Arbitration Rules

BIDACTION Arbitration Policies

BIDACTION wants its platform to be a fair, ethical and equitable environment, where buyers and sellers are treated according to the same standards of conduct and wants each of its user members to promote honest commercial relationships and transactions and respect their peers.

Not everyone operates in the same automotive sectors, and do not have the same financial means, but keep in mind that you are all traders, each of you is part of everyone's success. Without sellers there are no buyers and without buyers there are no sales.

We know that your vehicles displayed for auction are vehicles on which you do not want to invest time or money, but if the last few years can serve as an example, the market can easily turn and you could quickly find yourself in the reverse position. Put yourself in the shoes of the buyers when you declare your vehicles, do not try to deceive a buyer merchant in order to obtain better offers on your vehicles, honesty pays off! Your reputation and your time are valuable, buyers trust vehicles from honest sellers. When buying a vehicle, be lenient with the sellers. As a buyer you must remember that vehicles sold at auction are used and may contain minor defects and require maintenance as they have been subject to a certain level of wear and tear during their existence.

As an intermediary, BIDACTION must connect respectful clients, capable of exercising judgment towards the other party. Rest assured, as an intermediary, we will do what is necessary to prevent unfair and unethical transactions. If BIDACTION determines that a transaction is not fair or ethical to either party, the seller AND the buyer agree that BIDACTION will cancel the sale, at its sole discretion. Federal, provincial and local laws prevail and supersede the regulations below, where applicable. BIDACTION undertakes to keep its user members well informed while supporting them during the process before, during and after the sale and purchase but encourages all its members to read and familiarize themselves with all BIDACTION policies.

The real way to save time is to properly declare your vehicles and read all the tools, photos and declarations on each vehicle you wish to purchase. A good way to save money and time is also to start exchanging your vehicles on BIDACTION! THE only auction made for real traders!

Objective of arbitration

• The BIDACTION arbitration program is a dispute resolution program that resolves eligible claims that arise between merchant buyers and sellers following a transaction made using BIDACTION auctions.
• Arbitration involves both the seller and the buyer agreeing to accept the decision of an impartial person (the arbitrator) who will hear both parties, evaluate the evidence and render a final and binding decision.
• The arbitrator will decide all questions of fact, law, procedure and evidence that arise during the arbitration.
• The arbitration rules are written in simplified language, therefore formulations that are easy to read and understand using simple and straightforward text, choosing the most common terms in the automotive and auction fields.
• The BIDACTION arbitration system aims to be simple, effective but above all impartial! BIDACTION members undertake to guide and help each user to the best of their ability.

Arbitration Process

Step 1 : Open a Request for Arbitration

Send an email to [email protected] including the information of the vehicle arbitrated and the arbitrable elements.

Step 2 : Communication of documents and statements of facts

You will need to provide photos, documents confirming ownership, vehicle mileage, diagnosis and quote supporting the arbitration request and the desired resolution.

Step 3 : Verifications and analysis of the file

The arbitrator will take note of the evidence provided and will contact the seller to inform them of the opening of the file and begin negotiations.

Step 4 : Negotiations

The arbitrator will always attempt to find a fair and realistic agreement between the two parties involved, based on the admissible criteria of the arbitration and according to the declared condition of the vehicle and the value of the transaction.

Step 5 : Decision and implementation of the resolution

The arbitrator will make a decision within a reasonable time and his or her decision will be final and binding. The implementation of the steps to follow, the attribution of each person’s responsibilities as well as the fees payable by the buyer and the seller.

Eligibility

• The buyer must have paid in full for the arbitrated vehicle within five (5) working days and have it in his possession unless there is a post-sale inspection and/or apparent damage not declared at the time of the auction and/ or vehicle impossible to pick up.
• The buyer who picks up a vehicle 48 hours following its purchase will have 48 working hours to open an arbitration request. For any vehicle picked up more than 72 hours after its purchase, only 24 hours will be allocated to make an arbitration request.
• Vehicle with transport: Buyers who have submitted a transport request will need to provide their BOL (bill of landing) proving the date of their transport request, the date of pick-up and delivery. For requests submitted 24 hours following purchase, buyers will have 48 hours to submit their request. Transport ordered 48 hours or more following the purchase will only have 24 hours to make their arbitration request.
• The buyer must provide a general and mechanical inspection report with a clear diagnosis, from a certified garage. Thus, the buyer guarantees an inspection carried out by an impartial specialist with the necessary skills. This specialist must identify the problem and the steps taken to arrive at its analysis and propose hypotheses for action and solutions to resolve the problem, or not, depending on the case.
• No modifications and/or repairs must have been made to the vehicle at the time of the arbitration. The vehicle must be in the exact condition at the time of delivery. If the buyer carries out maintenance on the vehicle which does not affect the arbitrated problem, the arbitrator may proceed to arbitration, but the buyer agrees that in no case will it be possible to request reimbursement for the maintenance, parts and/or repairs which he has carried out without the agreement of the arbitrator.
• The purchase value of the vehicle is $2,500 or more. *
• Any vehicle 12 years old and under. *
• Any vehicle with 200,000 km or less. *
• Undeclared damage and mechanical problems worth $750 or more or 2% of the purchase value for all vehicles sold for $40,000 or more.
• Two (2) or more adjacent panels (bumpers excluded) that have been replaced and/or repainted and not declared at the auction.
• History of repairs and/or accidents of $3,000 or more not declared.
• Existing or previous structural damage, repairs and/or modifications to the vehicle structure (excluding underbody, part of the bodywork and not the structure).
• See Mandatory Seller Disclosures, for further details on arbitrable items.
• Eligibility for out-of-province transactions: To succeed and cancel an out-of-province transaction, it is imperative that the records are still in the name of the seller, and not transferred/migrated to the name of the buyer, in which case it will be impossible to cancel and return the vehicle to the seller. Each time a vehicle migrates to another province, it must pass inspections according to provincial standards to be registered, which is problematic for used but especially damaged vehicles. Only compensation could be claimed from the seller.

*At his sole discretion, the arbitrator may authorize the arbitration of certain vehicles that are 12 years old and over and/or 200,000 km and over and/or paid below the minimum arbitrable threshold of $2,500.

All vehicles sold AS IS or under the red light, having major declarations to the engine, transmission, modifications declarations or aftermarket parts, unknown milea6ge and structural damage, will not be subject to a request for arbitration.

Important Before Submitting a Demand for Arbitration

• BIDACTION makes no representation or warranty on the vehicles displayed on its platform and cannot under any circumstances be held responsible for them.
• The seller is solely responsible for the accuracy of the information and declarations entered on the vehicle data sheets. He is also responsible for the declarations appearing in Carfax* history reports, he must ensure that all information concerning the vehicle having an impact on its value is displayed when putting it online.

*As Carfax is mandatory and available to buyers to provide quick access to more information regarding vehicles, buyers are responsible for reviewing Carfax history reports*. No sales will be canceled for information found in the Carfax* report. See the section dedicated to Carfax* history reports.

• BIDACTION issues sales and purchase contracts only for transactions made via its auction platform but is not part of it. Only the sellers, owners of the vehicles at the time of the transactions, as well as the buyers are concerned by the contracts.
• Buyers are responsible for understanding the procedures of the online auction and the various conditions of use of BIDACTION and for taking full note of the information found in the vehicle files displayed for auction as well as the tools made available to them. provision before betting.
• Buyers must inspect each of their purchases upon receipt
• The seller must provide the vehicle title within at least 14 business days. This deadline also applies to receipts, otherwise the buyer will be authorized to request the cancellation of said vehicle.

Obligations regarding vehicles auctioned

• All vehicles listed for sale on BIDACTION must have a visible public vehicle identification number (VIN plate attached to the vehicle by the original manufacturer). BIDACTION reserves the right to refuse the sale of any vehicle in which the VIN plate is illegible or appears to be modified in any way.
• All vehicles must have title deeds in accordance with the territory to which they belong, in the name of the selling merchants. Please note, in the name of the company and not in the name of one of the company's employees. If a vehicle requires an SAAQ inspection, whether it is an out-of-province inspection, a scrapped vehicle, etc., the seller is required to declare it under penalty of having to pay for the inspection. If a vehicle is unable to pass the inspection and this was not declared during the auction, the buyer will have the right to request the cancellation of his transaction, unless the vehicle was sold under a red light (AS IS).
• Vehicles classified as salvaged, unsalvageable will automatically be sold AS IS for parts sales only.

Seller's Obligations

1. All sellers must establish a bond of trust with buyers by disclosing all important facts concerning the history and condition of the vehicles displayed for auction. The seller is obliged to declare his vehicle honestly, even if the registration was made by our registration agents. If certain disclosures are erroneous or false, it is the responsibility of the seller to correct these errors or to contact BIDACTION before the end of the auction so that the vehicle file can be corrected.
2. The photos posted online must accurately represent the current general condition of the vehicle, in a fair and clear manner. The seller must ensure that photos of the damage and all elements that could impact the value of the vehicle are evident and included in his file. For damage to the vehicle, it is suggested to take a photo showing the location of the damage as well as a second photo showing the damage more closely. Charging cables (EV/hybrid) as well as additional sets of tires must be photographed if declared in the vehicle data sheet.
3. The seller who displays a vehicle on BIDACTION is required to declare the information below. These declarations will appear in the vehicle file in a red dot with a “!” during the auction because they have a significant impact on the condition of the vehicle. If these declarations are not disclosed during the auction, buyers will be entitled to arbitrate the vehicle:
   1. Major repairs on main components, in excess of the minimum arbitrable amount (arbitration threshold) within a NORMAL time frame:
      • Engine
      • Transmission
      • Powertrain
      • Frame
      • Suspension (electric or pneumatic)

      • Car computer system
      • Fuel system
      • Electrical system
      • Emission system
      • Anti-lock braking system

      The seller must declare if one or more of these components are defective and if the cost of repairs exceeds the minimum arbitrable amount.

      By declaring a major problem, however, the seller is not obliged to exactly justify the problem. It is to everyone's advantage to declare vehicles as accurately as possible, however, not all sellers are experts in automobile mechanics.

      A buyer cannot add several items subject to normal wear and tear listed in vehicle owner's manuals (e.g.: windshield wipers, brakes, belts, flexible hoses, fluids, etc.) to obtain an amount reaching the value of the minimum arbitrable amount.

   2. Repairs following an accident ($)
      If the vehicle was involved in an accident causing more than $3,000 in damages and repairs, it is the seller's responsibility to report it. If in the Carfax* vehicle history report there is a report of accident/damage, regardless of the value, the seller must enter the amount appearing in the box provided for this purpose. If no amount is declared, the seller must enter the value of $1. Only unreported accidents/damages worth more than $3,000 may be subject to a request for arbitration.
   3. Adjacent panels damaged and/or replaced. If at least two (2) adjacent panels are damaged or have been replaced (excluding bumpers), they must be declared. *If the damage is related to an accident, don't forget to report the accident as well.
   4. Missing or defective airbags. If the airbag warning light is on, it must be reported.
   5. Replacement fuel or conversion. The seller must declare whether a vehicle has been equipped with one of these propane gas or natural gas systems at any other time.
   6. Excessive rust/damaged structure. The seller must report excessive rust when the location or amount of rust affects the structural integrity of the vehicle.
   7. Origin of a vehicle. If a vehicle comes from a country other than Canada or the United States, registered or manufactured in a country that does not meet North American standards in the last 36 months, it must be declared and indicated in its Carfax vehicle report* otherwise it will be the responsibility of the seller to provide an equivalent report containing the complete history of the vehicle.
   8. Incorrect vehicle marking If a logo, sign, emblem, ornament or other similar marking on the vehicle does not correspond to the make, model or year of the vehicle, the seller must declare this.
   9. Buyout of the manufacturer If the vehicle was repurchased by the manufacturer under the Canadian Motor Vehicle Arbitration Program (AVAC) or under the laws of any jurisdiction. If the reasons, date and location of the repurchase are known, they must be disclosed.
   10. Significant variation from producer specifications. The seller must make appreciable disclosure if the vehicle differs from the original manufacturer's specifications.
   11. Odometer with only 5 digits. When the kilometer dial has only 5 display windows and its distance traveled exceeds 6 digits.
   12. Odometer in miles. When the value of the distance traveled is not displayed in kilometers but in miles.
   13. Unreadable odometer. When the distance traveled is accurately recorded but it is impossible to start the vehicle or if the dial is fogged or damaged at the pixels and an odometer reading is impossible, the seller must declare this.
   14. Out of province. If the last registration is different from the current province or if the owner has the registration/utility in his name but the last registration is from another province, the seller must declare that the vehicle will need an inspection in order to be able to travel on the roads.
   15. Vehicle having previously been used for daily rental, by a driving school, emergency services, ex-police vehicle, racing vehicle, taxi or limousine.
   16. Modification to the structure such as:
       
       • Lengthen or shorten the frame
       • Amendment to suspension
       • Added a snow plow
       • Adding a trailer or semi-trailer (fifth wheels attachments)
   17. VIN plate issuance. All vehicles displayed on BIDACTION must have their original VIN plate intact (readable) or replaced in accordance with provincial and federal requirements. Any replacement, modification and/or damage to the original vehicle identification number plate must be declared.
   18. The manufacturer's warranty is void. The seller must declare if the manufacturer's warranty has been canceled or if a notice of cancellation was received before the sale of the vehicle. Where possible, enter the reason for the cancellation. *No notice sent following the date of sale may be the subject of a request for arbitration.

       If these declarations are missing during the auction, buyers will be entitled to an extended arbitration period:

   19. Damage caused by fire or flood. The seller must declare any damage caused by fire or by water that has penetrated into the vehicle up to the level of the floors, sheet metal or higher, or if any of the following components have been damaged by immersion:
       • Front, rear lights or wiring harnesses
       • Engine and its main components
       • Transmission and differential
       • Dashboard and wiring
       • Passenger seat airbags
       • Electrically adjustable seats or electric windows
       • Main components of the audio chain
   20. Vehicle title/status irreparable. These vehicles are considered total loss and can only be sold under a red light or AS IS for parts only.
   21. Actual current vehicle mileage. The seller is obliged to declare the correct mileage of the vehicle. If the odometer is replaced or has already been set back, the seller must declare the known mileage of the vehicle as well as the value displayed on the odometer, specifying whether it has already been replaced or set back. If the seller does not know the actual mileage of the vehicle because it is broken or defective, he must enter the value displayed on the odometer, specifying in the notes that the current mileage is unknown. If for any reason it turns out that the mileage displayed is not the correct one, even if the seller was not aware and is not responsible for this error, it will be the seller's responsibility to take back his vehicle and take steps with the appropriate person to rectify the problem if the buyer does not wish to keep the vehicle.

Buyer's Obligations

1. The buyer is responsible for reading all tools and information regarding the vehicles.
2. The buyer who picks up his purchased vehicle within a reasonable period of 48 hours will have 48 hours following taking possession of the vehicle to open an arbitration request. For any arbitration request of a mechanical nature, a maximum of 50 km traveled will be accepted. For pickups exceeding 48 hours, only 24 hours following taking possession of the vehicle will be allowed for an arbitration request.
3. The buyer who submits a request for arbitration must provide proof of pickup, a photo of the current odometer as well as any supporting documents allowing the arbitrator to validate the complaint. For any mechanical problem, the buyer must carry out an inspection in a certified mechanical garage, approved by the arbitration members. No handwritten inspections will be accepted. The goal is to protect both parties from abusive arbitration requests by obtaining clear, fair and professional diagnoses.
4. When the buyer obtains authorization to cancel their purchase, it is the seller's responsibility to return the vehicle. Certain costs may be reimbursed to the buyer up to a maximum of $500 paid by the seller.
5. Any buyer purchasing more than 200 km from home is strongly encouraged to carry out an inspection before moving the vehicle because if the vehicle must be canceled, travel costs will be at the buyer's expense.

Arbitration solutions and costs

• Cancellation of a sale and refund of the sale price, taxes and fees
• Reduction of the amount of the sale
• Monetary compensation covering the value of parts and repairs to be carried out

These fees are always paid by buyers:

• Fees for Carfax* vehicle history reports sold. By purchasing a vehicle on BIDACTION, the buyer will benefit from the history report downloaded on the platform. Each report must be paid to BIDACTION who remits these amounts to Carfax* BIDACTION auctions do not make any profit from Carfax vehicle history reports* They are displayed solely to provide as much information as possible to users.
• Vehicle inspection fees, after sale, are always at the buyers expense. Buyers who purchase vehicles through an online auction service should be aware that an inspection fee may be incurred to verify the general and mechanical condition of their purchase.
  
  No refunds will be made following an inspection that does not declare anything more than what was already displayed during the auction. Sellers are not obliged to have their vehicles displayed for auction inspected but they must be aware that without inspection, defects may be hidden and in no case will it be the buyers' responsibility to keep a vehicle. incorrectly declared. Sellers who invest time and money in pre-listing inspections know that a hundred dollars on pre-inspection is worth more than major repairs or a sale return.
• Costs related to transportation are always payable by the buyers or the party making the request. Buyers are aware of the location of vehicles displayed at auction. It does not make sense to force sellers to reimburse transportation, they do not decide the location of buyers who bid on their vehicles.
  
  However, if there is evidence in an arbitration that the seller intentionally withdrew representations, failed to declare arbitrable matters of which the seller was aware prior to the sale of the vehicle, the seller may have to pay transportation to the buyer for a maximum amount of $500.

Fees always paid by sellers

• Fees for unsold Carfax* vehicle history reports. Each Carfax* vehicle history report downloaded using the BIDACTION auction platform must be paid for. When a vehicle is sold, buyers pay for the reports since they will be the beneficiaries. If the vehicle is not sold, the seller who has access to the Carfax* reports will pay the costs. BIDACTION does not make any profit by loading Carfax* reports, the auction charges its users the same amount that it must remit to Carfax*.
• Costs relating to a second inspection during an arbitration. During arbitration, if the seller requests a second general and mechanical inspection of the vehicle, the costs of this inspection will be his responsibility, regardless of the resolution of the case, whether he wins or loses the arbitration.
• Transportation costs of arbitrated vehicles, if during the arbitration elements in the file demonstrate that the seller voluntarily withdrew declarations, omitted to declare arbitrable elements of which he was aware before the sale of the vehicle. He may have to pay freight to the buyer for a maximum amount of $500.

Carfax Vehicle History Reports Use Policy*

As an additional tool, vehicle history reports provided by Carfax* are made available to customers on every unit file listed on the platform to help them make informed transactions.

• Damage and/or accidents declared as well as the value, if mentioned
• Incorrect mileage
• Vehicles with multiple countries and/or provinces in their history
• Different previous uses (fleet, commercial, rental, etc.)
• Recalls, if applicable
• Odometer unit different from that currently displayed in the odometer (KM or MILES)

However, the auction takes no responsibility for the information found in Carfax* vehicle reports. Auction is solely the provider of Carfax* vehicle reports and not its producer. Carfax* is a tool receiving unguaranteed external information.

The auction will provide access to its users to download vehicle reports directly to its platform to ensure that the information entered into the RHV is the most recent available. RHV will then be invoiced to buyers for the acquisition of their vehicle and to sellers who have not sold their vehicle.

However, if the auction believes that a report is in error, it will send a correction request to Carfax Canada so that you can complete a hassle-free transaction. If you experience any issues or believe that the information on one of your reports does not match the information you have on a vehicle, please do not hesitate to contact one of our agents for assistance. We will try to help you as best we can or guide you through the steps to follow.

Carfax* and arbitration

If a buyer requests arbitration regarding information displayed in a Carfax* report, only items that depreciate the value of the vehicle will be arbitrated and only if those items were not declared in the space provided for this purpose.

If this is the case, the arbitration will be between the buyer and the person who registered the vehicle. The arbitrator will be responsible for negotiating between these two parties in order to reach an agreement on the value of the amount of depreciation of the vehicle and only 50% of this amount will be invoiced to the seller.

As the RHV is provided, the person who downloads it and registers a vehicle is responsible for checking each RHV before putting the vehicle online but it is also the responsibility of the buyer to take the time to check all the elements put in your available before betting on an RHV. unit.

Carfax Canada Terms of Use

Find their conditions of use and terms at the following address:

https://www.carfax.ca/about-carfax/privacy-legal/conditions-of-use