GENERAL TERMS AND CONDITIONS OF SALE
Revision valid as of: September 6th, 2024, Rev. 53
By registering as a Participant (“Participant”) through Copart do Brasil Organização de Leilões Ltda ("Copart do Brasil") and as a condition to participate in all types of auctions, either Online, through the Website maintained by Copart do Brasil (www.copart.com.br) or In-person at any location of Copart do Brasil, or other forms of auctions managed by Copart do Brasil, you agree to the Terms and Conditions set forth below.
The full reading of the Terms and Conditions must be done carefully prior to their acceptance, stressing that by participating in a Copart do Brasil auction, the Participant represents and warrants the reading and understanding of the Terms and Conditions of Sale in their entirety, agreeing to all clauses, being also aware that the rules of the General Terms and Conditions of Sale in force on the day of the Trading Session shall apply to the Auction.
The vehicles offered on Copart do Brasil's website (www.copart.com.br) are auctioned through a Web Platform, whose bidding process takes place in 2 (two) stages:
Stage 1 (Pre-Trading) - Allows the participant to bid on through the Internet before the trading session.
The participant views the bids already done and records their maximum bid based on the bid of highest amount. Automatically, through the Web platform feature, bids according to the set increment value shall be offered on its/his/hers behalf for the selected vehicle during the pre-trading session and also during the trading session until the maximum bid amount is reached.
The pre-trading session ends when the trading session starts, thus, participants can pre-bid until the trading session begins.
In this 1st Stage (Pre-auction), Copart, at its sole discretion, makes an initial bid with the sole purpose of opening the Pre-auction and starting the disputes. The initial bid is not the minimum sales value defined by the Selling Investor and is used as a basis for participants to place bids of their interest.
Stage 2 (Training Session/Auction) - The vehicles offered on Copart do Brasil's website are auctioned in person and online simultaneously.
The face-to-face auction, which is simultaneous to the virtual one, shall be held at Copart do Brasil's premises, published on the Website and Announcements, and shall have its virtual or face-to-face bids announced by the Auctioneer. Similarly, face-to-face bids are visible to Online participants.
The length of the trading session for a given vehicle shall be at the Auctioneer’s discretion.
CLAUSE I - DEFINITIONS
1.- VEHICLES:
1.1. ALL VEHICLES ARE SOLD "AS IS" without warranty from the manufacturer, without warranty of operation and without warranty of replacement of any missing parts, and Copart, the Auctioneer and the Seller are not responsible for the quality, hidden or apparent defects and/or defects.
1.2. Vehicles are all items offered for sale on Copart do Brasil’s websites, including, but not limited to cars, trucks, motorcycles, boats, jet skis, industrial equipment, towing vehicles, trailers, as well as salvage miscellaneous.
1.3. All information and characteristics about the vehicles placed in the Auction were provided solely and exclusively by the Seller Principals, reason why Copart do Brasil and the Auctioneer, without prejudice to item 1.9 provided for in Clause II - Sale Policy of this instrument, are exempt from any inaccuracy, imperfection and/or concealment in this regard. Vehicle information includes, but is not limited to: year, brand, model, vehicle identification number (e.g. "Renavam", and serial or chassis number), title, and claim number. Copart and its Auctioneers and vehicle Seller Principals expressly disclaim any and all representations and warranties relating to vehicles sold through Copart.
1.3.1. The vehicles when registered go through chassis decoding which is a software used to validate the vehicle origin data, such as, but not limited to, the country of manufacture (first 3 characters of the chassis), information that varies according to each manufacturer, such as vehicle model, version, body type, engine and safety items (next 6 characters of the chassis) and vehicle manufacturing data such as year, local code and serial number (last 8 characters of the chassis), reason why some vehicles when decoding the chassis may bring all the versions of the same model, not meaning that the vehicle is a superior model, or a Limited Series, or even from PCD (vehicles intended for people with disabilities and/or mobility problems of other kinds). If this happens, complaints about defects or divergences in the vehicle description will not be accepted, and the interested party must have the vehicle inspected pursuant to item 4 below (Visiting the Vehicles).
1.4. Some vehicles may present FIPE information as being PURELY REFERENTIAL information and may not represent the real market value of such vehicles, so it does not exempt the Participant concerned from conducting consultations that they deem pertinent about the market price in official bodies.
1.5. Some vehicles may feature Remarked, Wrinkled or Rusty Chassis and may also be Armored, and even if not advertised on the Sites or other media, with the need for regularization, shall be the sole responsibility of the participants/bidders, as well as all charges.
1.5.1. For vehicles with rescheduled chassis and engine numbering, if there is a need for reissue or replacement of nameplates or tags, both the request for authorization before DETRAN for remission, as well as the costs of acquisition with the authorized company and other inherent expenses the process shall be the sole and exclusive responsibility of the bidder.
1.6. Copart and the Auctioneer are not guarantee the mechanical, electrical, electronic or hydraulic regularity of the vehicles, nor are they responsible for the lack of mandatory parts and components such as: - Wheel wrench, jack, triangle, extinguisher, lack of keys and manuals , among other items considered original from the vehicle manufacturer..
1.7. Copart and the auctioneer are not liable for debts of any kind that may accrue to the vehicles offered at Auctions such as, but not limited to, expired documentation, traffic tickets, receipt, IPVAs, etc., except as provided in the Specific Conditions of each vehicle.
1.8. All participants/bidders are aware that vehicles may not be fit for use as a means of transportation and may require substantial repairs and expenses. Repair or disassembly of vehicles in Copart’s facilities is strictly prohibited. All participants/bidders should arrange for the removal of safely purchased vehicles from Copart’s facilities and prior to performing any repairs or disassembly.
1.9. For ARMORED vehicles there shall be no warranty, and any and all regularization and transfer with the competent bodies will be borne by the bidder, who must comply with the criteria of current Legislation that provides for armoring vehicle.
1.10 Copart is not responsible for defects, errors or omissions related to vehicles with the traffic department, federal revenue or any other government entity.
1.11. In compliance with CONTRAN Resolution no. 611 of May 24th, 2016, which regulates Federal Law no. 12.977 of May 20th, 2014, end-of-shelf-life vehicles sold at auction as unrecoverable and scraps may be without safety belts and other safety items, and buyers/bidders are not entitled to claims.
1.12. Vehicles that have the logo or any symbol referring to the Seller Customer may have parts painted to mischaracterize the Seller Customer.
1.13. For CRASHED VEHICLES, the buyer/buyer is obliged, after the total recovery of damages to the vehicle and provided with Invoice(s) of any and all service(s) and part(s), arrange for the issuance of a CERTIFICATE OF VEICULAR SAFETY (CSV) with an institution accredited by INMETRO for these purposes. Carry out a sealed inspection with the DETRAN of the place of domicile and transfer the buyer/buyer and send the two documents together with the original Invoice(s) to a forwarding agent in São Paulo, so that the restriction of the damaged vehicle is unblocked, running these expenses on behalf of the BUYER. IMPORTANT: The damaged vehicles, for which INMETRO's report is required to settle the claim, will contain the CSV number in the document, even after any transfers of ownership, according to the CONTRAN Resolution in force.
1.14. Vehicles that have the RESTRICTION/BLOCK with government agencies due to exclusion/alteration of natural GAS vehicles, CNG will be the exclusive responsibility of the BUYER to carry out the CSV report to regularize the restriction. After the restriction has been regularized, an accredited company (dispatcher) must be contacted to carry out the procedures to government agencies, to issue a letter from the DETRAN releasing the INMETRO report to remove the CNG information from the system.
1.15. Vehicles that have the self-destructive tags (ETA) damaged and/or missing, it will be the buyer's responsibility to request the 2nd copy of the tags to the manufacturer or the dealership through the request letter issued by DETRAN, it will be delivered together with the Certificate Vehicle Registration Certificate (CRV) and/or Electronic Vehicle Ownership Transfer Authorization (ATPV-e).
1.16. Vehicles marked as re-recorded, alphanumeric characters of the re-marked glass recording. If necessary, the replacement of the glasses will be the sole responsibility of the bidder, as well as all procedures, fees and charges.
1.17. Vehicles without CNG KIT installed, but with the information in the CRV/ATPV-e in the CNG fuel field, the regularization, as well as fees and charges will be the exclusive responsibility of the buyer.
1.18. The Bidder/Buyer will be responsible for all expenses arising from the eventual need for repairs, replacement of vehicle parts or their regularization with competent bodies.
2. - DESCRIPTIONS “ENGINE STARTS” OR “ENGINE STARTS AND GEARS”:
2.1. Some vehicles offered at auction have indicative information regarding their condition, which may be: “ENGINE STARTS” or “ENGINE STARTS AND GEARS” and has the following meanings:
2.1.1. ENGINE STARTS: This means that when the vehicle arrived at Copart's yard, it was checked and at the time of this check the vehicle had the following functionality conditions: (I) it turned on the ignition; and (ii) it started. Note: There is no indication or warranty that this vehicle is in good working conditions or that it can be legally steered on roads throughout the country, and there is no guarantee that the vehicle will (i) start (ii) drive, or (iii) move forward by self-drive as it is removed from Copart's facilities. The vehicle is auctioned off as is, without any guarantee that the above functional conditions shall be met on the vehicle at the time of its inspection or withdrawal, and it is the sole responsibility of the auctioneer to visit the vehicle even before it be auctioned off. Once purchased and removed from Copart's facilities, the auctioneer accepts the vehicle "As-is."
2.1.2. ENGINE STARTS AND GEARS: This means that when the vehicle arrived at Copart's yard, it was checked and at the time of this check the vehicle had the following functionality conditions: (i) it started; (ii) it geared; and (iii) it indicated traction. Note: There is no indication or warranty that this vehicle is in good working conditions or that it can be legally steered on roads throughout the country, and there is no guarantee that the vehicle will (i) start (ii) drive or (iii) move forward by self-drive as it is removed from Copart's facilities. The vehicle is auctioned off as is, without any guarantee that the above functional conditions shall be met on the vehicle at the time of its inspection or withdrawal, and it is the sole responsibility of the auctioneer to visit the vehicle even before it be auctioned off. Once purchased and removed from Copart's facilities, the auctioneer accepts the vehicle "As-is."
2.2. The above mentioned verification conditions on certain vehicles DO NOT change the nature of the auctioning business nor should it be used as a warranty, so this verification does not guarantee that the engines shall function perfectly as they depend on the conditions they are in, malfunctions and other factors inherent to the vehicles ones, thus, the perfect functioning is not guaranteed. This is an indicative information provided to the auctioneers in order to make them aware of the vehicle’s conditions at the time they were received in the yard. It should be noted that the vehicle(s) is(are) sold AS-IS(ARE).
2.3. ANY DIFFERENCE IN THE ENGINE NUMBER, EXCHANGE, CHASSIS OXIDATION, REQUIREMENT OF REMARKING, REMOVAL OF PLOTTING / ADHESIVES, AND REGULARIZATION OF RECALL OF VEHICLES, EVEN IF NOT INFORMED IN THE CATALOG, THE COSTS AND REGULARIZATION OF THE COMPLIANCE WILL BE EXCLUSIVE.
2.4. If the no. of the ENGINE, physically constant in the vehicles, are different from the no. registered in DETRAN (BIN), and they do not have theft complaint, the regularization, as well as exchange, inspection and other procedures, if necessary, shall be up to the bidders.
CLAUSE II - SALE POLICY
3. - GENERAL RULE:
3.1. To participate in the Auction it is mandatory for the Participant to READ and fully AGREE with the terms of this Instrument and to be duly Qualified according to Clause III, which provides for the Qualification and Participation of this instrument. Under no circumstances shall the entry and participation of persons who are not qualified or who have their Qualification suspended and/or qualified as an impeded participant before Copart be allowed.
3.1.1. For each week and/or each auction Copart may set purchase limits per Participant, according to the bidding modality (In-person or Online).
3.1.2. Copart and the Auctioneer reserve the right, without prior notice, at their own discretion and at any time, to reduce, increase or even completely cancel the purchase limit of any participant in either Online or In-person auctions.
3.2. Copart and the Auctioneer may, at their discretion, collect, unfold, exit the order of the catalog, include or rectify any information not disclosed in public notices or withdraw any Lot contained in this auction even if published.
3.3. The vehicles shall be sold “One” to “One” or in “Lots” to the highest bidder, reserving the Selling Principals' right to authorize the sale of the vehicle to the highest bidder offered.
3.4. The Auction always takes place on the dates and times provided on the website and in the Announcements published prior to the trading session date and shall be held by an official Auctioneer, duly registered with the State Trade Board where the Auction shall be celebrated.
3.5. The Bidder is aware that his/her CPF [Individual Taxpayer's Registration Number] shall be consulted shortly after the auction and, if the CPF is inactive, his/her bid shall be canceled, making this lot available for transfer until the end of the trading session.
3.6. No complaints from third parties, with whom the Bidders come to negotiate the Auction Lots, shall be accepted unless these third parties become buyers of the lots after their payment and consequent issuance of Order and Sales Invoice on their behalf.
3.7. Copart reserves the right to reject or void bids, at no burden and for any reason, at Copart's sole and absolute discretion. In the event of dispute over an offer, Copart is the only deciding authority with sole and exclusive discretion in resolving disputes. The Participants/Bidders agree to indemnify, defend and hold Copart exempt from all liability arising from decisions made in dispute resolution.
3.8. Copart, the Auctioneer and the Seller Principals are not responsible for the information and photos disclosed, as they are for informational purposes only, not exempting the Participant from prior inspection to verify the actual condition of the vehicle.
3.9. Copart and the Auctioneer disclaim liability and expenses due to proven typographical errors whether in the descriptions, amounts or any other Lot information described in any of their advertisements, including, but not limited to, auction catalogs, Internet information and Auction Contracts. Any errors made in these printed matters/announcements shall not entitle Participants/Bidders to cancel sales or claim indemnities of any kind for Copart and Auctioneer, and Copart and Auctioneer reserve the right to rectify the information to cover omissions or to eliminate accidental misstatements verified during and/or after the auction.
3.10. Copart, the Auctioneer and the Seller Principal may, at their sole and absolute discretion and with or without notice, before or after payment, postpone or cancel a sale or withdraw a vehicle from an Auction at no charge. Copart, the Auctioneer and the Selling Principal shall have no liability or obligation as a result of the revocation of the vehicle or canceled sale or postponement. In addition, Copart, the Auctioneer and the Selling Principal reserve the right to cancel or reverse a sale transaction in the event of fraud, misrepresentation, visible defects in the description or information in the bidding of vehicles. In the event that a sale is canceled by Copart, the Auctioneer and/or Selling Principal after payment of the Lot, Copart shall return the payment amount to the Bidder’s account. If there has been a transfer of title, the return of the amount shall occur in the Bidder's account upon the consent of both the Bidder and the New Holder to whom the lot was transferred. The return of the amount shall occur within a maximum of ten (10) business days from the date of delivery of the documentation required for reimbursement.
3.11 Virtual bids prevail over face-to-face Bids of equal amounts.
3.12. During the auction, if the highest bid does not reach the minimum sales price of the Lot established by the Selling Investor, the offer may be accepted as Conditional, noting that acceptance is optional for the Auctioneer, Copart and the Selling Investor. When bidding via Online, acceptance of the Conditional offer by the Bidder is mandatory at the time of confirming the bid.
3.12.1 Upon confirmation of winning bid as Conditional approval of Conditional shall be under review by the Seller Principal, which may or may not be approved within three (3) BUSINESS DAYS from the auction date in which Bidder may not give up of the proposals and bids offered. If approved, the conditional bid shall go to sold status.
3.12.2. It is the sole responsibility of the Bidder to monitor the status of your Lot on the website (www.copart.com.br) in the “My Account” section and/or contact the Call Center via phone number +55 (11) 3651-8800..
3.13. Bids offered may not be reversed, deleted or canceled, and only the Official Auctioneer shall be, at his/her sole discretion, during or after the auction, authorized to cancel bids, winners or otherwise, in the event of any apparent flaw, misrepresentation and/or visible defects in the bid information.
3.14. The Bidder is fully aware that by bidding in person, via Website, mobile applications or any other means permitted by Copart, he/she/it shall automatically accept these General Terms and Conditions of Sale, as well as the Specific Conditions of each Seller Principal present on our Website www.copart.com.br along with the vehicle data, being solely responsible for the prior analysis of these and all these Conditions relating to the Auction and the goods offered therein.
3.14.1. Regardless of the means used by the Bidder to place bids, whether in person, via the Website, mobile applications or any other means allowed by Copart, the Bidder is aware that access and awareness of the General Terms and Conditions of Sale, as well as the Specific Conditions of each Seller Customer can only be made through our website www.copart.com.br.
4. VISITING VEHICLES:
4.1. Vehicles offered for auction shall be on display at the locations indicated in the description of each lot and may be visited and checked by interested Participants, on the days and times determined in advance of the respective auctions.
4.2. At the time of the visit, the interested Participant must confirm with the location whether there is any special procedure for visiting the Lots, and must respect and comply with all internal security standards established by the location and all security requirements established by current legislation, and it is not the responsibility of Copart and/or Selling Principal any responsibility for accidents occurring during the visit.
4.3. The interested Participant may inspect the Lots, alone or accompanied by a trusted technician or appraiser, to know the state of conservation of the property of interest and may not later claim extrajudicially or judicially any damage or defects to the goods. The participant/bidder must carefully assess the condition of the vehicles, as no complaints shall be accepted after the bid, and no withdrawals shall be accepted.
4.4. Key information, if any, shall be described in the Lot add-on.
4.5. The Participant concerned has the option to request the opening of the engine hood, but Participants shall not be allowed to start the Lot’s engine. For questions about the Lot, the Participant may contact the auction team.
4.6. Photos and descriptions of the Lots to be auctioned shall be available on the website, www.copart.com, enabling interested Participants to conduct surveys as mentioned above.
4.7. The photos of the Lots available on the website were taken when they were received at the auction yards, and are therefore MERELY ILLUSTRATIVE, and should not be used as a parameter to demonstrate the condition of the vehicles or influence the purchasing decision, in such a way as to that the interested Participant must carry out an inspection of the lot before the auction, with Copart, the Official Auctioneer, not being responsible for the quality, defects and/or hidden defects, as well as for missing items as mentioned.
4.8. By bidding, the Bidder is assuming and declaring that it has already promoted all Lot surveys and inspections and agrees to purchase them, relieving Copart and the Official Auctioneer of any liability, including any hidden vices or defects, and waiving any right or action.
SOLE PARAGRAPH: In case of suspension of activities due to order and/or state of public calamity in the country, we ask that Participants consult the auction locations regarding visiting rules.
5. SYSTEM:
5.1 Copart do Brasil uses a web platform that makes trading easier and more efficient. This platform allows the trading session to be held in two (2) stages promoting greater dynamism and offering participants opportunities to choose.
5.1.1. In Stage 1 (Pre-Trading) simply enter the maximum bid amount you are willing to pay for a particular vehicle, that this platform shall make bids on your behalf, in accordance with the increase established up to the maximum bid informed, either during the pre-trading or effective trading. This mechanism allows the purchase of a vehicle for a value below the maximum bid entered (if the amount offered in the dispute is lower than your maximum bid offered). During Pre-Trading stage, if there is an offer higher than yours, you shall be notified by email.
5.2. Bids offered via Web are tracked by the device number (“IP”) used by the Participant and Copart may, at its discretion, cancel any offer where the user's identity cannot be authenticated or if it fails to comply with the conditions set forth in these Terms and Conditions of Sale.
5.3. In the event of a possible Web system failure, the auction may be temporarily stopped, restarted or canceled at Copart's discretion. Failures in the system and other factors arising from acts of God or force majeure exempt Copart from any obligations arising out of this nature.
5.4. The Bids shall be recorded at the time of registration through Copart’s web provider and not at the time of bidding by the Participant. Thus, due to the different speeds in data transmission, depending on a number of factors beyond the control of the provider, Copart is not responsible for bids offered that are not received before the closing of the lot.
5.5. The Participant shall be liable civilly and criminally for the use of equipment, program or procedure that interferes with the operation of the Website and the holding of the Auction, impairing its development.
5.6. Copart may, at its sole discretion and at any time, add, terminate or alter all or some of the services available on the Website, as well as amend the conditions contained in this agreement after its disclosure on the Website.
5.7. The estimated opening and closing times of auction Lots is at the discretion of Copart and the auctioneer, and there may be variations according to the dynamics of the auction and dispute of the Lots.
5.8. The bids offered by face-to-face Participants shall be automatically placed on the Website, allowing all Participants to instantly monitor the auction.
5.9. In case of a winning bid, the winning Bidder of the Lot (“Bidder”) shall receive a notification via e-mail from Copart, however it is noteworthy that this form of communication does not exempt the Bidder from the responsibility of following up with Copart through the “website” the status of his/her/ its bid or contacting the Call Center with no complaints whatsoever.
5.10. The system sets a limit of up to three (3) purchases per Participant and per auction, accounting for this limit for winning bids, so when the Participant reaches its bid limit and attempts to virtually bid more on the same auction the system shall inform that the amount of bids has exceeded his/her/its available auction credit and no more bids can be placed.
5.11. Subsequent complaints shall not be accepted after the winning bid has been approved. In cases of withdrawal, the Bidder shall be required to pay a fine.
5.12. Copart makes no warranty that: (i) the website services shall meet the needs of the participants; (ii) system services shall be uninterrupted, timely, secure or error free; (iii) the results obtained from the use of system services shall be accurate, reliable, complete or current; (iv) the quality of any products, services, content, information or other materials purchased or obtained through the Website services shall meet participants' expectations; and (v) any errors in website services shall be corrected.
5.13. Neither Copart nor any Internet service provider is responsible for incorrect or inaccurate data entry, human error, technical malfunctions, delayed data loss/transmission, omission, interruption, deletion, defect, failure of any Network, computer equipment, software of any combination, or inability to access the Copart Website.
CLAUSE III - QUALIFICATION AND REGISTRATION
6. — CUSTOMER:
6.1.2. Interested parties who are not qualified at Copart, either because they did not register under the terms of item 7 and following, are under 18 years and not emancipated and/or because they have impediments such as financial and/or administrative pending matters with Copart, as well as legal disputes with the company SHALL NOT BE ABLE TO ENTER AND PARTICIPATE in any of the auctions organized by Copart.
6.1.3. Visitors may only enter auctions for follow-up, provided they have no financial and/or administrative backlog with Copart, as well as no legal dispute with the company. The entry of visitors in the auction sites shall only be allowed upon identification with Copart as a visitor, being strictly prohibited to bid.
6.1.3.1. Even if the entry is as a visitor, it is forbidden for minors under 18 years-old to enter Copart’s auctions without accompanying their legal guardians, unless minors are emancipated.
6.1.4. Individuals and legal entities considered to be disqualified will be prevented from participating in the auctions, if as there are restrictions with SERASA.
7. QUALIFICATION AND PARTICIPATION:
7.1. The qualification of those interested in participating in the Auctions will be carried out upon approval of the registration carried out by the interested party, at the Copart website (www.copart.com.br), as well as by meeting the qualification requirements.
7.1.1. For Individuals: After completing the registration, the interested party will receive an SMS via the informed mobile number, containing instructions for enabling the registration in 03 steps, namely: (i) sending the personal document (RG and CPF) front and back; or CNH (photo model only); and (ii) taking a selfie.
7.1.2. Legal Entity: After completing the registration, the interested party must access their account, go to the “Sending of Documents” menu and upload the following documents: (i) C.N.P.J. updated and regular with the Federal Revenue (issued with a date not exceeding the last 3 months); (ii) Articles of Incorporation of the company duly registered with the competent body and its contractual amendments, if any, if the last amendment is consolidated, it is not necessary to present the incorporation document); and (iii) RG (front and back) or CNH (only model with photo) of the company's legal representative.
7.1.3. If all the necessary requirements for approval and qualification of the registration are not met, Copart will allow contacting the interested party to request additional documents for qualification.
7.3. The Participant who registers with Copart as a Licensed Dismantler and accepts these General Terms and Conditions of Sale, hereby authorizes Copart to use the personal data of the legal representative, as well as data of vehicles at the end of their useful life auctioned in the disclosure on other Copart platforms, such as, but not limited to, the platform called “Achar Peças” (“opt-in”). The “Achar Peças” platform is a Copart website that connects licensed Dismantlers registered with Copart for the purchase of end-of-life vehicles to buyers interested in parts (end consumers) and/or workshops. However, the registered Participant and/or Dismantling may, at any time, withdraw his consent for the use of his data and/or data of his end-of-life vehicles acquired at auction ("opt-out"), for which he must send your request to privacy@copart.com.br.
7.4. The Qualification is prohibited, as well as it is ineligible to bid and conclude bids on any auction held by Copart, be it On-Line or In-person, to any former Copart employee for a period of 24 (twenty-four) or equivalent months from the date of termination of his/her employment.
7.5. For each auction, the Participant must authenticate their Qualification by presenting their personal document for conference and validation by Copart attendants, at which time the Participant shall receive an identification about the status of their Qualification, allowing the auctioneer to view it during the trading session. If a Participant is suspended and/or impeded, he may not enter the venue for the auction event under any circumstances.
7.6. The Participants agree that Copart, if required to comply with the Law, may disclose information about the registration of participants and bidders, as well as about the operations performed by them. This applies in cases where Copart is required to do so in any judicial or administrative proceedings or by any government agency or regulatory authority (whether by deposition, interrogation, request for documents, subpoena, demand for civil investigation, or otherwise).
8. OBLIGATIONS OF PARTICIPANTS AND VISITORS:
8.1. The Registered Participant is solely responsible for his/her/its Password which is personal and non-transferable and undertakes not to disclose it under any circumstances. The Participant is hereby made aware that he/she/it is responsible for all activities performed on the Account, including, without limitation, all Preliminary Bidding Proposals and live virtual bidding, as access to it shall only be possible upon entering the Password. The Registered Participant is also aware that he/she/it must ensure that they have logged out of their account at the end of each session. Copart shall not be liable for any loss or damage arising from any acts performed on behalf of the Registered Participant's user.
8.2. Regardless of the final destination of the Lot, i.e. cuttings, recyclers, companies in general and individuals, the Bidder (participant who won the lot by the highest bidder) is responsible for the financial discharge and presentation of the necessary invoicing documentation, as described in Clause IV - Payments, Withdrawals and Documentation. Note: Observe legal requirements for certain final destinations of the Lot, as set forth in Clause VI - General Provisions.
8.3. Failure to discharge and invoice the Lot within the specified time period implies cancellation of the lot with consequent penalty for the Bidder, as described in Clause V - Penalties.
8.4. Participants and Visitors accessing Copart’s facilities must comply with all internal entry and permanence rules at Copart's facilities, upon authorization and instructions for Copart's permanence, including avoiding any actions and/or practices that may be characterized as abusive and offensive, including intimidation of other participants during the trading session. Damage and/or unauthorized removal of Copart of any equipment, materials and/or parts and keys present at Copart's premises and stored vehicles, as well as exposed on visitation, shall be reported and suspects presented to law enforcement authorities incurring proceedings to the fullest extent of the Act, and the suspects shall bear all costs of repair or replacement if proven guilty.
8.5. Participants and Visitors irrevocably and unconditionally waive and release their rights (if any) to recover from Copart, its directors, officers, employees, representatives, agents, subsidiary auctioneers, partners, affiliates and vehicle sellers ("Seller Principals") any known or unknown or foreseen or unforeseen damages, losses, liabilities, costs, expenses or claims, known or unknown, or anticipated that may arise or be related to bodily injury, property damage, or other loss that occur on Copart's premises. The Participants and Visitors agree to indemnify, defend and hold Copart exempt from any and all damages, losses, liabilities, costs or expenses (including attorney's fees) arising from claims made by Buyers and visitors arising out of or relating to: 1) personal injury or property damage that occurs at Copart’s facilities, 2) the buyer's failure to comply with the applicable laws or regulations, 3) transfer of vehicles to third parties, and 4) claims made against Copart indemnified by visitors of participants, agents, employees or customers.
8.6. The Participants agree to receive promotional and marketing materials via mail, email, SMS and facsimile.
8.7. The Participants and Visitors declare and agree to their filming and/or photography either at the time of registration or during the auction, as the entire auction environment, including lots, auctioneer and participants may be filmed, and images transmitted to participants online of the trading session or at the moment of its auction.
CLAUSE IV - PAYMENTS, WITHDRAWALS AND DOCUMENTATION
9. — PAYMENT AND BILLING:
9.1 The Lots shall be paid at sight in full, consisting of the (i) bid amount; (ii) plus 5% commission calculated on the bid amount; and (iii) plus two charges below:
- DSAL - DESPESA SOBRE ADMINISTRAÇÃO DE LEILÕES [EXPENDITURE ON AUCTION MANAGEMENT - according to the table of minimum values below:
*Note that the fees in question Will be Applied according to the location where the vehicle is located and not just Where the auction took place. – Example: if the vehicle is in São Paulo and the action is held in Minas Gerais, the rates to be considered Will be those from São Paulo.
- LOADING FEE - according to the table of values below:
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State SP |
Other States |
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Cities: Osasco/Embu/Pirapora/ Itaquaquecetuba |
Cities: São Paulo (Vl. Jaguara) / Ribeirão Preto |
States: MG/ PR/ PE / CE / RS/ GO |
State: AM |
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ALL |
BRL 100,00 |
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BRL 100,00 |
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*Note that the fees in question Will be Applied according to the location where the vehicle is located and not just Where the auction took place. – Example: if the vehicle is in São Paulo and the action is held in Minas Gerais, the rates to be considered Will be those from São Paulo.
Note: This LOADING FEE does not apply if the buyer chooses to contract the services of the program “COPART ENTREGA [“COPART DELIVERY”] on ub-item 10.7.1 below
- ROMOVAL/TRANSPORT, DEBTS AND OTHER EXPENSES - which, if any, shall be disclosed in the description of each lot and/or specific conditions of the Seller Principals.
9.1.1 Without prejudice to the extra charges foreseen in the Specific Conditions, in addition to the sale price, commission and other expenses provided for in item 9.1 above, the bidder will be charged, as Removal Services, the following amounts:
- For TOKIO MARINE SEGURADORA S/A vehicles, the amount of BRL 250.00 (two hundred and fifty reais) will be charged for each vehicle purchased, and the Bidder must pay this amount together with the value of the lot; and
- For BANCO HONDA vehicles, the amount of BRL 235.00 (two hundred and thirty-five reais) will be charged for each vehicle purchased, and the Bidder must pay this amount together with the value of the lot.
9.1.2. The amounts of these charges may, without prior notice, be changed at any time, and it is therefore the responsibility of the Participants to consult the amounts at each trading session through the Website or with the Copart Call Center. These values may vary depending on the yard.
9.2. The Bidder shall make the payment of the lot on the 1st (first) business day after the auction.
9.2.1. After this period, the amount of BRL 100.00 (one hundred Brazilian reais) shall be added to the lot as Financial Charges to be paid by the Bidder, having as the deadline for paying the: (i) 2nd (second) business day for Vila Jaguara auctions; (ii) 3rd (third) business day, counting from the auction date, for Mapfre Seguros Gerais S/A and Banco Pan Lots and (iii) 4th (fourth) business day from the auction date for other auctions.
9.2.2. In the event that the Bid is on Conditional status, the above term shall commence upon the release of the Conditional by the Seller Principal.
9.3. Once the deadline has elapsed, without the lot being paid, the sale will be canceled, incurring the Bidder the penalties provided for in this instrument.
9.4. Payments for the Lots must be made preferably through a Bank Slip from Bradesco - Beneficiary: COPART DO BRASIL ORGANIÇÃO DE LEILÕES LTDA - CNPJ: 14.517.191/0001-78 and within the due date. This condition does not apply to lots whose Seller Customers establish other forms of payment. In this case, the Bidder will be obliged to observe the payment rules described in the Specific Conditions of each Seller Customer.
9.5. The Boleto Bancário must be paid through the bank account of the holder of the bill of sale and, therefore, the buyer. Failure to comply with this obligation may result in the cancellation of the sale with consequent application to the Buyer/Bidder of the penalties provided for in Clause V - Penalties.
9.5.1. The data contained in the Boleto Bancário must be identical to the data of the beneficiary of the payment. When paying the Boleto Bancário, the Buyer must confirm the basic data of the bank slip, such as the name and CNPJ of the beneficiary and whether the bank code is the same as that appearing in the first three digits of the numerical representation of the barcode. Payments made in disagreement with the data previously informed and not identified by Copart will not be accepted or refunded.
9.5.2. Copart DOES NOT send bank slips by email for payment of amounts due for the purchase of lots. Bank slips must always be accessed through the Copart Website, in the “My Account” section.
9.5.3. Payments made through Boletos are exempt from the presentation of proof, except in the case of a request by Copart, which may at any time, before or after the issuance of the note, request the buyer to provide proof of payment by Bank Boleto in order to prove that payment occurred through the bank account of the holder of the sales note, as established in item 9.5 above. Failure to present proof may result in cancellation of the sale with consequent application to the Bidder/Bidder of the penalties provided for in Clause V – Penalties.
9.6. If it is not possible to make the payment through the Bank Bill, it may be made through TED according to the bank account indicated in the Bank Bill (Banco Bradesco - Agency: 3390; Current Account: 0000492-8 Favored: Copart do Brasil Organização de Leilões Ltda, CNPJ [Federal Tax ID] 14.517.191/0001-78). This condition does not apply to lots whose Seller Customers establish other forms of payment. In this case, the Bidder will be obliged to observe the payment rules described in the Specific Conditions of each Seller Customer.
9.6.1.The case of Bank Bill, payment of the TED must be made through the bank account of the holder of the bill of sale and, therefore, the buyer. Failure to comply with this obligation will result in the cancellation of the sale with consequent application to the Bidder/Bidder of the penalties provided for in Clause V - Penalties.
9.6.2. Payments made through TED must have receipts presented in person or sent via email: faleconosco@copart.com.br with the identification of the Lot and Auction. The issuance of Notes will only occur after proof and identification of payment and upon required documentation.
9.7. Payment Instructions shall also be disclosed via e-mail sent to the Bidders as an Auction Purchase (Payment Instructions) and also through the Bidding Agreement in case of face to face bidding.
9.8. The lot shall only be considered settled after the Bank Bill's financial compensation (for payment via bank bill), after the amount is in Copart's account (for payment via TED) and after invoicing the notes.
9.9. Invoicing for lots will only occur after payment and financial compensation, and the issuance of the Sales Invoice will be carried out by the Bidder/Successful Bidder through the Copart Website in the Self-Service and Document Issuance area. In order to issue the sales invoice, the BIDDER/SUCCESSFUL BIDDER's registration must be complete and enabled. If there is any pending document and/or validation, the system will return with a pending message. The mandatory documents for issuance are: (i) Documents sent for registration, as per item 7.1 and its subitems; (ii) Proof of residence (if an individual) with a date no older than the last 3 months of its issuance, which may be utility bills (such as water, electricity, telephone, gas, cell phone, internet, etc.), IPTU, ITR, condominium bill, correspondence originating from financial institutions (public or private) or government agencies, correspondence posted and sent by post, and a current property lease agreement. If the holder of the note does not have proof of address in his/her name, proof in the name of the spouse, partner, parents, siblings and children will be accepted, provided that a document proving kinship or marital status is presented (such as ID, birth certificate, marriage certificate or civil union deed); (iii) Term of Responsibility (if required) signed by the holder of the vehicle or legal representative of the company when it is a legal entity. The signature may be physical, with notarized signature, or signed electronically. In this case, the electronic signature must be performed in accordance with legal provisions or with the use of a digital signature, with a digital certificate issued in the ICP-Brasil standard; and (iv) Any other complementary document required for the Lot according to Specific Conditions..
9.9.1. If the billing is done on behalf of a third party, Copart shall make available the Transfer of Ownership via Website. Simply access your account on www.copart.com.br and use the Transfer Password. The Bidder and the Third Party (New Holder) must be registered on Copart’s Website. om the Transfer to be effective owes the Third Party (New holder) respect all registration requirements provided for in Clause III – Qualification and Registration.
9.9.2. If it is impossible to transfer ownership of the lot through the Website, this will only be changed upon presentation of the original Authorization signed by the Bidder/Bidder and by the Third Party receiving the Lot with a notarized signature or by means of an electronic signature in accordance with the legal provisions according to the model provided by Copart..
9.9.3. The Bidder shall be solely responsible for its Bidder Number and Password, as well as for its sharing and shall be responsible for all activities performed using this information.
9.9.4. Once the Transfer is made, either via the Website or via Authorization, the New Holder automatically accepts and agrees to the Lot Specific Conditions, transferred to it/him/her and to the Terms and Conditions hereby stating and ensuring the reading and understanding of all clauses and must also make the payment of the Lot and submit for billing, in addition to the personal documents required for registration, you must send Copart the documents in item 9.9.
9.10. There shall be no billing on behalf of persons who are suspended or blocked in case of default under Clause V - Penalties, and/or impediment by administrative penalties for breach of Copart's internal Rules of Conduct, Permanence and Safety, as well as legal dispute with the company or failure to comply with any of the basic requirements described in these Terms and Conditions of Sale.
9.11. To issue the Auctioneer's Bill of Sale and Invoice for Sellers, buyers must be regularly registered and have their address updated with the Federal Revenue of Brazil (Individual/Legal Entity) and in SINTEGRA - Integrated Operations Information System Interstate with Goods and Services (ICMS Taxpayers), under penalty of losing the right to the good and the amounts paid. If the Bidder presents any type of Restriction, after issuing the Auctioneer's bill of sale, he will be aware that such restriction may result in delays in documents and/or Invoice from the Seller.
9.11.1. If the Selling Principal issues only a Sales Receipt for the Lots, as they are exempt from issuing Tax Documents, the buyer must arrange for the issuance of a Separate Tax Invoice for Transport, with the State Treasury Department, if necessary.
9.12. Failure to deliver all the necessary documents for invoicing shall result in the cancellation of the sale and the Bidder shall incur the penalties provided for in Clause V - Penalties of this instrument.
9.13. The transfer of ownership of the lot does not exempt the Bidder from accompanying the payment and billing of the Lot that must occur within the same deadlines established in item 9.2.1 above.
9.14.1. If the Bidder has made the transfer of title and wishes to pay the Lot, either by the withdrawal of the transfer, the default of the new holder and/or the non-invoicing of the lot, he/she/it shall process the payment of lot within the payment term set forth herein in order not to have the Lot canceled.
9.15. After payment, if there is a cancellation of the lot for non-invoicing the note, it cannot be used for future auction Lots, as it shall be subject to discounts of penalties described in Clause V - Penalties.
9.15.1. Regardless of the form of payment, the return of the amounts provided for in item 9.19 above and/or the return of amounts unduly paid will be subject to the mandatory presentation of the documents required for the reimbursement and will be carried out within 60 (sixty) days from the date of presentation of documents.
9.16. Considering that after the issuance of the Bill of Sale, Copart and the Auctioneer will carry out the accounting with the Seller Principal, the BIDDER/BUYER is aware that, after the period established in item 9.2.1 above has elapsed, withdrawal requests WILL NOT BE ACCEPTED /cancellation of the purchase of the lot, even if upon payment of the Cancellation Fine provided for in Clause V of this instrument. The BIDDER/BUYER is obliged to proceed with the withdrawal of the lot in accordance with item 10 et seq. of this instrument.
9.17. It should be clarified that, according to “CAT Notice no. 6”, the Treasury Department of the State of São Paulo established that the authorization for the use of the electronic invoice may be denied due to the fiscal/registry irregularity of the invoice recipient. This notice prevents Copart and the Seller Principals from issuing invoices to any recipient that has a registration irregularity with the Treasury Department of the State of São Paulo, and, in order not to deny the issuance of the invoice, the Bidder (individual/legal entity recipient of the sales and tax invoice) must be registered in the Taxpayer Register of ICMS - CADESP, according to item 3 of the CAT Notice mentioned above, otherwise it shall not be allowed the issuance of sales and/or tax invoices for irregular buyers. It should be noted that if the buyer is released from registration with CADESP, he/she/it should disregard this statement.
10 - WITHDRAWAL:
10.1. The vehicles will only be removed after proof and identification of payments by COPART, as well as the issuance of the sales note and of the vehicle dispatch protocol (gatepass) and must be done within a maximum period of 03 (three) BUSINESS days, counting from the date of the auction or release of parole. , at a time to be verified in the yard where the vehicle is located, with the rule being the place where the vehicle is stored and not where the auction took place.
10.1.1. The vehicle dispatch protocol (gatepass) will be issued by the Bidder/Successful Buyer through the Copart Website in the Self-Service and Document Issuance area, which may only be issued if the vehicle has no outstanding issues and will be valid within the collection period provided for in the item above.
10.2. Pickup may be carried out by the Buyer (holder of the Bill of Sale) or by a third party duly authorized by the Buyer upon presentation of a shipping document released by Copart.
10.3. If the collection is made by a third party, the Buyer must authorize the shipment of his vehicle through the Website by creating a security password. The Buyer will be solely responsible for the Password and its sharing, responsible for all activities carried out using its password. In the absence of a Password, the third party must present an original signed and notarized authorization from the Buyer authorizing the third party to collect the vehicle.
10.4 The vehicles must be removed from Copart's premises where it is stored (see storage information in the description of each Lot).
10.5. Due to the conservation conditions and the lack of mandatory postage documentation, it is understood that vehicles must be removed via transport.
10.6. - The Buyer is responsible not only for the withdrawal of the vehicle from its location but is also responsible for bearing its transportation costs and any other expenses to be disclosed in the Specific Conditions of the Lot.
10.7. For the withdrawal of vehicles, Copart shall remove them from their since storage area until their dispatch. Loading, where possible and applicable, shall be done for winches, dry load body trucks, storks and/or similar, regardless of payment of LOADING FEE is established in point “b” of item 9.1 above this Clause IV must be paid together with the Lot value.
10.7.1. - Under no circumstances shall vehicles be loaded in a trunk.
10.7.2. - Vehicle withdrawals shall not be allowed on auction days or on days set by each Copart unit in which the vehicles are stored.
10.7.3. - Copart is not responsible for damage that may occur during loading or delay.
10.7.4. - For security reasons all loading shall be subject to analysis by Copart, and they may or may not be loaded.
10.8. - Upon issuance of the sales note, Copart, when applicable, may offer Buyer the services of the “COPART ENTREGA” [ “COPART DELIVERY”] program where Copart, at the request of Buyer or its legal representative, may deliver the auctioned vehicle at the place of interest of the Buyer, provided that the limit of km of the area around Copart's courtyards is respected and the places of coverage must be previously consulted by the Buyer with the Yard’s Service Sector. The service shall be performed through third parties subcontracted by Copart and the Purchaser concerned should obtain further details of such service, such as, but not limited to, amounts and terms with the Yard’s Service Sector.
10.8.1. - If the Buyer chooses to contract the services of the “COPART ENTREGA” [“COPART DELIVERY”] program must do so within the period of withdrawal of the vehicle established in that instrument, being exempt from paying of the LOADING FEE described in point “b” of item 9.1 above. The late contracting shall not give the Buyer waiver of this payment and he/she/it is still required to pay the stay under the terms of item 10.8 below.
10.8.2. - Regardless of the performance of this service, the buyer shall remain aware of the rules and responsibilities contained herein, including, but not limited to the withdrawal period.
10.9. - The Buyer or third party, indicated by him, must, when withdrawing from the Lot, check whether the vehicle(s) correspond(s) to what was purchased, including the chassis and engine number, and in case of doubt You must immediately contact the local Customer Service Center, as claims for damage or loss of any type or nature after collection will not be accepted. If discrepancies are detected at the time of withdrawal, withdrawals from the purchase will not be accepted. Any discrepancies, if any, will be analyzed by Copart and if proven, Copart may, at its sole discretion and by mere liberality, enter into an agreement with the buyer to deal with the supposed discrepancies..
10.10. - The Buyer or third party, indicated by the Buyer, is aware that to transport the purchased goods, it is necessary that the goods are properly covered by their own tax document, as determined by the applicable Tax Legislation of the corresponding State. In this sense, it assumes the full responsibility for transporting the auctioned goods without proper cover with its own tax documentation, assuming, consequently, any and all damages caused to the Seller Principals, Copart do Brasil and/or the Official Auctioneer, in case they are notified in reason of transportation of goods without the necessary covering with proper tax documentation.
10.11. - All costs, expenses and other charges, including fees, penalties and taxes, including any ICMS taxes due, on the procurement and/or transportation of goods, from the place where they are to the destination shall be the sole responsibility of Buyer, exempting Copart do Brasil, the Auctioneer and the Seller Principal(s) of any liability before the Tax Authorities. The Buyer is civilly and criminally liable for accidents and damages of any kind that may cause to third parties at the time of withdrawal.
10.12. The buyer or third party, indicated by him, undertakes, upon collection of the goods, to respect all safety and health standards imposed by the Principals (owners of the goods) and by Copart do Brasil (Auction Center), including those who refers to the necessary PPE (personal protective equipment), following the safety standards of the establishments where the goods are located, responding civilly and criminally for the acts carried out, including any damage caused to movable or immovable property.
10.13. The Bidders agree to comply with, and have their agents and representatives comply with, all applicable rules and regulations when removing vehicles from Copart yards, properly carrying out shipments for safe handling and consequent safe travel.
10.14. To remove vehicles outside Copart's facilities, observe the specific conditions described in each Lot.
10.15. It will be the responsibility of the buyer and/or third party, indicated by him, to misidentify all identification of the Seller on the vehicle purchased.
10.16. After the withdrawal period has elapsed, without the item being WITHDRAWN, the Buyer will pay, as a stay, the amount of R$ 50.00 (fifty reais) calculated per vehicle and per calendar day of delay, including weekends, holidays and days when there are no opening hours at Copart or the vehicle storage location.
10.16.1. If the lot is not removed within a maximum period of 30 (thirty) days, it will be presumed that the Lot has been abandoned by the buyer/bidder, who will lose any and all rights over the Lot sold, as well as the amounts already paid. In this case, the buyer hereby authorizes any necessary actions to be taken for Copart to give the Lot the appropriate destination, as well as suspend and block the buyer/bidder from participating in any auctions organized by Copart.
10.16.2. Once the penalties provided for in the item above have been applied, the buyer/bidder will only have their blocking and suspension reversed if the destination given to the Lot is sufficient to pay off the debt for the stay. If there is no compensation, the buyer/bidder will be obliged to pay the remaining balance of the debt for their stay in order to be released from suspension and blocking.
10.17. The above stay prices may be changed at any time, and it is the Participants' responsibility to check the prices at each auction through the Website or at the Copart Patios Customer Service Center.
10.18. - Payment for the stay mentioned in the item above must preferably be made through PIX available in the buyer's account on the Website www.copart.com.br in the Pending Payments area. If it is not possible to make the payment through the Website, you can make a bank transfer to Banco Itaú (0341) - Agency no. 0061-2 - Checking Account no. 04607-4, payee: Copart do Brasil Org. de Leilões LTDA., registered with the CNPJ under no. 14,517,191/0001-78. Payment made through the Website exempts the buyer from presenting proof of payment. If payment is made via bank transfer, the buyer must deliver the proof of payment, in ORIGINAL form, at the location where the Lot is picked up, and it can also be sent in a legible copy to the email faleconosco@copart.com.br, containing the reason for which the payment is intended, as well as the Lot number, date and auction number.
10.18.1 - The payment for stays may also be made by debit card in the yard where the vehicle is located.
10.18. - Under no circumstances shall be accepted payments in KIND and deposits made in ATMs.
SOLE PARAGRAPH: In case of suspension of activities due to order and/or state of public calamity in the country, we ask that buyers consult the pickup locations about the rules and pickup times.
11. - DOCUMENTATION:
11.1. The documentation of the vehicles shall be issued based on the information of the SALE INVOICE and the consultation on the arrival of the documents is the responsibility of the Buyer, who must make the consultation through the Website www.copart.com.br or via Contact Us - Phone: +55 (11) 3651-8800.
11.2. The burden and responsibility for delivery of vehicle documentation belongs to the Selling Principal, noting that Copart and the Auctioneer do not have possession and/or ownership of the aforementioned documents, the deadline and responsibility for delivery are exclusive to the Selling Principal , leaving Copart and the Auctioneer exempt from any responsibilities.
11.2.1. The forecast for delivery of the documents disclosed by the Seller Principals shall be described in the Specific Conditions of each Lot. It is worth mentioning that this delivery forecast may be extended when unforeseen situations occur on the Seller Principals’ part with the government agencies responsible for issuing the documents.
11.3. The documents may be collected by the Buyer upon presentation of an original personal identification document with a photo of the buyer (individual) or legal representative of the company when a legal entity. If the withdrawal is carried out by third parties (regardless of the degree of kinship), written authorization will be required from the Buyer to the third party, and this authorization may be sent via signed and notarized letter or sent via email, to e- maildocumentos.veiculos@copart.com.br, as long as the shipment is from the same email address provided by the Buyer at the time of registration and duly confirmed by him, both must be accompanied by a copy of the Buyer's document with photo.
11.3.1. For the convenience of Buyers, documents may also be sent via SEDEX, provided that Buyers make an advance payment of an amount for postal services, which can be consulted in advance through a Price List available on the Website: www.copart.com.br. The documentation may be sent to the buyer's registered address, to an address different from the one registered by the buyer or, at the buyer's request, it may be sent to another Copart yard for in-person collection. To do so, the buyer must request that the documentation be sent through the Documents module available in the buyer's account on the Website www.copart.com.br and also make the payment through the Copart Website. If payment cannot be made via the Website, the payment may be deposited in cash at Banco Itaú (0341) - Agency no. 0061-2 - Checking Account No. 04607-4, payee: Copart do Brasil Org. de Leilões LTDA., registered with the CNPJ under No. 14,517,191/0001-78 and send proof of payment to the email documentos.veiculos@copart.com.br identifying in the subject that it is SEDEX and mentioning the Auction and Lot number. The buyer is hereby aware that payment of SEDEX via deposit may result in delays in posting.
FIRST PARAGRAPH: Please be informed that this service is provided by the Post Office and the risk of misplacement and loss of documents will be the responsibility of the Bidders and Buyers who assumed the risk when requesting shipping via SEDEX.
SECOND PARAGRAPH: In case of suspension of activities due to order and/or state of public calamity in the country, we ask that buyers consult the auction locations in advance about the rules for collecting documents.
11.4. - The Buyer undertakes to transfer the vehicle to his/her/its name in compliance with the provisions of current legislation, being liable civilly and criminally for any burden of non-compliance such as: Accidents, infractions/fines, etc. ..., if there is restriction by PT/CLAIM, the settlement shall be borne by the bidder.
11.4.1. If the transfer is not completed within the above period, the Seller may request the vehicle to be blocked from the responsible body and the buyer will be prevented from participating in any event advertised on Copart until the updated document is sent.
11.5. For the transfer and regularization of the documents, the Purchaser shall, under its sole responsibility, obtain information from governmental agencies at the place of its transfer or use official brokers of his/her/its confidence to know about the documents and obligations.
11.5.1. After the legal deadline for transferring the vehicle, payment of all debts that may arise, particularly those launched by DETRAN, such as fines, taxes, IPVA, judicial blocks, and obligations of any nature, will be under the full responsibility of the bidder.
11.6. The transfer of ownership of the recoverable salvaged bidders is the responsibility of the bidder, where the local law should be observed as to whether or not to perform vehicle inspection in an agency accredited by INMETRO, the CSV – Certificado de Segurança Veicular [Vehicle Safety Certificate]. The CSV is the official document used to demonstrate that the vehicle is able to travel on public roads and also to remove any restrictions with Detran [State Traffic Police Department]. Expenses for obtaining it shall be borne by the bidder and shall not be reimbursed. The process of writing off any restrictions, if any, is the responsibility of the bidder, being the latter subject to the requirements and terms of the traffic department.
11.7. - In compliance with Ordinance Detran no. 139 of January 29th, 2003, all Buyers wishing to proceed with the interstate transfer, i.e. from SP (transferred by Cia.) to another state (Buyer's State of Interest), exclusively for CRVs issued before Nov 1st, 2000, it shall be mandatory that the Buyer proceeds with the transfer/update of the CRV mirror number with Detran/SP, informing the origin of this state to perform the unlocking and consequently its transfer wherever it wishes. NOTE: It is noteworthy that although the ordinance emphasizes cases lower than Nov 1st, 2000, currently all CRVs issued in SP, regardless of their date, request updates (low in origin) in the state of SP by Buyer with the indication of the destination where it shall proceed with the transfer of the good.
CLAUSE V - PENALTIES
12. In case of cancellation of the lot, either by the voluntary withdrawal of the auction, or by the non-payment of the lot within the period established in item 9.2.1, or by presumption of withdrawal when, after payment, there is no supply of the documents necessary for invoicing the lot within the same deadlines established in item 9.2.1, the BIDDER shall be required to pay, on the 5th (fifth) business day from the auction date, a CANCELLATION FINE fixed in the amounts below.
Example: If the calculation of the fine of 10% and/or 15% on the value of the auction results in an amount less than the minimum amount of BRL 1.000.00 (one thousand reais) the minimum amount must be respected for payment of the fine of R$ 1.000.00 one thousand reais) per canceled lot. If the calculation of the fine of 10% and/or 15% on the value of the auction results in an amount greater than the minimum amount of BRL 1.000.00 (one thousand reais) the result of the calculation of 10% and/or 15% on the value of the auction.
13. The application of the Fine provided for above also extends to the Bidder/Bidder who withdraws from the conditional condition before the period of up to 03 (business days) under the terms of item 3.2.1.
14. The Cancellation Fee will be charged to cover the auction administration expenses and will be adjusted monthly by the IGPM, and must be paid preferably through PIX available in the buyer's account on the Website www.copart.com.br in the Pending Payments area. If it is not possible to make the payment through the Website, it may be made by bank transfer to the current account no. 04607-4, branch 0061-2, Banco Itaú, owned by the company Copart do Brasil Organização de Leilões Ltda., registered with the CNPJ under no. 14.517.191/0001-78. Payment made through the Website exempts the BIDDER/SUCCESSFUL BIDDER from presenting proof of payment. If payment is made via bank transfer, the BIDDER/SUCCESSFUL BIDDER will be required to send the proof of payment to the email address multas@copart.com.br containing the lot number and auction number.
FIRST PARAGRAPH:The Bidder/Bidder is aware that if the penalties set out above are applied, Copart reserves the right to immediately block, suspend and/or deactivate their registration or delete their account immediately after the end of the period stipulated for payment of the batch..
SECOND PARAGRAPH: In case of non-compliance with the cancellation fine mentioned in the item above, in addition to blocking and suspending the registration, Copart also reserves the right to include the Bidder's registration data with SERASA, as well as adopt the appropriate legal measures to execution of this instrument. During the period of default, the Bidder will be suspended from participating in auctions in any auctions organized by Copart in addition to being prevented from collecting documents belonging to vehicles auctioned in their name.
THIRD PARAGRAPH: If registrations linked to the Bidder's blocked registration are identified, they will also be blocked.
FOURTH PARAGRAPH: Considering that Copart carries out auction organization activities and, therefore, assists the Official Auctioneer (a self-employed professional whose profession is provided for in Decree-Law No. 21,981/32), the activities carried out by both Copart and the Auctioneer are of “mandate” regulated by the Civil Code for the sale of goods belonging to the Selling Investors through public auctions and are not supported by the definitions contained in the Consumer Protection Code. In this way, the Bidders are aware that if consumer standards do not apply, the possibility of invoking the right of repentance included in Article 49 of the Consumer Protection Code, as well as non-compliance with the clauses contained in this instrument of Terms and Conditions, previously agreed by the Bidder, are subject to the fine provided for herein.
CLAUSE VI - GENERAL PROVISIONS
15. The Bidder/Buyer is also aware that Copart (the auction organizer) and the Official Auctioneer do not meet the conditions of suppliers, intermediaries and act only as legally authorized representatives to perform their duties, being exempt from any responsibilities on the Auctioned Goods, including, but not limited to, reductive vices, hidden or otherwise hidden defects that may exist in the goods, as well as indemnities, exchanges, repairs, financial compensation in any event or nature.
16. Copart issues ELECTRONIC TAX INVOICES for Commission, DSAL and Withdrawal and Services related services, as well as any other services provided such as stays and remittance documentation, which is sent to the registered email address as provided by Law. It is, therefore, essential that the email address is always up to date.
17. It should be clarified that, according to “conduct adjustment commitment agreement no. 12/99 ”signed between the São Paulo State Auctioneers Union and the São Paulo State Public Prosecution, it shall be established that: A) the goods sold in an auction have no warranty, given the nature of the auctioneer's professional activity. B) the expenses of withdrawals, transport and taxes incurred shall be borne by the bidders of the auctioned goods. C) the payment of the lots shall be paid in full and in cash at the time of the auction, including the auctioneer’s 5% commission. D) the withdrawal of the lots shall be in accordance with the schedule established by the principal company being the removal and transportation on account of the bidder. E) the 5% commission shall be paid by the bidder according to decree no. 21.981 of 10/19/1932 and the changes made by decree no. 22.427 of 2/1/1933. F) the state (conservation and appearance) of the property may be verified in loco by the interested parties during the visit prior to the trading day, as notified by the auctioneer in the auction notice, at which time the doubts about the state good can be curtailed.
18. The Bidder declares to be fully aware that it is his/her/its sole responsibility to review all information relating to the Auction and the goods offered therein, made available to interested parties through the Website Announcements and Catalog. He/She/It further declares to be aware of and in accordance with the provisions of this Conditions of Sale, as well as to adhere to them in full and irrevocably, respecting the administrative regulations, general technical standards, and specific conditions applicable to the good and the auction.
19. The bidding made by the bidder is a perfect and voluntary legal act that unequivocally, irrevocably and irreversibly indicates acceptance of the terms and conditions of sale described herein and of each Lot, in accordance with the applicable law and the Auction Conditions and binds the offeror to the bid offered.
20. Failure to pay any amount and expense that falls on the Lot won shall result in the Bidder’s suspending participation in the auctions organized by Copart and Copart reserves the right to include the Bidder's registration data with SERASA, without prejudice to the provisions of Clause V of this instrument.
21. During the processing of legal action proposed against the company Copart and/or auctioneer, the Bidder, under the terms of item 6.1.1, will have his registration blocked and prevented from participating in the auctions organized by Copart, and his registration will be unlocked for new participations only with the definitive cancellation of the action, meaning archiving of the records in the database of the respective Court of Justice, and if there is no other financial or administrative pending issue that authorizes the maintenance of the registration block.
22. If the Vehicle Environmental Inspection is required for licensing or transfer, shall be the responsibility of the bidder to provide and bear the costs.
23. All members, bidders and buyers are subject to the Anti-Corruption Act prohibiting the making of corrupt payments, and it is illegal to pay or offer anything of value to government officials, or employees of Copart, or political parties or candidates, or to persons or entities who shall offer or give such payments to any of the foregoing in order to obtain or maintain business or to secure an improper commercial advantage.
24. The infraction described in Ordinance DETRAN-SP that obliges the bidder to make a transfer within 30 (thirty) days after the issuance of the sales invoice, under penalty of fine in the amount attributed by the current legislation, followed by 5 points on the CNH [Driver's License], shall be the sole responsibility of the Bidder.
25. Infringements committed prior to the Auction date and which shall generate Points on the Buyers' CNH [Driver's License], even after the Notice of Sale, shall be the sole responsibility of the Buyers to call the relevant Traffic Bodies to request the exclusion of such infringements. Copart, the Auctioneer and the Seller Principal shall not be liable.
26. For vehicles sold in the State of São Paulo, under the guidance of the State Department of Traffic (DETRAN/SP), the registration of vehicles shall no longer be changed upon transfer to the CIAS, GNV exclusions; color changes and armory insertion, so any such change, adjustment and charges shall be at the buyer's expense.
27. For acquisitions the end-of-shelf-life vehicles and automotive scrap, as defined by Federal Law and CONTRAN Resolution they may only be auctioned by vehicle dismantling or recycling companies duly accredited or authorized by the DETRANs of the States under the terms of the Ordinances applicable and in force..
27.1. If the bid is made by a participant who does not comply with the rules set forth in the item above, the sale shall be automatically canceled, at the sole bidder's fault, incurring the Bidder the penalties provided for in Clause V - Penalties of this instrument.
28. As reported by the Traffic Department of the State São Paulo (DETRAN/SP), both SMALL MOUNT and ANY OTHER vehicles are FINANCIAL vehicles or not that have been transferred to the owners from a mere identification survey shall have the following documents delivered to Buyers with the SEALING CIRCULATION information, thus preventing their circulation until Buyers meet their legal requirements, otherwise these vehicles shall be seized by traffic agents if they are on the public road at Buyers' expense and risk. Unlocking shall occur automatically when a new transfer to the Buyer's name is made within the legal requirements to be met by Buyers. This procedure aims at a better inspection by the traffic agents and is not confused with the Ordinance DETRAN which assigns Administrative Restrictions to other damaged vehicles classified as Average Mounts.
28.1. Compliance with Ordinance DETRAN-SP, does not require Copart do Brasil, the Official Auctioneer and the Seller Principals to inform in the auction announcements the classification of the damage found in the vehicles available at auction, being exclusively responsible the Bidder to provide prior and due consultation with the traffic and other competent bodies about the restrictions described in the vehicle, as well as to make the prior visitation that is allowed to verify the real state of the Good.
29. The transfer of ownership of the armored vehicle shall be preceded of the current legislation that provides for armoring vehicle..
30. The Bidders of Damaged Vehicles, domiciled in the state of Santa Catarina, shall comply with the provisions of CONTRAN Resolution which currently preclude the procedures for transferring the ownership of damaged vehicles with Medium Restrict administrative restriction before DETRAN / SC, the Bidders being responsible for the costs of regularizing the vehicles, that is, all the BIDDERS domiciled in the state of Santa Catarina, before completing the purchase of any insurance vehicle, should be aware of the state's CIRETRANS regulations about the transfer of ownership of vehicles originating from the INSURER, being responsible for all the requirements for the completion of the transfer.
32. It is the responsibility of the bidder, thus excluding the seller, Copart and Auctioneers from any indemnity or financial compensation of any hypothesis, compliance with all requirements of DETRAN / CIRETRAN or accredited companies / issuing expertise and EVC reports / CSV as: Nothing on record (from the state of origin), Tax Negative Certificate, CRV No., signature of firms, transfer registration, lien write-off, FISCAL NOTE, costs of 1st registration and other requirements that may arise, as well as costs with disassembly, foremen, removal, transportation, making keys, plates, tags, seals, glass engraving, chassis / engine regularization (engraving and / or re-engraving of chassis / engine, POLINTER inspection, among others), regularization and low of Kit Gás, any and all regularization regarding the body (change / exchange, etc.). Shielding with the competent bodies, ENVIRONMENTAL INSPECTION, UPDATE AND LOW CRV, change of vehicle category, scrap scrap, invoices, taxes or any other burden, not charged by the company / auctioneer (a), that may arise.
33. It will be the responsibility of the bidder, (applied to the assets of all the clients) to register the CRV and the power of attorney given by the client, to release the sales communication (if necessary) with DETRAN / SP under the terms of Ordinance No. 465 of 22 / 03/2004, as well as the registration expense even if it is prior to the date of the auction, charged by Detran / SP. It will occur due to the winning bidder's registration fine followed by the punctuation due to delay in the documentation for both the bidder's name and the Principal's name, if applicable.
33.1. In case of collection due to the delay by DETRAN, the bidder will be responsible for the costs of the registration, thus exempting the principal and Copart / auctioneer (a) from this responsibility.
34. The bidder is entirely responsible for the transfer of ownership of the vehicle within 30 (thirty) days, at the end of art. 123, § 1, of the Brazilian Traffic Code).
35. According to Federal Traffic Legislation, the new model of vehicle identification plates - PIV, which follows the Standard established by Mercosul, will be required from January 31, 2020 in the following cases: (i) vehicle registration 0 km ; (ii) change of vehicle category; (iii) in the event of theft, loss, theft or damage to the plate (including damage to the card and breaking of the conventional standard Rear plate seal); (iv) change of municipality or state; and (v) when the vehicle fails a vehicle inspection in the transfer procedures with observations on the license plate and/or seal.
35.1. The documents of vehicles transferred to the municipality of São Paulo that carried the conventional standard license plate will not be exchanged/plated with the new Mercosul license plate model by the Sellers, Auctioneers and/or Copart, with the Bidder being responsible for the acquisition and registration of the vehicle.
35.2. If there is any administrative or registration blockage due to the need to exchange the Mercosul model, regularization of fees and charges will be the responsibility of the Bidder.
36. The settlement in case of divergence in the Mercosul license plate standard in the physical and / or in the vehicle's CRV / CRLV will be the responsibility of the bidder at any time, as well as fees and charges required in the exchange of the plates, including contracting services in SP, if required.
37. Copart and the auctioneer (a) are not responsible for the eviction referred to in articles 447 to 449 of the Civil Code; nor does it answer for redibitory vices that deals with arts. 441 to 446 of the Civil Code, being exempt from any liability for defects or defects in the alienated assets, whether hidden or not, as well as for indemnities, exchanges, repairs and financial compensation of any hypothesis or nature, the right to commission for the service remaining provided.
38. Article 335 of the Brazilian Penal Code will be incurred, incurring the penalty of 06 (six) months to 02 (two) years of detention, anyone who prevents, removes or attempts to remove competitors or bidders, by illegal or violent means, serious threat, fraud or offer of advantages, incurring the same penalty who refrains from competing or bidding, due to the advantage offered.
39. For documents issued in the state of Santa Catarina, the Mercosul license will be regulated by the bidder, which will only be carried out in the state of SC by a local broker. In this way, the vehicle will only be able to drive after regularization. However, the DMV of Santa Catarina requires photos of the license plate.
40. In compliance with the court order issued in the records Public Civil Action No. 0458340.43.2007.8.09.0051 from the 6th Court of the State Public Treasury of the Comarca de Goiânia/GO was edited by DETRAN/GO, on January 13, 2020, Ordinance 46 /2020 - DETRAN which determines in its Art. 3, paragraph 1 the inclusion, in the “remarks” field of the CRV/CRLV, of the number of the Vehicle Safety Certificate – CSV with the expression “CSV nº_ - REC/SINISTRO” in the case of a vehicle sold by an insurance company at auction, which product of theft or robbery, or some type of accident with total loss. Thus, Bidders must be aware that the transfer of any vehicle sold by an insurance company at auction in the State of GO, whether recovered from theft or robbery, or some type of accident with total loss of small or medium amounts, may be included in the field " observations” of the CRV/CRLV, including ATPV-e, the Vehicle Safety Certificate number – CSV with the expression “CSV nº_ - REC/SINISTRO or the information “RECOPERADO/SINISTRADO.
41. Given the legal nature of the business, the auction operation, as well as these General Terms and Conditions constitute a business relationship supported by the Civil Code and does not find shelter in the Consumer Defense Code.
42. The further conditions shall obey the provisions of Decree-Law no. 21.981/32 with amendments introduced by Decree 22.427/33, which regulates the profession of Official Auctioneer.
43. These Terms and Conditions constitute to the Officers full and exclusive obligations of the agreement between the Bidders and Copart with respect to the subject matter hereof. There are no representations, warranties or promises given or made that are not set forth in these Terms and Conditions.
IMPORTANT NOTE - COPART, AUCTIONEERS, AND SELLING CONSULTANTS ARE NOT RESPONSIBLE FOR VEHICLES PARKED IN COPART YARDS OR THEIR AREA, INCLUDING THEIR BELONGINGS AND ACCESSORIES.
SOLE PARAGRAPH: As a security measure, all auctions will only be carried out ON LINE, with the in-person participation mode mentioned in this instrument being suspended.
CLAUSE VII – ADDITIONAL INFORMATION FOR LOTS SOLD IN OTHER STATES
44. Without prejudice to the other obligations already provided for in this instrument for Lots sold in other States, the Bidder / Bidder must also observe the additional rules established in the items below.
45. THE ADDITIONAL RULES:
45.1. - OF THE LOTS SOLD IN THE STATES OF MINAS GERAIS (MG):
43.1.1. For acquisitions of vehicles at the end of their useful life, irrecoverable and vehicle scrap, as defined by Federal Law No. Law No. 12,977 of 20.05.2014 and CONTRAN Resolution No. 611 of 24.05.2016, in the State of Minas Gerais, dismantling companies based in this same UF, as well as dismantling companies based in other States, must comply with DETRAN-MG Ordinances No. 397 of 06/14/2017 and No. 936 of 07/05/2018 and the list available on the DETRAN–MG electronic portal. Dismantling companies based in other States must be accredited or authorized by DETRAN and/or the Transit agency of the State in which they operate, and must also provide proof of this accreditation by presenting, at the time of issuing the sales note, a current accreditation certificate.
45.1.2. If the bid is made by a participant who does not comply with the rules set forth in the item above, the sale shall be automatically canceled, at the sole bidder's fault, incurring the Bidder the penalties provided for in Clause V - Penalties of this instrument.
45.2. - OF THE LOTS SOLD IN THE STATES OF PARANÁ (PR):
45.2.1. For vehicles sold in the State of Paraná, pursuant to current legislation, ICMS and any other tax that may be required in the auction of vehicles sold by the auctioneer may be withheld, regardless of any possible discussion on the part of the auctioneer. auctioneer, as tax responsible, if there is a tax obligation to withhold ICMS, the Bidder/Buyer, in addition to the payment mentioned in item 9 and its sub-items, must also pay, together with the value of the lot, the ICMS levied on the auction activity plus additional expenses. The tax amount will be calculated as the sum of the amounts to be paid for the lot. Considering that the collection of the Tax Guide will be made directly by Copart, in accordance with current state legislation, the Bidder/Buyer, when participating in an auction, hereby authorizes the auctioneer to discuss any indirect taxes that may be applicable, without this implying any obligation , either from Copart and/or the Auctioneer, to refund any difference and/or to transfer the respective amounts if a favorable decision is obtained removing the tax requirement.
45.2.2. For acquisitions in the State of Paraná, the disassembly companies headquartered in this same State must comply with Ordinance DETRAN-PR no. 165 of April 5th, 2016, while disassembly companies headquartered in other States must be accredited or authorized by DETRAN and/or Traffic Department of the State in which it acts and must prove this accreditation by presenting, at the time of issuance of the sales invoice, the current accreditation certificate.
45.2.3 If the bid is made by a participant who does not comply with the rules set forth in the item above, the sale shall be automatically canceled, at the sole bidder's fault, incurring the Bidder the penalties provided for in Clause V - Penalties of this instrument.
45.2.4. Vehicles auctioned and deposited in Pátio do Paraná [Paraná’s Yard] are subject to blockage. In these cases the buyer/bidder shall have to carry out an inspection at the Theft and Vehicle Theft Police Station of Curitiba - PR, where it shall be necessary to present the vehicle and the invoices of the parts and services, as well as Vehicle Inspection.
45.2.5. For some cases, the Theft and Vehicle Theft Police Station of Curitiba - PR may accept a sealed survey to be carried out in another State/City. This procedure is restricted to previous consultation to be held at the Theft and Vehicle Theft Police Station of Curitiba - PR. It should be emphasized that this is a specific requirement of the Theft and Vehicle Theft Police Station of Curitiba - PR. Copart, the Auctioneer, and the Selling Principal are not responsible for this requirement.
45.2.6. In addition to the inspection required by Theft and Vehicle Theft Police Station of Curitiba - PR for vehicles transferred to the Paraná DETRAN, buyers/sellers shall have to carry out the electronic inspection in the DETRANs of the cities of domicile of the buyer/bidder, proceeding, if required, with changing plates and/or tags. For damaged vehicles this electronic survey can only be performed after the recovery of the vehicles.
45.3. - OF THE LOTS SOLD IN THE STATES OF CEARÁ (CE):
45.3.1. For Lots sold in Fortaleza - CE, the auctions will be held in partnership with MONTENEGRO LEILÕES and transmitted through Copart's technological platform.
45.3.2. For the participation of auctions in Fortaleza - CE, participants who log in to the MONTENEGRO LEILÕES platform will be automatically directed to the Copart technological platform, through the website (www.copart.com.br) and when bidding, they will automatically declare and guaranteeing the reading and understanding of this General Terms and Conditions of Sale in its entirety, agreeing with all the clauses herein, They also declare to have the capacity, authority and legitimacy to assume responsibilities and obligations through this instrument. Based on art.19 of Decree 21.981 / 32, amended by Law 13.138 / 2015.
45.3.4. THE RELEASE OF VEHICLES OF PRIVATE COMPANIES (EXCEPT BANKS, FINANCIAL AND CONSORTIA) WILL BE MADE AFTER THE SALES COMMUNICATION. ONCE THE COMMUNICATION HAS BEEN MADE, THE BIDDER WILL HAVE A PERIOD OF 03 (THREE) WORKING DAYS TO WITHDRAW THE VEHICLE FROM THE YARD or THE COMOWNER MENTIONED IN ITEM 10.8 ABOVE. OTHERWISE IT WILL BE DUE TO THE COLLECTION OF DAILY RATES ACCORDING TO AMOUNTS MENTIONED IN ITEM 10.8.1 ABOVE.
45.3.5. For purchases of vehicles at the end of their useful life, unrecoverable and vehicle scrap, as defined by Federal Law No. Law No. 12,977 of 20.05.2014 and CONTRAN Resolution No. 611 of 24.05.2016, they may only be sold to Legal entities, whose activity is focused on dismantling vehicles, duly registered with DETRAN, whose mandatory corporate purpose is: Retail Sale of Used Parts and Accessories for Motor Vehicles – National Classification of Economic Activities – CNAE 4530-7/04. Dismantling companies based in other States must be accredited or authorized by DETRAN and/or the Transit agency of the State in which they operate, and must also provide proof of this accreditation by presenting, at the time of issuing the sales note, a current accreditation certificate.
45.3.6. If the auction is made by a participant who does not comply with the rules established in the items above, the sale will be automatically canceled, due to the sole fault of the bidder, with the Bidder/Bidder incurring the penalties provided for in Clause V – Penalties of this instrument.
45.3.7. Copart, Auctioneer and Seller will be exempt from any liability in the event that the bidder is transporting the vehicle outside Fortaleza, without carrying out the "Survey" required by the DETRAN.
45.4. - OF THE LOST SOLD IN THE STATES OF AMAZON (AM):
45.4.1. For vehicles sold in the Free Zone States, such as Amazonas, Acre, Rondônia, Roraima and Amapá, if there is any tax restriction, the settlement and regularization will be the responsibility of the Bidders, who must check the amounts due with the tax authorities before offering the bids.
45.4.2. Copart, Auctioneer and the Seller Customer will be exempt from any liability in the event of a tax restriction mentioned in the caput above.
45.5. - OF THE LOTS SOLD IN THE STATES OF GOIÁS (GO):
45.5.1. For Lots sold in Fortaleza - CE, the auctions will be held in partnership with LEILÕES BRASIL and transmitted through Copart's technological platform.
45.5.2. For the participation of auctions in Fortaleza - CE, participants who log in to the LEILÕES BRASIL platform will be automatically directed to the Copart technological platform, through the website (www.copart.com.br) and when bidding, they will automatically declare and guaranteeing the reading and understanding of this General Terms and Conditions of Sale in its entirety, agreeing with all the clauses herein, They also declare to have the capacity, authority and legitimacy to assume responsibilities and obligations through this instrument. Based on art.19 of Decree 21.981 / 32, amended by Law 13.138 / 2015.
45.5.3. Participants already registered with LEILÕES BRASIL, even if they have signed the Online User ACCEPTANCE DECLARATION Term when automatically directed to Copart's technological platform, through the website (www.copart.com.br) will also be automatically declaring and being aware and agreeing that its data will be used to validate bids made in the purchase of goods, as well as to comply with laws and procedures necessary to complete the purchase and sale , including, but not limited to, other purposes set forth in the Privacy Policy. However, the Registered Participant may, at any time, withdraw his consent to the use of his data and/or to receive any of our communications and content (“opt-out”), to do so, he must send his request to privacy@copart.com.
45.5.5 If the bid is made by a participant who does not comply with the rules set forth in the item above, the sale shall be automatically canceled, at the sole bidder's fault, incurring the Bidder the penalties provided for in Clause V - Penalties of this instrument.
45.6. - FOR LOTS SOLD IN THE STATE OF PERNANBUCO (PE):
43.6.1. For purchases of vehicles at the end of their useful life, irrecoverable and vehicle scrap, as defined by Federal Law No. Law No. 12,977 of 20.05.2014 and CONTRAN Resolution No. 611 of 24.05.2016, they may only be sold to Legal entities, whose activity is focused on dismantling vehicles, duly registered with DETRAN, whose mandatory corporate purpose is: Retail Sale of Used Parts and Accessories for Motor Vehicles – National Classification of Economic Activities – CNAE 4530-7/04. Dismantling companies based in other States must be accredited or authorized by DETRAN and/or the Transit agency of the State in which they operate and must also provide proof of this accreditation by presenting, at the time of issuing the sales note, a current accreditation certificate.
45.6.2. If the auction is made by a participant who does not comply with the rules established in the items above, the sale will be automatically canceled, due to the sole fault of the bidder, with the Bidder/Bidder incurring the penalties provided for in Clause V – Penalties of this instrument.
46. Still regarding the auctions of Lots sold in other States, the Bidder / Bidder must observe the ICMS incidence rules on the auction activity and, if incident, will be obliged to collect it, presenting to the body, if necessary, the guide with the proper authentication for the release of the well acquired, as well as the State Laws in force for regularization of vehicles and goods purchased at auction.
CLAUSE VIII - USE OF CONTENT
47. Any and all content provided by Copart, whether through the Website, printed newsletters or through any other communication media is provided for informational purposes only. This content may be printed, downloaded and even reformatted for strictly personal non-commercial use. No content, in whole or in part, may be used or exploited in any way for commercial use, publication or distribution, including downloading, copying and/or reproduction, without the express written consent of Copart. Without limitation on the use or disclosure of content for unlawful, defamatory, threatening purposes or to infringe Copart's copyright, trade name, trademark, service, or other intellectual property right by manipulating, deleting, hiding, moving, adding or, otherwise, modifying the original Content published by Copart.
CLAUSE IX - AMENDMENTS
48. Copart do Brazil reserves the right to amend these General Terms and Conditions of Sale at any time, without prior notice to the bidders, modifying or deleting any content of this document, and the Bidders are required to periodically visit Copart's Website or facilities to access these Terms and knowledge of the amendments.
CLAUSE X - FORUM
49. Given the legal and proper nature of the Official Public Auctions, the Parties elect the Forum of the Capital of the State of São Paulo to settle any doubts and pending issues, expressly waiving others, however privileged they may be.
