CAA Dealer Terms and Conditions
By attending any auction at CAA or using any of CAA’s services, whether at a CAA or online, you agree, for yourself, your dealership, your company, and your representatives (collectively, “you”), to abide by the following terms and conditions, as amended from time to time by CAA:
1. Accuracy of information: You certify that all registration and representative information you have provided to us, is true, correct and complete. You agree to promptly update your information, if there is any change to the information you have provided.
2. Fairness and Courtesy: You agree to behave in a fair, ethical, courteous, and civil manner in your interactions with us, our personnel, and our other customers while participating in any CAA auction, when accessing our online and mobile sites, or when otherwise using any of CAA’s services. Should you have issues or concerns with the behavior of our personnel or other customers while attending any CAA auction that cannot be resolved quickly and civilly on your own, you will raise those issues discreetly with our management.
3. Terms of Sale: CAA RESERVES THE RIGHT TO VOID, UNWIND, ADJUST, OR CANCEL ANY TRANSACTION IN ITS SOLE DISCRETION.
4. Electronic Payment Authorization: You agree that, if you designate a bank account for payment of amounts you owe us, including, but not limited to, by adding a bank account to your online profile, we may use such account information to initiate ACH entries to your bank account, including debit entries for amounts we owe you, and debit or credit entries in any amount necessary to correct an error. You understand that, other than account information we routinely make available to you online, we will not provide any notice to you prior to initiating entries and that you are responsible for ensuring that your account balance is sufficient to cover debits for amounts you owe us. This authorization is in addition to, and does not terminate or alter, any other authorization for electronic payments (including ACH authorizations) that we have on file or that you provide us in the future.
5. Safety and Assumption of Risk: Like all auto auctions, our facility are busy places with many vehicles, customers, and personnel moving around the premises at all times, particularly during sales events. You understand and acknowledge that the movement of vehicles, equipment, and individuals at our facilities constitutes an open and obvious condition and that CAA is not obligated to warn you of such conditions. You agree to obey posted signs and follow any warnings you receive from our personnel, particularly as they relate to safety and security issues. You also agree to use extreme care while on our premises to avoid injury to yourself and others, both in moving vehicles on and off the premises and in traversing any sale lanes, parking lots, and offices on foot and otherwise. By entering our private premises, you assume the risk of injury.
6. No right to Do Business: You have no obligation to do business with us. Likewise, you agree and acknowledge that we have no obligation to do business with you. We are affiliated private business; we reserve the right to cease doing business with you or anyone else, at any time, for any reason or no reason, in our sole discretion, collectively or separately among our affiliates; and you shall have no right, remedy, or cause of action for same. You acknowledge and agree that there are numerous sources, other than CAA, for you to acquire and sell used motor vehicles and related services.
7. Limited Power of Attorney: For value received, you hereby irrevocably appoint CAA to be you be your agent and attorney-in-fact with full and complete authority to, on your behalf, take all steps, do all things, and authenticate, sign, or otherwise acknowledge any and all documents, including but not limited to odometer disclosure statements, title documents (including applications for duplicates), bills of sale, invoices, and transportation instructions/orders, in each case as deemed necessary, incidental, desirable, or expedient by us, in our sole judgement, for any purchase or sale of a vehicle made under these Terms and Conditions, for the provision of any goods and/ or services under these Terms and Conditions, and/ or to assist us with our efforts to collect payment for such goods and/ or services. You acknowledge that you will be required to execute such valid power of attorney document(s) covering the foregoing activities and authority as CAA may request from time to time in its sole discretion. For greater certainty, where any applicable jurisdiction requires a valid power of attorney to be effected in writing, in the presence of a witness, and/ or imposes any other requirements, you hereby covenant to do such acts as required to appoint CAA as your power of attorney.
8. DISCLAIMER OF WARRANTIES AND CONDITIONS: UNLESS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN A MORE SPECIFIC AGREEMENT YOU MAY HAVE OR MAKE WITH CAA. ALL PRODUCTS AND SERVICES PROVIDED TO YOU BY CAA ARE ON AN “ASIS” BASIS. CAA CANNOT AND DOES NOT MAKE ANY WARRANTIES OR CONDITIONS RELATING TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABLE QUALITY, DURABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRODUCTS OR SERVICES PROVIDED TO YOU BY CAA, AND CANNOT GUARANTEE THAT ANY SERVICES PROVIDED TO YOU WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT SUCH SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. INDEMNIFICATION: YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CAA, ITS SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, REPRESENTATIVES, BORROWED SERVANTS, VOLUNTEERS, INDEPENDENT CONTRACTORS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DEMANDS, CAUSES OF ACTION, DEBTS, OR LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: ● ANY PERSONAL INJURY OR PROPERTY DAMAGE THAT YOU MAY CAUSE, EITHER SOLELY BY YOUR OWN ACTIONS OR JOINTLY WITH OTHERS (INCLUDING THE CAA PARTIES), TO CAA, ANY PERSONNEL OR CUSTOMERS OF CAA, OR ANY THIRD PARTIES, OR THE PROPERTY OF ANY OF THE FORGOING; ● THE BREACH OR ALLEGED BREACH OF ANY AGREEMENT OR OBLIGATION HEREUNDER OR UNDER ANY OTHER AGREEMENT THAT YOU MAY HAVE WITH CAA; ● ANY TRANSPORTATION CLAIMS; ● ANY ACTIONS THAT A CAA PARTY MAY TAKE AS YOUR AGENT, REPRESENTATIVE, OR ATTORNEY-IN-FACT, PURSUANT TO SECTION 20 HEREOF OR OTHERWISE; ● YOUR USE OF ANY PRODUCTS OR SERVICES OF CAA; AND ● ANY LIABILITY OR OBLIGATION, INCLUDING ANY CAUSED IN PART BY A CAA PARTY, THAT MAY OTHERWISE ARISE FROM YOUR PARTICIPATION IN ANY SALE OR AUCTION CONDUCTED BY A CAA PARTY, YOUR PRESENCE AT ANY PREMISES OWNED OR OPERATED BY CAA, OR THE PROVISION OF PRODUCTS OR SERVICES TO YOU BY CAA.
