|Introductory Package 1 Year Unlimited Postings.
May 25, 2020
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Terms & Conditions
This agreement is between:
New Car Sell Off a division of 0907085 B.C. Limited ("NCS") hereinafter referred to as New Car Sell Off AND _______
referred to as DEALER.
- New Car Sell Off will provide:
- A website for advertising new and used vehicles from franchised new vehicle dealers and used vehicle dealers
- General advertising and promotion of the site
- Technical support
- TERM:This service is provided for the term listed above.
- PAYMENT TERMS:The DEALER agrees to pay their monthly subscription and all other agreed to service fees with in 14 days from their date of billing. Activation fees and subscription fees paid are non-refundable.
- DEALER LISTED INVENTORY:New Car Sell Off believes the quality of the listing is essential in helping the dealership sell their vehicles. In order to post on our site, the dealer agrees to the following terms and conditions when
uploading vehicle information.
For vehicles listed as "New", the dealer agrees to the following:
- The DEALER agrees that all vehicles they post must be new (they can be demos, current or past models as long as they have never registered to a consumer)
- Dealer must take a minimum of 6 quality pictures of the actual vehicle: front straight on, side, rear, odometer,front interior, and rear interior. Provisions are made for up to 50 pictures. Additional pictures can be taken focusing on the vehicles key features
- List all the equipment accurately.
- List all the programs available such as finance, rebates, free gas etc
- Advertise the correct MSRP, rebates and any additional cash discount you choose to offer
- Add-ons are to be listed and are to be priced at your retail price
- Monitor their postings on an ongoing basis to reflect changes in manufacturers' rebates, finance incentives and
seasonality of pictures
- Remove sold inventory upon completion of sale
- Provide us with the information of whether or not it sold thru a lead from the site
- Try to designate one salesman to deal with leads and have them accessible thru text, email or mobile direct
- Any vehicle history must be listed – i.e. freight damage, demo, warranty start
- The dealer gives New Car Sell Off the discretion to modify any listing they post in order to make the listing
more complete. Any price adjustment will be done with the dealer's consent.
- When a vehicle is marked as sold, it will remain on New Car Sell Off for thirty days
- New Car Sell Off reserves the right to audit the postings and suspend those ads that don’t meet these requirements
For vehicles listed as “Used”, the dealer agrees to the following:
- The Dealer must list accurately all the equipment
- The dealer must post the actual mileage. Vehicles with less than 15000kms per model year will be considered
"low mileage" and they will receive a star automatically for meeting these criteria.
- The dealer must advertise the price
- The dealer must indicate the condition of the vehicle according to our star rating
The dealer is responsible for marking the appropriate boxes in order for the star ranking to work. The boxes will
automatically default to vehicle inspected, vehicle cosmetically reconditioned. The accident box will be left open,indicating the vehicle has been in an accident in order to avoid a situation where the vehicle is falsely represented.The warranty box will also remain unchecked.THESE BOXES WILL BE THE DEALERS RESPONSIBILITY TO PROPERLY FILL OUT IN ORDER TO GET THE PROPER RANKING
The dealer gives New Car Sell Off the discretion to modify any listing they post in order to make the listing more
complete. Any price adjustment will be done with the dealer’s consent
When a vehicle is marked as sold, it will remain on New Car Sell Off for thirty days.
New Car Sell Off reserves the right to audit the postings and suspend those ads that don’t meet these requirementsDealers are responsible for adhering to provincial and federal advertising standards and any provincial automotive sales
authority regulations. New Car Sell Off is in no way liable for the advertising content or the way it is displayed by the
- Whether the vehicle has knowingly been in an accident
- If the vehicle has been mechanically inspected
- If the vehicle has been cosmetically and mechanically reconditioned
- If the vehicle has warranty – either remainder of factory or if the vehicle comes with an aftermarket
warranty. If it has an aftermarket warranty, the warranty coverage must be indicated and included in the
- COMPANY SUPPORT. New Car Sell Off shall provide our basic support for the purchased services to CLIENTS at
no additional charge available Monday-Friday 8:30-4:30(PST) except for statutory holidays
- TECHNICAL DISRUPTIONS. New Car Sell Off will attempt to keep the website operational at all times.
New Car Sell Off cannot be liable for the unavailability of the website caused by circumstances beyond their
reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest,
acts of terror, strikes or other labour problems (other than those involving New Car Sell Off's employees),
internet service provider failures or delays, or denial of service attacks, or other. As part of regular service and
site upgrades, there will be times that the website will be out of service for planned downtime.
- THIRD PARTY SITES. New Car Sell Off cannot be held responsible for downtime due to third party sites and cannot be held accountable for inaccuracies in the data from these sites.
- PROTECTION OF DATA. New Car Sell Off shall maintain appropriate administrative, physical, and technical
safeguards for protection of the security, confidentiality and integrity of data. New Car Sell Off shall not (a) disclose
the DEALER'S Data except as compelled by law (Compelled Disclosure) or as expressly permitted in writing by
New Car Sell Off, or (b) access New Car Sell Off Data except to provide the services, usage statistics and to prevent or
address service or technical problems, or at New Car Sell Off's request in connection with customer support matters.
- INVOICING AND PAYMENT.authorizes New Car Sell Off to charge such credit card for the subscription and any renewal. If the DEALER specifies
that payment will be by a method other than a credit card, New Car Sell Off will invoice the DEALER in advance.
Unless otherwise stated in writing, invoiced charges are due within 30 days from the invoice date. The DEALER is
responsible for providing complete and accurate billing and contact information to New Car Sell Off and notifying
New Car Sell Off of any changes to such information. For those accounts requiring billing, New Car Sell Off will submit
an electronic invoice to the designated accounts payable person at the dealership. Alternative billingprocessesavailable
- OVERDUE CHARGES. If any charges are not received from the DEALER by the due date, then at New Car Sell Off'sdiscretion
(a) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and/or
(b) New Car Sell Off may condition future subscription renewals.
- SUSPENSION OF SERVICES. If any amount owing by the DEALER under this or any other agreement for
New Car Sell Off's services is 30 or more days overdue New Car Sell Off may, without limiting other rights
and remedies, accelerate the DEALER'S unpaid fee obligations under such agreements so that all such obligations
become immediately due and payable, and suspend New Car Sell Off's services to the DEALER until such amounts are
paid in full. New Car Sell Off will give the DEALER at least 7 days prior notice that the DEALER'S account is overdue
before suspending services to the DEALER
- PAYMENT DISPUTES. New Car Sell Off shall not exercise their rights to legally pursue the DEALER if the DEALER
is disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute
- TAXES. Unless otherwise stated, New Car Sell Off’s fees do not include any taxes. The DEALER is responsible for
paying all taxes associated with their purchases. New Car Sell Off has the legal obligation to pay or collect taxes for
which the DEALER is responsible under this paragraph; the appropriate amount shall be invoiced to and paid by
the DEALER, unless the DEALER provides New Car Sell Off with a valid tax exemption certificate authorized by the
appropriate taxing authority.
- AUTOMATIC RENEWAL. By agreeing with these terms and conditions you (A) request that your New Car Sell Off
subscription, rather than expiring at the end of the initial term, automatically renew for a successive term as previously
purchased (six month or one year as contracted) until the Service is terminated by you or New Car Sell Off, (B) authorize
New Car Sell Off at the beginning of each renewal term to charge the account identified above for our then-current
subscription renewal price (plus any applicable taxes), and (C) agree with these terms and conditions. You also authorize
third party payment service providers appointed by New Car Sell Off to process the billing information provided by you
for the purpose of fulfilling your order. This authorization will remain in effect until you cancel your subscription by
notifying NCSO. Any automatically renewed contract requires 30 day notification in order to cancel.
- CANCELLATION POLICY. Any cancellation to a dealer's subscription will be at NCSO's discretion. If a cancellation
is granted, a 90 day penalty will be assessed to the dealer in order to release them from any further obligation to
New Car Sell Off.
- ADDITIONAL SERVICES OR CHARGES During the course of this agreement there may be additional services
offered that are not included in any fixed fee or estimated fee specified within this agreement and may necessitate
additional charges to the DEALER. Such additional services, initiated by New Car Sell Off or the DEALER, will require
the DEALER'S approval.
- WEB QUALITY STANDARDS. New Car Sell Off monitors the website through automated and manual systems to
ensure that the data and dealer listed inventory meets criteria. The DEALER understands that some listings may be
suspended and or may require New Car Sell Off's approval prior to being listed for public exposure.
- The DEALER agrees that it is solely responsible for complying with the laws, taxes, and tariffs related to the sale
of any vehicles or products, and will hold harmless New Car Sell Off and its subcontractors from any claim, suit,
penalty, tax or tariff arising from the DEALER'S sales.
- The DEALER grants New Car Sell Off rights to include all or portions of the DEALER participation and
website metrics in forms of promotion.
- CONTENT - COPYRIGHT - PERMISSIONS
- All material supplied by the DEALER is either owned by the DEALER or the DEALER has obtained all
necessary permissions, licenses, or copyright clearances for the material to be used in the website. The DEALER
has obtained the appropriate releases and permission to use any people, materials, pictures, video or images
created by New Car Sell Off as instructed by the DEALER for this website.
- The DEALER is responsible for the accuracy, completeness and propriety of the information contained in the
vehicle listings. It is also the responsibility of the DEALER to ensure accuracy and correct spelling.
New Car Sell Off shall not be deemed responsible for any errors or omissions whatsoever.
- ERRORS - OMISSIONS - COMPATIBILITY
- In no event shall New Car Sell Off be liable for any other costs or consequential damages resulting from needed
- Due to the variety of operating systems, platforms, browsers, backward compatibility, future software changes
and protocols beyond New Car Sell Off's control, New Car Sell Off cannot and does not warrant that the functions
or operation of the website will be available as intended on all systems, uninterrupted or error-free.
- LIMITED LIABILITY
- The DEALER agrees to indemnify and hold harmless New Car Sell Off and any of its agents, employees,
directors, corporate successors, and assigns, from any and all costs, claims, actions, or liability relative to the
website and or its contents. Without limiting the generality of the foregoing, this includes all the legal costs and
disbursements on a solicitor and own client basis, together with all general, special, aggravated or punitive
damages, and costs and interest, which may be ordered against New Car Sell Off.
- New Car Sell Off and is not liable for any damages arising out of the operation of or inability to operate this
website for any reason.
- TERMINATION CLAUSE. This agreement is binding and subject to the terms set out herein and is only cancellable by
the DEALER within forty-eight (48) hours of the DEALER electronically authorizing or signing this agreement by
written notice with confirmed receipt by New Car Sell Off.
- MISCELLANEOUS PROVISIONS.
- The DEALER is responsible for reviewing and approving, either verbally or in writing, the accuracy of all listings
prior to any listing being posted.
- The DEALER is also responsible for ensuring that any requirements by dealer regulating bodies are met,
as well as any law that could be potentially violated.
- These Terms and Conditions will be governed by and construed in accordance with the laws of the Province of
British Columbia, without giving effect to the conflict of law provisions of British Columbia or the DEALER’S
actual province or country of residence.
- New Car Sell Off, at any time, may terminate or modify these terms of agreement for any reason.
I Agree to the Terms and Conditions