ARBITRATION POLICY EFFECTIVE DATE: In-Lane and Online January 15, 2021 - Standards - National Auto Auction ...

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ARBITRATION POLICY EFFECTIVE DATE: In-Lane and Online January 15, 2021 - Standards - National Auto Auction ...
Standards

      ARBITRATION
        POLICY
            In-Lane and Online

            EFFECTIVE DATE:
             January 15, 2021

Standards                        Page 1 of 14
ARBITRATION POLICY EFFECTIVE DATE: In-Lane and Online January 15, 2021 - Standards - National Auto Auction ...
Arbitration Policy
                                                                    Effective Date: January 15, 2021

                                                       3. Auction VIN Policies
I.   General Policies:
                                                          All vehicles consigned must have a visible
1. Fair and Ethical Sale                                  public Vehicle Identification Number (VIN)
                                                          plate attached to the vehicle by the
     The sales made at an Auction are intended            manufacturer or state inspector (state
     to promote fair and ethical treatment to             reassigned VIN only). Those vehicles having
     both the Buyer and Seller. If Auction                a reassigned VIN plate by the State in place
     determines that the transaction is not fair          of the original VIN plate must be announced
     and ethical to either party, the Seller and          or will be subject to sale cancellation or
     the Buyer agree that Auction may cancel              Buyer return. Auction reserves the right to
     the sale, at its sole discretion. Federal,           refuse the sale of any vehicle in which the
     State, and Local laws supersede these                VIN plate appears to be altered in any way.
     policies where applicable.

2. Auction Role in Sale:

     a.   Auction makes no representations or
          guarantees on any vehicle sold or
          offered for sale.

     b. Auction is not a party to the contract of
        the sale. The sales contract is between
        the Seller and Buyer only.

     c.   All vehicles bought or sold on the
          premises must be processed through
          the Auction office. Failure to do so will
          result in suspension of trading privileges
          at Auction.

     d. Auction reserves the right to review any
        audio/video documentation to verify the
        accuracy of a sale.

     e.   Any vehicle consigned with the Auction
          is subject to government inspection,
          with or without prior notice, by the FBI,
          State Police, National Auto Theft
          Bureau, Local Police Authorities, any
          other governmental agency, or quasi-
          governmental agency.

Standards                                                                          Page 2 of 14
Arbitration Policy
                                                                      Effective Date: January 15, 2021

                                                       3. Red Light – Limited As-Is: Vehicles
II.   Sale Light System:                                  selling under the red light will only qualify
                                                          for arbitration under the rules outlined in
      Auction has a standard light/video display          this policy. (As-Is dollar amount, model
      system to describe the condition and/or             years, and mileage are subject to local
      disclosures related to the vehicle being sold.      auction policy).
      The system is defined as:
                                                       4. Blue Light Title Attached/Title
1. Green Light –Ride and Drive: The green                 Unavailable/Title Absent: This light is
   light signals that this vehicle is guaranteed          used to announce that the title is not
   under the conditions outlined in this policy           present (auction managed location) at the
   by the seller. Any defects or issues requiring         time of the sale. For Auction rules regarding
   disclosure per this policy should be                   titles please refer to the Title Arbitration
   announced using the green and yellow                   Policy section. If “title
   lights.                                                attached/unavailable/absent” is not
                                                          announced, a vehicle could be arbitrated for
2. Yellow Light – Limited Guarantee: This                 no title in the absence of auction company
   light is an indication to the Buyer that the           policy.
   Auctioneer or Selling Representative has
   made announcements that qualify/clarify
   the condition or equipment and limit
   arbitration of this vehicle in conjunction with
   the green light or when “limited guarantee”
   is announced.

                                Announcement /Light Legend
                                                   Light Usage Recommendation
                  Announcements:
                                                  Green      Yellow     Red
                  Ride & Drive Only                 P          N/A      N/A
       Ride & Drive with Caution Announcement       P           P       N/A
               Limited Guarantee Only              N/A          P       N/A
                  Limited As-is Only               N/A         N/A       P

Standards                                                                             Page 3 of 14
Arbitration Policy
                                                                   Effective Date: January 15, 2021

III.    Seller Responsibilities:                    6. The announcement of the presence of
                                                       warning lights does not exempt a Seller
1. Seller will be held responsible for the             from arbitration responsibilities as defined
   accuracy and completeness of all                    by the policy. The issue/defect found to be
   representations or descriptions. This               the cause of the light may be arbitrated
   includes handouts, catalogues, vehicle              within the stated time period and dollar
   markings, condition information or vehicle          amount threshold according to Appendix 1.
   listings and verbal or written statements
   made by Seller, Auction, Auctioneer or           7. The availability of a manufacturer’s
   Selling Representative at the time of sale.         warranty shall not affect a Buyer’s right to
   This includes the condition report written by       arbitrate a vehicle. Regardless of the
   or on behalf of the seller as per the “NAAA         warranty coverage in terms of the root
   Generic Condition Report Position                   cause of the complaint, an announcement
   Statement”. The Seller understands that             may be required.
   the sale light/video display is a binding
   arbitration representation of vehicle            8. In the event of a successful arbitration by
   condition, and is therefore responsible for         the Buyer, the Seller is responsible for
   ensuring that their vehicles sell under the         reimbursement of all reasonable
   correct light in the lane.                          documented expenses incurred by the
                                                       Buyer (excluding profit, commissions and
2. Mileage announcements are not required for          detail charges) on vehicles arbitrated for
   vehicles that are deemed exempt from                undisclosed conditions. Reimbursements
   Odometer and Title disclosure laws unless a         that qualify under these guidelines will be at
   mileage discrepancy is known or apparent            the sole discretion of the Auction and will be
   to the seller. The Seller may represent miles       limited to the reasonable and documented
   on exempt vehicles; any disclosures made            expenses at auction (wholesale) repair cost.
   by the Seller and all known odometer
   discrepancies are grounds for arbitration.       9. Seller will not be paid for vehicles in
                                                       arbitration until arbitration is settled and
3. Title discrepancies must be announced               vehicles are sold. For arbitrations occurring
   including, but not limited to: not actual           after the seller has been paid, seller is
   miles, salvage, theft recovery, stolen              required to promptly return the payment to
   vehicle, flood damage, Lemon Law buybacks           the auction if the transaction is voided as a
   and trade assist.                                   result of arbitration.

4. If a vehicle is being offered for sale by a
   third party, an announcement of “3rd Party
   Seller” is required. Disclosure requirements
   and time limits are subject to local auction
   policy.

5. Announcements are required for any
   matters that relate to the safety or integrity
   of the vehicle including as per the stated
   dollar threshold and disclosure requirements
   stated in this policy, all requirements under
   local, state or federal statutes or
   regulations. Announcements must be made
   both verbally and disclosed on the auction
   invoice/sale contract/bill of sale or
   equivalent document in a physical or online
   auction environment.

Standards                                                                         Page 4 of 14
Arbitration Policy
                                                                          Effective Date: January 15, 2021

IV. Buyer       Responsibilities:                          6. The Buyer shall not surrender possession of
                                                               the vehicle to any claimant, except as
1. Prior to placing bids, the Buyer is responsible             required by legal process, nor shall Buyer
    for inspecting the vehicle, listening to and
                                                               voluntarily pay or acknowledge the validity
    reviewing any verbal or written announcements
                                                               of any claim, without the prior approval of
    and disclosures made by the Seller, Auction,
                                                               Auction. Time is of the essence. Any failure
    Auctioneer or Selling representative. Buyers are
                                                               on the part of the Buyer, after becoming
    also responsible for reviewing all pertinent
                                                               aware of said claim, to notify Auction of any
    information available online, including, but not
                                                               claim in a timely manner or failure of the
    limited to, announcements, disclosures,
                                                               Buyer to cooperate in defending any such
    condition reports, pictures and online listings.
                                                               claim shall relieve Auction and seller of any
    Buyers are also responsible for observing and
                                                               liability under this policy.
    understanding the sale lights (Green,
    Green/Yellow, Yellow, Red, and/or Blue), which         7. A vehicle is not considered returned until
    identify various sale conditions for the vehicle.          received, inspected and approved for return
    Once the vehicle is sold, the Buyer must review            by Auction management. Any vehicle
    the Auction sales receipt or appropriate                   returned must be in the same or better
    document to confirm the vehicle price,                     condition as when sold. Any vehicles
    disclosures and announcements are correct                  delivered to and left on Auction premises
    before legibly printing and signing their name or          without Auction approval remain the sole
    digitally/electronically signing the Auction sales         responsibility of the Buyer. Buyer assumes
    receipt or appropriate document.                           all risk of loss. Vehicle must be returned in
                                                               a timely manner consistent with Auction
2. It is strongly encouraged that a Buyer should               direction.
    have a Post Sale Inspection (PSI), warranty or
    assurance product from the auction on vehicles         8. Vehicles with over (auction choice) miles
    purchased.                                                 from when sold are not eligible for
                                                               arbitration.
3. Buyer agrees to be liable for any and all work
    done to a vehicle (including a vehicle purchased
                                                           9. The Seller/Auction shall not be liable for any
                                                               vehicle sale or repairs made by the Buyer
    as title attached, unavailable or absent) prior to
                                                               before the title is received by the Buyer. If
    returning the vehicle to Auction except on
                                                               the title has been mailed from Auction to
    vehicles arbitrated for undisclosed conditions
                                                               Buyer, Buyer may not return vehicle. If the
    not detectable through vehicle inspection,
                                                               Seller presents a valid negotiable title to the
    including but not limited to, not actual miles,
                                                               Auction within close of business on the next
    salvage, theft recovery, stolen vehicle, flood
                                                               day (excluding weekends and auction
    damage, Lemon Law buybacks and trade assist.
                                                               observed holidays) from the time that the
                                                               Buyer notifies the auction of their intent to
4. The Buyer is financially responsible for any                return the vehicle, then the transaction will
    pending sale and assumes all risk of loss until
                                                               stand.
    arbitration is final.

5. The Buyer or Buyer’s agent (transporter or
    driver) must document any damage on the gate
    release prior to removing the vehicle from the
    Auction or facilitation service provider’s location.
    Auction or facilitation service provider and Seller
    will not be responsible for any damage not
    identified on the gate release once the vehicle is
    removed from the location.

    Standards                                                                             Page 5 of 14
Arbitration Policy
                                                                    Effective Date: January 15, 2021

                                                     6. If the title problem is due to a clerical or
V.   Title Arbitration Policy:                          coding error, or incomplete documentation,
                                                        Auction shall be given reasonable time after
1. All titles submitted by Seller must be in
                                                        receiving notice to have the error corrected.
   Seller’s company name on title or on a
   properly executed reassignment form. The
                                                     7. Applications or other documents related to a
   Seller guarantees the titles of vehicles that
                                                        duplicate title will not be accepted, unless
   are sold through Auction. This guarantee of
                                                        announced as such or if allowed by the
   the title warrants that the title shall be
                                                        appropriate jurisdiction.
   marketable and free and clear of all liens
   and encumbrances. This includes any brand
                                                     8. Where legal by municipal and/or state law,
   (such as “salvage”) noted upon the current
                                                        any vehicle being offered for sale with a
   or any prior certificate of title unless such
                                                        foreign (non-US) title, must be disclosed
   encumbrances were announced at the time
                                                        prior to the sale by the seller. Disclosure
   the vehicle is sold through Auction and for a
                                                        requirements and time limits are subject to
   period of four (4) years from the date of
                                                        local auction title policy. Vehicle must be
   sale. Seller’s liability under this title
                                                        legal to sell in the United States.
   guarantee shall never exceed the Auction
   sale price (the “maximum amount”) of the
                                                     9. Seller has up to a maximum of [see
   vehicle, and this maximum amount shall be
                                                        individual Auction Company’s Title Policy
   reduced by two percent (2%) per month
                                                        (Auction Choice)] calendar days for title to
   following Auction sale date. All liability
                                                        be received by Auction. (Sale day is Day 1).
   under this title guarantee shall expire and
                                                        After (Auction Choice) calendar day period,
   terminate four (4) years after Auction sale
                                                        it is the Buyer’s option to return the vehicle
   date. Auction will not be responsible for
                                                        or wait a reasonable period of time for the
   any expenses incurred on vehicles returned
                                                        title. If, after 90 calendar days, Seller has
   for late title.
                                                        not produced negotiable title and Buyer has
                                                        not returned the vehicle, this title guarantee
2. Seller warrants, represents and guarantees
                                                        shall not apply and Auction shall have no
   possession and conveyance of a certificate
                                                        duty to produce the certificate of title to the
   of title, properly executed, valid in the state
                                                        Buyer and shall have no duty to pay Seller.
   where the transaction is occurring and clear
   of all liens and encumbrances (except
                                                     10. Vehicles lacking a properly assigned title or
   current year DMV fees in California), and
                                                         reassignment to transfer a title at time of
   seller warrants and will defend the title
                                                         sale must sell “Title Attached/Title
   against the claims and demands of all
                                                         Unavailable/Title Absent,” with the Blue
   persons whatsoever.
                                                         light on.
3. Seller will ensure that the title must be
                                                     11. Vehicles lacking lien release or a valid repo
   reassigned directly to Buyer. Any title
                                                         affidavit for a repossessed vehicle (where
   assigned directly to facilitating auction will
                                                         allowed by law) must be sold “Title
   not be accepted.
                                                         Attached/Title Unavailable/Title Absent,”
                                                         with the Blue light on.
4. Seller will not be paid for vehicles until a
   transferable title is received.

5. Auction accepts no responsibility for non-
   titled vehicles sold without title. Seller must
   announce the vehicle being sold with a bill
   of sale only and that there is no title to
   transfer. All non-titled vehicles and
   equipment will be sold “Limited As-Is.”

Standards                                                                          Page 6 of 14
Arbitration Policy
                                                                      Effective Date: January 15, 2021

12. In regard to defect in title, and in any         3. Required Conversion
    matter relating to odometer mileage,
    odometer statements, or damage disclosure            a.   All other vehicles imported must be
    statements: Seller and Buyer agree to                     imported through a Registered
    indemnify and hold harmless Auction from                  Importer. Registered Importers are
    any liability, loss costs, damage or expense,             required to post a bond with the U.S.
    including attorney fees which may arise                   Department of Transportation and/or
    either directly or indirectly from the sale               National Highway Transportation Safety
    and purchase of the consigned vehicle                     Administration. All vehicles imported
    including but not limited to title services               through a Registered Importer must
    provided.                                                 have:

13. Whenever any claim is made by any person                    i. U.S. Safety Standard Certification
    against the title of a vehicle, whether by                     Label that identifies the Registered
    suit or otherwise, the Buyer, after becoming                   Importer
    aware of said claim, shall immediately notify              ii. Valid U.S. Title or Legal Foreign Title
    Auction. This involves giving full particulars            iii. Meet ALL Federal NHTSA, D.O.T.
    of claim, cooperating fully in defending any                   and/or E.P.A. Mandated Guidelines
    legal action, and in taking other steps to                iv. Documentation must be provided at
    minimize possible loss.                                        any time by seller.
                                                               v. Cleared the mandated wait time.

                                                         b. All vehicles, whether imported by a
VI. Previous  Canadian                                      Manufacturer or a Registered Importer,
    and/or Grey Market                                      must show miles per hour on the
                                                            speedometer and miles traveled on the
    Vehicles:                                               odometer. Title 49, United States Code,
                                                            Chapter 327, Section 32704, allows
1. A “Previous Canadian” disclosure is required             replacement odometers without a door
   for any vehicle (regardless of manufacturing             frame sticker if the conversion from
   origin) having been registered in a Canadian             kilometers to miles can be done without
   province. Additional announcements may be                changing the distance traveled by the
   required as well due to the use in Canada                vehicle; therefore, replacement of an
   (i.e. Full or partial voided warranty, foreign           odometer under these circumstances
   title and etc.)                                          does not have to be announced by the
                                                            Seller.
2. Any vehicle not originally built to U.S.
   specifications can, under certain
   circumstances, be imported through a              VII.     Arbitration Guidelines:
   registered importer who modifies the
                                                     Vehicles that have any of the defects outlined in
   vehicle to comply with U.S. equipment and
                                                     Appendix I that were not disclosed by the seller
   safety regulations (DOT and NHTSA) and
                                                     or announced at the time of sale must be
   then certifies it as compliant, and an
                                                     reported to Auction within the time frame noted
   independent commercial importer who
                                                     below in order to be eligible for arbitration.
   modifies the vehicle to comply with U.S.
                                                     Vehicles must be returned to Auction in the
   emissions regulations and then certifies it as
                                                     same or better condition than when purchased
   compliant. Only vehicles properly converted
                                                     with no more than (auction choice) miles.
   to U.S. specifications can be sold and must
   be announced as such.

Standards                                                                            Page 7 of 14
Arbitration Policy
                                                                   Effective Date: January 15, 2021

1. Time Period: Refer to Appendix I for                 assemblies unless the defect will not allow a
   arbitration time periods. Sale day is Day 1.         safe test drive.
   Arbitration shall end at the close of business
   as determined by each Auction on the last         e. Wearable Items: Auction will not arbitrate
   calendar day in the time period.                     vehicles for wearable items normally worn
                                                        vs excessively worn or inoperative (not
2. Process: Any single mechanical defect that           inherent). For purposes of this policy
   has a repair cost of $600 or more is subject         wearable items are defined as parts of the
   to arbitration on vehicles sold under                vehicle that the manufacturer recognizes
   qualifying lights and lack of announcement           the need for replacement/adjustment during
   by the seller per Appendix I. Each vehicle           the expected life of the vehicle driven the
   transaction is allowed one chance at                 average miles per model year (15k). These
   arbitration. The arbitrator will inspect only        items are normally identified in the Owner’s
   the defect that is on the initial arbitration        Manual for routine check and replacement
   claim. Repair costs will be determined by            and would include, but are not limited to,
   the auction and will reflect the auction cost        air ride suspensions, tires, wipers, brake
   to repair. If price adjustment is made and           pads, shoes, rotors, belts, hoses,
   accepted, vehicle becomes property of the            lubricants/fluids, timing belts, bulbs, filters,
   Buyer, and is not subject to any further             shocks and struts.
   arbitration. The auction management makes
   the binding decision upon both the Buyer          f. Unsafe vehicles: Auction reserves the right
   and Seller on all arbitration matters.               to reject any vehicle that management
3. Fees: Auction reserves the right to assess           judges to be unsafe.
   an arbitration fee to the Buyer. If the
   arbitration is valid, Auction reserves the        g. Vehicles may not be arbitrated based solely
   right to assess an arbitration fee to the            upon information provided in Electronic
   Seller in addition to any charges associated         Data Vehicle Histories (EDVH) or printed
   with the arbitration.                                EDVH reports. Auction and Seller are not
                                                        bound by information listed in EDVH.
4. Not subject to arbitration:                          Examples of EDVH include Carfax,
   a. Vehicles exceeding 20 model years, with           AutoCheck, NMVTIS, etc. The facilitating
      the exception of trailers, RVs, and               Auction may investigate vehicle history
      watercraft, which cannot be arbitrated if         based on information found in EDVH for
      they exceed 10 model years.                       information that may impact arbitration.

    b. Kit vehicles, homemade vehicles, or           h. Auction is not bound by vehicle grades or
       modified vehicles are sold “As-Is” and           other types of scoring systems placed upon
       cannot be arbitrated for odometer,               the vehicle. Buyers may only arbitrate a
       structural issues, warranty books, or            vehicle based upon damage or defects that
       model year.                                      were present at the time of the sale of the
                                                        vehicle.
    c.   Inherent Conditions: No arbitration can
         be based on conditions that are inherent    i. Vehicles with more than (auction choice)
         or typical to a particular model or            miles from time of sale.
         manufacturer. Manufacturer warranty
         guidelines will be used where applicable
         to determine whether the condition is
         inherent. Additional resources can be
         found on NAAA’s Standards page at
         www.NAAA.com.

 d. Manual Transmissions: Vehicles with
    standard (full or partial shift) transmissions
    cannot be arbitrated for manual clutch

Standards                                                                          Page 8 of 14
Arbitration Policy
             Effective Date: January 15, 2021

Standards          Page 9 of 14
Arbitration Policy
                                                                   Effective Date: January 15, 2021

                                                        b. UVMS-Used Vehicle Measurement
VIII.    Structural Damage,                                Standard. The commercially acceptable
         Alteration or Certified                           measurement deviation from the
                                                           vehicle’s original structural
         Structural Repair or                              specification in order for any deviation
         Replacement Policy                                not to be considered structural
                                                           damage.
The purpose of the NAAA Structural Damage
Policy is to define and clarify terminology             c.    Permanent Damage (aka “Kinked” or
associated with structural issues and to specify             “Broken”)- The result of two or more
the disclosure requirements of the seller for                objects striking or coming together at a
vehicles offered at NAAA affiliated auctions.                significant change in velocity that
The policy is intended to provide adequate                   permanently deforms the structural
disclosure to the buyer for informed purchase                component(s) rendering it non-
decisions and to limit arbitrations for the seller.          repairable per the manufacturer.
This policy, along with the main Arbitration
Policy will serve as the primary criteria for all
arbitration proceedings.                              2. Recommended Disclosures
                                                        a. Structural Damage-Damage to the
1. Definitions                                             structure or a specific structural
    a. Vehicle Structure-The main load-                    component of the vehicle. Often
       bearing platform of a vehicle that gives            referred to as frame damage, although
       strength, stability and design                      it also applies to Unibody and Unibody
       exclusivity and to which all other                  on Frame structures in addition to
       components of the vehicle are                       Conventional Frame.
       fastened. For purposes of this policy,
       there are three macro types:                     b. Certified Structural
                                                           Repairs/Replacement-Repairs to a
        i. Unibody - A type of structure                   specifically identified structural
           whereby the floor pan assembly, roof            component of a vehicle that has been
           bows/braces, pillars, etc. are bonded           certified to be within the Used Vehicle
           together into one unit, thereby                 Measurement Standard (UVMS).
           eliminating the need for a separate
           conventional structure                       c.   Structural Alteration -An alteration
                                                             to the vehicle’s structure including a
      ii. Unibody on Frame-A type of                         lengthened or shortened frame, a
          structure whereby a unitized                       modified suspension, or the installation
          structure is bolted to a conventional              or removal of after-market accessories.
          structure.

     iii. Conventional Structure-A type of
          structure consisting of two
          symmetrical rails (beams) connected
          by various cross-members.

Standards                                                                       Page 10 of 14
Arbitration Policy
                                                              Effective Date: January 15, 2021

3. Seller Disclosure Requirements                  h. Corrosion of structural components
                                                      determined by one or more of the
Sellers must disclose permanent structural            following; when the substrate loses its
damage, any structural alterations, structural        shape, the original bonds near the
repairs or replacements (certified or non-            affected area are loose or are no
certified) as outlined in this policy prior to        longer in existence, the original
selling a vehicle at auction regardless of sales      thickness of the substrate has been
channel or light condition. Disclosures are           changed by more than 25%, the
required for the following:                           affected area no longer possesses its
                                                      absorption or deflection properties.
    a.   Any/all existing permanent (non-
         repairable aka kinked or broken)          i.   Structural tear damage (i.e. transport
         structural damage as defined in this           tie down) if more than 1" in length
         policy                                         (measured from tear start/stop points)

    b. Improper and/or substandard prior           j.   Damage due to improper jacking or
       repairs (not meeting OEM repair                  lifting that permanently deforms
       guidelines)                                      structural components outlined in this
                                                        policy.
    c.   Repairs not certified using OEM
         guidelines or to be within the UVMS       k.   Damage due to contact with parking
         Improper alterations to the structure          abutments and/or road debris that
         Lengthened or Shortened structure              permanently deforms structural
         verified by visual inspection.                 components outlined in this policy.

    d. Altered suspension that requires the        l.   Roof bows/braces that have been
       structure to be modified from its OEM            modified, have existing permanent
       form.                                            damage or removed. A replaced roof
                                                        skin is not a required disclosure in
    e.   After-market accessories installed or          terms of the Structural Damage Policy.
         removed to the structure.
                                                   m. The C pillar/quarter or Cab panel may
    f.   Towing packages installed (or                or may not be a structural
         removed) where new holes are drilled,        component(s) as per the vehicle
         OEM holes are enlarged, or if the            manufacturer.
         towing package is welded or brazed to
         the structure.

    g. Multiple access holes (regardless of
       size) or singular access holes greater
       than 5/8". Access holes between 1/4"
       and 5/8" are subject to disclosure
       based upon location and condition of
       structural component.

Standards                                                                  Page 11 of 14
Arbitration Policy
                                                                  Effective Date: January 15, 2021

4. Arbitration Rules for Structural                         responsible for the charges paid to the
   Damage, Alteration, Certified                            facility.
   Repairs or Certified Replacement
                                                     f.     Visual evidence supersedes any/all
    a.   A vehicle may be arbitrated if it has              mechanical or electronic
         undisclosed existing permanent                     measurements.
         damage alteration, Certified Repairs or
         Certified Replacement, which should         g. For measurements according to the
         have been disclosed under this policy,         UVMS, the following guidelines will
         even though the vehicle is within the          apply:
         UVMS. If a structural issue is properly
         disclosed, the vehicle may only be               i.    The vehicle structure must
         arbitrated for improper repair of the                  measure to a total tolerance of no
         designated area, existing permanent                    more than +/- 8 millimeters (mm)
         damage or repairs to other areas of the                of published specification of length,
         vehicle not disclosed, or for failure to               width and height at control points
         be within the UVMS that was verified                   that capture the front (2), center
         by visual inspection.                                  (4) and rear (2) sections of the
                                                                vehicle.
    b. Damaged or replaced radiator core
       supports or rear body panels do not                ii.   Symmetrically (comparative
       require a structural disclosure under                    measure from side to side and
       this policy.                                             point to point based on point
                                                                measurement), the length, width
    c.   Damage to the aprons, rail floor pan                   and height must measure to a
         assembly, inner wheelhouse (upper or                   difference of no more than
         lower), D pillar (if equipped) or other                6 mm. Upper body measurements
         ancillary structural components on a                   (tram gauge) by themselves will
         unitized structure in the area where                   not be adequate.
         the radiator core support or rear body
         panel attaches will require a disclosure    h. Buyer must arbitrate any/all structural
         if permanent damage exists.                    misrepresentations as outlined in this
                                                        policy within published timelines
    d. Brazed exhaust hangers are not a                 (outlined in the main Arbitration Policy
       required disclosure under this policy.           Guidelines) from date of purchase
                                                        (purchase day counts as Day One).
    e.   Facilitating auction will, at its
         discretion, have a vehicle measured         i.     The buyer must contact and follow the
         according to the UVMS at a facility of             arbitration process of the auction
         its choice. Prior to sending the vehicle           where the vehicle was purchased
         for measurement, the auction reserves              including the auction’s direction for
         the right to complete a visual                     return of the vehicle and the timeframe
         verification of the physical condition of          allowed for the vehicle to be returned.
         the vehicle to determine that it should
         be measured. If the measuring facility      j.     In the event of improperly disclosed
         determines that the vehicle is within              structural damage by the seller, the
         the UVMS, the buyer of the vehicle will            buyer will be entitled to reimbursement
         be responsible for the charges paid to             in accordance with the main Arbitration
         the facility. Likewise, if the measuring           Policy.
         facility determines that the vehicle is
         not within the UVMS, the seller will be

Standards                                                                       Page 12 of 14
Arbitration Policy
             Effective Date: January 15, 2021

                  IX.   Flood,

Standards                Page 13 of 14
Arbitration Policy
                                                                  Effective Date: January 15, 2021

                                                   2. Disclosure Required
         Damage Policy
                                                      Disclosure is required and arbitration shall
Vehicles are frequently exposed to moisture           be allowed under the following conditions:
during their ordinary operation, maintenance,
and reconditioning. Occasionally, such                a.    The title has been correctly branded
exposure may leave residual marks or                        indicating flood history of the vehicle.
indicators similar to those left by exposure or
immersion of the vehicle in floodwater. In            b. Any of the following components have
determining what conditions require disclosure           been damaged due to stream, pond,
or in arbitrating vehicles for flood                     puddle or floodwater
exposure/damage it is critical that the total            immersion/ingress:
condition of the vehicle be considered including
VIN data history. Disclosure requirements can              i.   Front or rear internal lighting or
be found in Appendix I.                                         wiring harnesses
                                                        ii.     Engine and its major components
1. Disclosure Not Required                             iii.     Transmission and differential
                                                       iv.      Dash instrument panel and wiring
    No disclosure is required nor is arbitration        v.      Passenger seat cushions
    allowed for the following types of water           vi.      Power seat functions or window
    exposure, provided that none of the                         motor
    components outlined below are damaged:             vii.     Major sound system components

    a.   Rain, snow or sleet due to open
         windows, doors or tops or leaking
         seals.

    b. Car wash or rinse water.

    c.   Carpet or upholstery shampooing or
         cleaning.

    d. Stream, pond, puddle or floodwater
       that does not rise above the rocker
       panel or otherwise enter the passenger
       compartment.

    e.   Stream, pond, puddle or floodwater
         that enters the luggage compartment,
         but does not damage any electrical
         components (such as lighting or wiring
         harness) or does not enter the
         passenger compartment.

Standards                                                                       Page 14 of 14
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