| PowerBand Global Arbitration Policy and Procedures |
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Powerband Global is designed to facilitate the appraisal, valuation, purchase, and sale of used vehicles, by exposing them to a network of Buyers and Sellers, on the World Wide Web. All vehicles sold through Powerband Global are intended to be promoted in a fair and ethical manner for both the Seller and the Buyer. If PBG determines that the any component of the transaction is misrepresented or is unethical to either party, it may cancel the sale, at its sole discretion. PBG makes no representations or guarantees as to the description, equipment, history, warranties, service policy, Vehicle Registration status/accuracy or odometer on any vehicle sold or offered for sale. PBG does not guarantee or get involved in any factory or dealer warranty coverage issues on vehicles sold or offered for sale on PBG. Although we strive for Sellers to provide an accurate representation of all vehicles for sale (in the "Vehicle Listing" ("VL")), there may be times where various items may not be disclosed and/or misrepresented. In this case, PBG has implemented a fair and efficient set of guidelines, for the purpose of resolving any disputes which may arise ("PBG Arbitration Policies and Procedures"). What is Arbitration? Arbitration is the process of resolving a purchase dispute between the Buyer and Seller. For this purpose, PBG will appoint an Arbitrator, a trained professional who understands the used automotive industry and possesses mechanical and bodywork expertise, to assist Buyers and Sellers in resolving disputes that may arise from a vehicle sale on Powerband Global. PBG's process is designed to be quick, impartial, practical, and economical. The Arbitration process is not a tool for price reduction or for dealing with "Buyer's Remorse". Buyer understands and acknowledges that they are purchasing USED vehicles, subject to minor defects and predictable levels of wear and tear. The Buyer must also understand that it is his/her responsibility to read the VL thoroughly before bidding and a claim will not be arbitrated until the Buyer has paid for the vehicle in full. Arbitrations will be regularly monitored by PBG, therefore, Sellers who repeatedly make false statements, or Buyers who repeatedly submit questionable arbitration claims, may have their Powerband Global privileges temporarily or permanently suspended. What Is Subject To Arbitration? Any undisclosed damage, condition or discrepancy that would be greater than $500.00(before applicable taxes) to repair would be subject to Arbitration. Any damage, condition or discrepancy that has been disclosed on the VL is NOT subject to arbitration. Vehicles sold "As-Is" are NOT subject to arbitration. An As-Is Vehicle is defined as a vehicle transacted at less than $3,500.00 or with mileage in excess of 160,000 kms. Additionally, where the Seller is unable to verify the vehicle's history, condition and/or road worthiness will also be deemed As-Is How Does Arbitration Work? 1. Buyer Must Pay for the Vehicle A claim will not be arbitrated until the Buyer has paid for the vehicle in full, unless deemed otherwise by the Arbitrator. If the Buyer does not make full payment for the vehicle, PBG may, at its discretion, cancel the Buyer's right to initiate Arbitration. PBG will only arbitrate the specified item or items on the Arbitration form. It is the Buyer's responsibility to thoroughly inspect the vehicle within 2 BUSINESS DAYS of physical possession, to ensure all disputable items are listed on the Arbitration claim form. 2. Buyer Must Complete Arbitration Form A Buyer initiates Arbitration by submitting a completed Arbitration form. Additional supporting documentation including , (i) digital photos of defect, (ii) repair estimates from a reputable source and (iii) any other pertinent documentation, may be included if applicable. The deadline for completing and submitting this form to the Arbitrator electronically or by fax, is 2 BUSINESS DAYS after the buyer is in physical possession of the vehicle except in the case of any structural damage, in which the claim submission deadline is 7 BUSINESS DAYS after the buyer is in physical possession of the vehicle. 3. Arbitration Fee PBG reserves the right to assess a $280.00 Arbitration fee to the unsuccessful party in addition to all amounts owed by the unsuccessful party for the costs of the arbitration. If the Arbitrator deems the vehicle was called in a correct manner and the Arbitration claim is found to be invalid, the Buyer will be responsible for this fee. If the Arbitration is valid, the Seller will be charged the $280.00 fee. In addition to the Arbitration fee, any additional charges associated with the Arbitration procedure, such as 3rd party inspection fees, transportation costs, costs of the arbitrator, etc., will be incurred and paid by the unsuccessful party. 4. Investigation The Arbitrator will review only issues raised in the Arbitration form, along with any supporting documentation that may be included. Any Arbitration shall be properly documented in writing and signed by the Arbitrator. Both the Buyer and the Seller will have an opportunity to explain their position to the Arbitrator. Depending on the nature of the complaint, the Arbitrator may, after listening to both parties, come to a decision without further consultation, or dispatch an inspector to view the vehicle to verify the contested issue. If an inspector is dispatched, the party against whom the arbitration decision is made must pay ALL costs of the Arbitration referenced above (in addition to any inspector fees applicable) within 3 BUSINESS DAYS of receiving the Arbitrator's final decision in writing. 5. Decision After completing the investigation, the Arbitrator will decide whether or not the complaint is valid and inform both parties of the decision in writing. All decisions of the Arbitrator are final and binding upon the Seller and Buyer and there shall be no rights of appeal from any such decisions. The Buyer is not permitted to arbitrate the same issue on the same vehicle twice. If a price adjustment is made the vehicle becomes the "AS-IS" property of the Buyer, and is not subject to any further Arbitration. 6. Resolution The Arbitrator may grant any resolution that he/she considers appropriate within the circumstances. Remedies may include: cancellation of sale and refund of purchase price, partial rebate of purchase price, repair of defect at Seller's expense, repair of defect at Seller's partial expense, refund of expenses, etc. If the Arbitrator finds that the seller misrepresented the condition of the vehicle, or failed to disclose pertinent information with respect to a condition, where the cost of repair exceeds $500.00, then the Arbitrator shall order the Seller to either (i) take the vehicle back into their possession, thereby cancelling the sale of the vehicle, or (ii) deduct the Deemed Amount from the purchase price of the vehicle. If the transaction is cancelled, the Seller will be responsible for all transportation costs to/from the Buyer and all fees associated with the cancellation. If the cost of repair is less than the $500.00, then the Arbitrator shall dismiss the claim and direct the Buyer to pay all costs associated with the invalid Arbitration claim. 7. Finality The decision of the Arbitrator and any Resolution imposed is final and binding upon the Seller and Buyer and there shall be no rights of appeal or claims from any such decisions. By choosing to initiate the Arbitration process, the Buyer is agreeing to comply with, and be bound by the Arbitrator's decision. By using Powerband Global for the sale of a vehicle, the Seller is agreeing to participate in any Arbitration process that may be initiated, to be bound by the Arbitrator's decision and to comply with any Resolution imposed. |
