car-part gold roll call guidelines, rules and...

Car-Part Gold Roll Call Guidelines, Rules and Procedures

Car-Part Gold Roll Call Guidelines RC-2010-B-UG-C This edition obsoletes all previous editions. Published by Car-Part.com 1980 Highland Pike Ft. Wright, KY 41017 Copyright © 2010 by Car-Part.com All rights reserved. This software and related documentation are proprietary to Car-Part.com. No part of the contents of this document may be reproduced or transmitted in any form or by any means without the written permission of the publisher. Bidmate, Partmate, Car-Part Messaging, Live Chat, Coremate, Checkmate, Fast Parts, FastNnet, Car-Part Exchange, Trading Partners, Compass, Orion, SmartVin, Smart Interchange, Order Trakker and Tagmate are trademarks of Car-Part.com. All other product and company names mentioned herein are the property of their respective owners. This edition obsoletes all previous editions.

Manual History Publication Number

Product Version

Publication Date

RC-2010-B-UG-C 2010 July 2010

© Car-Part.com Car-Part Gold Roll Call Guidelines RC-2010-B-UG-C

Contents Roll Call Procedures Summary.....................................................................................................4 Acknowledgments and Car-Part’s Right to Amend.......................................................................6 Getting Help ..................................................................................................................................6

Phone Support ..........................................................................................................................6 Online Support using Car-Part Messaging (iCPM) ...................................................................7

Training .........................................................................................................................................7 Comments.....................................................................................................................................7 Introduction ...................................................................................................................................8 Definitions .....................................................................................................................................9 Requirements................................................................................................................................9 How to Initiate Roll Call Proceedings..........................................................................................10

Disputing a Claim....................................................................................................................11 Notices to the Roll Call Administrator......................................................................................11 Disputes that Remain Unresolved after Initial Response Period ............................................11 Consequences of Failure to Follow Decision..........................................................................12 Termination of Right to Participate in Roll Call........................................................................13 Insufficient Payment................................................................................................................13 Guidelines for Transactions Subject to Roll Call .....................................................................13 Making and Confirming the Sale.............................................................................................14 Ordering Merchandise ............................................................................................................14 Marking Merchandise..............................................................................................................15 Correct Merchandise...............................................................................................................15 Purchasing Usable but Damaged Merchandise......................................................................15 Shipping To A Third Party .......................................................................................................15 Refusing Shipments................................................................................................................15 COD Shipments ......................................................................................................................16 Cancellation of a Sale .............................................................................................................16 Incorrect Merchandise Ordered by Buyer ...............................................................................16 Incorrect Merchandise Shipped by Seller ...............................................................................17 Incorrect Merchandise from Mutual Error................................................................................17 Damaged Merchandise...........................................................................................................17 Warranty .................................................................................................................................18 Freight Claims.........................................................................................................................18 Returning Merchandise...........................................................................................................19 Invoices or Statements for Merchandise.................................................................................19 Shipping Merchandise ............................................................................................................19 Billing and Payment Policies between Buyer and Seller.........................................................20 Enforcement and Restrictions of Guidelines ...........................................................................20


Roll Call Procedures Summary The following is a summary of the Roll Call dispute resolution procedures. This summary is intended to be an overview of certain procedures and is qualified in its entirety by the Car-Part Roll Call Guidelines, Rules, and Procedures. Please refer to the Car-Part Roll Call Guidelines, Rules, and Procedures for definitions to the terms used in this summary. Which transactions are subject to Roll Call? Roll Call Participants may initiate Roll Call Proceedings for transactions where the following requirements are met:

Both the Buyer and Seller must be Roll Call participants. The part(s) involved in the transaction must have been located using one of Car-

Part.com’s parts locating solutions and the transaction must have been consummated (in whole or in part) using either Satellite Orion or Car-Part Messaging (whether iCPM, CPM v1.0 or another Car-Part Messaging product), another part locating system provided by Car-Part.com, or by way of one or more Roll Call written communications.

The debt must be delinquent and at least 45 days from the date of purchase. If the dispute relates to non-payment of a debt, the debt must not be older than 6 months

from the date of purchase. If the dispute relates to failure to satisfy a warranty claim, the dispute must be brought no

later than one month after the expiration of the warranty at issue or 6 months after the date of purchase, whichever is later.

How can I initiate Roll Call Proceedings? You must send a Roll Call Violation Notice to the Roll Call Administrator. All notices to the Roll Call Administrator must be sent in the manner described in the How to Initiate Roll Call Proceedings section of the Car-Part Roll Call Guidelines, Rules, and Procedures. What can I do if Roll Call Proceedings are initiated against me? If Roll Call Proceedings are initiated against you by another Roll Call participant, you must take one of the following actions during the Initial Response Period (10 calendar days after the Roll Call Administrator sends the initial notice of the dispute):

Pay the amount owed. Make other arrangements and notify the Roll Call Administrator of such other

arrangements. Notify the Roll Call Administrator that you are disputing the claim.

Note: If a claim is not disputed within the Initial Response Period, it will be treated as a valid claim.

What happens with disputes that are not resolved during the Initial Response Period? If you initiate Roll Call Proceedings and there is an unresolved dispute between you and the other party of the transaction, you must notify the Roll Call Administrator of the ongoing dispute within 30 days after the expiration of the Initial Response Period. NOTE: If you fail to notify the Roll Call Administrator of the unresolved dispute within such 30-day period then no further


action may be taken under the Car-Part Roll Call Guidelines, Rules, and Procedures. So long as both parties have satisfied all of their notice requirements under the Car-Part Roll Call Guidelines, Rules, and Procedures (notifying the Roll Call Administrator regarding the dispute and the fact that it remains unresolved in the appropriate time periods identified above), the dispute will brought before the Arbitration Board. Both parties must submit all documentation requested by the Arbitration Board within the time periods established by the Arbitration Board. NOTE: If either party fails to submit documentation within the allotted time period, the Arbitration Board will rule against that party. Once a decision is made by the Arbitration Board, the parties must comply with the decision within 10 days. What are the consequences if a party fails to comply with the Arbitration Board’s decision? If a party does not comply with the Arbitration Board’s decision within the 10-day period, that party will lose its Roll Call Gold Star status and will have its Car-Part Messaging and/or Satellite Orion service suspended until the payment has been made. Once a Roll Call Participant’s Roll Call Gold Star status is lost, such Roll Call Participant must both follow the Arbitration Board’s ruling and pay Car-Part.com a $150 reinstatement fee in order to have its Roll Call Gold Star status reinstated. Any Roll Call Participant that has committed 3 Roll Call violations within 1 year resulting in the suspension of service may have its Car-Part Messaging and/or Satellite Orion service permanently terminated, or may be placed on COD. Once a Roll Call Participant is placed on COD, its Roll Call Gold Star status will only be regained after six consecutive months with no Roll Call violations.


Acknowledgments and Car-Part’s Right to Amend Recyclers subscribing to Car-Part Messaging services (whether iCPM, CPM v1.0 or another Car-Part Messaging service) and/or Satellite Orion, are required to participate in Car-Part’s Roll Call program. Recyclers subscribing to Car-Part Gold (but which do not use Car-Part Messaging or Satellite Orion) may also elect to participate in Car-Part’s Roll Call program. Each Car-Part customer that participates in Car-Part’s Roll Call program is referred to as a “Roll Call Participant.” Each Roll Call Participant acknowledges, understands, and agrees that: (1) it is bound by the terms, conditions, guidelines, rules and procedures of the Roll Call program set forth in this Car-Part Roll Call Guidelines, Rules and Procedures (as amended from time to time); (2) information regarding your payment history and Roll Call status may be disclosed by Car-Part to other Car-Part customers; and (3) neither Car-Part.com, any Roll Call Administrator, any arbitrators, nor any of their respective employees or agents shall be responsible for any liabilities incurred (or claimed to have been incurred) by any Roll Call Participant arising from or based upon their participation in the Roll Call program, or upon any act or omission of Car-Part.com, any Roll Call Administrator, any arbitrator, or any of their respective employees or agents. Car-Part.com may amend these Car-Part Roll Call Guidelines, Rules and Procedures at any time by (1) posting an amended version of these Car-Part Roll Call Guidelines, Rules and Procedures to a link accessible from the Car-Part Messaging client(s) used by Roll Call participants, (2) posting an amended version of these Car-Part Roll Call Guidelines, Rules and Procedures on our website, or (3) otherwise providing you reasonable notice of any amendment(s) to these Car-Part Roll Call Guidelines, Rules and Procedures. The Car-Part Roll Call Guidelines, Rules and Procedures (as amended) will be effective immediately upon being posted in the manner described above (or when we otherwise provide you reasonable notice of the amendment(s) as described above) unless a different effective date is explicitly set forth in the amended Car-Part Roll Call Guidelines, Rules and Procedures. You do not have the right to amend, modify, disregard, or reject any of the terms or conditions of these Car-Part Roll Call Guidelines, Rules and Procedures (either in their present form or as they may be amended from time to time in the future).

Getting Help Car-Part.com takes customer service seriously. We have a variety of support options available to help you if you have questions about our products or if you need help for any reason. Your questions are very important to us and we want your experience to be a positive one. Please contact us with any questions or concerns using any of the following methods.

Phone Support If you have a question not covered in this guide, Car-Part.com offers 24 hour LIVE phone support. Please call 859-344-1925 with your questions. A customer support technician is always available to answer your questions.


Online Support using Car-Part Messaging (iCPM) Support technicians are available online using Car-Part Messaging (iCPM) support rooms. These technicians are available LIVE to help answer any questions you may have. The support rooms are staffed: Monday–Friday: 8:00AM–8:00 PM ET Saturday: 8:00AM–8:00 PM ET To enter an iCPM support room:

1. Click the iCPM icon on your desktop.

2. Car-Part Messaging opens. 3. Double-click the name of the Support Room from your bookmark list.

4. Type Help and a brief explanation of your issue. A Car-Part.com support technician will

answer and help with your issue.

Training If you have ongoing training needs, Car-Part.com has a team of product training specialists to help you install, configure and and learn how to use our products quickly. If you are interested in product training, please call our training department at 859-344-1925 and a trainer in your area will call to set up phone or onsite training. You can also email us at [email protected].

Comments We welcome your comments and suggestions concerning the content and organization of this guide as well as the accuracy and the usability of the instructions it contains. Email us at [email protected]. We’re listening!


mailto:[email protected]



Introduction Car-Part’s Roll Call program is designed to ensure that Car-Part customers participating in the program have a fair way of resolving potential disputes, such as a payment issues. In cases where disputes cannot be settled amicably between recyclers, they can be escalated to a Roll Call Administrator who helps mediate the dispute process. Roll Call Participants shall have their Roll Call status (New, COD, or a Gold Star) displayed on the Bulletin Board, in Car-Part Messaging, and in website search results. This Roll Call status designation provides other recyclers with an indication of whether the Roll Call Participant is new to the Roll Call program and whether or not the Roll Call Participant is in good standing under the Roll Call program. A Roll Call Participant’s status shall be (1) “New” for the first 6 months that it participates in the Roll Call Program (2) “COD” if it has committed 3 or more Roll Call violations in any 1-year period that results in the suspension of service (or acts in any other manner that these guidelines, rules and procedures indicate may result in having its status changed to COD) or (3) a Gold Star if the Roll Call Participant has participated in the Roll Call program for more than 6 months and has not had its status changed to COD pursuant to these guidelines, rules and procedures.


Definitions The following definitions are for the purposes of this document:

Roll Call Participant means any Car-Part recycler customer that participates in the Roll Call program. Recyclers subscribing to Car-Part Messaging services (whether iCPM, CPM v1.0 or another Car-Part Messaging service) and/or Satellite Orion, are required to participate in Car-Part’s Roll Call program. Recyclers subscribing to Car-Part Gold (but which do not use Car-Part Messaging or Satellite Orion) may also elect to participate in Car-Part’s Roll Call program.

Seller means the Roll Call Participant that has an item for sale. Buyer means the Roll Call Participant that is alleged to have purchased an item from the

Seller. Roll Call Administrator means the individual(s) designated by Car-Part.com to receive

and process the Roll Call notices. Yard A is the Roll Call Participant that has initiated a dispute. Yard B is the Roll Call Participant that Yard A initiated a dispute against. Roll Call Written Communication means (1) a communication between Roll Call

Participants that is sent through Satellite Orion (2) a communication between Roll Call Participants that is sent through a Car-Part Messaging service (3) an e-mail communication between Roll Call Participants, and/or (4) any other written communication between Roll Call Participants (including letters, faxes, etc.).

Roll Call Proceedings means the Roll Call dispute resolution proceedings described in these Car-Part Roll Call Guidelines, Rules, and Procedures.

Arbitration Board is a panel of individual arbitrators selected by the Roll Call Administrator (which may or may not be Car-Part employees) who will review the dispute and provide a ruling on the matter. The arbitrators are not required to be professional arbitrators but will generally have some automotive or recycling industry experience.

Requirements Roll Call Proceedings are available to resolve disputes between Roll Call Participants where a Car-Part service was used to locate and/or order the part involved in the relevant transaction. Once the following requirements are met, either the Seller or Buyer can initiate Roll Call Proceedings in the manner described herein.

The debt must be delinquent and at least 45 days from the date of purchase. If the dispute relates to non-payment of a debt, the debt must not be older than 6 months

from the date of purchase. If the dispute relates to failure to satisfy a warranty claim, the dispute must be brought no

later than one month after the expiration of the warranty at issue or 6 months after date of purchase whichever is later.

The part(s) involved in the transaction must have been located using one of Car-Part.com’s parts locating solutions and the transaction must have been consummated (in whole or in part) using either Satellite Orion or Car-Part Messaging (whether iCPM, CPM v1.0 or another Car-Part Messaging product), another part locating system provided by Car-Part.com, or by way of one or more Roll Call Written Communications.

Both the Buyer and Seller must be Roll Call Participants.


Note:

Roll Call Proceedings are intended as the last collection option. We would ask that you make every effort to collect any debt owed to you before submitting a claim to the Roll Call Administrator. If disagreements arise which require communications between the parties, such communications should be conducted by way of one or more Roll Call Written Communications which are sent only to the interested parties (i.e. they should be private messages sent only to the parties with an interest in the dispute and should not be broadcast messages which are also sent to parties which are not involved in the dispute).

How to Initiate Roll Call Proceedings If a Roll Call Participant desires to initiate Roll Call Proceedings against another Roll Call Participant, the following procedure must be followed.

2. The Buyer or Seller must send a notice of the alleged Roll Call violation (a “Roll Call Violation Notice”) to the Roll Call Administrator. iCPM customers can access the Report Roll Call Violation form using the Roll Call button (or the RC button in older versions of Car-Part Messaging).

If you do not have Car-Part Messaging but do have Satellite Orion, use the Orion Roll Call formatted screen. Once on the screen, follow these instructions:

A. Press the F2 key. B. Press the F7 key twice. C. Press the A key. D. Enter your Roll Call information. E. When the form is completed, press the F1 key to send.

3. All Roll Call Violation Notices received by the Roll Call Administrator are distributed to

the interested parties by the following Monday. Roll Call Violation Notices received by the Roll Call Administrator are distributed to both Yard A and Yard B.


4. The party who did not initiate a Roll Call dispute (in this case, Yard B) has 10 calendar

days after the date that the Roll Call Administrator’s initial notice was sent (this is the “Initial Response Period”) to complete one of the following options:

Pay the amount owed. If payment is made, the recycler who initiated the dispute (Yard A) is responsible for notifying the Roll Call Administrator.

Make other arrangements. If alternate arrangements are made between the two yards, we recommend that both parties communicate in writing and copy the Roll Call Administrator.

Dispute debt owed. To dispute the debt, Yard B must email the Roll Call Administrator.

Disputing a Claim As stated above, a Roll Call Participant may dispute any claims made against it. To dispute a claim, the Roll Call participant must notify the Roll Call Administrator within the Initial Response Period that it is disputing the claim. If a Roll Call Participant does not notify the Roll Call Administrator that it is disputing a claim within the Initial Response Period, then the claim will be treated as valid under these Roll Call Guidelines, Rules, and Procedures.

Notices to the Roll Call Administrator Any and all notices sent from a Roll Call Participant to the Roll Call Administrator should be sent by e-mail to [email protected]. We recommend that you send all e-mails with a return receipt requested. Your message must include the following information:

• C number or Car-Part account number and name of the yard that made the claim • Amount of the dispute • A statement clearly indicating that you are disputing the debt

Disputes that Remain Unresolved after Initial Response Period If the dispute has not been resolved, Yard A is responsible for notifying the Roll Call Administrator within 30 calendar days after the expiration of the Initial Response Period. If notice is not received by the Roll Call Administrator within such 30-day period, no further action can be taken against Yard B under these Roll Call Guidelines, Rules, and Procedures. If Yard B disputes the claim within the Initial Response Period, the matter will be brought before the Arbitration Board. The Arbitration Board will require documentation from both Yard A and Yard B to support their respective claims. Suggested documentation includes:

• Summary of all circumstances • Hard copies of any Roll Call Written Communications • Any shipping documentation • Any pictures of items (if applicable) • Any other pertinent documentation



Each party is responsible for any and all costs incurred by it in connection with submitting documentation. It will be left to the Roll Call Administrator’s sole discretion as to whether the original documents are needed. In the event that a document needs to be verified or is in any way illegible, originals may be required. If either party fails to submit documentation within the allotted time period, that yard will automatically be ruled against. If both parties fail to submit documentation within the allotted time period, all claims and disputes will become null and void. This dispute will not be eligible for resolution through Roll Call Proceedings again. If both parties send in documentation, the Arbitration Board will review the dispute and announce a ruling.

Consequences of Failure to Follow Decision Once a decision is made the Arbitration Board, the party that is ruled against must comply with the decision within 10 days. It is up to the prevailing party to notify the Roll Call Administrator whether the ruling has been followed. For example, if it is ruled that Yard B must pay Yard A, then it is Yard A’s responsibility to notify the Roll Call Administrator when Yard B makes the payment. If Yard B does not pay the debt, Yard B will lose its Roll Call Gold Star status and will have its Car-Part Messaging and/or Satellite Orion service suspended until the payment has been made. If Yard B pays the debt but Yard A fails to notify the Roll Call Administrator of the payment, Yard A may lose its Roll Call Gold Star status and have its Car-Part Messaging and/or Satellite Orion service suspended. No credit will be issued by Car-Part.com for any interrupted or suspended service due to Roll Call violations. If Yard A does not notify the Roll Call Administrator within 20 days of the ruling that Yard B did not make the required payment, no further action can be taken against Yard B under the Roll Call procedures. Once a Roll Call Participant’s Roll Call Gold Star is lost, such Roll Call Participant must both follow the Arbitration Board’s ruling and pay Car-Part.com a $150 reinstatement fee in order to have its Roll Call Gold Star status reinstated. All Roll Call Participants must continue to honor their obligations under the terms and conditions of any and all agreements with Car-Part (including, without limitation, paying any required fees) notwithstanding the suspension of any Car-Part services due to a Roll Call violation. If the offending party (in this case, Yard B) does not remit payment within 30 calendar days, Car-Part.com will terminate its Car-Part Messaging and/or Satellite Orion service (and, in such event, will remove or send call tags for all applicable Satellite Orion equipment from the recycler’s facility). If the customer is a Car-Part Gold customer, the recycler’s Gold Star designation will be removed. The recycler must still honor the obligations under the terms and conditions of any and all agreements with Car-Part.com. Any Roll Call Participant that has committed 3 Roll Call violations within 1 year resulting in the suspension of service may have its Car-Part Messaging and/or Satellite Orion service permanently terminated, or may be placed on COD. Once a Roll Call Participant is placed on COD, its Roll Call Gold Star status will only be regained after six consecutive months with no Roll Call violations. In the event that either party files a lawsuit in regards to the debt or other dispute submitted to the Roll Call program, all Roll Call consequences (including removal of the Roll Call Gold Star rating and suspension of the Car-Part Messaging and/or Satellite Orion service) will be undone when Car-Part is provided with the court documents. The ruling of the court system is final, and overrides all prior decisions.


Termination of Right to Participate in Roll Call In addition to the other circumstances that may lead to such consequences that are identified in these Car-Part Roll Call Guidelines, Rules, and Procedures, a Roll Call participant may (at the sole discretion of the Role Call Administrator) lose its Roll Call Gold Star status (or have its Roll Call status changed to New or COD), be suspended or terminated from the Roll Call program, and/or have its Car-Part Messaging service and/or Satellite Orion service terminated upon the occurrence of any of the following events:

• The Roll Call participant is convicted of selling or brokering stolen merchandise. • The Roll Call participant fails to maintain current local and state or other applicable

licenses or certificates required to engage in its business. • The Roll Call participant sends messages aimed at hiring or soliciting the personnel of

another Roll Call Participant. • There is a change of ownership of the Roll Call participant and/or it is determined that

the Roll Call participant has been in business for less than 6 months. • The Roll Call participant fails to fulfill its obligations under any agreement with Car-Part

(or any subsidiary or affiliate of Car-Part). • The Roll Call participant no longer subscribes to a Car-Part service which allows it

participate in the Roll Call Program (regardless of whether the subscription to any such service was terminated by the Roll Call Participant or Car-Part).

Nothing in these Car-Part Roll Call Guidelines, Rules, and Procedures affects Car-Part’s rights under any agreement with a Roll Call Participant (including, without limitation, Car-Part’s right to discontinue providing any Car-Part service to a Roll Call Participant for any reason whatsoever, or no reason whatsoever, upon 30 days’ prior notice to the Roll Call Participant).

Insufficient Payment In the event that the offending party issues insufficient payment, the recipient of the payment must notify the Roll Call Administrator. The Roll Call Administrator will notify both parts that the offending party has 48 hours to re-issue payment for the original amount plus any fees and/or charges incurred by the recipient in the form of a cashier’s check or money order. If payment is not made within 48 hours, the offending party will be placed on COD and/or have its Car-Part Messaging and/or Satellite Orion service suspended until payment has been made.

Guidelines for Transactions Subject to Roll Call The following are certain recommended guidelines for standard business practices in transactions between Roll Call Participants. While these guidelines are only recommendations, a Roll Call Participants failure to follow such guidelines may be considered in a Roll Call Proceeding and the outcome of any Roll Call Proceeding may be affected by whether a Roll Call Participant followed such guidelines in the disputed matter.


Making and Confirming the Sale When making and confirming a sale, the Buyer must accurately request the merchandise so that the Seller can meet the Buyer’s merchandise requirements. To ensure that the correct merchandise is shipped, all details of the desired merchandise should be discussed in writing.

Any agreements or arrangements regarding the sale of a part should be made by way of Roll Call Written Communications so that a printed record of the transaction is retained. If a disagreement occurs, Roll Call Written Communications will take precedence over oral agreements. All oral agreements should be confirmed in a subsequent Roll Call Written Communication. When confirming a sale between Buyer and Seller, both Buyer and Seller should make sure that the confirmation includes:

• Exact description of merchandise to be shipped (i.e. year, make, model, VIN, interchange number, condition of part, mileage)

• Terms of Sale (e.g. open account, COD, Net 30) • Agreed upon price • Restocking fees (if any) • Method of shipment • Date of shipment • Warranty • Delivery • Core return

Keep a copy of this confirmation for your records.

Ordering Merchandise Generally, merchandise is ordered “open account” between Roll Call Participants or is paid with a credit card. If you sell “open account” or accept a credit card, you do so at your own risk. If the transaction between Roll Call Participants will be paid for by credit card or cash on delivery (COD), then COD or credit card must be included in the Seller’s quote to the Buyer. (For further information on COD, please refer to COD Shipments section of this document.) If the Seller charges a restocking fee for returned parts, this should also be stated at the time of sale. We recommend that you obtain a Roll Call credit check on any business you choose to sell to “open account.” A Roll Call credit check can be obtained for any Roll Call Participant by sending a request to the Roll Call Administrator. The Roll Call Administrator will then let you know how long this Roll Call Participant has been participating in the Roll Call program and if claims have been made against this Roll Call Participant under the Roll Call program within the past 12 months. Any and all transactions are solely between Buyers and Sellers and Car-Part.com has no obligation to ensure payments relating to any parts sales under any circumstances. Even if you do a Roll Call credit check, Car-Part.com has no liability or obligation whatsoever to ensure any payments between any Roll Call Participants.


Marking Merchandise All merchandise should be marked by Seller with some type of unique coding in order to identify it as their merchandise. If the Buyer cannot locate or identify the mark, the Buyer should contact the Seller. If the part is authorized to be returned, the Seller has 14 days to pick up the part from the Buyer, and the Seller is responsible for all freight charges.

Correct Merchandise If the merchandise is good, has been accurately described, has the Seller’s mark, and has arrived within the original agreed-upon length of time, there should be no disputes and the sale of the merchandise is considered final. The Buyer shall promptly pay the Seller upon statement or invoice. Any changes of terms or returns of merchandise at this point will be solely at the discretion of the Seller. If new agreements are made, they should be evidenced in a Roll Call Written Communication.

Purchasing Usable but Damaged Merchandise When the merchandise to be purchased by the Buyer is usable but damaged or in need of repair, the Buyer must keep in mind that the time given for repairs is only the Seller’s estimate. (We suggest pictures of the merchandise be taken and sent to the Buyer prior to sending merchandise.) We also recommend that damage be expressed in credit card units of damage and not in hours of repair time. A satisfactory price should be reached between the Buyer and the Seller based on the pictures and set forth in a Roll Call Written Communication.

Shipping To A Third Party Car-Part.com will allow third party shipments at your own risk for Roll Call consideration or arbitration. Car-Part.com does not recommend shipping to a third party. If a third party shipment is requested by a Buyer, the Buyer assumes the responsibility for the third-party actions relating to this transaction.

Refusing Shipments The Buyer may refuse a shipment under the following circumstances:

• Late delivery – The buyer cannot refuse the part if the delivery time meets the normal parameters of the shipping company. The only exception is if the Seller did not ship in accordance with the original agreement.

• Merchandise not ordered – The merchandise received was never ordered by Buyer.


• Wrong merchandise – When the merchandise received is not what was ordered, the Buyer should notify the Seller in writing as soon as possible. The Buyer should inform the Seller that the wrong merchandise was shipped and that the Seller must pick up the part at the Seller’s expense.

Under no circumstances should the part be sent back to the Seller without the Buyer first sending a Roll Call Written Communication to Seller. If the Seller does not respond within a reasonable period, the Buyer should contact the Roll Call Administrator for help. When contacting the Roll Call Administrator for help, the Buyer should include the message or email requesting to return the part.

COD Shipments If the Seller decides to ship the merchandise COD, the Seller should notify the Buyer by way of a Roll Call Written Communication prior to the shipment. Both parties should agree to this in one or more Roll Call Written Communications before the merchandise is shipped. If the Buyer decides upon receipt of the merchandise to refuse the COD shipment, then the Buyer will be responsible for all freight charges and a restocking fee if stated on original order. If the Seller makes a COD shipment and it was not originally agreed to in one or more Roll Call Written Communications at the time of the sale or prior to shipment, then the Buyer has the right to refuse delivery and the Seller is responsible for all freight charges.

Cancellation of a Sale In the event that the Buyer wants to cancel a sale, the Buyer should notify the Seller of this immediately by way of a Roll Call Written Communication. At no time should the delivery be refused unless the Seller has agreed in a Roll Call Written Communication that the Buyer may refuse the delivery. The Buyer is responsible for all freight charges and restocking fees if applicable, unless otherwise agreed upon in one or more Roll Call Written Communications. Car-Part.com suggests that the Buyer get a deposit from its customer before ordering parts from another Roll Call Participant in case the customer cancels the sale. If the Seller refuses cancellation, the Seller should notify the Buyer of this in a Roll Call Written Communication and the Buyer is responsible for payment. If a disagreement occurs, Roll Call Written Communications will take precedence over oral agreements.

Incorrect Merchandise Ordered by Buyer If the Buyer orders incorrect merchandise for any reason, the Buyer must notify the Seller by way of a Roll Call Written Communication to cancel the order upon the discovery. If the merchandise has been shipped, it is the Seller’s decision whether to accept or not accept the cancellation of the order. If the Seller authorizes cancellation of the order and merchandise is returned, the Buyer must pay all freight charges to return the Seller’s merchandise unless otherwise agreed upon by Buyer and Seller in one or more Roll Call Written Communications. The Seller can charge a restocking fee if this is stated on the original order. All merchandise


must be returned to the Seller within 14 days after the agreement is made and evidenced in one or more Roll Call Written Communication. If the merchandise has not been returned within 14 days, the Buyer must keep and pay for the merchandise upon receiving a statement from the Seller.

Incorrect Merchandise Shipped by Seller In the event that wrong, defective, or incorrectly described merchandise is received by the Buyer, the Buyer should notify the Seller of the problem by way of a Roll Call Written Communication within 2 business days. The Buyer and Seller should come to a mutual agreement on the resolution of the matter. This agreement should be set forth in one or more Roll Call Written Communications. If the agreement is to return the merchandise, the Seller must make arrangements to have the merchandise picked up and shall bear all cost for its return unless agreed upon by Buyer and Seller in one or more Roll Call Written Communications.

Incorrect Merchandise from Mutual Error In the event of a mutual error, the Buyer and Seller must divide the shipping charges. Both parties should make all agreements in writing and acknowledge receipt of the agreement by way of one or more Roll Call Written Communications. If there is an error because of incorrect Hollander Interchange applications, this will be treated the same as a mutual error.

Damaged Merchandise In the event that merchandise is damaged or not as described, the Buyer should notify the Seller by way of a Roll Call Written Communication within 2 business days after receipt of the damaged merchandise. If a disagreement occurs, the Roll Call Written Communications will take precedence over oral agreements.

If the merchandise is damaged, but the damage was not sustained during shipping, the Buyer should contact the Seller by way of a Roll Call Written Communication. The Seller must offer the Buyer the following options:

• Replacement

• Return at Seller’s expense. The Seller will be responsible for picking up the damaged merchandise. Buyer will provide reasonable repacking for shipment return.

• Credit (if agreed upon by Buyer and Seller in one or more Roll Call Written Communications)

The Buyer and Seller should come to an agreement and such agreements should be set forth in one or more Roll Call Written Communications within 2 business days. If the Buyer and Seller cannot come to an agreement, then the Buyer should notify the Roll Call Administrator. If an


agreement is made to return the part, refer to the Returning Merchandise section of this document.

If the Buyer and Seller cannot reach an agreement, then the transaction may be sent to the Arbitration Board for a binding resolution.

The Buyer cannot claim any damage to the Seller’s merchandise once the part is sold to the Buyer’s customer. The only exception to the above guideline will be damage that is not visible. For example, the part shipped could have had a bent frame or the part did not fit correctly because the part was bent. All defective claims must be sent to the Seller by the Buyer prior to the expiration of the Seller’s warranty period.

Warranty The warranty starts the day the Buyer receives the merchandise.

Freight Claims If the merchandise was damaged by the freight carrier, the Buyer must note the damage on the bill of lading at the time of delivery. If the damage is found after the freight carrier has left, it is the Buyer’s responsibility to notify the freight carrier and to send a message to the Seller by way of a Roll Call Written Communication. After the Seller is notified of the damaged merchandise, it is the Seller’s responsibility to notify his carrier and start the claim process.

This merchandise must remain at the Buyer’s location until all parties reach an agreement evidenced by one or more Roll Call Written Communications. After the freight company has inspected the merchandise (within 5 business days) the report must immediately be sent to the Seller. The Buyer and Seller must come to an agreement based on that inspection report. If the Buyer is keeping the part due to minimal damage, then the Buyer and Seller should evidence any new agreement in one or more Roll Call Written Communications. Both parties should acknowledge this agreement by way of Roll Call Written Communications. If the Buyer keeps the part, or has the merchandise fixed or repaired without a written agreement, then the Buyer will pay for all repairs. No reduction is allowed on the Seller’s original invoice. If the part is to be returned, the Buyer and Seller should send each other one or more Roll Call Written Communications indicating that the merchandise is to be returned at the Seller’s expense. Both parties should acknowledge this new agreement in Roll Call Written Communications. The Seller must have the damaged part picked up within 14 days. If the part is not picked up within 14 days, the Buyer shall no longer be responsible for that merchandise. If a disagreement occurs, a printed copy of communication will take precedence over oral agreements.


Returning Merchandise If merchandise is to be returned by the Buyer, and the Seller agrees by way of a Roll Call Written Communication, then the merchandise must be returned within 14 days from the date the agreement was made. If the merchandise is not returned within 14 days, the Buyer must pay the total amount on the Seller’s billing invoice and stock the merchandise.

If the part is to be returned, and it is determined that the Seller is responsible for returning the part, this agreement should be set forth in one or more Roll Call Written Communications. If a disagreement occurs, Roll Call Written Communications will take precedence over oral agreements. The Seller will make all arrangements to have the merchandise picked up. If the merchandise is not picked up within 14 days, the Seller releases the Buyer from all responsibility.

Invoices or Statements for Merchandise Invoices or statements for merchandise must be forwarded to the Buyer via US Postal Service, email or fax. The packing list does not constitute an invoice.

Shipping Merchandise

• Ship all transmissions, rear ends, power steering assemblies, pumps, etc. only after draining all fluid. If other freight is damaged as a result of your negligence, the freight carrier can hold you responsible.

• Always specify accurate weight and proper class on bills of lading. • All merchandise shipped should be completely enclosed or banded if on a pallet. • Engines, transmissions, and major sections of the vehicle should be crated. • All merchandise weighing 200 pounds or more should be crated. • Keep in mind that when items are being shipped from small towns through several

states, it may take longer than the normal shipping time frame. Confirm the anticipated delivery date with the Buyer.


Billing and Payment Policies between Buyer and Seller Billing for each transaction should be prepared and mailed on the day of shipment. When the month ends, please send all statements as soon as possible.

Unless stated otherwise in one or more Roll Call Written Communications, all invoices between Roll Call Participants are due and payable on or before the tenth of the month following the date of purchase. If any invoice is not paid within such period then the invoice shall be considered past due unless stated otherwise agreed upon by Buyer and Seller in one or more Roll Call Written Communications. Past due members can be turned into Roll Call for up to 6 months after an item is past due.

Enforcement and Restrictions of Guidelines Although Roll Call Participants, the Roll Call Administrator, and the Arbitration Board make the best possible effort to follow the guidelines, rules, and procedures set forth herein, Car-Part retains the right to enforce or change these guidelines, rules, and procedures as it sees fit in order to come to the best decision. This includes suspending or terminating a non-compliant Roll Call Participant’s Car-Part Messaging service and/or Satellite Orion service, and/or removing the Roll Call Participant’s Roll Call Gold Star status. It is possible that the arbitrators may decide both parties are equally liable.


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