Marketplace arbitration policy — MENA

Contact: +971 4 570 5678 · support@evalexpert.com · Governing law: UAE (DIFC Courts)

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 +971 4 570 5678 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 outlined here within.
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

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 sellers 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. Buyers can start an arbitration claim by submitting appropriate information and documentation by email to support@evalexpert.com within 48 hours from 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 of the purchase price, confiscation of security deposit, 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. If a security deposit is confiscated as part of a remedy, a minimum of 20% of the amount will be charged by EvalExpert as a fee.
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 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

This document is governed by the law of the UAE. Any dispute, difference, controversy or claim arising out of or in connection with this contract — including any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies — is subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (the "DIFC Courts").

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.

Appendix 1 — Summary of buyers and sellers' obligations

Sellers Obligations

• Disclosure of Facts: Must disclose all relevant facts about the vehicle's history and condition, ensuring accuracy and completeness of all disclosed information, regardless of whether the Seller has 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.).
• Advertisement Accuracy: Photographs and videos must accurately represent the vehicle's condition, including any damage.
• Clear Title Handover: Must ensure clear title upon vehicle handover and disclose when selling if the vehicle is written off, stolen, or under mortgage.
• Availability: Responsible for ensuring listed vehicles are available and not listed for sale on multiple platforms simultaneously.
• Invoicing: Must invoice the buyer immediately after purchase through Buy Now or auction.
• Additional Fees: Must disclose any additional fees related to the vehicle sale.

Buyer Obligations

• Checks and inspections: The buyer should make all relevant checks, enquiries, and inspections before placing a bid or purchasing using Buy Now. Bids or Buy Now offers are final and are not contingent on any additional checks or other conditions.
• Security Deposit: A security deposit of 5,000 AED is required to purchase a vehicle in the Marketplace.
• Making payments: 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.
• Vehicle collection: After paying for the car, the Buyer is obligated to collect the car, either directly or by organising transport from the seller, within 5 days of deal closure.

Appendix 2 — Security Deposit Policy

• Security Deposit Requirement: Buyers are required to provide a security deposit before placing any bids or making any purchases. The security deposit is equal to 5,000 AED.
• Forms of Security Deposit: Bank transfer/deposit, or a real-time hold for up to 10 days on a credit card.
• Purpose of the Security Deposit: Held by EvalExpert to safeguard against instances where the buyer fails to fulfil their commitment to complete the purchase.
• Security Deposit return/refund: Returned upon successful completion of vehicle handover, which must be completed within 7 days.
• Acceptance of Terms: By participating in transactions on the EvalExpert Marketplace, buyers signify their acceptance of these terms. Failure to comply may result in termination of the transaction and forfeiture of the security deposit.
• Extension of Deposit and/or Additional Freezes: If an arbitration case is lodged, the security deposit may be held for longer until resolved, or placed back on hold if already released.
• Security Deposit Release & Refunds: Bank transfer/deposit refunds can be requested by writing to accounts@evalexpert.com — participation is frozen upon confirmation and funds returned within 30 calendar days. Credit card pre-authorisation is released after successful completion of a transaction (subject to bank delays).

Appendix 3 — Arbitration Examples

Scenario: Rejecting the vehicle purchase due to non-inspection. Where the buyer refuses to collect/accept the car because they need to have it inspected physically, having not done so before confirming the purchase online. Outcome — Deposit Forfeited: up to 5,000 AED. All buyers should carry out any inspections before bidding.

Scenario: Did not confirm regional specifications. The car is accurately advertised with regional specs (e.g. American spec) and the buyer does not note this before purchase and wishes to cancel. Outcome — Deposit Forfeited: up to 5,000 AED. Buyers should thoroughly read listings and confirm with the seller if in doubt.

Scenario: Did not think the final bid/purchase was binding. The buyer wins an auction but no longer wishes to purchase. Outcome — Deposit Forfeited: up to 5,000 AED. All bids are binding.

Scenario: Buyer no longer wants the car / doesn't meet requirements / won too many other cars. Outcome — Deposit Forfeited: up to 5,000 AED. All bids are binding.

Scenario: Failing to complete payments and/or collections within the allotted timeframe. Payment must be completed within 2 working days, collection within 5 days. Outcome — Deposit Forfeited: up to 5,000 AED, unless mutual agreement in writing. The buyer is responsible for paying and collecting after auction/Buy Now closes.

Scenario: Vehicle has minor scratches/scuffed rims not mentioned in the listing. If listed "showroom ready" and not noted in description/photos/reconditioning notes, the buyer does not have to purchase and the deposit is released. If listed "as traded" and normal for the car's age/mileage (listed or not), the buyer must purchase or forfeit the deposit. Outcome — Depends on Listing.

Scenario: Vehicle is not as described, with mechanical issues (engine lights/gearbox/suspension etc.). "Showroom ready" listings should have no major mechanical issues — if found, the buyer need not complete the purchase and the deposit is released. For "as traded" listings, only major undisclosed issues are considered, based on whether the seller ought reasonably to have known. Outcome — Depends on Listing and Severity.

Scenario: Vehicle is described/photographed with some damage, but the damage is more serious than indicated. "Showroom ready" listings should have no damage. For "as traded" listings, unless the damage is significantly greater than described and unreasonable for the car's age/mileage, the buyer must purchase or forfeit the deposit. Outcome — Depends on Listing and Severity.

Scenario: Vehicle has had several/all panels repainted, not noted on the listing. For "showroom ready" listings, up to three repainted panels (to normal industry standard) needn't be disclosed. For "as traded" listings, unless more than three panels are repainted or accident damage is visually evident, disclosure isn't required. Outcome — Depends on Extent of Repainted Panels.

Scenario: Vehicle has undisclosed prior collision damage. Sellers should ordinarily investigate whether a car has had collision damage (panels replaced, not a SMART repair). EvalExpert decides based on the extent of damage and reasonableness of disclosure. Outcome — Depends on Circumstances.

Scenario: Vehicle is not as described, and the interior has stains/cuts/burns found after purchase. Outcome — Deposit status reviewed: for "showroom ready" listings, the deposit is released to the buyer (unless disclosed in reconditioning notes/photos); for "as traded" listings, the deposit is forfeited (up to 5,000 AED) — buyers are responsible for checking the car before buying.

Scenario: Vehicle doesn't pass an RTA test despite the listing stating it would. Outcome: if raised within 48 hours of delivery, the seller must either rectify the car so it passes (or compensate the buyer equivalently) or repurchase the car, bearing all transaction expenses.

Scenario: Vehicle's tyres need replacing / are worn, flat or bubbled (below 1.6mm tread). Outcome — Deposit status reviewed: if the listing stated the car would pass an RTA test and the tyres won't allow that, the buyer need not purchase and the deposit is released; if the listing stated the car would not pass an RTA test, the buyer must purchase regardless of tyre condition.

Scenario: Seller does not make the car available. Where the seller doesn't allow collection within the agreed timeframe. Outcome — Deposit Released: made available to the buyer to use toward other cars.