TERMS AND CONDITIONS OF PURCHASE AND SALE OF VEHICLES
Review valid from: May 28th, 2026_Rev. 05
This electronic instrument establishes the general conditions for the purchase of vehicles ("Terms and Conditions") through COPART DO BRASIL ORGANIZAÇÃO DE LEILÕES LTDA ("COPART") as an intermediary, in the modalities BUY NOW and MAKE YOUR OFFER through the website www.copart.com.br/Content/br/pt-BR/buy-it-now.
The full reading of these Terms and Conditions must be done carefully before their acceptance, because by clicking to accept this instrument, the interested parties/buyers declare that they have read, understood and agreed with all the terms contained in this instrument, being legally and financially responsible for the acts performed and the purchases/offers made. Interested parties/buyers hereby agree that purchases/offers made at COPART amount to a firm and irrevocable commitment to purchase the vehicle.
If the interested party does not agree with the rules established in these Terms and Conditions, he will be prevented from making purchases/offers, with COPART as an intermediary.
1 – OBJECT:
1.1. COPART has a web platform called BUY NOW. It is a vehicle intermediation platform that promotes e-commerce by bringing Sellers and Buyers closer together at a global level. This platform allows 02 (two) modalities of direct sales, promoting greater dynamism and offering opportunities of choice to interested parties, namely:
a) BUY NOW: In this modality, the sale value of the vehicle will be defined by the Seller and informed on the COPART platform, including the commission and other expenses. The interested party can buy the vehicle for the defined sale value and by clicking on "CONFIRM YOUR PURCHASE", he assumes the commitment to purchase, pay and transfer the vehicle. After confirmation of purchase, the vehicle will have the status of Reserved to the interested party awaiting payment. Considering that the sale is concluded with the effective payment, the platform will allow the Reserved vehicle to continue receiving offers. It should be noted that the receipt of other offers does not exempt the interested party, who confirmed his purchase, from being liable for the penalties provided for herein if he does not pay for the purchased vehicle; and
b) MAKE YOUR OFFER: In this modality, the interested party must present a clear and precise offer to buy the vehicle, filling in the amount he intends to offer, clicking on "CONFIRM YOUR PROPOSAL". The offer will be subject to the approval of the Seller , who may or may not be approved within a maximum period of 03 (three) BUSINESS days from the date of the offer, a period in which the interested party may NOT withdraw from the offer made, under penalty of paying the fine provided for in Clause 9. Once the offer is approved, the interested party will be notified and will assume the commitment to purchase and pay for the vehicle.
1.2. If there are offers made on Reserved vehicles, the offer will also be subject to approval, which may or may not be approved within the same period established above. If approved, the interested bidder assumes the commitment to purchase and pay for the vehicle.
1.3. Emails, calls and exchanges of messages between the Buyer, the Seller and/or COPART employees have probative value and will be an integral part of the commitment assumed by the buyer to acquire the offered good.
1.4. It is the sole responsibility of the interested party to follow the status of their purchase or offer on the COPART website in the "My Account" section and/or contact the Call Center by phone (11) 3651-8800.
1.5. The Buyer reserves the right to carry out a prior inspection to verify the real condition of the vehicle, exempting COPART and the Seller from responsibility for the information and photos disclosed, as they are of a merely informative nature.
1.6. COPART and/or Seller may, at its sole and absolute discretion, with or without notice, before or after payment, cancel a sale or remove the vehicle from the platform without any charge. COPART and/or Seller reserve the right to cancel or reverse a sales transaction, in case of fraud, false statements, visible defects in the description. In the event that a sale is cancelled by COPART and/or Seller after payment for the vehicle, COPART will return the payment amount to the buyer's account.
1.7. The Interested Party declares to be fully aware that when buying and/or offering a value for a vehicle, he will automatically be accepting these Terms and Conditions, vehicle as well as the Specific Conditions of each Seller present on the www.copart.com.br/Content/br/pt-BR/buy-it-now platform, and it is his sole responsibility to previously analyze these and all these Conditions related to the vehicles offered.
2 – FROM THE GENERAL RULE:
2.1. In order to make purchases/offers for the acquisition of vehicles through COPART, it is mandatory that interested parties READ and AGREE fully with the terms of this Instrument, are duly qualified according to item 3 below and comply with the terms of the legislation in force in the Federative Republic of Brazil. Under no circumstances will the purchase be allowed by people who are not qualified or who have their License suspended.
2.2. COPART reserves the right, for any reason, at COPART's sole discretion, to reject or void offers, free of charge.
3. QUALIFICATION:
3.1. Individuals may make purchases, except when not allowed by the Seller, with a minimum age of 18 years, having civil capacity under the terms of the legislation in force and holding a valid C.P.F./M.F. and duly regularized with the Federal Revenue Service and Legal Entities with active CNPJ, both DULY REGISTERED AND QUALIFIED, with COPART through the www.copart.com.br website.
3.1.1. Interested parties who are not qualified, either because they have not registered or because they have impediments such as financial and/or administrative issues with COPART, as well as have legal disputes with the company, WILL NOT BE ABLE TO BUY and/or make OFFERS.
3.1.2. Individuals and legal entities considered disqualified will be prevented from buying, as there are restrictions with SERASA.
3.1.3. The Qualification of any and all Copart employees, for the time they are hired, as well as former Copart employees for a period equal to or equivalent to twenty-four (24) months from the date of their dismissal, is prohibited.
3.2. . Interested parties will be qualified through registration on the website www.copart.com.br, acceptance of these Terms and Conditions of Purchase and Sale, verification and validation of the information and documents presented, and approval by Copart..
3.3. Simple registration on the website does not, in itself, imply qualification for purchase; the effective release of the account is conditional upon the satisfactory completion of the registration analysis process.
3.4. For Individuals: Those interested in registering as individuals must provide the information requested in the electronic form, including, but not limited to, full name, CPF (Brazilian tax identification number), email, and mobile phone number, as well as expressly agree to these Terms and Conditions and declare the veracity of the information provided..
3.4.1. After registration, the interested party's identity will be verified through automatic validation technological solutions, including, but not limited to, facial biometrics (selfie), liveness verification, automated document reading (OCR), CPF validation, and personal data verification. Once the automatic verification is completed and the information is approved, the registration will be considered eligible for purchases.
3.4.2. If the automatic identity verification is not completed or results in inconsistencies, the applicant's registration may be submitted to manual analysis, to be carried out by COPART's internal team. For this, the applicant must send the following to the email address cadastro@copart.com.br: (i) an official photo ID (front and back); (ii) a selfie holding the aforementioned official photo ID, and, if necessary, send additional documents. Once the manual analysis is completed, COPART may, at its sole discretion, approve or reject the registration, without such decision generating any acquired right, expectation of right, or obligation of individualized justification for the applicant.
3.5. For Legal Entities: Those interested in registering as a legal entity must provide the company's registration data requested in the electronic form, including company name, CNPJ (Brazilian tax ID), email, and telephone number, as well as declare their agreement with these Terms and Conditions
3.5.1. After completing the initial registration and validating the email, the interested party must access their account, go to the "Document Submission" menu, and upload the following documents: (i) Updated and valid CNPJ card with the Federal Revenue Service (issued no more than 3 months prior); (ii) Company's Articles of Incorporation 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) Official photo identification document (front and back) of the company's legal representative.
3.5.2. The registration of a legal entity will only be granted after the analysis and approval of the submitted documents. COPART may, at its sole discretion, request additional documents or information.
3.6. Once registration is approved, the interested party will receive a confirmation email with access details. The access ID will be the email used during registration, and a temporary password will be provided, which the Registered User is obligated to change upon first access. The interested party will also receive an SMS informing them that their account is ready to make purchases.
3.7. As a preventive security measure and for the protection of the User’s data, the access password shall have a defined validity period and will be automatically expired if no account activity is identified for a period of 6 (six) months. Additionally, Copart reserves the right to expire the password of any User at any time whenever it identifies the need to reinforce the platform’s security protocols. In any event of password expiration, the User must complete the password recovery procedure available on the website, and the creation of a new password combination shall be mandatory, with the reuse of previous passwords being prohibited. The User is solely responsible for maintaining a strong password and for preserving the confidentiality of their credentials, which are personal and non-transferable.
3.8. The Registered Interested Party declares that all the information provided in their registration is true, being aware and agreeing that their data will be used to validate purchases and proposals, to receive any of our communications and promotional content or not at any time ("opt-in"), as well as to comply with laws and procedures necessary to conclude the purchase and sale, including, but not limited to, other purposes provided for in Copart do Brasil's Privacy Policy, and the processing is carried out based on legitimate interest. However, the Registered Interested Party may at any time withdraw their consent to the use of their data and/or to receive any of our communications and content ("opt-out"), for which they must send their request to privacy@copart.com.br. The Registered Interested Party further acknowledges and agrees that COPART reserves the right at any time to reject, suspend, deactivate and/or revoke his/her Qualification or delete his/her account and all related information and files in his/her account and/or bar any access in case of default and/or impediment by administrative penalties of violation of the internal rules of Conduct, Permanence and Security of COPART, as well as legal dispute with the company or non-compliance with any of the basic requirements described in this Term and Conditions.
3.9. The Registered Interested Party agrees that COPART, if necessary to comply with the Law, may disclose information about their registration, as well as about the operations carried out by them. This situation applies in cases where COPART is requested to do so in any judicial or administrative process or by any governmental agency or regulatory authority (whether by deposition, interrogation, request for documents, subpoena, demand for investigation, etc.).
3.10. The applicant is solely and exclusively responsible for the veracity, accuracy, and updating of the information and documents provided, and is liable civilly and criminally for any false or inaccurate statements.
3.11. The Registered Interested Party is solely responsible for his/her Password, which is personal and non-transferable, and undertakes not to disclose it, under any circumstances. From the outset, the Registered Interested Party is aware that he is responsible for all activities carried out in his Account, including, without limitation, all Proposals and Purchases made, since access to it will only be possible by entering the Password. The Registered Interested Party is also aware that they must ensure that they have logged out of their account at the end of each session. COPART will not be responsible for any loss or damage arising from any acts performed on behalf of the user of the Registered Interested Party.
4. - VEHICLES:
4.1. VEHICLES ARE SOLD "IN THE STATE OF CONSERVATION IN WHICH THEY ARE". The responsibility for the mechanical, electrical, electronic or hydraulic regularity of the vehicles is exclusive to the Seller, who is responsible for any lack of mandatory parts and components such as: - Wheel wrench, jack, triangle, fire extinguisher, lack of keys and manuals, among other items considered as original from the vehicle manufacturer.
4.2. The Buyer will be responsible for all expenses arising from the eventual need for repairs, exchange of vehicle parts or their regularization with competent bodies.
4.3. Vehicles will be sold WITHOUT WARRANTY from the manufacturer, from the manufacturer's operation and replacement of any parts that may be missing, except when indicated in the Sellers' Specific Conditions. The responsibility for any apparent and/or hidden defects or vices in the quality of the vehicle will be exclusively the responsibility of the respective vehicle manufacturer, in accordance with the law.
4.4. All information and characteristics about the vehicles were provided solely and exclusively by the Vendor, who exempts COPART from any inaccuracies, imperfections and/or concealment in this regard.
4.5. In the case of ARMORED vehicles , the information will be included in the description of the vehicle and there will be no guarantee of the armor, and any and all regularization and transfer with the competent bodies will be at the expense of the Buyer, and he must comply with the criteria of the current Legislation that provides for vehicle armor.
4.6. The Bidder/Purchaser acknowledges that electric vehicles (EV) and hybrid vehicles (HEV) have technical particularities and safety risks distinct from conventional vehicles and agrees to the following:
4.6.1. Traction Battery Condition (High Voltage): Copart does not perform battery health tests (State of Health - SOH). The Bidder/Purchaser acknowledges and accepts that the battery’s charging capacity, driving range, and chemical integrity may be compromised, with no right to subsequent claims. There is no guarantee that portable charging cables or adapters will accompany the vehicle.
4.6.2. Logistics and Specialized Transportation: The Bidder/Purchaser is aware that the transportation of damaged EVs and HEVs may require specific equipment (such as flatbed carriers without hooks that may puncture the underbody where the battery is located). Any damage caused by improper transportation after removal shall be the sole responsibility of the purchaser.
4.6.3. Software and Connectivity: Certain EVs and/or HEVs depend on software updates and user accounts. Copart does not guarantee access to infotainment systems, remote-control applications, or the transfer of proprietary software licenses.
4.7. Some vehicles available for sale have indicative information as to their condition, which may be: "MOTOR STARTS" OR "MOTOR DA PARTIDA E ENGRENA" and has the following meanings:
4.7.1. ENGINE STARTS: Means that at the time the vehicle arrived at the COPART yard, it was checked and at the time of this check the vehicle presented the following functionality conditions: (i) it started; and (ii) it started. Note: There is no indication or guarantee that this vehicle is in good technical condition or that it can be legally driven on roads throughout the country, as well as there is no guarantee that the vehicle (i) starts (ii) walks, or (iii) moves forward by its own traction at the time it is removed from COPART's facilities. The vehicle is purchased in the condition in which it is, without any guarantee that the functionality conditions verified above will be verified in the vehicle at the time of inspection or its removal, and it is the sole responsibility of the interested party to visit the vehicle before it is purchased. Once purchased and removed from the facility in its storage, the buyer accepts the vehicle "As Is".
4.7.2. ENGINE STARTS AND ENGAGES: It means that at the moment the vehicle arrived at the COPART yard, it was checked and at the time of this check the vehicle presented the following functionality conditions: (i) it started; (ii) it has geared up; and (iii) indicated traction. Note: There is no indication or guarantee that this vehicle is in good technical condition or that it can be legally driven on roads throughout the country, as well as there is no guarantee that the vehicle (i) starts (ii) walks, or (iii) moves forward by its own traction at the time it is removed from COPART's facilities. The vehicle is purchased in the condition in which it is, without any guarantee that the functionality conditions verified above will be verified in the vehicle at the time of inspection or its removal, and it is the sole responsibility of the interested party to visit the vehicle before it is purchased. Once purchased and removed from the premises of its storage, the buyer accepts the vehicle "As Is".
4.8. The verification conditions mentioned above and present in certain vehicles DO NOT change the nature of the business practiced, nor should it be used as a guarantee, so this verification does not guarantee that the engines will have perfect operation, as they depend on the conditions they are in, the breakdowns and other factors inherent to the vehicles, and perfect operation is not guaranteed. This is indicative information provided to interested parties in order to make them aware of the condition of the vehicle when they were received at the yard, emphasizing that the vehicles are sold AS IS.
5. VISITATION OF VEHICLES:
5.1. The vehicles will be on display to be inspected by interested parties at the places, days and times determined by COPART.
5.2. When scheduling the visitation of the vehicles, the interested party must confirm with the location if there is any special procedure for visiting the vehicles, and must respect and comply with all internal safety standards established by the location and all safety requirements established by the legislation in force, and COPART and/or the Seller shall not be responsible for accidents occurring during the visitation of the vehicles.
5.3. The Interested Party may inspect the vehicles, alone or accompanied by a technician or evaluator of his/her trust, to know the state of conservation of the vehicles of his/her interest, and may not subsequently claim extrajudicially or judicially any damages or breakdowns in the vehicles. The interested party must carefully evaluate the condition of the vehicles, as no complaints will be accepted after the purchase, as well as no withdrawals will be accepted, except when indicated in the description of the vehicles the existence of warranty.
5.4. Information about keys, if any, will be described in the description of the vehicles.
5.5. The Interested Party may request the opening of the engine hood, but the Interested Parties will not be allowed to start the engine of the vehicles.
5.6. Any interested parties have the right to inspect the vehicle in the COPART yard to verify the state of conservation of the vehicles before confirming the purchase, considering that the photos of the vehicles offered on the COPART platform are MERELY ILLUSTRATIVE and should not be adopted as a parameter to demonstrate the condition of the vehicles or influence the purchase decision.
5.7. By purchasing and/or making offers, the interested party will assume and declare that it has already carried out all the examinations and inspections of the vehicles and accepts to acquire them, exempting COPART from any liability, including for vices or defects, hidden or not, and waiving any right or action.
6. – PAYMENT AND BILLING:
6.1. The vehicles sold must be paid in CASH, and the following amounts are already included in the total value of the sale:
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value of the vehicle;
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COPART commission for the intermediation of the sale in the amount of 5% calculated on the value of the vehicle;
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DSAP – Expenses on Yard Administration;
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Loading Expense; and
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Removal Expenses, Services and/or Debts, if any.
6.2. Payment must be made within 24 (hours) of the confirmation of purchase or the Seller's approval in case of an offer.
6.2.1. After the period established above, an amount of BRL150.00 (one hundred and fifty reais)will be added to the total price of the vehicle as Financial Charges to be paid by the Buyer, with the final deadline for payment being up to 03 (three) BUSINESS days, counted from the confirmation of purchase or the Seller's approval in case of offer.
6.3. Payments must be made preferably through Iugu's Bank Slip in favor of COPART DO BRASIL ORGANIZAÇÃO DE LEILÕES LTDA - CNPJ: 14.517.191/0001-78 and within the due date. Vehicles whose Sellers establish other forms of payment are exempt from this condition. In this case, the Buyer will be obliged to observe the payment rules described in the Specific Conditions of each Seller.
6.3.1. The data contained in the Bank Slip must be identical to the data of the beneficiary of the payment. When making the payment of the Bank Slip, the Buyer must confirm the basic data of the bank slip, such as the name and CNPJ of the beneficiary and if the bank code is the same as the one that appears 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.
6.3.2. COPART DOES NOT send bank slips by e-mail for payment of amounts due for the purchase of vehicles. Bank slips must always be accessed through the COPART website, in the "My Account" section.
6.3.3. The Bank Slip must be paid through the bank account of the holder of the sales receipt and, therefore, the buyer. Failure to comply with this obligation may result in the cancellation of the sale with consequent application of the penalties provided for in Clause 9.
6.3.4. Payments made through Boleto are exempt from the presentation of receipts, except in case of request by COPART, which may at any time, before or after the issuance of the sales receipt, request the buyer to prove payment of the Bank Slip in order to prove that the payment occurred through the bank account of the holder of the sales receipt. Failure to present the proof may result in the cancellation of the sale with consequent application of the penalties provided for in Clause 9.
6.4. If it is not possible to make the payment through Bank Slip, it can be made through TED made in COPART's bank account with Banco Bradesco - Agency: 3390; Current account: 0000492-8 Beneficiary: COPART do Brasil Organização de Leilões Ltda, CNPJ nº 14.517.191/0001-78. Vehicles whose Sellers establish other forms of payment are exempt from this condition. In this case, the Buyer will be obliged to observe the payment rules described in the Specific Conditions of each Seller.
6.4.1. Payments made through TED must have the receipts sent to COPART through the e-mail faleconosco@copart.com.br with the identification of the license plate or vehicle ID.
6.4.2. The payment of the TED must be made through the bank account of the holder of the sales receipt and, therefore, the buyer. Failure to comply with this obligation may result in the cancellation of the sale with consequent application of the penalties provided for in Clause 9.
6.5. The payment takes place only after the financial compensation of the Slips provided for herein (for payment via bank slip) and/or financial compensation of the credit in the account (for payment via TED) and after the issuance of the sales receipt.
6.6. After proof and identification of the payments, COPART will issue in the name of the buyer a sales receipt for informational purposes without a tax nature and an Invoice for the receipt of the commission for the intermediation of sales and other expenses. The sales receipt will be sent by COPART via e-mail and the Invoice will be sent via e-mail by the City Hall of the Municipality of the vehicle's storage location.
6.6.1. The Sales Receipt can also be issued by the buyer themselves through the Copart website in the Self-Service and Document Issuance area. For issuance, the buyer's registration must be complete and enabled. If there are any pending documents and/or validation issues, the system will return a pending message.
6.7For the issuance of the sales receipt and completion of vehicle documents, the buyer must provide: (i) A Liability Waiver (if required) signed by the buyer (natural person) or the company's legal representative when a legal entity. The signature may be physical, with notarized signature, or electronically signed. In this case, the electronic signature must be made in accordance with legal provisions or using a digital signature, with a digital certificate issued under the ICP-Brasil standard; and (ii) Any other supplementary document required by the Seller under Specific Conditions..
6.7.1. The issuance of a sales receipt in the name of people who are suspended or blocked will not be accepted.
6.8. With respect to vehicles sold, the INVOICE OR SALES TAX DOCUMENT will be issued by the Seller on behalf of the Buyer.
6.9. For the issuance of the Sales Receipt and Invoices or Tax Documents, buyers must be regularly registered and with their address updated with the Federal Revenue of Brazil (Individual/Legal Entity) and in SINTEGRA - Integrated Information System on Interstate Operations with Goods and Services (ICMS Taxpayers), under penalty of losing the right to the vehicle and the amounts paid. COPART and/or the Seller may request, at any time, before or after the issuance of the Sales Receipt, proof of residence (if the buyer is an individual) dated no more than 3 months prior to its issuance. If the Buyer presents any type of restriction after the issuance of the sales receipt, they will be aware that such restriction may cause delays in documents and/or the invoice.
6.10. If the Seller issues only a Sale Receipt for the vehicles, as they are exempt from the issuance of Tax Documents, the buyer must arrange for the issuance of a Single Invoice for Transportation, with the State Treasury Department, if necessary.
6.11. The applicable taxes, if any, will be informed to the buyer, who must pay them by the buyer, who must present the Seller with proof of payment, for release of the withdrawal.
7 – WITHDRAWAL:
7.1. The withdrawal of the vehicles will only take place after proof and identification of payments by COPART and issuance of the sales receipt and must be done within a maximum period of 03 (three) BUSINESS days, counted from the confirmation of purchase or approval by the Seller in case of offer, during operating hours to be verified in the yard where the vehicle is located.
7.2. The withdrawal may be carried out by the Buyer or by a third party duly authorized by the Buyer upon presentation of a shipping document released by COPART.
7.3. If the withdrawal is made by a third party, the Buyer must authorize the shipment of his vehicle through the Website by creating a Security Password. Buyer shall be solely responsible for the Password and its sharing and shall be responsible for all activities performed under the use of its Password. In the absence of the Password, the third party must present an original authorization from the Buyer, signed and notarized, authorizing the removal of the vehicle by the third party.
7.4. Vehicles must be picked up at COPART's facilities or at the place where it is stored (see storage information in the vehicle description).
7.5. Due to the conservation conditions and the lack of mandatory documentation, it is understood that the vehicles must be removed by transport.
7.6. The Buyer is responsible not only for the removal of the vehicle from the place where it is located, but is also responsible for bearing the costs of its transportation and any other expenses to be disclosed in the Seller's Specific Conditions.
7.7. For the removal of vehicles at COPART's facilities, COPART will remove them from their storage area to their dispatch. Loading, when possible and applicable, will be done for tow trucks, dry cargo trucks, storks and/or other similar regardless of the payment of the LOADING EXPENSE and must be paid together with the value of the vehicle.
7.7.1. – Under no circumstances will vehicles be loaded into a trunk;
7.7.2. - COPART is not responsible for damages that may occur during loading or delay.
7.7.3. – For security reasons, all shipments will be subject to analysis by COPART, and may or may not be loaded.
7.8. When the vehicles are removed, the buyer must confirm with the location if there is any special procedure for removal, and must respect and comply with all internal safety standards established by the location and all safety requirements established by the legislation in force, and COPART and/or the Seller shall not be responsible for accidents occurring during the removal of the vehicles.
7.9. The buyer or third party, indicated by him, is responsible for any and all damages that may be caused to the Seller's and COPART's facilities, and must repair the damages and/or indemnify the Seller and COPART.
7.10. The expenses related to the removal of the vehicles from the place where they are to the destination are the responsibility of the buyer.
7.11. These expenses include, but are not limited to, dismantling, removal, loading, lifting, special care, domestic or international transportation, insurance, dispatch, and permits, including labor necessary for the performance of such services.
7.12. The Buyer or third party, indicated by him, must, at the time of removal of the vehicle, check if the vehicle(s) corresponds to the one purchased, including the chassis and engine number, and in case of doubt, must immediately contact the Service Center of the place, as claims of damage or loss of any type or nature after the withdrawal will not be accepted. If discrepancies are detected at the time of withdrawal, withdrawals from the purchase will not be accepted. Divergences, 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 alleged divergences.
7.13. It will be the responsibility of the buyer and/or third party, indicated by him, to mischaracterize any and all identification of the Seller in the purchased vehicle
7.14. After the stipulated period for withdrawal, without the vehicle being REMOVED, 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 working hours at COPART or vehicle storage place.
7.14.1. If the vehicle is not removed within a maximum period of thirty (30) days, the abandonment of the vehicle by the buyer will be presumed, who will lose any and all rights over the purchased vehicle, as well as the amounts already paid. In this case, the buyer hereby authorizes any actions necessary for COPART to give the vehicle the destination it devises, as well as to suspend and block the buyer from participating in other sales events intermediated by COPART.
7.14.2. – Once the penalties provided for in the item above are applied, the buyer will only have his block and suspension reversed if the destination given to the vehicle is sufficient to pay off the debt of the stay. If there is no compensation, the buyer will be obliged to pay the remaining balance of the debt of his stay to be released from the suspension and blockage.
7.15. The above stay values may be changed at any time, and it is the responsibility of the interested parties to consult the values at each sales event through consultation of this instrument or with the COPART Call Center.
7.16. The payment of the storage fees mentioned in the item above must preferably be made via PIX, available in the buyer’s account on the website www.copart.com.br, under the Pending Payments section. If it is not possible to make the payment through the website, the buyer may pay via bank transfer to Banco Itaú (0341) – Branch No. 0061-2 – Checking Account No. 04607-4, beneficiary: Copart do Brasil Org. de Leilões LTDA., registered under CNPJ No. 14.517.191/0001-78. Payments made through the website do not require the buyer to present proof of payment. If the payment is made via bank transfer, the buyer must submit the original proof of payment at the vehicle pick-up location. Alternatively, a legible copy may be sent by email to faleconosco@copart.com.br, including the purpose of the payment as well as the license plate number or vehicle ID.
7.16.1. Depending on the pick-up location, payment for stays may also be made by debit card to be made at the location where the vehicle is located.
7.16.2. Under no circumstances will payments in CURRENCY and deposits made at ATMs be accepted.
8. – DOCUMENTATION:
8.1. The documentation of the vehicles will be issued based on the information and documents provided to COPART by the buyer and the consultation on the availability of the documents is the responsibility of the Buyer, who must make the consultation through the COPART website in the "My Account" section or by Contact Us – Phone: (11) 3651-8800.
8.2. The burden and responsibility for the delivery of the vehicle documentation belong to the Seller, emphasizing that COPART does not have possession and/or ownership of such documents, the deadline and responsibility for the delivery are exclusive to the Seller, and COPART is the exclusive responsibility of the Seller.
8.3. The forecast for delivery of the documents, as well as the information on debts and/or miscellaneous expenses are disclosed by the Sellers in the description of the vehicles or in the Specific Conditions of each Seller. It should be noted that this delivery forecast may be extended when situations not foreseen by the Sellers occur with the government agencies responsible for issuing the documents.
8.4. The documents may be picked up in person by the Buyer at the Copart unit located in Osasco – SP, upon presentation of an original personal identification document with photo of the buyer (individual) or legal representative of the company when a legal entity. If the withdrawal is carried out by a third party, written authorization will be required from the Buyer to the third party, and this authorization may be sent via electronically signed letter and notarized signature or the authorization may be sent via e-mail sent to the documentos.veiculos@copart.com.br e-mail, provided that the sending is from the same e-mail address informed by the Buyer at the time of registration and duly confirmed by him, both must be accompanied by a copy of the Buyer's photo ID.
8.4.1. For the convenience of the Buyers, the documents may also be sent via SEDEX provided that the Buyers make an advance payment of an amount related to postal services to be previously consulted through the request made on the Site: www.copart.com.br. The documentation may be sent to the buyer's registration address, to an address other than the one in the buyer's registration or, at the buyer's request, it may be sent to another Copart yard for in-person pickup. To do so, the buyer must request the submission of documentation through the Documents module available in the buyer's account on the www.copart.com.br Website and make the payment also through the Copart Website. If it is not possible to make the payment via the Website, it can be made by transfer to Banco Itaú (0341) - Agency No. 0061-2 - Current Account No. 04607-4, favored: Copart do Brasil Org. de Leilões LTDA., registered with the CNPJ under No. 14.517.191/0001-78, with the sending of proof of payment to the e-mail documentos.veiculos@copart.com.br identifying in the subject that it is SEDEX mentioning in the subject the vehicle's license plate number. The buyer is hereby aware that the payment of SEDEX via deposit may cause delays in postage. Failure to identify the Auction and Lot or send an illegible receipt will result in the non-payment of the contracted service and, therefore, additional delays until the data is properly identified.
SOLE PARAGRAPH: It is hereby informed that this service is provided by Correios and the risk of misplacement and loss of documents will be the responsibility of the Buyers who assumed the risk when requesting the shipment via SEDEX.
8.5. The transfer of ownership of the vehicle must be completed within 30 calendar days from the date of completion of the CRV (Vehicle Registration Certificate) or ATPV-e (Authorization for Transfer of Ownership of the Electronic Vehicle) by the seller.
8.5.1. If the transfer is not completed within the above period, the Seller may request the blocking of the vehicle with the responsible agency and the buyer will be prevented from participating in any event disclosed in COPART until the updated document is sent.
8.6. For the transfer and regularization of the documents, the Buyer must, under its sole responsibility, obtain information from government agencies in the place of its transfer or use official brokers of its trust as to know about the documents and obligations.
8.6.1. After the legal deadline for transferring the vehicle, the buyer will be under the full responsibility of the buyer to pay all debts that may arise, particularly those issued by DETRAN, such as fines, taxes, IPVA, judicial blockages and obligations of any nature.
8.7. The transfer of ownership of salvageable vehicles from claims is the responsibility of the buyer, where local legislation must be observed as to whether or not it is mandatory to carry out the vehicle inspection in an agency accredited by INMETRO, the CSV – Vehicle Safety Certificate. The CSV is the official document used to demonstrate that the vehicle is able to circulate on public roads and to lower any restrictions with the DETRAN. The expenses to obtain it will be at the buyer's expense and will not be refunded. The process of lowering any restriction, if any, is the responsibility of the buyer, who is subject to the requirements and deadlines of the traffic agency.
9. PENALTIES:
9.1. If the buyer does not pay for the vehicle within the stipulated period, the sale will be canceled, and the buyer will be obliged to pay, on the 4th (fourth) business day from the confirmation of purchase or approval of the offer, a CANCELLATION PENALTY and/or WITHDRAWAL set in the amounts below:
9.1.1. Fine of 15% calculated on the total value of the vehicle if stored in any yards managed by Copart and 20% calculated on the total value of the vehicle if stored in the yard of Vila Jaguara (São Paulo/SP). In both cases , the minimum value of R$ 1,000.00 (one thousand reais) per vehicle with canceled sale must be respected. See example below.
Example: If the calculation of the fine of 15% and/or 20%on the total amount results in an amount less than the minimum amount of R$ 1,000.00 (one thousand reais), the minimum amount of R$ 1,000.00 (one thousand reais) per vehicle whose sale was canceled must be respected for payment of the fine. If the calculation of the fine of 15% and/or 20% on the total amount results in an amount greater than the minimum amount of R$ 1,000.00 (one thousand reais), the result of the calculation of 15% and/or 20% on the total value of the vehicle must be respected for payment of the fine.
9.2. The application of the Fine provided for above also extends to the buyer who voluntarily withdraws from the purchase in case of acquisition by the "BUY NOW" modality or to the interested party who voluntarily withdraws from the offer proposed in the "MAKE YOUR OFFER" modality before the deadline of up to 03 (business days) for the Seller's approval.
9.3. The Cancellation Penalty shall be charged to cover the auction administration expenses and shall be adjusted monthly based on the IPCA/IBGE index. In the event that the accumulated adjustment index for the period is negative (deflation), or in the event of the extinction of the index established herein, the INPC/IBGE shall automatically be used as a substitute index. If the negative variation persists or if such index is unavailable, the official index presenting the highest positive variation during the period shall be applied in order to preserve the real value of the penalty, which shall never be lower than the fixed nominal amount. The Cancellation Penalty must preferably be paid via PIX available in the purchaser’s account on the website www.copart.com.br under the Pending Payments section.If it is not possible to make the payment through the website, the buyer may make a bank transfer to checking account No. 04607-4, branch 0061-2, Banco Itaú, held by Copart do Brasil Organização de Leilões Ltda., registered under CNPJ No. 14.517.191/0001-78. Payments made through the website do not require the buyer to present proof of payment. If the payment is made via bank transfer, the buyer will be required to send the payment receipt to multas@copart.com.br, including the lot number and auction number.
9.4. The buyer/interested party is aware that in the event of the incidence of the penalties provided for above, COPART reserves the right to block, suspend and/or immediately deactivate their registration or delete their account soon after the end of the stipulated period for payment of the vehicle.
9.5. In case of default of the fine provided for above, in addition to the blocking and suspension of the registration, COPART also reserves the right to include the registration data of the Buyer/Interested Party with SERASA, as well as to adopt the appropriate legal measures for the execution of this instrument. During the period of default, the Buyer/Interested Party will be suspended from participating in any events intermediated by COPART, in addition to the impediment to the withdrawal of documents belonging to other vehicles purchased in their name.
9.5.1. If registrations linked to the Buyer's blocked registration are identified, they will also be blocked.
9.6. After the issuance of the sales receipt, even upon payment of the Fine provided for above, requests to cancel the purchase will NOT be accepted.
10. GENERAL PROVISIONS:
10.1. Considering that COPART is a mere intermediary in the relationship established between Seller and Buyer, COPART's liability is, under the terms of the law, limited to the provision of the intermediation platform for the promotion of e-commerce transactions between sellers and buyers.
10.2. COPART does not guarantee continuous access to its services, since its operation is subject to interference arising from factors beyond its control. COPART will not be liable for any damage that may be caused to the interested parties due to technical difficulties or failures in communication or access to the Internet.
10.4. The seller guarantees that he is the owner of the vehicles, has the right to sell them and their sale does not violate any law or obligation.
10.5. The seller is liable to the buyers for the veracity of the information provided, for the sale and purchase transaction, for the delivery of the vehicles purchased under the conditions offered, as well as for the origin, existence and legitimacy of the vehicles offered.
10.6. COPART undertakes to make every effort to fully comply with all obligations related to its role as an intermediary of vehicle e-commerce, especially to facilitate the sale of vehicles between those interested in the sale (Sellers) and those interested in the purchase (Buyers), in such a way that they cannot be held responsible for the health and integrity of the vehicles, This responsibility is waived exclusively to vehicle manufacturers, in accordance with the law.
10.7. The interested party/buyer agrees to defend, indemnify and hold harmless COPART and the seller for damages of any nature, to persons or property, caused by the interested party/buyer, its attorney-in-fact and/or carrier during the visitation and removal of the vehicles or resulting from the purchase, use or operation of the purchased vehicle, including attorney's fees.
10.8. Buyer further agrees to defend, indemnify and hold harmless Seller, COPART and its affiliated companies, their officers, directors, employees, agents, successors and assigns from any claims, damages or demands (including, but not limited to, any personal injury, death or property damage suffered by any third party, as well as attorneys' and experts' costs and fees), arising from (a) Buyer's failure to comply with the terms and conditions of this Term, (b) Buyer's improper use of COPART, (c) Buyer's use of any vehicle purchased through COPART, (d) Buyer's violation of any applicable law or regulation or the rights of third parties, and (e) Buyer's use of any equipment, programs or procedures that interfere with or impair the operation of COPART.
10.9. The interested party will be civilly and criminally liable for the use of equipment, program or procedure that may intentionally interfere with the proper functioning of COPART.
11. USE OF CONTENT:
11.1. 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 further reformatted for strictly personal and non-commercial use. No content, in whole or in part, may be used or exploited in any way, for use, publication or distribution for commercial purposes, including downloading, copying and/or reproduction, without the express written consent of COPART. Without limitation the use or dissemination of content for an illegal, defamatory, threatening purpose, or to violate the copyright, trade name, brand, service, or other intellectual property right of COPART, manipulating, deleting, hiding, moving, adding or otherwise modifying the original Content published by COPART.
12. MODIFICATIONS:
12.1. COPART may, at any time and at its discretion, add, extinguish or change some or all of the services made available by it, as well as change these Terms and Conditions at any time, without prior notice, modifying or deleting any content of this document, and interested parties/buyers are obliged to periodically visit the COPART BUY NOW platform to access these Terms and be aware of the modifications
13. THE FOROR:
13.1. Given the legal nature of the business, the Parties elect the Court of the Capital of the State of São Paulo, to settle any and all doubts and pending issues, expressly waiving others, however privileged they may be.
