Terms
Terms and conditions for Cleveland Pick-A-Part, Inc.
Last Updated: 07/21/17
Disclaimers – By registering as a buyer (“buyer”) with Cleveland Pick-A-Part dba Cleveland Power
& Performance Inc. (“CPAP”) you agree to be bound by the following terms and conditions. You will
also be subject to the Terms as Conditions as described by Copart. CPAP reserves the right to
amend these terms and conditions at any time without prior notice to the Buyer. If, at any time
you do not agree with the terms and condition of this Agreement, or of any subsequent
amendments to this Agreement, immediately discontinue using and accessing the System.
BY REGISTERING WITH CPAP, YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU ARE REGISTERING
WITH AND PURCHASING VEHICLES FROM, CPAP AND NOT FROM COPART.
Registration – Any individual or entity wishing to bid at Copart.com, must complete the buyer
registration form, submit proof of identity (driver’s license, state ID, passport, etc), and pay the
non-refundable $50.00 New Membership registration fee. The New Membership registration
fee will be $0 for the first two weeks of service or 2 purchases. At the time either milestone is
met you will be charged $50.00 automatically. The 2 weeks will start from the day you receive
the Bidder ID and Password from us. When you complete the service registration process, you
will receive a username and password linked to your account with CPAP. To gain access to bid
in facilities not open to the public, Membership must be renewed annually by verifying
accuracy of current member information on file and paying the appropriate registration fee.
CPAP will automatically collect the annual registration fee from your deposit on August 1st of
each year, unless other arrangements have been made by the member. Licenses must be
renewed and submitted to Cleveland Pick-A-Part prior to expiration to retain active buyer
status. You must be a Buyer in good standing in order to gain access to or bid on vehicles
offered via Copart’s Internet-based vehicle bidding program and procedures. You are
responsible for maintaining the confidentiality of the username and password, and are fully
responsible for all activities that occur under your username, password, or on your account.
You agree to (a) immediately notify CPAP of any unauthorized use of your username and
password or account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. CPAP cannot and will not be liable for any loss or damage
arising from your failure to comply with this section.
Modifications to service – CPAP reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or
without notice. You agree that CPAP shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
Termination – You agree that CPAP, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any content within
the Service, for any reason, including, without limitation, for lack of use, or if CPAP believes
that you have violated or acted inconsistently with the letter or spirit of the “Terms and
Conditions”. You acknowledge and agree that CPAP may immediately deactivate or delete your
account and all related information and files in your account and/or bar any further access to
such files or the Service. Further, you agree that CPAP shall not be liable to you or any
third-party for any termination of your access to the Service.
Fee and payment structure – The structure is as follows;
There is a minimum $400.00 security deposit required to activate the buyers’ account and
keep the account open and active. Once activated, the buyer can purchase one vehicle costing
up to $4000.00. If the buyers’ desired maximum bid is to exceed this value, the bidder must
contact CPAP and pay an additional security deposit. The total security deposit will be equal to
10% of the maximum bid value- ex. a $10,000.00 max bid will require a $1,000.00 security
deposit. To bid on multiple vehicles at one time, a 10% maximum bid security deposit must be
paid for each vehicle with a minimum $400.00 per vehicle. In the event a buyer does NOT win
the vehicle auction, the security deposit will remain in a secure account with Cleveland
Pick-A-Part. The buyer can then bid on an alternative vehicle up for auction that day or at a
future date. If a vehicle is purchased, the vehicle cost and associated fees must be paid in full
and the vehicle must leave the auction yard prior to availability of the deposit to bid on
another vehicle. If the buyer chooses to close the account, or if we terminate the account per
section 4, the deposit will be available for refund by company check to the buyer. The
deposit will be released after a 2 weeks waiting period and only upon receipt of customer
e-mail request (from the account of record) for proof of identity noting buyer number and
account holder. The deposit will refunded in the form of a check issued to the name of the
primary account holder only and mailed to the address on file.
Once the buyer successfully wins a vehicle auction, Copart will forward CPAP their invoice
including all Copart fees. CPAP will assess a transaction/broker fee as well as any additional
fees and send to customer. The Reseller buyer fee is broken down based on sale price of
vehicle won, as seen on Reseller Fees Addendum.
Copart assesses fees on every vehicle purchased through their auctions. The buyer is
responsible for researching specific fees charged by Copart as they are automatically added to
the winning high bid. See the “Member Fees” tab under “Support” at the bottom of the page
on the Copart website www.copart.com.
Payment in full is due to CPAP by 4:00 EST two business days following the vehicle purchase
date. If the payment is not made within two business days following the auction date, Copart
will assess a $50 late fee. Payment for ‘Buy It Now’ purchases must be paid within 24 hours of
the vehicle being awarded, including weekends. If the vehicle is not payed for within 10
business days, that vehicle will be re-listed for sale by auction on the Copart web site and the
buyer’s security deposit will be forfeited. All vehicle payments must be made to Cleveland Pick
A Part. Copart will not accept payment for a vehicle from our customers, no exceptions.
If the vehicle purchased has not left the Copart yard of purchase within five business days of
the auction date including the auction date, Copart will begin assessing a storage fee of $20.00
per day including Saturdays and Sundays. The vehicle will not be released for transport until
all storage fees are paid in full. If the vehicle has not been removed from the Copart lot within
14 days of the auction date, the vehicle will be relisted for auction. CPAP will make payment
for outstanding Copart fees using the purchasers deposit as necessary.
In the event a buyer wins the auction and chooses not to purchase the vehicle for any
reason, the buyer deposit will be reduced by the amount of the relist fees owed to Copart plus
$50 to cover costs incurred by CPAP. Copart Relist Fees are 10% of the high bid price or $400,
whichever is greater. The buyer is also responsible for any and all collection costs, including
attorney fees and court costs. Any buyer that reneges on a second vehicle will have his bidding
privileges revoked.
All titles come in from the insurance company/owner and are assigned to CPAP Inc. as the
buyer. We are located in Ohio. Each state has its own laws regarding the titling of vehicles-
SOME STATES MAY NOT ALLOW TRANSFER OF A CERTAIN TITLE BRANDING. THE BUYER IS
RESPONSIBLE FOR UNDERSTANDING STATE BY STATE TITLING REQUIREMENTS. The buyer is
responsible for paying all fees and taxes associated with transferring title from state of origin
to CPAP Inc. in Ohio and then into the buyer name. No title will be released to anyone but
Cleveland Pick A Part. All titles will be mailed directly to CPAP. Copart is not required to
release a title until the vehicle has left the yard. They then have 2 weeks to release
non-pending titles. Once CPAP receives them we will contact you for the necessary
information.
THE BUYER SHOULD CONTACT CPAP WITH QUESTIONS REGARDING CERTIFICATEs OF
DESTRUCTION, JUNK TITLES, DEAD TITLES, OR BILL OF SALE VEHICLES AS THEY HAVE THEIR
OWN SET OF RULES AND CANNOT GO BACK ON THE ROAD IN MOST CASES.
Indemnification – Buyers purchasing vehicles from CPAP upon presentation of a sales tax
exemption certificate agree to indemnify, defend and hold CPAP harmless from any and all
sales tax assessments, fines, penalties, damages, and costs, including attorney fees, incurred as
a result of a taxing authority determination that the transaction was subject to the payment of
sales or excise tax. Ohio buyers will be charged applicable Ohio sales tax. Buyers and their
guests irrevocably and unconditionally waive and release their rights (if any) to recover from
CPAP and Copart, its directors, officers, employees, representatives, agents, subsidiaries,
partners, and affiliates any and all damages, losses, liabilities, costs expenses(including
attorneys fees), 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 CPAP or Copart premises. Buyers agree to indemnify,
defend, and hold CPAP and the auction harmless from any and all damages, losses, liabilities,
costs or expenses (including attorneys fees), arising from claims made by Buyer guests for
bodily injury or property damage occurring on CPAP or the auction premises.
Disclaimer of Warranties– By accessing this site, you acknowledge that you have read,
understood and agreed to the terms and conditions provided. If you do not agree to these
terms, do not use this site.
Buyers may not rely upon any information provided whether orally, written or digitally
imaged, included but not limited to; year, make, model, condition, damage amount, damage
type, drivability, accessories, mileage, odometer disclosures, VIN identification, title, repair
history, title history and total loss history. CPAP Inc. does not guarantee that any vehicle sold
can be legally registered in any state or country. Buyer is solely responsible for confirming,
researching and inspecting vehicles any and all information regarding the type, condition,
status and history of vehicles before buying them.
Vehicles are sold “as is” and with no warranty. Buyer understands that the vehicles may
have hidden or unreported damage, as many have been declared a “total loss.” It is the
responsibility of the buyer to inspect the vehicle before purchase.
CPAP Inc. and Copart expressly disclaim any liability for loss or damage to any vehicle at any
point in the process of buyer procuring a vehicle including but not limited to theft, fire,
negligent act, inclement weather, act of God, or damage in shipping.
Disclaimers of Services – The buyer expressly understands and agrees that;
Your use of the service is at your sole risk. The service is provided on an “as is” and “as
available” basis. CPAP Inc. expressly disclaims all warranties of any kind, whether express or
implied, including, but not limited to the implied warranties of merchantability, fitness for a
particular purpose and non-infringement.
CPAP Inc. makes no warranty that the service will meet your requirements; the service will
be uninterrupted, timely, secure, or error-free; the results obtained from the use of the service
will be accurate, reliable, complete or current; the quality of any products, services,
information, or other material purchased or obtained by you through the service will meet
your expectations, and; any errors in the service will be corrected.
Any material downloaded or otherwise obtained through the use of this service is done at
your own risk and that you will be solely responsible for any damage to your computer system
or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by bidder from CPAP Inc. or
Copart, or through or from the service, shall create any warranty not expressly stated in our
terms and conditions. If you have questions please contact CPAP Inc, not Copart.
Neither CPAP Inc., Copart, nor any internet access providers are responsible for incorrect or
inaccurate entry of information, human error, technical malfunctions, lost/delayed data
transmission, omission, interruption, deletion, defect, failures of any telephone network,
computer equipment, software of any combination thereof, or inability to access the CPAP inc.
or Copart websites.
“Cleveland Pick A Part is not owned by or affiliated with Copart, Inc, or its subsidiaries. All
vehicles are purchased from Cleveland Pick A Part, not Copart.”
By signing below, you are stating that you have read, understand, and agree to be bound by the terms
and conditions listed above.
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