Marketplace arbitration policy — Australia

Contact: 1800 404 997 · support@evalexpert.com · Governing law: Queensland, Australia

EvalExpert enforces an Arbitration Policy to safeguard the interests of both the buyers and sellers using our platform.

For any disputes that may arise, EvalExpert actively collaborates with both the buyer and seller to maintain impartiality. It's essential that all vehicles listed for sale on the platform are depicted accurately, and it's equally important for buyers to conduct thorough research on the vehicle prior to making a bid.

The following policy outlines our policy where arbitration is required. For any clarifications or queries on the policy, our Customer Success Team can be reached at 1800 404 997 or via email at support@evalexpert.com

This policy should be read in conjunction with our Marketplace terms, which are available at Marketplace Terms

EvalExpert maintains a strict policy against sellers who misrepresent their vehicles and buyers who raise disputes when the vehicle's description has been accurately provided by the seller. This policy ensures that sellers can conduct transactions securely on the EvalExpert Marketplace and buyers can make purchases with the confidence and assurance that any concerns will be addressed.

EvalExpert Marketplace Arbitration Policy — Summary

1. Sellers are responsible for accurately describing the vehicles.
2. Buyers are responsible for reviewing the listing in detail before bidding.
3. Sellers are responsible for completing the sale and selling the car to the highest bidder (above reserve, after auction close) or the Buy Now buyer.
4. Buyers are responsible for sending payment and collecting the vehicle after winning an auction or purchasing using Buy Now.
5. Sellers are responsible to ensure that all vehicles listed are available for sale, and not already sold or unavailable.
6. In the event that the Buyer or Seller has not fulfilled their obligations, or described a vehicle correctly, then it is arbitrable via EvalExpert in accordance with the arbitration policy.
7. Arbitration requests must be submitted within 48 hours of the vehicle being delivered, or a party failing to fulfil their obligations, in writing to support@evalexpert.com.

Seller Obligations

1. The Seller will disclose all material facts about the history and condition of Vehicles offered for sale. It is the Seller's obligation to fairly represent its Vehicle and to correct any errors made regarding disclosed conditions. The Seller is responsible for the accuracy and completeness of all disclosures regardless of whether the Seller relied on the EvalExpert application or any third-party resources (e.g. inspection product, vehicle listing service, electronic data vehicle history report, vehicle registration decoder, etc.).
2. Photographs and video must accurately and fairly represent the condition of the Vehicle. Photographs/video of damage or other conditions that could materially affect the value of a Vehicle should be provided.
3. The Seller is required to give clear title to the vehicle upon handover, and disclose if the car is currently registered as written off or stolen upon listing the vehicle.
4. The Seller is responsible for ensuring that all vehicles currently listed are available for sale. Vehicles should not be listed simultaneously for sale on multiple platforms if there is a chance the vehicle is sold elsewhere and a sale can't be fulfilled if a Buyer purchases through the EvalExpert Marketplace.
5. The Seller is responsible for invoicing the Buyer immediately after purchase, whether via Buy Now or by invoicing the highest bidder after an auction closes above reserve.
6. The Seller cannot add any additional fees to the sale of the car or to the price the Buyer has to pay, including vehicle loads and processing fees.

Buyer Obligations

1. The buyer should make all relevant checks, enquiries and inspections before placing a bid or purchasing by Buy Now. Bids or Buy Now offers are final and not contingent on additional checks or conditions.
2. Upon successfully winning the car in an auction or through Buy Now, the Buyer is obligated to make payment to the seller within two working days.
3. After paying for the car, the Buyer is obligated to collect the car, either directly or by organising transport, within two working days.

Arbitration Policy

1. EvalExpert offers an arbitration service to resolve disputes between Buyers and Sellers. The arbitration process is designed to be fair, impartial, quick, and economical.
2. By accessing the EvalExpert Marketplace or otherwise using EvalExpert services, you acknowledge and agree that any dispute arising from the purchase or sale of a vehicle will be resolved in accordance with this policy.
3. Before bidding on a vehicle, both buyer and seller are required to know the arbitration rules in place for the vehicle. Buyers should carefully review all disclosed information including descriptions, photos, videos, condition reports and vehicle history reports. To preserve arbitration rights, Buyers are strongly encouraged to be diligent in inspecting and researching vehicle purchases within the relevant arbitration period.

Making an Arbitration Claim

1. Start Arbitration Claim. Before starting a Claim, the Buyer must pay all amounts owing for the vehicle including any transportation costs. The Buyer starts an arbitration claim by submitting appropriate information and documentation by email to support@evalexpert.com within 48 hours of vehicle delivery, including: Buyer's name and phone number; contact person and phone number; Vehicle registration, VIN, model and year; delivery time; and a description of the issue(s) with supporting documentation/photos/videos.
2. Arbitration Consideration & Review. Upon receiving the claim, EvalExpert will review the details. The Buyer may be requested to additionally provide, at their expense: digital photographs of the defect(s); diagnostic reporting and wholesale (not retail) repair estimates from an independent source, or evidence of an appointment to obtain such estimates; bill of lading, transport release form or other delivery receipt; and any other information EvalExpert deems relevant. Failure to provide these in a timely manner may result in the claim being declined.
3. Seller Response. The Seller has two business days to respond to the arbitrator's inquiries and preliminary findings. If the seller fails to respond in time, the arbitrator may decide the claim without further input. If the arbitration results in cancellation of the sale or another remedy favouring the Buyer, the Seller must reimburse the Buyer's transportation costs and up to $100 of repair-estimate costs (verified by invoice, before tax). The Seller must pay any awarded amount within three business days, or EvalExpert may assess a late payment charge and/or deduct the amount from payments owed to the Seller.
4. Buyer's Obligations. The Buyer will not use any vehicle subject to an arbitration claim (other than test driving, not exceeding 100km) and must, at their own expense, take reasonable steps to care for, preserve, secure and store the vehicle pending a decision. The Buyer is not entitled to charge parking, marshalling or other preservation fees, and will be charged for any damage or breach of this provision.
5. Lengthening the Arbitration Period. EvalExpert may lengthen the arbitration period where fair and reasonable. Buyers are also required to be diligent in inspecting and researching purchases — if a potential issue could reasonably have been discovered within the applicable period, an exception is unlikely to be made.
6. Investigation. The Arbitrator reviews only issues identified in the initial claim, and may consult the Buyer, Seller, mechanics, trained inspectors or other automotive professionals, or refer the vehicle to a specialty shop.
7. Decision. After investigation, the Arbitrator decides whether the claim is valid, may attempt to mediate a resolution, and otherwise decides the appropriate remedy, if any.
8. Remedies. The Arbitrator has broad discretion to grant any fair and reasonable remedy — to fairly compensate the Buyer's loss. In some cases (e.g. where a disclosure doesn't affect vehicle value) there may be no loss and thus no remedy. Remedies could include: cancellation and refund, reimbursement of costs/expenses including transport, partial refund, repair at the Seller's expense or apportioned cost, or no compensation.
9. Arbitration Fees and Costs. EvalExpert may assess an arbitration fee against the Buyer and/or Seller, and determine liability for any investigation costs it incurs (e.g. referral to an external resource, towing, transportation). Arbitrations resulting in cancellation may be subject to a void fee at EvalExpert's discretion. Fees already paid will not be refunded.
10. Finality. The Arbitrator's decision and remedy are final and binding. By accessing the Marketplace, Buyer and Seller agree to participate in and be bound by the arbitration process. Upon fulfilling the decision, both parties release each other from all claims relating to the arbitrated matter.
11. Limitations on the Availability of Arbitration. EvalExpert reserves the right to allow arbitration outside the limitations below if it determines the Seller engaged in Major Deception.

Arbitration is not available for the following

• Matters that were properly disclosed as Seller Disclosures. Exceptions: None.
• Matters disclosed in a PPSR report, vehicle appraisal, vehicle detail page, condition report or similar source made available to the Buyer before the sale is finalised. Exceptions: None.
• As-traded vehicles. Exceptions: Odometer (roll back, replaced, total km unknown), existing structural/frame damage, major engine/transmission issues.
• Matters raised outside the applicable arbitration period. Exceptions: At EvalExpert's discretion.
• General reconditioning items and normal wear and tear. Exceptions: None.

Additional Terms & Conditions

1. Customers. Arbitration is available to EvalExpert's Buyers and Sellers only, not their customers, and not if the buyer no longer possesses or owns the Vehicle.
2. Legal Proceedings. No action or legal proceeding will be commenced by the Buyer or Seller against each other concerning any matter that is or was the subject of arbitration (except to enforce the Arbitrator's decision), or any matter for which arbitration is unavailable under these terms (unless because the time limit has expired). No action or legal proceeding will be commenced against EvalExpert or any EvalExpert Partner for any matter related to the Marketplace or its services, including arbitration. Buyer and Seller release and waive all rights, remedies, claims and causes of action against EvalExpert and its partners arising from use of the Marketplace or its services.
3. Additional Information. Arbitration is not a tool for price reduction or "buyer's remorse". Buyers should avoid impulse buying and review all information thoroughly before bidding — used vehicles generally have flaws and may require repairs, and buyers should allow for this. Arbitration cases are regularly monitored; sellers or buyers who repeatedly misrepresent vehicles or submit questionable claims may have their access suspended.
4. Wearable Items. Wearable items are parts the manufacturer recognises for replacement or adjustment during the vehicle's expected life (e.g. wipers, brake pads, rotors, callipers, belts, hoses, tyres, lubricants, fluids, filters, clutch, shocks and struts). Normal wear and tear means damage considered normal for the vehicle's age and distance travelled, not breaking the paint — minor nicks, cuts or scuffs. Arbitration cannot be based on noises or conditions inherent to a particular model or manufacturer, unless deemed excessive against OEM dealer warranty guidelines.

Governing Law and Jurisdiction

This Arbitration Policy is governed by and construed in accordance with the laws of Queensland, Australia. The courts of Queensland, Australia have exclusive jurisdiction to settle any disputes arising out of or in connection with this Policy.

Modifications

EvalExpert reserves the right to modify this policy at any time. We will notify users of any changes before they take effect. Continued use of our platform after notice indicates acknowledgement and agreement to the updated terms.

Repeated Arbitration Cases

If any buyer or seller is subject to three arbitration outcomes not in their favour within a twelve-month period, they will be barred from the service, to maintain a safe and trustworthy marketplace. Upon the third case loss: the user will be notified of the impending ban; the ban takes effect immediately upon resolution of the third case; the ban may, at EvalExpert's discretion, cover all users at their company (including sister companies and related entities); and the ban lasts a minimum of twelve months, after which the user may request a review — reinstatement is at the sole discretion of marketplace management. Banned users have no platform access during the ban period, and EvalExpert may reject future account creation attempts during that time.

By using the EvalExpert Marketplace, users acknowledge that they have read and understood this policy and agree to be bound by its terms and conditions. You also agree that you have the authority to accept and bind the company associated with your user account.