TradeBid Arbitration Policy

TradeBid’s has an Arbitration Policy in place to protect both our buyers and sellers on the platform. For any arbitration cases that arise, TradeBid work closely with the buyer and the seller to ensure fairness for both parties. Ultimately all vehicles sold on the platform should be described correctly and it is also the buyer’s obligation to ensure that they do their research on the vehicle before placing a bid. Each vehicle on TradeBid has a History Check (Full Irish & UK including Finance provided by VMS – sample here), a PAVE Inspection Report (outlining any cosmetic damage to the vehicle – sample here) along with disclosures from the seller outlining any mechanical issues or significant other issues that should be disclosed.

The below policy outlines in detail the cover and timelines that TradeBid adhere to when dealing with any arbitration cases. There are Terms & Conditions along with obligations for the seller as well as the buyer to ensure all parties are covered. If you have any questions on the below do not hesitate in getting in touch with our Customer Success Team on 01-5461085 or by email at support@trade-bid.ie.

TradeBid has a zero tolerance policy for sellers who do not accurately describe vehicles and a zero tolerance policy for buyers who arbitrate vehicles when the vehicle has been correctly disclosed by the seller. This policy ensures that sellers can sell securely on TradeBid and buyers can buy with confidence and assurance that any issues are addressed.
 

TradeBid Arbitration Policy - Summary

1. Seller’s are responsible for accurately describing the vehicles, in accordance with TradeBid’s detailed seller obligations
2. Buyer’s are responsible for reviewing the listing in detail before bidding
3. If a vehicle is not described correctly by the seller it is arbitrable via TradeBid in accordance with the arbitration policy
4. Arbitration requests must be submitted within 48 hours of the vehicle being delivered, via the Arbitration section within the dashboard on TradeBid
5. All arbitration cases will be responded to within 24 hours
6. Arbitration rate to date has been less than 3% and 95% of arbitration cases have been resolved in less than 3 days
7. Arbitration cases may be considered void - if vehicle is listed for sale or repairs are carried out without approval from TradeBid.
8. Buyers and Sellers can contact the TradeBid Customer Success Team at anytime on 01-5461085 or by email at support@trade-bid.ie with any questions regarding the auction or arbitration.

Seller Obligations

8. Seller Responsibilities. A Seller will build confidence in its product and credibility with Buyers by disclosing all material facts about the history and condition of Vehicles offered for sale. It is Seller’s obligation to fairly represent its Vehicle and to correct any errors made regarding disclosed conditions. Seller is responsible for the accuracy and completeness of all disclosures regardless of whether Seller has relied on third party resources (e.g. inspection product, vehicle listing service, electronic data vehicle history report, vehicle registration decoder, etc.).

9. Online Photographs and Video. Photographs and video must accurately and fairly represent the condition of the Vehicle. Photographs/video of damage or other conditions that could materially affect the value of a Vehicle should be provided.

10. Disclosures. A Seller who lists a Vehicle for sale on the TradeBid System is required to disclose the information listed in the table below (each a “Disclosure”) in the description section of the TradeBid Seller App when uploading a vehicle, if applicable. The list is not intended to be exhaustive. As vehicles and our industry change, the disclosure obligations required of Sellers may similarly change. Accordingly, TradeBid reserves the right to consider other information not specifically listed below.

Buyer Arbitration Policy

1. Arbitration Policies. TradeBid offers an arbitration service to resolve disputes between Buyers and Sellers. Our arbitration service is  governed by the terms and conditions (collectively, the “TradeBid Arbitration Policy”). The arbitration process is designed to be fair, impartial, quick, and economical.
2. Acknowledgement. By accessing the TradeBid System or otherwise using TradeBid’s services, you acknowledge and agree that any dispute arising due to the purchase or sale of a Vehicle will be resolved in accordance with the TradeBid Arbitration Policy. You hereby appoint TradeBid to serve as Arbitrator and empower it to render a final, binding decision in settlement of all Claims submitted for arbitration.
3. Definitions. In addition to the terms defined elsewhere in these Terms and Conditions, the following definitions apply:

“Arbitrator” means the TradeBid personnel responsible for adjudicating disputes and managing the dispute resolution process contemplated in this Policy.

“As Is” means the Vehicle is being sold with limited arbitration rights.

“Claim” means a claim submitted by the Buyer of a Vehicle for arbitration.

“Major Deception” means an act, representation or omission that materially affects the value of the vehicle and, having regard to all of the circumstances, would reasonably be regarded as misleading, unprofessional, or unethical.

“Policy” or “Policies” mean the TradeBid Arbitration Policy.

1. Buyer Obligations. Before bidding on a vehicle, buyer is required to know the arbitration rules in place for the vehicle. In addition, Buyer should carefully review all disclosed information including descriptions, photos, videos, condition reports and vehicle history reports. To preserve arbitration rights, Buyers are strongly encouraged to be diligent in their inspection and research of vehicle purchases within the relevant arbitration period.
2. “As Is” Vehicles. Arbitration rights are limited for “As Is” Vehicles. Vehicles that are 10 or more years older than the current model year or that have been driven 200,000 kilometres and sell for equal to or less than €3,000 are considered “As Is” Vehicles. Vehicles with a reserve value equal to or less than €3,000 will automatically be listed As-Is by the TradeBid System unless the Seller elects to override the “As Is” designation. Vehicles marked with the “As Is” tag do not qualify for arbitration under our arbitration policy. Exceptions will be made for any undisclosed major mechanical engine or transmission related issues impacting the driveability of the vehicle. “As Is” vehicles are advertised on the platform on behalf of our sellers in good faith and TradeBid cannot be held responsible in determining whether a vehicle marked “As Is” is or is not fit for purpose.  These vehicles are sold as seen and the buyer accepts there is an element of risk when buying a vehicle marked “As Is”.
3. Making an Arbitration Claim

1. Start Arbitration Claim. Before starting a Claim, Buyer must pay all amounts owing for the vehicle including any transportation costs. Buyer starts arbitration claim by submitting appropriate information and documentation online to TradeBid’s arbitration page through TradeBid’s arbitration portal before the expiry of the arbitration period which is 2 business days from the delivery of the vehicle. Buyer submits the following information: Buyer’s name and telephone number; contact person and telephone number; Vehicle Registration, model and year; delivery time; and a description of the issue(s) to be arbitrated and attaches any supporting documentation.
    
2. Submit Supporting Documentation. No later than 2 business days after starting the claim, buyer is required to submit supporting documentation including but not limited to: (i) the original online description of the Vehicle (condition report, Vehicle detail page, etc.) (ii) digital photographs of the defect(s) underlying the Claim, (iii) diagnostic reporting and wholesale (not retail) repair estimates from an independent and reputable source or evidence of an appointment scheduled in order to obtain such repair estimates; and (iv) bill of lading, transport release form, or other form of delivery receipt from transportation company, if applicable. Seller has two (2) business days to respond to arbitrator’s inquiries and preliminary findings. If seller fails to respond within the time limit, the arbitrator may decide the arbitration claim without further input from seller. If the arbitration results in cancellation of the sale or other remedy in favour of buyer, the Seller is required to reimburse Buyer its transportation costs and up to €100 of costs incurred (verified by invoice and before taxes) of obtaining repair estimates. Seller is required to pay any award amount that is determined by the arbitrator to be payable within three (3) business days. If payment is not received within the time limit, TradeBid reserves the right to assess a late payment charge and/or deduct the award amount from any amounts payable by TradeBid to Seller.

4. Buyer’s Obligations. Buyer will not use any vehicle that is subject to an arbitration Claim. Buyer may lose the right to make or continue a claim if buyer drives the vehicle other than for test driving purposes (not to exceed 100 kms). Pending a final decision on the claim, buyer must, at its own expense, take reasonable steps to care for, preserve, secure and store the vehicle until the vehicle is properly returned. Buyer is not entitled to charge any parking, marshalling or other fees in connection with its preservation of the Vehicle. Buyer will be charged the cost of damage repair and/or assessed a penalty fee for any breach of this provision. Under the following circumstances, at the discretion of TradeBid, an arbitration case may be considered void:
   1. Vehicle is advertised for sale on the Buyers website or other channels.
   2. The Buyer carries out repairs to the vehicle without prior approval or agreement from both TradeBid and the Seller. This applies to the rectification of issues raised in any arbitration case relating to the vehicle.
5. Buyer drives the vehicle other than for test driving purposes (exceeds 100 kms).  
   
   
    
6. Arbitration Periods. Depending on the nature of the claim, the Arbitration period will either be Regular or Extended. The Regular arbitration period is two (2) business days after the Vehicle is delivered to the Buyer. The Extended arbitration period is seven (7) calendar days from the date the vehicle is delivered to the buyer. Regular and Extended arbitration periods are noted in the table below.
7. Vehicle History Report Disclosures. Each Vehicle is accompanied by a Vehicle History Report powered by VMS. Arbitration is not available for disclosures in a Vehicle History Report. Please ensure that you review the Vehicle History Report carefully before bidding.
    
8. Lengthening the Arbitration Period. TradeBid reserves the right to lengthen the arbitration period when, in the opinion of TradeBid it would be fair and reasonable to do so. Although the Seller is required to make all applicable Disclosures, the Buyer is also required to be diligent in its inspection and research of its Vehicle purchases. Thus, if, by exercising reasonable diligence, the Buyer could have discovered a potential arbitration issue within the applicable time period, it is unlikely that an exception to the arbitration time limits will be made.
9. Investigation. The Arbitrator will review only issues identified in the initial Claim. The Arbitrator may, but is not required to, consult with the Buyer, Seller or both parties to gain a better understanding of the issue(s) under arbitration. Depending on the issue, the Arbitrator may also seek the advice of mechanics, trained vehicle inspectors or other automotive professionals. When appropriate, the Arbitrator may refer the Vehicle to an external resource such as a specialty shop for consultation.
10. Decision. After completing the investigation, the Arbitrator will decide whether the arbitration Claim is valid. Before deciding what the remedy should be, the Arbitrator may attempt to mediate a resolution between the Buyer and the Seller. If agreement cannot be reached, the Arbitrator will decide the appropriate remedy, if any.
     
11. Remedies. The Arbitrator has a broad discretion to grant any remedy or relief that he/she considers to be fair and reasonable in the circumstances. The purpose of the arbitration remedy is to ensure that the Buyer is fairly compensated for its loss. In some circumstances, such as where a Disclosure does not affect the value of the particular Vehicle, there may be no loss and thus no remedy. Remedies could involve: cancellation of the sale and refund of the purchase price, reimbursement of costs and/or expenses incurred including transportation costs, partial refund of the purchase price, repair of defect at Seller’s expense, repair of defect with the costs apportioned between the Buyer and the Seller, no financial or other compensation, or similar remedies.
     
12. Arbitration Fees and Costs. TradeBid reserves the right to assess an arbitration Fee against the Buyer and/or Seller. If TradeBid incurs costs as part of its investigation (e.g. referral to an external resource, towing, transportation, etc.) the Arbitrator, as part of the remedy imposed, will determine liability to pay the costs incurred. Arbitrations that result in the cancellation of a Vehicle sale may be subject to a void Fee at TradeBid’s discretion.
     
13. Finality. The decision of the Arbitrator and the remedy imposed is final and binding on the Buyer and Seller. By accessing the TradeBid System, the Buyer and Seller agree to participate in TradeBid’s arbitration process and to observe, perform and be bound by the decision of the Arbitrator. Upon fulfilling the Arbitrator’s decision, the Buyer and Seller are deemed to release each other from all claims and demands in respect of the matters referred to arbitration
14. Limitations on the Availability of Arbitration. Although there may be limitations on the availability of arbitration, Sellers are cautioned that TradeBid does not tolerate deceptive selling practices. Accordingly, TradeBid reserves the right to allow for arbitration notwithstanding the entries in the table below if TradeBid determines that the Seller has engaged in Major Deception.

1. Customers. Arbitration is a service available to TradeBid buyers and sellers only and not to their customers. The service is not available if the buyer no longer has possession or ownership of the Vehicle.
2. Legal Proceedings

1. No action or legal proceedings will be commenced or prosecuted by the buyer or the seller against the other concerning:
   1. Any matter that is or was the subject of arbitration unless to enforce the terms or conditions of the Arbitrator’s decision; or
   2. Any matter for which arbitration is not available under the Terms and Conditions unless arbitration is not available because and only because the time limit for submitting the matter to arbitration including any extension of the time period has expired.
2. No action or legal proceeding will be commenced or prosecuted by the Buyer or the Seller against TradeBid or any TradeBid Partner for any matter, cause or thing directly or indirectly related to TradeBid System or services, including but not limited to arbitration services. Unless otherwise prohibited by law, buyer and the seller release and waive all rights, remedies, claims, and causes of action against TradeBid and TradeBid partners from any claim or remedy whatsoever, whether known or unknown, for or by reason of using the TradeBid System, services or services provided by TradeBid Partners including but not limited to arbitration services.

3. Additional Information. The arbitration process is not a tool for price reduction or for dealing with “Buyer’s Remorse”. Buyers are cautioned to avoid impulse buying and to review all available information thoroughly before bidding. All used vehicles generally have flaws and may require repairs. Buyers should allow for this in their bidding. Arbitration cases are regularly monitored by TradeBid. Sellers who repeatedly fail to properly represent their Vehicles or Buyers who repeatedly submit questionable arbitration claims, may have their rights of access to the TradeBid System and services temporarily or permanently suspended.
4.  Major Components that are included in arbitration are as follows:

5. Arbitration Thresholds

1. Up to €1,000 contribution per major component with no minimum cost threshold.
2. Up to €750 for undisclosed bodywork through paint. Previous poor bodywork does not qualify for any arbitration. 

6. Wearable Items

Wearable Items are parts of the vehicle that the manufacturer recognises the need for replacement or adjustment during the expected life of the vehicle. These items are norm the owner’s manual for routine check and replacement and include, but are not limited to: wipers, brake pads, shoes, rotors, calipers, belts, hoses, tires, lubricants, fluids, timing filters, manual clutch, shocks and struts. Normal exterior wear and tear means damage that would be considered normal wear and tear given the distance travelled and the age of the vehicle and is easily seen, such that do not break the paint, minor nicks, cuts and/or scuffs. Noise and inherent conditions. arbitration cannot be based on noises or conditions that are inherent or typical to a particular model or manufacturer, unless deemed “excessive arbitrator on non-warranty items. OEM dealer warranty guidelines will be used where applicable to determine whether the condition is excessive.

7. Acceptance

By accessing or using the TradeBid System, you agree to abide by this Arbitration Policy. PLEASE READ THIS ARBITRATION POLICY CAREFULLY BEFORE SIGNING-IN OR USING THE TRADEBID SYSTEM. BY SIGNING-IN OR USING THE TRADEBID SYSTEM, YOU ARE AGREEING TO THIS ARBITRATION POLICY AND REPRESENT THAT YOU HAVE AUTHORITY TO ACCEPT THIS ARBITRATION POLICY ON BEHALF OF THE BUSINESS ASSOCIATED WITH YOUR USER ID AND PASSWORD.