RULES ON MEDIATION AND THE PROVISION OF SERVICES
RULES ON BROKERAGE AND SUPPLY OF SERVICES
Probidas.lt is managed and administered by MB “Motolimitas”, registered office 304891451, registered office address Aušrinės g. 30-2, Radikiai, Kauno r., Lithuania, LT-54381, registered in the Register of Legal Entities of the Republic of Lithuania, e-mail address: [email protected], phone number: +370 650 36972 (hereinafter referred to as the “Contractor”).
1. Terms and definitions used in the Rules
The principal is MB Motolimitas, a company representing the purchase of a vehicle in the United States of America (hereinafter referred to as the USA) through the intermediary website www.probidas.lt.
Customer means a natural or legal person of legal age who has registered on the website www.probidas.lt in accordance with the prescribed procedure and who has read the rules provided.
The auction is organised by Copart Car Auctions and Insurance Auto Auction IAA.
Auction is a platform available at www.copart.com and www.iaai.com.
TP – vehicle (motorcycle or car).
The successful bidder is the highest bidder at the auction for the auction item.
2. Terms of the Rules
2.1. In order to participate in the auction, the customer needs to create an account on www.probidas.lt, confirm his/her email address and pay a deposit, which will be refunded later, after selecting a plan. In accordance with the Civil Code of the Republic of Lithuania, the terms and conditions of the Rules shall become a contract between the Principal and the Customer upon acceptance (acceptance is evidenced by a tick at the time of registration).
2.2. For the purposes of these Rules, contracts between the Contractor and the Client shall be deemed to have been duly concluded if the Client has registered in accordance with the procedures laid down and has received a confirmation of registration by the email address indicated.
3. Rights and obligations of the Contractor
3.1 The Principal undertakes to ensure the smooth operation of the website and, if necessary, to ensure the immediate rectification of any interruptions to the website, but shall not be liable for any communication failures, the Client’s actions on the auction website and any intentional/unintentional misleading entries such as inadvertently placed bids.
3.2. The Contractor undertakes to ensure the security of the data provided to it in accordance with the General Data Protection Regulation and the requirements of the legislation of the Republic of Lithuania.
3.3. The Principal shall have the right to recover the debt if the bidder fails to comply with its obligations under the Rules.
3.4. The Principal undertakes to place bets up to the amount specified by the Customer
3.5. The Contractor undertakes to take care of the logistics of the TA from the auction site to the port indicated by the Customer and to clear customs.
3.6. The Contractor shall not be liable for the information provided by the Auctioneer regarding the vehicle, its condition, hidden defects, mileage, completeness or missing parts.
3.7. Limitation of the liability of the principal for vehicle offences
The liability of the Contractor towards the Customer for damage to the vehicle (TP) during transport is limited. The Principal shall not be liable for the condition of the TP or for any additional damage caused at any stage of the process, including but not limited to:
- auction site,
- logistics warehouse,
- transport in a container.
It is recommended that the customer takes out additional transport insurance to cover the cost of possible damage to the vehicle during transport in the container.
3.8. Status and responsibilities of the contractor
The Principal acts only as an intermediary between the Customer and the Auctioneer. The Principal is not the seller of the vehicle and is not responsible for the accuracy of the information, photographs or condition of the vehicle provided by the Auctioneer.
The Principal shall also not be liable for any damage to the vehicle, shortage of parts or any other changes occurring after the auction, during transport or storage.
4. Rights and obligations of the Customer
4.1. The Customer must carefully examine the description of the TA selected in the auction.
4.2. It is the Customer’s responsibility and discretion to make a judgement on the condition of the TA and to consult the TA documentation.
4.3. To place a bet, the Customer must pay the refundable deposit.
4.4. Prior to the purchase of a TP, the Customer shall have the right to check the TP history using the VIN history checker (www.carfax.com).
4.5. By bidding for a TA, the Customer accepts the Auctioneer’s rules, which provide that the vehicle is sold without the possibility of return.
4.6. The customer must pay the invoices within the stipulated period (1-2 days). The Customer agrees to pay the costs incurred which are not the fault of the Contractor.
4.7. The Customer undertakes to purchase the TA in accordance with the photographs submitted at the auction, on the understanding that there may be invisible defects of which the Principal and the Auctioneer may not have been aware and which have not been detected prior to the commencement of the auction. This shall not be a ground for the successful bidder to refuse to purchase the TA or to reduce the purchase price.
4.8. After receiving the port photos, the customer has 3 working days to assess whether the car arrived at the port with the equipment as seen in the auction photos, including damaged parts that were placed separately from the car. If no claims are made within this time limit, the vehicle shall be deemed to have been received in the correct condition and assembly and no further claims for damage or missing parts shall be accepted.
4.9. The Customer understands that the deposit is forfeited in the event of withdrawal of the winning TP.
4.10. The Customer understands and agrees that the vehicle descriptions used by the Auctioneer, such as “Run & Drive”, “Starts”, “Stationary” or similar, are for information purposes only and do not constitute a guarantee of the vehicle’s technical condition or functionality. The Promoter shall not be liable if the vehicle fails to start, run or has additional technical faults after purchase or transport.
5. Fines
5.1. If you win an auction but fail to pay the required amount on time, the following financial penalties apply:
“Copart: 50 USD / 1 d. In the event that the Customer is more than 7 days late in paying the invoice, the Auctioneer shall deem the auction to be cancelled and the Customer shall be obliged to pay 10% of the amount of the auction and the auction fees up to a minimum of USD 600.
“IAAI: 50 USD / 1 day or 2% of the amount of the auction and auction fees, whichever is higher. In the event that the Customer is more than 7 days late in paying the invoice, the Auctioneer shall deem the auction to be cancelled and the Customer shall be obliged to pay 15% of the amount of the auction and the auction fees, but not less than USD 1000.
6. Deposit and return of deposit
6.1. The fulfilment of the Customer’s obligations under the Rules shall be secured by a financial deposit, unless otherwise agreed by the parties by way of request.
6.2. In the event of default, the Contractor shall be entitled to use the financial deposit to cover the costs incurred.
6.3. The deposit is forfeited if the Customer renounces the winning TP or fails to pay any outstanding invoices.
6.4. The deposit shall be refunded if the Customer has fulfilled all the obligations set out in the Rules.
6.5 At the Customer’s request, the deposit may be used to cover the price of the TP, but in this case the Customer will not be able to place bids in other auctions.
7. Payment arrangements
7.1. In order to place bets, the Customer must pay a deposit, which will be refunded later.
7.2. If the Customer wins the auction, the Customer must pay the auction bid amount and auction fees.
Payment must be made within 1-2 days.
7.3. Once the TP is loaded into the container, the Customer must pay the logistics costs. Payment must be made within 1-2 days.
7.4. Upon arrival of the TP at the port after customs clearance, the Customer shall be liable for customs duty, VAT and customs brokerage fees. Payment must be made within 1-2 days.
7.5. The Client undertakes to pay the Contractor the remuneration provided for. The payment must be made within 1-2 days.
7.6. The final invoice is issued when the TA is cleared.
7.7. The calculations in the calculator are preliminary, so the final amount may vary slightly.
7.8. All payments can be made by the Customer from his/her user profile using online banking or by wire transfer.
8. Delivery
8.1. TP is delivered from the auction site to the nearest US port within 2-14 days, depending on location.
8.2. TPs arrive in Klaipėda port within 30-52 days, depending on the port location.
8.3. The Customer shall collect the TP from the Port of Klaipėda by its own transport, unless the Customer expresses its wish to have the Contractor arrange delivery of the TP.
9. Claims
9.1. Claims for defects in the auctioned TA may not be made against the Contractor, as the Contractor has no influence on the condition of the TA being sold. The Contractor acts only as an intermediary between the Customer and the auctioneer.
9.2. The Contractor shall not be liable for non-performance of its obligations under the Rules in the event of causes beyond its control which cannot be foreseen or avoided, such as natural disasters (flood, fire, earthquake, pandemic viruses), social unrest (wars, coups, strikes), or the enactment of laws and regulations which complicate, restrict or prohibit the Contractor’s activities. The Contractor shall notify the Client as soon as possible of the occurrence of ForceMajeure and shall discuss delays or termination of the contract.
10. Other provisions
10.1. The Rules shall enter into force on the date of consent. The Rules shall be valid for an unlimited period.
10.2. Strict enforcement of commitments is an essential condition for compliance.
10.3. Any dispute, controversy or claim arising out of or in connection with these rules shall be settled by negotiation. If the Parties are unable to reach an agreement, such dispute, controversy or claim shall be settled in the courts of the Republic of Lithuania in accordance with the laws of the Republic of Lithuania.