any disputes arising from the same.
12.6 No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of these Terms and Conditions.
12.7 In our discretion we may serve any notice on you by SMS, email, fax or mail. In the case of notices sent by email or fax, you will be deemed served at the time and date of successful transmission; in relation to notice by mail you will be deemed served five business days after posting.
12.8 No person other than you has any rights under these Terms and Conditions or may enforce any terms of these Terms and Conditions.
12.9 Unless otherwise stated, all Prices, Fees and other sums are quoted and payable in the local currency of the Copart entity from which you have purchased the Lot. It is your responsibility to determine if any local taxes, and their prevailing rates, are applicable.
12.10 As part of the registration process you agree to receive such marketing and promotional materials via mail, SMS, email and/or fax as we may deem appropriate to send you in connection with our Services.
12.11 We may at any time, without notice to you, set off any liability you owe us against any liability we owe you, whether any such liability is present or future, liquidated or unliquidated, under these Terms and Conditions or not, and irrespective of the currency of its denomination. If the liabilities to be set off are expressed in different currencies, we may convert either liability at a market rate of exchange for the purpose of set-off. If you have (or we reasonably believe you have or relate to) more than one account with us, we may use a positive balance in one of your accounts in set-off against any negative balance on another account. Any exercise by us of our rights under this clause 12.11 shall be without prejudice to any other rights or remedies available to us under these Terms and Conditions or otherwise.
12.12 You must pay all amounts due under these Terms and Conditions in full without any deduction or withholding and you shall not be entitled to claim set-off or to counterclaim against us in relation to the payment of the whole or part of any such amount.
12.13 Although we may provide a translated copy of these Terms and Conditions in Arabic, this is for your convenience and information only. In the case of conflict between the English and Arabic versions of these Terms and Conditions, the prevailing version of these Terms and Conditions will be the English version. All our Internet auctions are conducted in English.
13. “BUY IT NOW” SALES
13.1 We may offer some Lots for purchase outside our usual auction through your use of our “Buy It Now” facility. These Terms and Conditions shall apply to all Buy It Now sales, with the provisions of this clause 13 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.
13.2 When you place a Buy It Now order to purchase a Lot, that order represents your offer to purchase the relevant Lot at the advertised price. Your offer is only accepted when we send e-mail confirmation to you that we have accepted your offer (the “Offer Acceptance E-mail”). Acceptance will be complete at the time we send the Offer Acceptance E-mail to you.
13.3 We will not be held responsible if, for any reason outside our reasonable control, either your offer and/or the Offer Acceptance E-mail does not reach its intended destination or is delayed.
13.4 CONSUMER PROTECTION LAWS DO NOT APPLY TO BUY IT NOW PURCHASES AND ALL IMPLIED TERMS (STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL BUY IT NOW SALES ARE FINAL – RETURNS ARE NOT ACCEPTED – AND ARE MADE ON AN “AS IS, WHERE IS” BASIS. IT IS YOUR SOLE RESPONSIBILITY TO MAKE ALL NECESSARY ENQUIRIES AND INSPECTIONS TO SATISFY YOURSELF AS TO A LOT’S STATUS, CONDITION AND HISTORY BEFORE MAKING A BUY IT NOW OFFER. THE PROVISIONS OF CLAUSE 9 APPLY IN FULL TO BUY IT NOW PURCHASES.
13.5 Unless stated otherwise, all Buy It Now prices are exclusive of our Fees. Payment terms for Buy It Now purchases are the same as for auction purchases and are set out in clause 11.
13.6 We may at our discretion cancel your Buy It Now order, either before or after acceptance. If we cancel your Buy It Now order after you have made payment in respect of that order, we will refund the sums you have already paid.
14. “MAKE AN OFFER” SALES
14.1 We may offer some Lots for purchase outside our usual auction using our “Make An Offer” facility. These Terms and Conditions shall apply to all Make An Offer sales, with the provisions of this clause 14 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions.
14.2 When you use our Make An Offer facility to place a bid on a Lot, that offer represents your offer to purchase the relevant Lot at the price you state. Your offer is only accepted when we send e-mail confirmation to you that we have accepted your offer (the “Offer Acceptance E-mail”). Acceptance will be complete at the time we send the Offer Acceptance E-mail to you.
14.3 We will not be held responsible if, for any reason outside our reasonable control, either your offer and/or the Offer Acceptance E-mail does not reach its intended destination or is delayed.
14.4 YOU ARE BUYING LOTS IN YOUR CAPACITY AS A TRADE MEMBER, SO CONSUMER PROTECTION LAWS DO NOT APPLY TO MAKE AN OFFER PURCHASES AND ALL IMPLIED TERMS (STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MAKE AN OFFER SALES ARE FINAL – RETURNS ARE NOT ACCEPTED – AND ARE MADE ON AN “AS IS, WHERE IS” BASIS. IT IS YOUR SOLE RESPONSIBILITY TO MAKE ALL NECESSARY ENQUIRIES AND INSPECTIONS TO SATISFY YOURSELF AS TO A LOT’S STATUS, CONDITION AND HISTORY BEFORE USING OUR MAKE AN OFFER FACILITY. THE PROVISIONS OF CLAUSE 9 APPLY IN FULL TO MAKE AN OFFER PURCHASES.
14.5 All offers you make using our Make An Offer facility are exclusive of our Fees. Payment terms for Make An Offer purchases are the same as for auction purchases and are set out in clause 11.
14.6 We may at our discretion cancel any offer you make using our Make An Offer facility, either before or after acceptance. If we cancel your Make An Offer order after you have made payment in respect of that order, we will refund the sums you have already paid.
15. YARD RULES
15.1 You must not undertake any repairs or alterations to Lots on our premises.
15.2 If you have told us the date on which you are going to collect a Lot you have purchased, any such Lot not collected and removed from our premises by 17.00 hours on that date will be returned to the secured storage area; we will not release it to you until you have paid us an additional loading and storage fee in cleared funds.
15.3 Any person caught stealing, damaging or vandalizing any Lot, parts, keys, or our property will be reported to the authorities and we will pursue compensation and prosecution to the fullest extent permissible by applicable laws.
15.4 Where permitted by law, our premises are protected by electric fencing or other security measures. You must not touch or otherwise interfere with such fences or other security measures: if you do, you do so at your own risk.
15.5 Yard visitors must come with their own safety vest.
15.6 No one under the age of 16 is permitted in the yard at any time for safety reasons.
15.7 Guests are allowed to enter Copart facilities only when accompanied by a Member. Guest entry is subject to a fee where applicable. They must sign in as a before they enter the yard.
15.8 Please note that filming any type of content, whether for personal or commercial use, is strictly prohibited at any Copart Middle East yard.
16. CONTACTS
16.1 Copart UAE Auctions L.L.C., registered in the UAE with company licence number 565728. Plot No. 500 - 663 Seih Shuaib 3, Dubai Industrial City, PO Box 334292, Dubai, United Arab Emirates.
16.2 Copart Bahrain WLL a company incorporated under the laws of the Kingdom of Bahrain with Commercial Registration number 88751-1 and whose registered office address is, plot no. 5024924
road 79, block 527 Saar, Kingdom of Bahrain.
16.3 Copart Muscat Auctions LLC, a company incorporated under Omani laws under C.R No. 1183721, with its address at plot no. 7, block Al Felaij, Halban in Barka, Oman. P.O. Box: 1158, Postal Code: 320.