Termsand conditions

Please read carefully the terms and conditions before using the website.

TERMS OF USE

  1. Notice

    BY USING THIS WEBSITE, YOU AGREE TO THE FOLLOWING TERMS OF USE. This page states the terms of use to which you must agree in order to use this website. Please read it carefully. By using this website, you acknowledge that you have read the terms of use and that you understand and agree to them. YOU MUST CONSULT THIS PAGE REGULARLY, AS IT STATES THE ACCEPTED USES OF THIS SITE.

  2. About TradeHelper

    TradeHelper acts as an auctioneer by making vehicle auctions available to dealers. We are solely the intermediary in a bilateral obligation of the Buyer and the Seller to enter into a contract.

    TradeHelper is never a party to transactions conducted through its site; only the Buyer and the Seller are parties. TradeHelper is in no way responsible for the vehicles bought and sold or for thebehaviourof Buyers and Sellers. Without limiting the generality of the preceding, TradeHelper cannot be held responsible for information provided by the Seller about the vehicle, the Seller’s failure to deliver the vehicle, the identity of the vehicle owner or the existence of rights, security interests and/or rights of retention or liens on the vehicle.

    TradeHelper.ca is not responsible for the information posted on the detail files of online vehicles by a third-party merchant from another database. Tradehelper.ca is not responsible for the information contained in Carproof reports related to the vehicles displayed on this auction website.

  3. User account

    When you sign up as a TradeHelper user, you must choose a username and password and keep them strictly confidential. You will be liable for any misuse of your username and password, as well as for any transactions conducted thereunder. Consequently, you must notify us immediately if you think your login information is being used by someone else.

    TradeHelper reserves the right to deny access to a user without notice or explanation. After termination of the account, that user will nevertheless remain bound by any agreement, bid or vehicle listing made on TradeHelper prior to termination of the account.

  4. User account - Buyer

    The Buyer must comply with the recovery times required by TradeHelper.ca. Once the confirmed vehicle is sold, the Buyer is obliged to recover their vehicle within three (3) working days for a provincial sale and six (6) business days for an interprovincial sale of the date of purchase. If the recovery time is not respected, TradeHelper.ca reserves the right to charge, from the fifth (5th) day following the purchase of the vehicle for a provincial sale or from the seventh (7th) day after the purchase of the vehicle for an interprovincial sale, late fees in the amount of $100 (before taxes) per unrecovered vehicle. All invoices for unrecovered vehicles are payable upon receipt.

    Vehicles that will not be recovered within the recovery time frame required by TradeHelper.ca will not be eligible for arbitration.

    If the vehicle is financed and/or transported by the transport company affiliated with TradeHelper.ca, additional time will be allowed for provincial and interprovincial sales.  However, the Client must respect the deadlines once the vehicle is recovered, so that they can benefit from arbitration, if necessary.

  5. Vehicle descriptions

    When a vehicle is listed with TradeHelper, the vehicle description is binding on the Seller, who is obliged to provide a vehicle matching the description. The description may not be modified after listing. If you are a Seller and have submitted an incorrect description, you must contact us immediately.

    Vehicles must always be described accurately, in detail, and in accordance with the descriptionprocedurein effect, which must be followed at the time the vehicle is listed. None of the requested information about the vehicle description and listing may be omitted.

    TradeHelper reserves the right to request additional information and/or documentation on a vehicle and its description if it deems that the information and documentation submitted are insufficient.

    The vehicle’s odometer reading is not guaranteed by TradeHelper. Given the nature of online auctions, a difference of up to fiveper cent(5%) for a maximum of three thousandkilometres(3,000 km) between the date when the vehicle is put up for auction and its delivery date is considered acceptable.

  6. About auctions on TradeHelper
    1. General

      TradeHelper.ca, at its discretion, may set a minimum opening bid for each vehicle. In addition, if the vehicle price is less than one thousand dollars ($1,000.00), a minimum bid increment of $50 is required. As soon as theone thousand-dollar($1,000.00) price level is reached, the minimum bid increment rises to $100 and when theten thousand-dollar($10,000.00) price level is reached, the minimum bid increment rises to $200.

      The bid is enforceable on the bidder, who chooses the maximum amount he wishes to offer. Bids already placed are enforceable and may not be retracted or lowered. Moreover, all bids may be recorded by TradeHelper and archived for as long as TradeHelper wishes.

      The highest bid placed on any unit that did not reach the intended reserve price will remain valid for 48 hours after the end of the auction.

      The second highest bid applied to any unit that has not reached the planned reserve price will remain valid 48 hours after the end of the auction.

      TradeHelper.ca reserves the right to cancel, at any time, an auctionunder wayor not yet started, without incurring liability and with no obligation to provide an explanation. An auction that has finished may not becancelled.

      When two (2) or more bidders place bids for the same amount, TradeHelper gives preference to the one submitted first.

      All sales arefinal,unless the arbitration process is initiated.

    2. Reserve Price

      The Seller sets the Reserve Price, that is, the minimum price for the vehicle. If TradeHelper, by any means whatsoever, finds a buyer ready to pay the Reserve Price or more for the listed vehicle in the condition described, the Seller is obliged to sell it. The same applies if the Seller accepts a lower bid after consultation and agreement with TradeHelper.

      As soon as the Buyer places a bid that is equal to or higher than the Seller’s Reserve Price, the agreement is binding on the Seller and the highest bidder and becomes enforceable on both parties. The Seller is obliged to deliver the vehicle, in the condition described, to the highest bidder. The highest bidder or other person who has received a contract in the purchase section is obliged to accept it and to settle the payment thereof.

      The seller has 48 hours, after the auction has ended, to accept or refuse an offer that has not met his reserve price.

      The Seller reserves the right to return a vehicle to auction up to three (3) times if the Reserve Price is not met.

    3. Buy It Now Auctions

      In order to initiate the Buy It Now auction type, the seller must correctly enter the Buy It Now price (the minimum price required to immediately sell the vehicle) within the appropriate fields. The conditions relating to the reserve price, as described in point # 2 below, remain applicable for Buy It Now auction types. It is important to note that should a Tradehelper.ca buyer bid at or above the listed reserve or price or at the buy it now price of any listed vehicle, the seller is obligated to sell that vehicle. The transaction will be completed and the auction willimmediateend once the buyer submits a final confirmation.

      Should a situation present itself where two (2) buyers submit a request to buy a vehicle at the buy it now price, the unit will be sold to the buyer who submitted their offerfirst.

      Once a buyer submits an offer equal to or greater than the reserve price, the user agreement states that the offer is now binding and both parties, buyerandseller, are obligated to complete the sale transaction.

      The seller must deliver the unit in the same condition and as described in the auction listing whilst the buyer is obligated to pay the seller all amounts owed and take possession of the vehicle within the required timelines set forth by TradeHelper.ca

    4. Auction fee

      All users acknowledge the right of TradeHelper to collect an auction fee on each transaction conducted on its website, and they authorize it to do so.

      The Buyer must pay an auction fee of $85,00 for a vehicle when the sold price is less than $1,000.00, a fee of $125.00 when the sold price is between $1,000.00 and $4,999.00, a fee of $175.00 when the sold price is between $5,000.00 and $7,499.00, a fee of $185.00 when the sold price is between $7,500.00 and $9,999.00,a fee of $195.00 when the sold price is between $10,000.00 and $14,999.00,a fee of $210.00 when the sold price is between $15,000.00 and $19,999.00, a fee of $225.00 when the sold price is between $20,000.00 and 29,999.00 and a fee of $275.00 for a vehicle with the sold price of $30,000.00 or more. These fees are added to the total amount of the transaction when a vehicle reaches its reserve price at auction, or, if in any way, an agreement is made between a buyer and a seller through TradeHelper.ca. All vendors are responsible for reimbursement of these fees to TradeHelper on a monthly basis.

      The auction fee is subject to federal and provincial sales taxes. A Buyer who is exempt from provincial sales tax must provide satisfactory proof thereof to TradeHelper.

      After a contract of sale has been issued, Tradehelper.ca reserves the right to charge a cancellation fee to the seller since the seller has not respected their commitment to the buyer.

    5. Buyer-Seller relations

      If a transaction is conducted through TradeHelper, it is binding on the Buyer and the Seller. The Buyer is obliged to pay the agreed-on amount and the Seller must deliver the vehicle in the condition described.

      Any transfer documents in the Seller’s possession, including motor vehicle registration certificates, must be given to the Buyer at the time of the title transfer. If the Seller does not have these documents, he must indicate this in the “Vehicle description” section and indicate when they will be available.

      If the Seller is unable to transmit the documents, he must reimburse the Buyer for any costs incurred to obtain them.

      The Buyer must take possession of the vehicle within three (3) business days of the date of purchase of the vehicle for a provincial sale and within six (6) business days of the date of purchase of the vehicle for an interprovincial sale.

      The Seller reserves the right to block all bids from a particular person.

      No Buyer may assign his rights to a vehicle acquired in a transaction conducted through TradeHelper, nor transfer or dispose of it before having paid the purchase price in full.

      Buyers are responsible for checking the validity of the registration of the vehicles they purchase; TradeHelper cannot be held liable in any way for non-valid registrations. If a registration is not valid, the Seller must rectify the situation within ten (10) days, or else fully reimburse the Buyer and take the vehicle back.

      The Buyer acknowledges and agrees that once the deal is closed, he has acquired the vehicle described in the sales contract and therefore recognizes that, from then on, the Seller is released from any liability for the loss and/or destruction of the vehicle described in the sales contract.

      In the event of a Buyer-Seller dispute that cannot be resolved through an informal settlement, the parties should use the arbitration service offered by TradeHelper.

    6. Vehicle registration service offered by TradeHelper.ca

      It should be noted that no warranty is offered with the vehicle registration service, no mechanical inspection is made during registration. This is a photography service.

      Our registration agents are trained to provide the best possible service. However, no warranty is provided with respect to the declaration of the vehicle(s).

      Sellers using our registration service are not exempt from arbitration requests and rules.

      If a Buyer wishes to initiate an arbitration request for a vehicle that has been registered by one of our registration agents, TradeHelper.ca will reimburse the vehicle registration charge on the Seller’s next monthly invoice.

      The Seller must complete the registration form via their Tradehelper.ca prior to the registration agent's arrival.

      The Seller is responsible for entering the vehicle (s) declaration (s) to be posted on the registration form prior to the registration agent's arrival.

    7. Post-sale inspection service

      The post-sale inspection service conducted by Apex Inspection Solutions is payable upon receipt, prior to making a post-sale inspection appointment.

      Arbitration rules are in effect even if the Buyer requests a post-sales inspection.

      The result of the post-sale inspection is communicated to both parties once the inspection has been completed.

    8. Payment

      All amounts owed must be paid in full or in part before or immediately after the end of the auction. Vehicle ownership papers will be remitted only after the full purchase price has been paid.

      All payments must be madeincash, certified check, company check, via the company's bank transfer service, or via the financing plans offered on TradeHelper.ca. Payments that will not be covered by TradeHelper.ca must be made on behalf of the selling dealer. The seller reserves the right to accept any other type of payment.

      The Buyer may not transfer the vehicle title until the vehicle has been paid for in full.

  7. Intellectual property

    TradeHelper is the sole owner of the intellectual property respecting the texts, photographs, graphics, arrangements and design for the TradeHelper website, all rights reserved. Any use of the website material, including reproduction, modification, distributionandcopying, is strictly prohibited without the prior written consent of TradeHelper.

    All rights regarding the auction system, such as terms and conditions, descriptions, data, operating methods and know-how, remain the sole property of TradeHelper.

    Users must use the TradeHelper auction system and website solely for the purposes for which they are intended.

  8. Restrictions and obligations

    The Buyer or Seller, as the case may be, may not use the TradeHelper service, or allow it to be used, for a purpose or in a manner contrary to the laws and regulations in effect.

    The Buyer or Seller, as the case may be, is entirely liable for the information he posts on the website.

    The Buyer or Seller, as the case may be, confirms that the personal and/or corporate information given to TradeHelper is accurate, and undertakes to notify TradeHelper of any changes.

  9. Limited liability

    The website and all its content, including information, charts, texts, photosandlinks, are from sources considered reliable; all information is considered faithful and accurate when it is posted on the website. Notwithstanding the preceding, TradeHelper in no way guarantees the exactitude, reliability or pertinence of the content and reserves the right to change it at any time without notice.

    Content is provided “as-is” and “where available”, with no implicit or explicit guarantee. TradeHelper can in no way be held liable for direct or indirect damage and/or profit loss, special or indirect interests or damages, loss of business, loss of data and information, or any other situation resulting from the use of or inability to use the website, whether or not TradeHelper was notified of the possibility of such damages.

    TradeHelper is not liable for any printing or typing errors.

TRADEHELPER RESERVES THE RIGHT TO AMEND, CHANGE OR UPDATE THESE TERMS OF USE AT ANY TIME. THROUGH ANY SUBSEQUENT USE OF THIS SITE, YOU AGREE TO COMPLY WITH SUCH AMENDMENTS, CHANGES OR UPDATES. THESE TERMS OF USE SHALL BE INTERPRETED UNDER THE LAWS OF THE PROVINCE OF QUÉBEC.