ING SOLUTIONS LLC
BUYER TERMS AND CONDITIONS
Last updated on: July 1, 2010
As a registered buyer ("Buyer") through ING SOLUTIONS LLC («ING SOLUTIONS LLC») you agree to be bound by the following Buyer Terms and Conditions. ING SOLUTIONS LLC reserves the right to amend Buyer Terms and Conditions at any time without prior notice to you.
A. Membership Eligibility. Membership as a registered Buyer at ING SOLUTIONS LLC is open to individuals 18 years of age and older. In addition, yard-specific registration requirements and applicable laws, regulations, and restrictions may further limit Buyer registration and vehicle purchasing eligibility. ING SOLUTIONS LLC reserves the right to deny membership privileges to any individual or entity, in its sole and absolute discretion.
B. Registration. Buyers must complete the buyer registration form. For a limited time registration is free. ING SOLUTIONS LLC reserves the right to increase registration and renewal fees at any time without notice.
C. Deposit. In order to make Proxy Bids on vehicle(s) Buyers must have a minimum of 1000.00 USD (the «Minimum Amount») on deposit with ING SOLUTIONS LLC. The Minimum Amount shall be sufficient to enable a Buyer to bid up to 6600.00 USD for the purchase of only ONE vehicle. If a Buyer wishes to bid an amount higher than the Minimum Amount, the Buyer must submit 100.00 USD for each additional 660.00 USD of desired bid. If Buyer wishes to make bids more than ONE vehicle at the time the buyer must pay another Minimum Amount of 1000.00 USD (the «Minimum Amount») on deposit with ING SOLUTIONS LLC. Each vehicle(s) the Buyer bidding on must be covered by Minimum Amount of deposit.
D. Account Activity. Buyers are responsible for all account activity, including, without limitation, all Proxy Bids submitted under Buyer's username and password through http://www.carfrom.us/ («ING SOLUTIONS LLC»). Buyer's account may not be transferred or assigned to any person or entity. In the event a Buyer's account, membership I.D., or username and password are used without authorization, Buyer shall be responsible for all account activity and charges incurred prior to ING SOLUTIONS LLC's receipt of written notice from Buyer of the unauthorized activity.
E. Compliance. Buyers shall comply with all applicable laws, statutes, ordinances, and regulations regarding their use of ING SOLUTIONS LLC 's services.
F. Membership Revocation. ING SOLUTIONS LLC reserves the right to suspend or revoke the membership of a Buyer for any reason, in its sole and absolute discretion.
G. Release of Liability and Indemnification. Buyers irrevocably and unconditionally waive and release their rights (if any) to recover from ING SOLUTIONS LLC or its Affiliates, its directors, officers, employees, representatives, agents, subsidiaries, partners, and affiliates any and all damages, losses, liabilities, costs expenses, or claims therefore, whether direct or indirect, known or unknown, or foreseen or unforeseen, which may arise from or be related to bodily injury, property damage, or other occurrence which occurs on ING SOLUTIONS LLC or its Affiliates premises. Buyers agree to indemnify, defend, and hold ING SOLUTIONS LLC or its Affiliates harmless from any and all damages, losses, liabilities, costs or expenses (including attorneys fees), arising from claims made by Buyer for bodily injury or property damage occurring on ING SOLUTIONS LLC or its Affiliates premises. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL ING SOLUTIONS LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM OR ARE RELATED TO THE SALE, DISTRIBUTION, USE OF, OR INABILITY TO USE, ANY VEHICLE, EVEN IF ING SOLUTIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
H. Marketing and Promotional Materials. Buyers agree they have affirmatively requested to receive marketing and promotional materials via mail, e-mail, and facsimile.
II. SALE POLICIES
A. Bid Rejection. ING SOLUTIONS LLC reserves the right to reject or void bids, for any reason, in ING SOLUTIONS LLC's sole and absolute discretion. Should a dispute arise regarding a bid, ING SOLUTIONS LLC is the exclusive deciding authority with sole and absolute discretion in resolving disputes. Buyers agree to indemnify, defend, and hold ING SOLUTIONS LLC or its Affiliates harmless from any and all liability arising out of decisions made in resolving disputes.
B. Sale Cancellation. ING SOLUTIONS LLC may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from a sale. ING SOLUTIONS LLC will neither have liability nor obligation to Buyers as a result of any vehicle withdrawal, or sale cancellation or postponement.
C. Tie Bid Policy. Virtual Bids prevail over Preliminary Bids of equal amount.
D. Proxy Bid. ING SOLUTIONS LLC uses Proxy Bid to make the bidding process easier and more efficient. Simply enter a Proxy Bid representing the maximum price you are willing to pay for the vehicle(s) and Proxy Bid will bid on your behalf up to your maximum bid during both the Proxy Bidding Period and the Virtual Sale. Proxy Bid will only bid one increment over the current bid to maintain your position as the highest bidder. This allows you the possibility of purchasing a vehicle below your maximum bid. If a bidder with a higher maximum bid outbids you during Proxy Bidding, you will be notified via email.
E. On-Approval Vehicles. Vehicles sold "On-Approval" will not be released to Buyers unless and until the seller notifies ING SOLUTIONS LLC of its acceptance of the high bid. In some instances, it may take up to three working days, including the day of the sale, for the seller to provide ING SOLUTIONS LLC notification of high bid acceptance. However, the majority of "On-Approval" vehicles receive bid acceptance or rejection within one day.
F. Vehicle and Title Release. ING SOLUTIONS LLC reserves the right not to release any vehicle or vehicle title for any reason.
G. Title Types. ING SOLUTIONS LLC does not guarantee title types.
H. Bids Entered. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled.
I. Risk of Loss. Buyer takes full responsibility and assumes all risk of loss for all vehicles purchased from the time ING SOLUTIONS LLC accepts Buyer’s bid. From and after acceptance of Buyer’s bid (for vehicles located at a ING SOLUTIONS LLC or its Affiliates facility) Buyer acknowledges that ING SOLUTIONS LLC is acting as bailee of Buyer’s vehicle until such time as the vehicle is removed from ING SOLUTIONS LLC or its Affiliates premises. Buyer agrees that under the terms of the bailment, (1) ING SOLUTIONS LLC or Affiliate shall not be responsible for damage to or loss of the vehicle or parts thereof due to operational procedures in place at all ING SOLUTIONS LLC or its Affiliates facilities, from acts of theft or vandalism, or acts of God; and (2) ING SOLUTIONS LLC or its Affiliates shall not be responsible for any claim of damage, regardless of whether Buyer, or any person on Buyer’s behalf such as Buyer’s agents, employees, or representatives, pick up the vehicle. ONCE A VEHICLE IS REMOVED FROM ING SOLUTIONS LLC OR ITS AFFILIATES PREMISES IT IS ACCEPTED AS-IS, AND UNDER NO CIRCUMSTANCES WILL ING SOLUTIONS LLC OR ITS AFFILIATES BE LIABLE FOR SUBSEQUENT CLAIMS OF DAMAGE OR LOSS OF ANY KIND OR NATURE WHATSOEVER
J. Import/Export Issues. It is the responsibility of the Buyer to comply with customs import procedures applicable to foreign title vehicles. Customs inspection, import fees and proof of emissions compliance may be required.
III. FEES AND PAYMENTS
A. Payments for Vehicles. All payments for vehicles bought through ING SOLUTIONS LLC are due within two (2) business days of the sale date. In the event the payment is not received within the allotted time, a late payment fee of 100.00 USD will be added to each item bought. In the event the payment is not received within eight business days of the sale date, the Buyer shall be considered to have forfeited its deposit and ING SOLUTIONS LLC shall have the right to relist the vehicle. Payment for vehicles may be made via money wire, cashier's check or money order. Payments for vehicles made by PayPal, Google Checkout or any other merchant system will be not accepted. Acceptance of company checks is subject to prior approval by the ING SOLUTIONS LLC Accounting Department. Buyers agree to be personally liable for payment of any cashier's check, money order, or check that is dishonored. In the event of a dishonored cashier's check, money order, or check, Buyer agrees to make payment within two (2) days after receipt of notice from ING SOLUTIONS LLC of a dishonored check, and to pay ING SOLUTIONS LLC NSF processing fee, and any and all collection costs including but not limited to, collection agency fees, and/or attorney's fees and court costs.
B. Transaction Fee. All vehicles bought through ING SOLUTIONS LLC are subject to a 300.00 USD transaction fee
for each item bought.
C. Storage Fee. All vehicles not removed from ING SOLUTIONS LLC or Affiliate facilities within five (5) business days of sale are subject to a storage fee of 20.00 USD per day. If a vehicle is not picked up from ING SOLUTIONS LLC or Affiliate facilities within 20 days of purchase, the vehicle may be removed from the ING SOLUTIONS LLC or Affiliate facilities to one of ING SOLUTIONS LLC's specialty storage facilities. The Buyer will be responsible for all towing charges, as well as any additional storage charges that may accrue. Buyer will have ten (10) days to pick up the vehicle from ING SOLUTIONS LLC’s storage facilities. If in that time period the vehicle has not been picked up, the Buyer will be considered to have forfeited all of its rights in the vehicle, and the vehicle will become the property of ING SOLUTIONS LLC.
D. Sales Tax Indemnification. Buyers purchasing vehicles from ING SOLUTIONS LLC on wholesale, pursuant to a sales tax exemption certificate, agree to indemnify, defend, and hold ING SOLUTIONS LLC harmless from any and all sales tax assessments, fines, penalties, damages, and costs, including attorneys fees, incurred as a result of a determination by taxing authorities that the transaction was subject to the payment of sales, use, or excise tax.
E. Re-list Fees. In the event a vehicle is not paid for within the time specified by the ING SOLUTIONS LLC, Buyer agrees that ING SOLUTIONS LLC may, in its sole and absolute discretion, cancel the sale and relist the vehicle for sale. Buyer agrees to pay ING SOLUTIONS LLC the relist fee of 1000.00 USD or 15% of the sale price, whichever is greater. This fee will be taken from the Security Deposit paid in advance to ING SOLUTIONS LLC. Buyers who repeatedly fail to fulfill their obligations are subject to suspension or revocation of their bidding privileges.
F. Title Processing Fee. All vehicles bought through ING SOLUTIONS LLC are subject to a 100.00 USD title processing fee for each item bought.
G. Title Mailing Fee. All vehicles bought through ING SOLUTIONS LLC are subject to a 50.00 USD title mailing fee for each item bought.
H. Auction Buyer Fees. All vehicles bought through ING SOLUTIONS LLC are subject to Auction buyer fees:
Sale Price: Fee:
• $.01- $99.00 $35
• $100.00 - $199.99 $55
• $200.00-$399.99 $95
• $400.00-$599.99 $125
• $600.00-$799.99 $140
• $800.00-$999.99 $165
• $1,000.00-$1,199.99 $200
• $1,200.00-$1,399.99 $225
• $1,400.00-$1,699.99 $245
• $1,700.00-$1,999.99 $295
• $2,000.00-$2,499.99 $330
• $2,500.00-$2,999.99 $330
• $3,000.00-$3,999.99 $365
• $4,000.00-$17,499.99 $365
• $17,500+ 2% of Sales Price
• Homeowners Items 20% of Sales Price
I. Virtual Bid Fees All vehicles bought through ING SOLUTIONS LLC are subject to Virtual Bid Fees, the following fees will apply: a fee of 39.00 USD for sale prices from 1.00 USD - 999.99 USD, a fee of 50.00 USD for sale prices from 1,000.00 USD - 1,999.99 USD, a fee of 75.00 USD for sales prices of 2,000.00 USD or higher.
J. Gate Fees A $30.00 Gate/Loading fee is assessed to all vehicles. This fee covers the movement of the vehicle from ING SOLUTIONS LLC or its Affiliates sale/storage facilities to the buyer’s loading area. For buyers whom are picking up the vehicle up with vehicle transporters, this fee covers the time and manpower required to assist the driver in loading the vehicle onto the truck. Drivers are 100% responsible for securing their load at all times.
K. Sales Tax ATTENTION U.S. BUYERS: Sales Tax will be added to your invoice, except for the buyers who purchase vehicles for export! We kindly ask you to inform us by email firstname.lastname@example.org if the vehicle will be for exported or will be registered in the USA. US Buyer how intend to export vehicles must provide additional paperwork.
The sale tax rates are collected for following States, all states not in the list are Tax exempt:
A. Vehicle Condition and History Disclaimer.
ALL VEHICLES ARE SOLD "AS-IS WHERE-IS"
All vehicles offered for sale through ING SOLUTIONS LLC are sold "AS-IS WHERE-IS", WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. The term «Vehicles» shall mean all items posted for sale on ING SOLUTIONS LLC’s website, including but not limited to cars, trucks, motorcycles, boats, jet skis, industrial equipment, homeowners salvage, trailers, RV’s, etc. ING SOLUTIONS LLC or its Affiliates expressly disclaim the accuracy or completeness of any and all information provided to Buyers regarding vehicles, whether provided in written, verbal, or digital image form ("Vehicle Information"). Vehicle Information provided by ING SOLUTIONS LLC or its Affiliates and its vehicle suppliers is for convenience only. Buyers shall not rely on Vehicle Information in deciding whether or how much to bid on a vehicle purchased through ING SOLUTIONS LLC. Vehicle Information includes but is not limited to: year, make, model, condition, ACV, damage amount, damage type, drivability, accessories, mileage, odometer disclosures, vehicle identification number (e.g. «VIN», «HIN», and serial number), title, repair cost, repair history, title history, and total loss history. ING SOLUTIONS LLC expressly disclaims any and all representations, warranties, and guarantees regarding vehicles sold through a ING SOLUTIONS LLC or its Affiliates facility. ING SOLUTIONS LLC does not guarantee that keys are available for any vehicle sold through a ING SOLUTIONS LLC or its Affiliates facility, regardless of whether keys are present in online vehicle images, or were present in the vehicle prior to the time of purchase. Certain jurisdictions permit vehicles to be sold with missing VIN plates; as a result, ING SOLUTIONS LLC does not guarantee that vehicles are equipped with any or all VIN plates. Parts may be missing. ING SOLUTIONS LLC does not guarantee that vehicles meet or can be modified to meet local emission and/or safety requirements. It is the sole responsibility of Buyer to ascertain, confirm, research, inspect, and/or investigate vehicles and any and all Vehicle Information prior to bidding on vehicles.
You agree that vehicles through ING SOLUTIONS LLC or its Affiliates are sold «AS IS» and are not represented as being in a road worthy condition, mechanically sound, or maintained at any guaranteed level of quality. The vehicles may not be fit for use as a means of transportation and may require substantial repairs at my expense.
B. Registration Laws Disclaimer. ING SOLUTIONS LLC does not guarantee that any vehicle sold can be legally registered in any state or country, and Buyer accepts all risks associated with variations in vehicle title and registration laws between states, provinces, and countries that may negatively impact the marketability of vehicles purchased thru ING SOLUTIONS LLC or its Affiliates. (For example, a vehicle legally purchased on a clean title by a Buyer thru ING SOLUTIONS LLC or its Affiliates at a ING SOLUTIONS LLC or its Affiliates facility located in State "A" may be required to be sold on a salvage title if Buyer transports and resells the vehicle in State "B".)
A. Governing Law Jurisdiction. This Agreement together shall be governed by the laws of the State of Florida without reference to the principles of conflicts of law. Each party hereby irrevocably submits to the jurisdiction of the courts of the State of Florida, sitting in Dade County, and the courts of the United States for Florida.
B. Severability. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms and provisions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their best efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term or provision.