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By signing up I agree to the Terms and Conditions and Privacy PolicyBY TICKING THE BOX AT THE END OF THE PAGE, TAKING AN ACTION TO INDICATE ACCEPTANCE, OR OTHERWISE USING THE E-MARKETPLACE SERVICES (AS DEFINED BELOW), YOU (WHERE APPLICABLE, ON BEHALF OF THE “REGISTERED DEALER” YOU REPRESENT) AGREE TO AND ACCEPT THESE VEHICLE AUCTION TERMS AND CONDITIONS WITH classified CARS LLC (“classified“) FOR THE PURPOSE OF BIDDING FOR AND/OR PURCHASING AUTOMOTIVE VEHICLES (“VEHICLE(S)“) THROUGH THE E-MARKETPLACE SERVICES (AS DEFINED BELOW).
BYIN THE EVENT YOU ARE ENTERING INTO THESE VEHICLE AUCTION TERMS AND CONDITIONS ON BEHALF OF A CORPORATE OR OTHER PUBLIC OR PRIVATE ENTITY, THE TERM “REGISTERED DEALER” REFERS TO THAT ENTITY, AND YOU WARRANT AND REPRESENT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH ENTITY. IF YOU ARE ENTERING INTO THESE VEHICLE AUCTION TERMS AND CONDITIONS IN YOUR PERSONAL CAPACITY, THE TERM “REGISTERED DEALER” REFERS TO YOU.
BYTHESE VEHICLE AUCTION TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN THE REGISTERED DEALER AND classified (THE “AGREEMENT”). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “CANCEL” BUTTON, AND DISCONTINUE THE USE OF THE E-MARKETPLACE SERVICES (AS DEFINED BELOW) IMMEDIATELY.
In this Agreement, the following words shall have the following meanings:
“Approved Bidding Limit” has the meaning given in clause 6.1;
“Bid Acceptance” means the acceptance by the seller of a Vehicle of an offer placed by the Registered Dealer on the classified Platform in accordance with clause 5.4;
“Delivery Charges” has the meaning given in clause 7.4;
“Deposit” means the deposit amount to be paid by the Registered Dealer to classified in order for the Registered Dealer to use the E-Marketplace Services and make offers for Vehicles using the classified Platform in accordance with clause 6;
“classified Account” means an account created by a classified user to use the classified Platform;
“classified Customer” means a third-party seller of a Vehicle who is not classified;
“classified Platform” means the classified platform accessible via the website at https://uae.classified.com/ and/or the classified mobile device applications;
“E-Marketplace Services” has the meaning given in clause 3.1;
“Licensing Authority” has the meaning given in clause 8.1;
“Onboarding Requirements” has the meaning given in clause 4.1;
“Registration” means a registration to use the E-Marketplace Services on the classified Platform;
“Title Transfer” has the meaning given in clause 8.2;
“UAE” means the United Arab Emirates;
“VAT” means value added taxes or any other similar tax imposed in compliance with applicable laws;
“VAT Authority” means any relevant VAT governmental or regulatory authority (including without limitation the UAE Federal Tax Authority);
“Vehicle(s)” has the meaning given in the Recital; and
“Vehicle Purchase Price” means the purchase price of the Vehicle which shall include any fees required to be paid to classified, including but not limited to the E-Marketplace Fee, as relevant.
This Agreement shall commence on the date of its acceptance by the Registered Dealer and shall remain effective indefinitely, unless and until terminated in accordance with clause 10.
classified agrees to provide the Registered Dealer with access to the classified Platform for the facilitation of the purchase of Vehicles that are being auctioned on the classified Platform and are owned by either classified or a classified Customer (the “E-Marketplace Services“).
classified will use reasonable efforts to ensure that the E-Marketplace Services operate as intended. However, classified does not warrant that: (i) the Registered Dealer’s use of the E-Marketplace Services will be uninterrupted or error-free; or (ii) the E-Marketplace Services and/or the information obtained by the Registered Dealer through the E-Marketplace Services will meet the Registered Dealer’s requirements or expectations.
The Registered Dealer acknowledges and agrees that classified owns all intellectual property rights in the classified Platform and the E-Marketplace Services. Except as expressly stated herein, this Agreement does not grant the Registered Dealer any rights to, under or in any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered) or any other rights or licences in respect of the classified Platform or the E-Marketplace Services.
A holder of a classified Account may at any time initiate a request to sign-up as a Registered Dealer on the classified Platform to use the E-Marketplace Services by:
completing the Registration form/process available on the classified Platform;
submitting any customer due diligence required by classified to the reasonable satisfaction of classified (including but not limited to: commercial licenses or certificates of incorporation; passport copies of individuals; passport copies of directors, shareholders or ultimate beneficial owners of corporate bodies; proof of registered addresses; and UAE Federal Tax Authority Tax Registration Numbers/Certificates) (where such documents are applicable);
paying the Deposit in accordance with clause 6 below; and
accepting this Agreement.
(together, the “Onboarding Requirements”).
Upon completion of the Onboarding Requirements to the satisfaction of classified, a Registered Dealer shall have the opportunity to view and place bids for Vehicles on the classified Platform.
A bid shall be deemed to be placed once the “Make an Offer” button is clicked on the classified Platform by the Registered Dealer. Any bid for a Vehicle placed by a Registered Dealer shall be valid for forty-eight (48) hours from the time of placement of the bid and shall be binding and non-cancellable by the Registered Dealer under any circumstances.
classified shall, in its sole discretion, determine the step-up rate for all bids. Any new bids placed by the Registered Dealer must be higher than the current highest bid by at least an amount equivalent to the step-up rate.
The Registered Dealer will receive a notification within the classified Platform in the event the Registered Dealer has a winning bid for a Vehicle or a bid for a Vehicle is otherwise accepted (“Bid Acceptance“). Upon Bid Acceptance, the Registered Dealer shall be obligated and bound to complete the transaction for the purchase of the relevant Vehicle.
classified reserves the right to change the time during which bids can be placed or void, reject any bids or cancel any bids in its sole and absolute discretion. classified has no obligation to accept the highest bid made for any Vehicle.
The Registered Dealer shall be required to pay a Deposit to classified in order to use the E-Marketplace Services. The amount of Deposit to be paid by the Registered Dealer will be displayed on the classified Platform or otherwise communicated to the Registered Dealer at the time of Registration. The amount of any Deposit shall be determined and approved by classified from time to time and be reflective of the Registered Dealer’s offering limit for bidding on Vehicle(s) on the classified Platform (the “Approved Bidding Limit“).
The Approved Bidding Limit is indicated to the Registered Dealer at the time of Registration and may be increased, if requested by the Registered Dealer, at classified’s sole discretion. Following any such adjustment, the Registered Dealer shall, where necessary, be required to increase the amount of the Deposit held by classified in relation to its classified Account in order to comply with the adjusted Approved Bidding Limit.
The Deposit shall be paid and maintained by the Registered Dealer within the classified Account at all times, failing which the Registered Dealer may be prevented from further use of the E-Marketplace Services until such time as the Registered Dealer rectifies the deficit by increasing the amount of the Deposit to the required level.
The Registered Dealer acknowledges that certain elements or features of the classified Platform may be inaccessible to the Registered Dealer depending on the Approved Bidding Limit.
If the Registered Dealer, following the Bid Acceptance for a Vehicle:
fails to pay the Vehicle Purchase Price within the allotted timeframe as set out in clause 7;
cancels the purchase of a Vehicle for any reason; or
fails to sign any such document that may be necessary for completion of the purchase of the Vehicle within such timeframe as is notified to the Registered Dealer,
The initial Deposit paid by the Registered Dealer at the time of Registration shall be non-refundable for a period of four (4) months starting on the date of successful Registration. After expiry of this period of time, in the event the Registered Dealer wishes to stop using the E-Marketplace Services, it may request a refund of any unused Deposit. Any such refund of the Deposit shall be made to the Registered Dealer, subject to any deductions that classified is entitled to make pursuant to this Agreement, within thirty (30) days of such request being made by the Registered Dealer, provided always that the Registered Dealer has settled any outstanding amounts owed to classified with respect to its use of the E-Marketplace Services.
The Vehicle Purchase Price for any successful bid, plus any applicable Delivery Charges or any other charges specified as part of the auction process for the relevant Vehicle, must be paid by the Registered Dealer to classified in clear funds within twenty-four (24) hours of the Bid Acceptance or such other period as is notified to the Registered Dealer. Title Transfer shall not take effect until the payment of all charges including the Vehicle Purchase Price by the Registered Dealer. If the Registered Dealer fails to make such payment within twenty-four (24) hours of the Bid Acceptance, the Registered Dealer acknowledges and agrees that classified may charge the Registered Dealer a late payment fee equal to two percent (2%) of the Vehicle Purchase Price. If the Registered Dealer has still not made such payment within forty-eight (48) hours of the Bid Acceptance, the Registered Dealer acknowledges and agrees that classified may cancel the successful bid and that the Registered Dealer will forfeit the Deposit in accordance with clause 6.5.
Save as otherwise agreed in writing by classified, no variation to the Vehicle Purchase Price shall be accepted by classified. The Vehicle Purchase Price shall be inclusive of any VAT, unless stated otherwise.
The Registered Dealer accepts that it may be required to make payments to classified or relevant authorities associated with the sale and purchase of Vehicles; including but not limited to de-registration, transfer, purchasing, entry, sales, handling cash, releasing, storage, RTA Passing Report (if applicable) and/or late payment fees, and any other associated charges and fees. Where applicable, these fees will be subject to VAT.
The Registered Dealer may also opt to get the Vehicle delivered to its desired location within the UAE, subject to payment of delivery charges specified by classified at the relevant time (“Delivery Charges“). All Delivery Charges shall be payable in advance of delivery.
The Registered Dealer shall, in addition to payment under clause 7.1, within a period of no later than twenty-four (24) hours from the Bid Acceptance take all actions that are necessary to ensure that title to the Vehicle transfers successfully to the Registered Dealer, including but not limited to the execution of all documents required to complete the transfer of title and registration of the Vehicle at the relevant vehicle licensing authority (including, for the avoidance of doubt, and without limitation, the Roads and Transport Authority in the Emirates of Dubai (the “RTA“) and the Abu Dhabi Police in the Emirate of Abu Dhabi, and their respective successor authorities from time to time and any other equivalent body in any other Emirate in the United Arab Emirates (the “UAE“) and elsewhere (“Licensing Authority“).
Title to, and risk in respect of, the Vehicle shall transfer to the Registered Dealer when the transfer of ownership is recorded and verified in the system operated by the relevant Licensing Authority (“Title Transfer“).
In the event the Registered Dealer fails to complete the Title Transfer process, the Registered Dealer shall pay to classified a cancellation fee as determined by classified from time to time.
Within twenty-four (24) hours of completion of the Title Transfer, and unless the Registered Dealer has opted to have the Vehicle delivered to its location, the Registered Dealer shall take possession of the Vehicle from classified by appearing either in person or through an authorised third party at classified’s premises or such location as classified may specify during standard business hours. If the Registered Dealer does not collect the Vehicle within twenty-four (24) hours of completion of the Title Transfer, classified reserves the right to apply a vehicle storage fee equal to one hundred UAE Dirhams (SAR 100) per day until collection of the Vehicle by or on behalf of the Registered Dealer (which fee shall be paid by the Registered Dealer prior to collecting the Vehicle).
The Registered Dealer acknowledges that any documents provided to the Registered Dealer in relation to the Vehicle are provided as-is, and classified takes no responsibility for the validity or authenticity of the same.
The Registered Dealer may request classified’s assistance to complete any vehicle testing as required by a Licensing Authority, at an additional cost, including without limitation to check the accuracy of odometer reading and/or chassis. No claims related to the accuracy of the odometer or chassis shall be admissible if the relevant test is not completed prior to completion of the Title Transfer. The Registered Dealer shall inform classified of any other issues with the Vehicle within twenty-four (24) hours of collection or delivery of the Vehicle (as applicable). Thereafter, no claims shall be admissible.
classified may, in its sole and absolute discretion and with or without any prior notice, cancel or postpone a sale or withdraw a Vehicle from sale. classified shall not be liable for any costs, charges, claims, damages, loss of opportunity, revenue or profit, howsoever caused, suffered by the Registered Dealer as a result of any Vehicle retraction, sale cancellation or postponement by classified, a classified Customer or otherwise.
classified may charge the Registered Dealer a service fee as compensation for the use of the E-Marketplace Services. The Registered Dealer will be informed of the amount of any such service fee in advance as part of the Registration process, and will have the opportunity to stop using the E-Marketplace Services prior to this service fee applying. Where applicable, this service fee will be subject to VAT.
This Agreement may be terminated by classified immediately without notice if the Registered Dealer commits any material breach of any of the provisions of this Agreement and, if the breach is capable of remedy, the Registered Dealer fails to remedy it within three (3) days after being so notified by classified. In the meantime, classified reserves the right to suspend the Registered Dealer’s classified Account.
The Registered Dealer may cease using the E-Marketplace Services at any time, provided all payments under the Agreement have been cleared, in which case this Agreement shall terminate immediately without notice.
All rights, duties and responsibilities of either party that either expressly or by their nature extend into the future, including warranties and indemnifications, shall extend beyond and survive the expiry or termination of this Agreement.
Any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination, shall not be affected or prejudiced by the termination of this Agreement.
classified shall not be liable whether in tort, contract, misrepresentation, restitution or otherwise, for any loss of profits, loss of business, wasted expenditure, loss or corruption of data or information, pure economic loss, or any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement.
Subject to clause 11.1 above, classified’s total aggregate liability, whether in tort, contract, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the higher of: (i) the total amount of fees paid by the Registered Dealer in connection with its use of the E-Marketplace Services in the twelve (12) months preceding the event giving rise to a claim; or (ii) SAR 1,000.
The Registered Dealer shall keep confidential all non-public information disclosed, supplied, made available or made accessible to the Registered Dealer, either directly or indirectly, in writing or orally, relating to or in connection with this Agreement, and shall not disclose any such information or use any such information except where required by law.
Should a dispute arise in relation to a bid (including between the Registered Dealer and any classified Customer), classified is solely responsible for determining the outcome of the dispute. The Registered Dealer agrees to indemnify, defend and hold harmless, classified for any liability (including any claims by classified Customers) arising from decisions made in connection with any such disputes.
classified reserves the right to modify the terms of this Agreement at any time. Any revised version of this Agreement will be published on this page, and will become effective immediately upon publication. classified may also notify the Registered Dealer of any such modification via email and/or on the classified Platform.
The Registered Dealer may have access to other features and services that are available on the classified Platform which are governed by a separate set of terms and conditions. classified will inform the Registered Dealer of such separate terms and conditions at the relevant time.
This Agreement constitutes the entire agreement between the parties in relation to its subject matter, and supersedes, cancels and replaces any and all prior agreements, understanding or arrangements of any nature whatsoever between the parties, whether written, oral or implied, relating to the subject matter hereof.
Nothing contained or implied in this Agreement shall constitute or be deemed to constitute a partnership between the parties, and the Registered Dealer shall not make any public announcement or press release or publicity of any kind whatsoever related to or in connection with this Agreement, except if otherwise agreed by the parties in writing.
This Agreement may be executed in more than one language. If there is a conflict between the original English language and any translation of this Agreement, the original English version shall prevail.
This Agreement shall be governed by, and interpreted in accordance with, the laws of the Dubai International Financial Centre (“DIFC”). Any dispute, controversy or claim arising out of or relating to this Agreement (including any question regarding its existence, validity breach or termination) shall be exclusively referred to and resolved by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre (“ DIAC”), which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The language to be used in the arbitration shall be English. The seat and place of arbitration shall be Dubai, United Arab Emirates. Each party unconditionally and irrevocably renounces any right it may have to challenge in any other jurisdiction or arbitral system the decision of the DIAC.