Terms and Conditions
This is a binding legal agreement between you, your business, your representatives (collectively, "you" "your" or "Customer") and EBlock, Inc., a Delaware Corporation ("we", "our" or "EBlock").
These Terms And Conditions (the "Terms") govern your access to, and use of, the EBlock Auction Platform and our related products and services and apply to every transaction between Buyer and Seller facilitated by EBlock. By using or accessing the EBlock system, products or services, you expressly agree to be legally bound by the Terms, as updated or amended by EBlock from time to time. Lack of knowledge concerning these Terms will not release Buyers, Sellers and their representatives from their obligations to abide by them. EBlock reserves the right to amend the Terms at any time by posting the revised Terms and Conditions on the EBlock platform at www.eblock.com.
It shall be the responsibility of all Buyers, Sellers and their representatives to review and be aware of these Terms, and any other rules of EBlock, including any revisions thereto, before doing business with EBlock. Buyers, Sellers and their representatives who do not comply with these Terms and other rules of EBlock, may be barred from doing business with EBlock immediately without notice.
All capitalized terms and otherwise defined words shall have the meaning set forth below:
"Arbitration/Claim" - means the dispute resolution process as described in the Arbitration section of these Terms and Conditions.
"Arbitrator/Sales Resolution Agent" – means an individual or individuals appointed by EBlock to facilitate the resolution of Arbitration claims between Buyer and Seller.
"Arrival Date" – means the date on which a sold Live Appraisal Vehicle is grounded by the Seller and is available for pick-up by the Buyer and is indicated as “Arrived” on the EBlock Auction Platform.
"Buyer" - means a Customer who offers to bid, offers to purchase or purchases a Vehicle or other asset through the EBlock platform.
"Autocheck" - a Autocheck report is a 3rd party vehicle history report.
"Condition Report" - means a report provided by the Seller documenting the condition of a Vehicle whereas any specific required disclosures are made available to prospective Buyers. The Condition Report must follow the Arbitration policies and disclosure requirements of these Terms and must give the Buyer a reasonable understanding as to the true Condition of the Vehicle offered for sale.
"Customer" - means any person or business using or accessing the EBlock Auction Platform.
"Dealer" - means an individual or company that is duly licensed to act as a motor vehicle dealer in the jurisdiction in which their business is located. Dealers can be authorized to act as Buyers and Sellers on the EBlock Auction Platform.
"Disclosure" – means the provision of details regarding material facts, defects or damages of a specific Vehicle as documented in a Vehicle Condition Report. Required Disclosures are set forth in the Arbitration Policy.
"Material Fact" – means any fact about a Vehicle that, if disclosed, could reasonably be expected to influence the decision of a reasonable purchaser and/or would significantly affect the value of a Vehicle.
"Fees" - means charges applied to Customer accounts for use of, and access to, the EBlock Auction Platform and for Services. You agree that EBlock may deduct its fees and any other amounts owed to EBlock from any amounts payable to you, including sale proceeds.
"Reserve Price" - means the price established by the Seller at which a Vehicle will be sold if bidding is completed and the Reserve Price is met or exceeded. If the Reserve Price is not met at the completion of the bidding, the high bidder automatically goes into an "IF BID" status where the Seller can either accept or reject the high bid or enter into negotiations with the Buyer.
"Sale Price" - means the top bid amount from a buyer where the Reserve Price has been met or exceeded or where the Seller has accepted the top bid and has approved the sale of the vehicle. Sale Price does not include additional fees or applicable taxes.
"Live Appraisal" – means a Vehicle that is offered for sale or sold using EBlock’s instant Live Appraisal auction tool as opposed to its regularly scheduled 1:30 pm auction.
"Seller" - means a Customer who offers a Vehicle for sale or who sells a Vehicle on the Auction Platform.
"Services" - means the tools and services provided by EBlock to facilitate the sale of Vehicles, including any associated products and services provided to Customers.
"Vehicle" - means any automobile, truck or sport utility Vehicle listed on the Auction Platform. Vehicle may also include, but is not limited to, recreational Vehicles, motorcycles, trailers, boats and off road sport Vehicles.
"Auction Platform" – means the EBlock online Auction Platform including all of its associated products and services.
"Title Attached" – means when a vehicle is sold as “title attached,” the title is not available the day of sale.
II. GENERAL TERMS AND CONDITIONS
1. Customer’s Eligibility. EBlock is a dealer-to-dealer auction tool, which requires all users of the services to hold a valid dealer/salesperson license in their respective state. You represent and warrant that you are a licensed retail or wholesale dealer of Vehicles and/or a business that is otherwise legally eligible to purchase or sell Vehicles at wholesale auto auctions. EBlock reserves the right to refuse access to the EBlock Auction Platform or any Services to anyone who breaches these Terms And Conditions or otherwise interferes with or violates EBlock’s rights or the rights of others.
2. Data. You agree that all information and records, whether oral, written, visual, electronic, digital or tangible transmitted, received or stored on the EBlock Auction Platform or using the systems, equipment, computers, servers, or premises of EBlock (collectively "Data") is the property of EBlock. You agree that we have the right to receive, use, disseminate, control access to, aggregate, modify, package, derive benefit from, remove, destroy or sell Data in whole or in part.
3. Vehicle History Reports. EBlock provides an optional CARFAX Report integration for Buyers and Sellers. With or without this integration, Sellers are bound to properly disclose all Material Facts about a Vehicle they are offering for sale. Sellers are responsible to ensure all Material Facts are disclosed in the Condition Report. EBlock is not responsible for any inaccurate information provided by CARFAX reports or any Vehicle History provider. AutoCheck and CARFAX will be considered, but not necessarily binding for Arbitration.
4. Compliance. You represent and warrant to EBlock that: (a) you are in compliance with and shall comply with all laws and regulations that apply to your business; and (b) you have secured and will maintain all permits, licenses, and governmental approvals required to operate your business including, without limitation, as required to access and participate in the EBlock Auction Platform.
5. EBlock Auction Platform: EBlock provides an Auction Platform to facilitate wholesale automobile transactions. The responsibility for completion of such transactions rest solely on the Buyer and Seller. EBlock does reserve the right to suspend and remove any delinquent Buyers or Sellers from the Auction Platform.
6. Username/Password. Every Customer may choose their username and password. Sharing or lending your username and password is strictly prohibited. You are responsible for maintaining the confidentiality and security of the username and password issued. You will be liable and responsible for all actions, omissions, failures to act, and/or transactions conducted with your username and password. Unauthorized use of your username or password must be reported immediately to EBlock.
7. Dealer Information. Dealer must notify EBlock, in writing, of any changes in authorized representatives or ownership structure. Failure to notify EBlock will not release Dealer’s obligations. Dealer is responsible for any and all transactions conducted by said representatives.
8. Registered Motor Vehicle Dealer/Salesperson. Every Customer using the Auction Platform must be a registered Dealer/Salesperson. In the event that a Customer’s license has expired or changed, it is the sole responsibility of the Customer to inform EBlock of such changes.
9. Insurance Coverage. EBlock does not provide insurance coverage for any Vehicles purchased or sold on the Auction Platform. Every Customer is responsible to ensure it holds a valid garage insurance policy in accordance with the laws of the United States.
10. Liability and Risk. Under no circumstances shall EBlock have any liability to Customer for any direct, consequential (including lost profits), exemplary, incidental, indirect or special damages or costs resulting from any claim (whether in contract, tort, equity, negligence, or strict liability) related to or arising out of the Auction Platform, the Services, including the performance or breach thereof or the use or inability to use, or performance or nonperformance of the Auction Platform or any component thereof, even if they have been advised of the possibility of such damages. EBlock is a software service provider and is not a party to transactions conducted on the Auction Platform between Buyers and Sellers. EBlock does not own or take title to Vehicles listed or sold on the Auction Platform.
11. Limitations of Liability. Without limiting Section 10 above, the liability of EBlock arising out of or related to these terms and conditions, the Auction Platform or any transaction or service (whether in contract, tort, equity, negligence, or strict liability) shall be limited to actual direct damages incurred by a customer and the aggregate liability of EBlock for such actual damages shall not exceed, under any circumstances, the fees paid by such customer to EBlock in respect of the transaction or service or $600, whichever is less. Multiple claims shall not expand these limitations.
12. Indemnity. Customer hereby agrees to indemnify, defend and save harmless EBlock from and against all liabilities, losses, suits, claims, demands, costs, fines and actions of any kind or nature whatsoever to which EBlock may become liable, by reason of (i) a Customer’s breach of the Terms and Conditions or any other obligation hereunder; (ii) a Customer’s negligence or willful misconduct; (iii) transportation losses; (iv) any personal injury or property damage that Customer or any person for whom Customer is responsible causes; or (v) Customer’s use of the EBlock Auction Platform or any related services or products.
13. Warranties. EBlock will not be liable to either the Buyer or Seller for any defects of any Vehicle. EBlock does not make any guarantees or warranties with respect to any Vehicle offered for sale on the Auction Platform.
14. Routed Export Transactions. If a vehicle is to be exported, Buyer is responsible for verifying that it satisfies all export requirements of the originating country and all import requirements of the destination country. EBlock is not the importer or exporter, and is not responsible for supply export or import documentation.
15. Investigations. By doing business on the Auction Platform, you authorize EBlock to comply with requests from governmental authorities for information and/or documents concerning you and your business if, and when, reasonable requests from such authorities arise.
16. No Interference. All Data submitted by you through the Auction Platform and related services will be free from malicious software, including viruses, worms, Trojans, software that bypasses normal authentication mechanisms or exploits or attacks software security or any software or data designed to disable, modify or damage the EBlock Auction Platform and related services. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Auction Platform and related services. You will not take any action that imposes an unreasonably or disproportionately large load on EBlock’s information technology infrastructure.
17. Listing, Bidding and Sale. Each Seller will provide all required Disclosures and any and all other required information to list a Vehicle for Sale on the Auction Platform. When a Vehicle is listed for Sale on the Auction Platform, it is the Seller’s responsibility to ensure the Vehicle is available for sale and has not been sold elsewhere. In the event a Vehicle has been sold elsewhere, the Seller may be responsible to pay all Fees that would have been due and payable had such Vehicle been sold on the Auction Platform. A Buyer may bid on a Vehicle that is listed for Sale by entering the dollar amount he/she wishes to bid. Once a bid is submitted, it cannot be withdrawn. All bids are final and binding.
18. Electronic Signature. Customer does hereby duly appoint EBlock through its authorized employees, agents and third party subcontractors, to act as its ATTORNEY-IN-FACT to sign all papers and documents that may be necessary pertaining to the sale and subsequent title transfer of the Vehicles and/or otherwise offered for Sale by Customer from time to time by means of the Auction Platform including without limitation, any title, certificate of title, title transfer document, bill of sale, odometer disclosure statement, certificate of origin or reassignment of odometer disclosure statements as required by federal law (collectively, "Documents"). You will permit EBlock to capture your signature in electronic or digital form. You hereby authorize EBlock to apply your electronic signature to Documents necessary or incidental to your use of Services. You agree that your electronic signature is intended to authenticate the document to which it is applied and shall have the same force and effect as an original handwritten signature.
19. Fees. In consideration of access to the EBlock’s Auction Platform and Services, you agree to pay EBlock all Fees assessed by EBlock for access to the Auction Platform and Services. Fees charged by EBlock such as buying, selling, Arbitration and Vehicle Inspection Fees will be billed weekly and are due and payable upon receipt of invoice. EBlock, at its sole discretion, reserves the right to apply a penalty for late payments, late titles and transport costs arising from late Vehicle collection. If Customer fails to pay the total purchase amount within five (5) business days from the Available Date, EBlock may charge a late payment fee of $250 per Vehicle, and/or charge interest on any past due amounts at the rate of one and one half (1.5%) percent per month or the maximum rate allowed by law, whichever is less. Accounts overdue may be subject to loss of access to EBlock’s Auction Platform and collection by a third party. Fees are subject to change without notice.
20. Dealer Application. Having made application to bid and buy through the EBlock Auction Platform, Dealer will pay for any purchases with certified funds until application has been processed and Dealer has been notified by EBlock Corporation that payment with checks or ACH transaction has been approved. Dealer hereby authorizes EBlock to obtain written bank/credit reports for all owners of the Dealer at any time until this authorization is terminated in writing by the Dealer. In submitting application, Dealer makes representations which are certified correct for the purpose of securing credit and authorizes EBlock Corporation to gather whatever credit and employment history considered necessary and appropriate and for EBlock Corporation to deliver such information concerning the application to others. EBlock Corporation will retain Dealer application, whether or not it is approved, and it is Dealer’s responsibility to notify EBlock Corporation of any changes of name, address, employment of other material information. Dealer authorizes the disclosure and release of any and all personal and/or business credit related information by EBlock Corporation or any third party including, but not limited to, credit, financial, salary, banking, debt and tax information and materials to any of EBlock Corporations affiliates including EBlock Corporation Finance, as required, until further notice. Dealer authorizes EBlock Corporation to contact any third parties and to disclose information, including information contained in the application, for the purpose, among other things, of obtaining inter-creditor agreements and perfecting EBlock Corporation’s security interest. Dealer understands that EBlock Corporation reserves the right to request additional Dealer documentation based on purchase/payment history, at any time and at its discretion in order to continue account activity. Dealer hereby agrees to, and will be bound by, all current EBlock terms, policies and procedures as outlined on the links available on the pages of the Auction Platform website, EBlock T&C’s https://eblock.com/en-us/terms.
21. Vehicle Payment Terms. Customer shall pay EBlock the total purchase amount, inclusive of all Fees, within two (2) business days from the date the Vehicle is available (the "Available Date"), being the later of either the purchase date or the Arrival Date in the case of a Live Appraisal (the "Payment Due Date"). Payment is to be made by wire transfer or electronic funds transfer in U.S. dollars or such other payment method approved by EBlock, who reserves the right to specify the type of payment instrument it will accept from Customer. If Customer fails to pay Fees or other amounts owing when due to EBlock, then EBlock is entitled to immediately set off the amount owed by Customer from any funds owing by EBlock to Customer. In addition, if Customer fails to pay the total purchase amount within five (5) business days from the Available Date, EBlock may: (a) withdraw all Arbitration rights on the Vehicle; (b) retain possession of any Vehicles owned or controlled by Customer; (c) withhold title documents until all amounts owed have been paid; (d) cancel the sale transaction; (e) charge a late payment fee of $250 per Vehicle, and/or charge interest on any past due amounts at the rate of one and one half (1.5%) percent per month or the maximum rate allowed by law, whichever is less; and/or (f) pursue any other remedy or relief permitted by law. Any payment instrument withdrawn, rejected or returned for non-sufficient funds ("NSF") must be settled and replaced immediately by certified cheque or bank draft. NSF transactions will be subject to a $100 service charge or the maximum amount allowed by law, whichever is less, and shall be immediately due and payable. EBlock will place a lien on the subject vehicle(s) which will be removed once full payment is received. In addition to the service charge, Customer agrees to pay all costs including, without limitation, legal fees and disbursements, court costs and other expenses reasonably incurred by EBlock to collect any monies owing by Customer. If Customer fails to pay the total purchase amount within ten (10) calendar days from the Available Date, EBlock will: (a) lock Customer’s account prohibiting further purchase and/or sale of Vehicles; and (b) relist and sell the Vehicle in the EBlock Auction where Customer is fully responsible for any loss on resale as well as the aforementioned $250 late payment fee. EBlock, at its sole discretion, may require Customer to enroll in the Pre-Authorized Debit Program, whereby Vehicle total purchase amounts will be automatically deducted from Customer bank account within two (2) days of the Available Date. EBlock Corporation hereby retains, and the Dealer hereby grants, a security interest in all Vehicles sold to the Dealer through the Auction Platform, to guarantee payment of all sums due on account. The venue of any action shall be in the Superior Courts of the County of Chittenden, VT, and the law of the State of Vermont shall govern. EBlock Corporation reserves the right to repossess any vehicle that Dealer presents NSF checks or failed ACH transaction.
Seller or Buyer's use of or inability to use the Services;
the purchase or sale of any Vehicle;
the content, actions, or inactions of third parties, including false, inaccurate or incomplete descriptions of Vehicles, including but not limited to odometer mileage,
the failure of any Vehicle to be suitable for any particular purpose;
accident, injury, or loss of life resulting from the use of any Vehicle, whether such accident, injury, or loss was the result of inaccurate or false Vehicle description, or not;
any adverse condition or defect with respect to any Vehicle;
any guidance provided by EBlock;
any loss of business related to the Services.
The above disclaimers and exclusions are not applicable where prohibited by federal, state, or local laws. Regardless of the above, if EBlock is found liable for any reason, EBlock’s liability to Buyer or Seller or any third-party entity, is limited to the lesser of (a) the amount of fees paid to EBlock by the charging party, in the facilitation of the sale or purchase of the Vehicle, or (b) $1,000. If EBlock is forced to make a claim against either the Seller or Buyer or an agent or employee of Seller or Buyer for an insurance carrier insuring or bonding Seller or Buyer, then EBlock shall recover, in addition to the amount of the claim and the costs incurred in the claim, a reasonable attorney’s fee and costs in collecting the claim, regardless of whether a lawsuit is filed, including appellate fees and costs, interest shall accrue on the unpaid balance of any such claim at the rate of 1.5% per month, or the maximum amount allowable by law, whichever is less.
Vehicles purchased on the Auction Platform are for resale in the form of tangible personal property in the regular course of business and is the sort usually purchased by the Buyer for resale. In the event that the property is used for any purpose other than for resale, Buyer will pay direct to the proper taxing authorities such sale of use tax as may then be accrued and become payable. The Buyer further certifies that it holds a retail sales tax registration certificate, license, or other permit, issued by the sales tax authority of this state and county if applicable.
EBLOCK RESERVES THE RIGHT TO VOID ANY TRANSACTION AT ANY TIME.
23. Liens on Vehicles. Sellers are responsible to ensure that all vehicles sold on the Auction Platform are free of liens and encumbrances. If a lien has been paid out but is still listed on the lien registration system, the Seller must provide proof of lien release in the form of a letter from the secured party. Sellers have a maximum of 7 calendar days to provide proof of lien release. For Live Appraisals, this 7-day period cannot start prior to a Vehicle being available for pick-up from the Seller’s lot, also referred to as “Arrival Date”. If a Seller cannot provide proof of lien release within 7 calendar days, the Buyer may file an Arbitration claim with EBlock at which time a 2-business day grace period will be applied. Any decision to cancel the sale or to extend the 7-day deadline or 2-day grace period will be at the sole discretion of EBlock. In the event a sale is cancelled as the result of an open and unreleased lien or failure to produce a Title, the Seller will be held responsible for all reasonable expenses incurred by the Buyer. The EBlock Arbitrator will determine what reasonable expenses are eligible for reimbursement from the Seller. For vehicles listed as Title Attached, the seller has 30 calendar days (45 for CA Dealers) to produce a transferable title to the EBlock office or the buyer may Arbitrate, at which time a 2-business day grace period will be applied. The same time frame will be applied for lien releases for vehicles declared Title Attached.
24. Seller Content. The Seller is solely responsible for all content it posts on the Auction Platform. EBlock shall not be responsible or liable to any Customer or third party for damages or costs resulting from such content. EBlock reserves the right to modify, refuse or remove any and all Seller content at its sole discretion. The Seller represents that all Seller content is accurate and truthful and in compliance with all applicable U.S. laws.
25. Sales Taxes. Vehicles sold on the Auction Platform are subject to all applicable local, state and federal taxes. These taxes are based on location of supply and not on the location of the Buyer. The Buyer is solely responsible for these taxes as documented on the bill of sale from the Seller.
26. Sale Cancellation. EBlock may, in its sole discretion, cancel any sale transacted on the EBlock Auction Platform. Reasons for cancellation include, but are not limited to, errors or omissions in vehicle descriptions or disclosures, pricing errors, title problems or any other matter deemed to be relevant by EBlock. When a Vehicle is listed for Sale on the Auction Platform, it is the Sellers responsibility to ensure the Vehicle is available for sale and has not been sold elsewhere. If a double sale has occurred which results in a sale cancellation, the Seller will be charged a $250 cancellation fee and may be responsible to pay all Fees that would have been due and payable had such Vehicle been sold on the Auction Platform.
III. SELLER OBLIGATIONS
27. Required Disclosure. Every Seller shall disclose all Material Facts relating to the history and condition of each Vehicle listed for Sale on the Auction Platform. It is the Seller’s sole responsibility to ensure accuracy for all Vehicles listed. EBlock’s Arbitration Policy, included herein, specifically requires Seller Disclosures in compliance with the NAAA Arbitration Policy. It is the Seller’s obligation to fairly represent its Vehicle and to correct any errors made regarding disclosed conditions prior to launching a Vehicle for sale. Seller is responsible for the accuracy and completeness of all Disclosures regardless of whether Seller has relied on EBlock or third party resources (e.g., Inspection Company, vehicle listing service, electronic data vehicle history report, etc.). In addition to the Disclosures required under the NAAA Arbitration Policy, Sellers must disclose the following:
Visible interior and exterior damage, glass damage, missing equipment, and vehicle accessory electrical problems (subject to the Arbitration threshold provided for herein)
Vehicles not equipped with air conditioning (Excludes vehicles 10 model years old or older)
Paintwork (3 panels or more), bumpers not included.
Tire tread depth measured at the lowest point less than 2/32nd inches.
28. Vehicle Identification Number. All vehicles offered for sale on the Auction Platform must have a visible, intact and properly affixed public VIN plate or a replacement VIN plate in accordance with applicable State and Federal regulatory requirements. If a VIN has been replaced, the Seller must provide a Disclosure to that effect.
Title In Hand: The Seller has a maximum of 7 calendar days to provide the registration/title document to the Buyer. For Live Appraisals, this 7-day period starts on the Arrival Date. If the Buyer has not received the registration/title within that time frame, the Buyer must contact EBlock at which time a 2-business day grace period will be applied. If the Seller cannot produce the registration/title within the grace period, the Buyer has a right to Arbitrate the Vehicle. Any decision to cancel the sale or extend the grace period will be at the sole discretion of EBlock. If a sale is cancelled under these circumstances, the Seller will be responsible for reasonable expenses incurred by the Buyer as approved by EBlock.
Title Attached: Seller has a maximum of 30 calendar days (45 for CA Dealers) to produce a transferable title to the EBlock office. If the Buyer has not received the title within that time frame, the Buyer must contact EBlock at which time a 2-business day grace period will be applied. If the Seller cannot produce the title within the grace period, the Buyer has a right to Arbitrate the Vehicle.
Seller must provide a KSR or current registration, along with the corresponding paperwork. If KSR or current registration is not provided, EBlock will charge a $10 fee.
Title documents from all 50 states are acceptable, providing they are accompanied by documents necessary to register the Vehicle in the state of purchase.
All penalties and fees associated with expired registration must be paid by Seller, unless the penalties and fees are announced, at which point they will be the responsibility of the Buyer. This does not include current year’s registrations.
The Seller guarantees titles provided to EBlock are marketable and free and clear of all liens and encumbrances. For California, all late titles over 45 days are subject to sale being cancelled. For all other states all late titles over 30 days are subject to sale being cancelled.
IV. BUYER OBLIGATIONS
30. Review of Vehicle Disclosures. Before bidding on any Vehicle, it is the Buyer’s responsibility to review all Vehicle information that is made available through the Auction Platform including Seller Disclosures, Vehicle history reports and Condition Reports. Any Vehicle damage apparent in the photos submitted by the Seller is not subject to Arbitration. It is the Buyer’s responsibility to verify the condition of the Vehicle within the time period for Arbitration as set out in the Arbitration Policies. Failure to file an Arbitration claim within the required time frame may result in the loss of Buyer Arbitration rights.
31. Vehicle Pick-Up. Vehicles sold on the Auction Platform must be collected from the Seller’s lot at the sole expense of the Buyer within 4 business days of the bill of sale or, where a Post Sale Inspection ("PSI") has been requested, within 4 business days of delivery of PSI results to the Buyer. Buyers arranging transportation services on their own must ensure that the Total Payment Amount is paid in full prior to pick up by the transportation service provider. If the Vehicle is damaged in transport, it is the sole responsibility of the Buyer and the transport company. EBlock will not be held liable in any way for any damage to a Vehicle incurred while being transported. Vehicles cannot be removed from the Seller’s lot until Seller is paid in full.
32. Exports. Arbitration is not available on claims that Vehicles do not meet applicable export or Import requirements. Any Vehicle that has left the United States will not be eligible for Arbitration.
33. Disclosed Codes. As part of EBlock’s verified condition report, our Vehicle Capture Representatives will perform a scan on a selling vehicle’s onboard diagnostic scanner (also known as OBD II scanner) when present/operational to determine if there are any code(s) present. It is solely the buyer’s responsibility to perform all research on any disclosed codes/defects and bid at their own discretion. Any disclosures or declarations made to or relating to a specific code/component will result in NO AVAILABLE ARBITRATION on said component(s). Furthermore, we recommend any vehicle(s) purchased on the EBlock platform with any disclosed/declared OBDII code(s) be transported by carrier only. EBlock will not be held responsible for damages that may occur if a vehicle is driven that are related to OBDII code(s) present in the condition report.
34. NAAA Policy. EBlock follows the National Auto Auction Association ("NAAA") Arbitration Policy as amended or updated and such policy is hereby incorporated by reference, as if it was recited at length in these Terms and Conditions. Undisclosed defects or damages that are not visible in a vehicle’s listing photos, noted in seller notes or posted as Declarations may be subject to arbitration by the Buyer due to inadequate disclosures of damage or condition if repair exceeds $600. In addition, the supplementary arbitration rules set out in these Terms and Conditions apply to all vehicles offered for sale through the Auction Platform. If there is a conflict between the NAAA Arbitration Policy and these Terms, these Terms shall prevail to the extent of the inconsistency. The NAAA Arbitration Policy can be viewed at: www.naaa.com under the Policy section.
35. Verified Vehicle. Verified Vehicles are captured by trained EBlock representatives. The EBlock capture representative will ensure that Vehicle year, make, model and equipment are accurately recorded and all visual cosmetic damages are properly disclosed. Any undercarriage damage, structural damage or major mechanical problem disclosures are the sole responsibility of the Seller. EBlock Capture Representatives do their best to ensure all visible damages are disclosed. It is the Buyer’s responsibility to view all photographs provided in the Vehicle listing prior to bidding. Sellers are responsible to review their listings to ensure all damages, required disclosures and mechanical issues are properly described. No one has the opportunity to know more about a vehicle than the Seller.
36. Expected Delivery Date - Appraisal Vehicles. In the event a buyer has submitted a winning appraisal bid and the appraised vehicle has not landed at the selling dealership within 10 calendar days of the expected delivery date listed on EBlock, the buyer has the option to release his interest in the Vehicle and not accept the Bill of Sale. It is the Buyer’s responsibility to notify the EBlock Arbitrator of their intent to exercise this option. The potential sale will be cancelled and the seller will be informed of such cancellation.
IV. ARBITRATION POLICY
As an accommodation to its customers, EBlock provides Arbitration Services for disputes that may develop between Buyers and Sellers, in connection with undisclosed conditions or breach of guarantees that may exist on vehicles that are sold through EBlock. Such Arbitration services shall be performed at the discretion of, and pursuant to the Arbitration Policies of EBlock and the NAAA. In order to enter into Arbitration, the Buyer must give EBlock notice of the undisclosed condition or breach of guarantees within the specified time parameters, depending on the type of condition or breach of guarantee. If the Buyer fails to give notice within the specified time frames, EBlock shall have no duty or obligation to provide Arbitration Services and the sale will be final.
37. Arbitration Claim Submission. In the event a Buyer feels there are inaccuracies or misrepresentations in a Vehicle Condition Report, the Buyer has the right to contact the Seller directly for clarification or to seek a resolution. In the event a resolution is not attained, the Buyer can file an Arbitration claim with EBlock. The claim must be submitted within the Arbitration deadlines and after the Vehicle has been paid for and is in the Buyer’s possession. The Arbitrator will determine if the claim is on time and valid. Arbitration claims must be submitted via the Arbitration Request Form available on the Auction Platform. If a Buyer is unsure whether a claim is valid they should submit the claim regardless, or they can contact the Arbitrator directly for verification before submitting. Arbitration submissions and inquiries must be made within the Arbitration deadlines.
38. Normal Arbitration Deadlines. The Normal Arbitration claims deadline is 2 business days following receipt of the vehicle. Day 1 of the Arbitration time frame is the day of delivery and receipt of the Vehicle. In some circumstances, where the Vehicle is delivered via transport and delivered on a weekend, day 1 for Arbitration will commence on the Monday of that week. The Buyer may be required to submit the transport bill of lading for proof of delivery date. Refer to the Vehicle Disclosure Requirement Chart for more details.
39. Extended Arbitration Deadlines. The Extended Arbitration claims deadline is 7 calendar days following receipt of the vehicle. The extended deadline is offered for issues that are more difficult to determine and/or more serious in nature.
40. Odometer Readings. Once a Vehicle is in Arbitration, the Buyer must not drive or test drive the Vehicle until a resolution has been determined. If the Vehicle has been transported via carrier, no more than twelve (12) additional miles can be recorded on the odometer. If the Vehicle is a drive away, no more than one hundred (100) additional miles can be recorded on the odometer in order for the claim to be valid. In the event the odometer has exceeded the above guidelines, EBlock at its sole discretion, can accept or deny the Arbitration. Appraisal valuation Buyers should expect a higher odometer reading than that disclosed at the time of appraisal. A continuation of normal driving based on Vehicle’s history can occur between the appraisal date and the Expected Delivery Date. Additional miles driven during this period will not affect a Buyer’s right to Arbitration.
41. Arbitration Process and Costs. Once a claim is accepted, the Sales Resolution agent will review all details and work through the Arbitration process towards a final and binding resolution. The Sales Resolution agent will only consider matters listed on the initial claim. If a third-party Arbitration inspection is required, the party determined to be at fault will be responsible to pay the cost of inspection. No later than (5) business days after opening an Arbitration, the Buyer needs to provide EBlock with supporting documentation for the claim. Inspection/diagnosis and repair estimates are required to be provided by a franchise dealer not affiliated with the buying dealer group. Seller has (3) business days to respond to the Arbitrator's inquiries and preliminary findings. If the Seller doesn't respond within the time limit, the Arbitrator may decide the claim without further input from the Seller. In the event of a cancelled sale through Arbitration, the Vehicle must be returned to the Seller in the same or better condition than when it was sold. Additional damage incurred on the Vehicle in the Buyer’s care may result in Buyer’s loss of right to cancel or the payment of financial compensation from the Buyer to the Seller. EBlock will make the final decision in such cases. On cancelled sales, vehicle titles must be returned to the EBlock title office within 7 calendar days at the expense of the Buyer or the Buyer may risk revocation of the cancellation. On completion of Arbitration, the party at fault will be responsible for Arbitration inspection fees (if applicable) and the transport cost (if qualified). Where the Seller is at fault, inspection and transport costs must be paid directly to the Buyer and collected from the Seller. Failure to make such payment may result in loss of auction privileges. Proof of transportation cost must be provided to EBlock in the form of a proper invoice from a licensed transport company. Dealership drive-away will not be considered for reimbursement to the Buyer. Buyers will forfeit compensation for transport costs on canceled sales where the Arbitration was filed late and/or the cancellation was the result of EBlock goodwill. Sellers with multiple recurring Arbitrations may be subject to a fee of $200 per valid Arbitration and will be invoiced directly by EBlock.
42. NOT Eligible for Arbitration. Vehicles that are not paid and picked up within 10 calendar days of being available, are not eligible for Arbitration unless the vehicle has been transported. In the event the vehicle is delivered via carrier, a 14-day grace period will be granted. In some circumstances, at the discretion of the Arbitrator, this time frame may be extended based on circumstances such as weather, distance between Buyer and Seller or carrier break down. A Vehicle is not eligible for Arbitration if it is no longer in the Buyer’s possession.
43. AS IS. Arbitration rights are limited on Vehicles sold AS-IS. Vehicles that are 10 model years or older or have 125,000 miles or more will be rated AS-IS when sold on the EBlock system. Sellers can choose to override the AS-IS rating and provide buyers with full Arbitration rights. When the AS-IS rating is overridden, the seller must uphold all obligations as outlined in EBlock Terms & Conditions and Arbitration Policy. AS IS vehicles can only be Arbitrated for the following:
AS IS Vehicles sold for $2,000 or more
Odometer issues such as rollback, replacement, TMU
Branding issues and insurance total loss
Existing structural damage caused by collision only
Undisclosed exterior/interior damages/defects over $600 - Arbitrator sole discretion
Undisclosed major repairs to engine/drivetrain over $2,500 - aftermarket or used parts
AS IS Vehicles sold for under $2,000
Odometer issues such as rollback, replacement, TMU
Branding issues and insurance total loss
Existing structural damage caused by collision only
Undisclosed non-running vehicles - Arbitrator sole discretion
44. Major Deception. An arbitration ruling in favor of the buyer will occur in cases of major deception on the part of the seller. "Major Deception" means an act, representation or omission that materially affects the value of a vehicle and would be regarded as misleading, unprofessional or unethical. A Major Deception ruling is at the sole discretion of the Arbitrator.
IV. AUCTION LOCATION GUIDELINES
1. Operating Hours:
Administration Office: 8:30 am – 5:30 pm Mon – Fri.
Sale Locations: 9:00 am – 5:00 pm Mon – Fri.
2. All communications regarding transactions, titles, etc., must be done through the auction unless permission is provided by EBlock
3. All Dealers, drivers or porters must check in and show a valid Driver’s License before entry at each auction location.
4. Speed limit is 5 mph.
5. No person under 18 years of age is allowed on auction premises.
6. Free copies of EBlock’s Terms and Conditions are available online at www.EBlock.com or at each location or by calling the administrative office to have a copy mailed.
7. All Vehicles on auction premises are subject to search.
8. EBlock will prosecute all persons for tampering, theft or vandalism of Vehicles.
9. Any Vehicle left on the auction’s customer parking lot for more than one week will be subject to tow. Any Vehicle left on auction property will be subject to tow, if not removed when requested to do so.
10. EBlock is not responsible for any theft or damage to Vehicles that have not been removed from the auction premises following the sale.
11. Any issues brought to EBlock’s attention after the allowed time frame will not be Arbitrated. NO EXCEPTIONS!.
12. Book sheets and window announcements are provided as a courtesy only. This information is not to be relied upon as complete and/or accurate, and is not subject to Arbitration, except with the Assurance program.
13.Test-Drive Release and Waiver of Liability and Indemnity: WHEREAS DEALER shall mean the undersigned, its officers, agents, or employees; and WHEREAS DEALER wishes, as part of its pre-auction inspection, to test-drive certain vehicles prior to bidding on them at the auction, and EBlock is permitting Dealer to test-drive these certain vehicles prior to bidding on them, the Dealer agrees as follows:
Test Drive: Dealer shall not test-drive Vehicles without permission, and only in areas and under the Terms specified by EBlock, including obeying posted speed limits, and driving with seatbelts fastened.
Release: Dealer hereby releases, waives, discharges and covenants not to sue EBlock, its officers, agents, employees, or the consignor of the test-driven Vehicle, from all liability, for any loss or damage and any claim or demands therefore, on account of injury to persons or property, or resulting in death of the Dealer, while the Dealer is in, upon, about or outside the premises of auction test driving Vehicles.
Indemnity: Dealer hereby agrees to indemnify and save and hold harmless EBlock, its officers, agents, employees, and the consignor of the test-driven Vehicle and each of them from any loss, liability, damage or cost they may incur due to the Dealers test-driving of Vehicles in, upon, about or outside the premises of EBlock.
Assumption of Risk: Dealer acknowledges that no representatives, express or implied, are given regarding the condition of any Vehicle to be test-driven. Dealer hereby assumes full responsibility for, and risk of bodily injury, death or property damage, due to the negligence of others or otherwise, while test-driving Vehicles in, upon, about or outside the premises of EBlock. Any damage caused to any Vehicle by a Dealer or his representative in excess of $250, shall result in the purchase of the Vehicle(s) in the amount of the lesser of consignor’s cost or Manheim Market Report value.
Security Interest: Dealer hereby grants EBlock a security interest in, and right to set-off against, any sums or Vehicles held by EBlock for Dealer’s account, to secure payment for any damages caused by Dealers test-driving.
Miscellaneous: Dealer further expressly agrees that the foregoing agreement is intended to be as broad and inclusive as is permitted state and local laws, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
All vehicles within model year and distance travelled parameters.
Excludes vehicles under 36,000 miles (or equivalent in kilometres) and 3 or less model years old. IE 2022, 2021 and 2020 vehicles under 36,000 miles are excluded from the Assurance Program.
Excludes vehicles 200,000 miles (or equivalent in kilometres) or more, or more than 20 model years old.
Available to all qualified Sellers.
Available on Verified and Self-Captured vehicles.
Assurance badge must be present on the Vehicle listing at time of sale in order to qualify.
All non-vehicles and recreational units.
Vehicles outside the model year and distance travelled parameters.
Vehicles sold for less than $1,000 will be sold AS-IS.
Vehicles marked AS-IS.
Vehicles with branded titles.
Vehicles with odometer disclosures where true distance travelled is unknown.
Fees are only applied when Program vehicles are sold.
Assurance Program fees:
Buyer program fee $99
Program fees are non-refundable and appear on the bill of sale as a separate line item.
EBlock reserves the right, at its sole discretion, to disqualify any vehicle from the Program, pre or post-sale.
EBlock reserves the right, at its sole discretion, to remove and/or disqualify any Buyer or Seller from the Program. 08/31/21 19
Seller protection under the Program is limited to a maximum $4,000 repair cost per occurrence.
Claims with repair costs over the Program limits will be entirely the sellers’ responsibility and the limit amount will not be treated as a deductible to the claim.
When mechanical repair cost exceeds the Program limits and the seller is brought into the resolution process and a decision is made to cancel the sale, the seller must refund the proceeds of sale to EBlock and retake ownership of the vehicle. In these cases, the Program will absorb additional expenses incurred against the vehicle prior to the submission of the Arbitration claim, such as transport, diagnostics, or any other approved expenses relating to the vehicle. Transportation costs to move the vehicle back to the selling dealers location will be billed to the seller.
The seller will not be responsible for any further actions and EBlock will absorb any loss or gain on the resell - including all additional fees from the first transaction.
At the sole discretion of the Arbitrator when repair costs exceed the Program limits, the Seller may be required to repair defects or provide compensation to a Buyer in order to avoid cancellation of a sale.
Transmissions cannot be Arbitrated if a transmission code is present under the OBD-II Codes section. This includes all codes. Some codes include, but not limited to, P0700, P0706, P0715, P0720, P0729-P0736, and P0750-P0770.
At the sole discretion of the Arbitrator, a resolution ruling can be made requiring a Seller or EBlock to repair defects and/or provide compensation to a buyer to maintain a Vehicle transaction and avoid sale cancellation. The Arbitrator’s decision is final and binding on both Buyer and Seller.
For sellers in the Program, all vehicles offered within the model year and distance travelled parameters will be listed and sold under the Assurance Program and the option to sell AS IS will not be given even if the vehicle falls under the AS-IS criteria of 10 model years or older or distance travelled of 125,000 Miles or more.
Except for the Assured Program’s specific Terms & Conditions as they apply to vehicles sold in the Program, Sellers are bound to all of their obligations as specified in EBlock’s Terms of Service.
Sellers must provide body damage photos on Self-Captured vehicles. Body damages not disclosed by the Seller will not be covered under the Program and will become the full responsibility of the Seller under Arbitration.
The Seller Assurance Program guarantee does not apply to the following types of Arbitration claims:
Hidden structural damage as per NAAA
Liens or other title problems
Odometer issues such as rollback, replacement or TMU not properly disclosed
Vehicle history or claims not readily available at time of sale
Recalls with no part availability
Vehicle Titles must be provided by the Seller to EBlock’s office within 30 days (45 Days CA) of the sale at the expense of the Seller or the Seller may risk disqualification of the sale from the Program. The risk of disqualification for late registrations includes sales that have been cancelled and scheduled for resale under the Program
Applies to vehicles sold under the Assurance Program.
Vehicles with a sale price under $1,000 are sold strictly AS IS.
The Arbitration Dollar Threshold for mechanical is $600 (not including taxes) for vehicles sold under the Program.
Buyer Arbitration deadlines are increased to 72 hours from time of delivery.
Vehicles transportation allowance is extended to a maximum of 14 days.
Arbitration claims made after the deadlines will not be considered. company, the total amount will be refunded to the floorplan company and the Program fee will be charged back to the Buyer separately.
Vehicle Titles on cancelled sales must be returned to EBlock’s Office within 7 days of the cancellation at the expense of the buyer or the buyer may risk revocation of the cancellation.
Vehicle Condition Rating Scale
These are general guidelines for defining appropriate rating of vehicles. The vehicles have to be judged on their total condition, and not strictly whether they meet every line of the referenced rating criteria. This rating system takes into account the year and mileage of the Vehicle and is intended to reflect the overall condition of the unit. The numerical rating of a Vehicle indicates its overall condition (example: a 2 rating represents a Vehicle in poor condition and a 5 represents a Vehicle in very good condition).
|Vehicle Condition||5 Very Clean||4 Clean||3 Average||2 Below Average||1 Rough||0 Very Rough|
|Mechanical||No Issues Found||Minor Repairs Needed||Moderate Repairs Needed||Major Repairs Needed||Inoperable||Scrap|
|Exterior||No Wear||Minor Repairs Needed||Moderate Repairs Needed||Major Repairs Needed||Severe Repairs Needed||Scrap|
|Interior||No Wear||Minor Repairs Needed||Moderate Repairs Needed||Major Repairs Needed||Severe Repairs Needed||Scrap|