Terms of service

Our goal at EBlock is to connect buyers and sellers through its online Auction Platform in a fair and ethical manner. EBlock is a Dealer-to-Dealer auction tool, which requires all users to hold a valid Dealer/Salesperson license in their respective province or state.

These Terms and Conditions govern your access to, and use of, the EBlock Auction Platform and its related products and services and apply to every transaction between buyer and seller facilitated by EBlock. By using or accessing the EBlock system, products or services, you, your business and your representative expressly agree to be legally bound by the Terms & Conditions set out in this document and as updated or amended from time to time. EBlock reserves the right to amend its Terms and Conditions at any time by posting the revised Terms and Conditions on the EBlock platform at www.eblock.ca.

GENERAL TERMS & DEFINITIONS


SELLER OBLIGATIONS



BUYER OBLIGATIONS



ARBITRATION POLICIES
EBlock disclosure requirements and Arbitration Policy are compliant with the Ontario Motor Vehicle Dealers Act (OMVDA) and the Canadian Seller Disclosure Standard of the National Auto Auction Association (NAAA).




VEHICLE DISCLOSURE REQUIREMENTS
Source – NAAA Canadian Seller Disclosure Standard – January 2017.


Declaration: ABS Defective

The seller must disclose if the anti-lock braking system is not operational (if equipped). Arbitration is only available for repairs over the applicable Arbitration Dollar Threshold (see Major Repair).

Regular Arbitration Period
Declaration: Accident Repair

The seller must declare a vehicle to be Accident Repaired if the total cost to fix damage caused by a single incident was $3,000 or more ($2,000 cumulative incidents in BC). The Accident Repair declaration must be made regardless of whether the damage was caused by collision, accident, weather or some other incident. If the dollar value of the repair is known, it must be declared. If the dollar value of the repair is not known but estimate data is available, the estimated damage must be disclosed. Although not required, if the Seller choses to declare and accident repair under $3,000 ($2,000 in BC), it may do so. Arbitration is not allowed for repairs under $3,000 ($2,000 cumulative in BC).

Regular Arbitration Period
Declaration: Adjacent Panels Replaced

Seller must declare if two or more adjacent panels (excluding bumper panels) have been replaced on a Vehicle. If the panels were replaced due to an accident or other incident, depending of the cost of repairs, it may also be necessary for the Seller to make an Accident Repair declaration.

Regular Arbitration Period
Declaration: Air Bags Missing/Defective

Seller must disclose if the vehicle’s airbags are missing or not operational. Arbitration is only available for repairs that exceed the Arbitration Dollar Threshold (see Major Repair).

Regular Arbitration Period
Declaration: Alternate Fuel or Conversion

Seller must disclose if the vehicle uses propane or natural gas, or at any time had a propane or natural gas fuel system.

Regular Arbitration Period
Declaration: Excessive Rust

Seller must disclose if the vehicle suffers from excessive rust. Rust is considered to be excessive when the location or quantity of rust affects the structural integrity of the vehicle, e.g. the frame or any structural component is perforated by rust.

Regular Arbitration Period
Declaration: Fire Damage

Seller must disclose if vehicle has been damaged by fire.

Extended Arbitration Period
Declaration: Flood Damage

Seller must declare a vehicle as Flood Damaged when water or other liquid has penetrated the vehicle to a level of the floor boards or higher, or if any of the following components have been damaged due to immersion:

  • Front or rear lighting or wiring harnesses
  • Engine or its major components
  • Transmission or differential
  • Dash instrument panel and wiring
  • Passenger seat cushions
  • Power seat or window motor
  • Major sound system components

Extended Arbitration Period
Declaration: Grey Market

Seller must declare if the vehicle was ever registered in a country other than the United States or Canada in the past 36 months or manufactured not in compliance with North American standards. All Grey Market vehicles offered for sale must include a CarProof Verified vehicle history report, or equivalent.

Regular Arbitration Period
Declaration: Incorrect Vehicle Marking

Seller must disclose if any logo, badge, decal, emblem, ornament or similar marking on the vehicle does not match the make, model or series of the vehicle.

Regular Arbitration Period
Declaration: Irreparable

Regardless of whether the vehicle title has been branded, the Seller must disclose if the Vehicle is not capable of being repaired for roadworthy operation and my only be used for parts or scrap. Irreparable Vehicles are assumed to also be Total Loss Vehicles and thus the Total Loss declaration does not need to be made.

Extended Arbitration Period
Declaration: Km _________

If the odometer reading is accurate, the Seller must disclose the distance the Vehicle has travelled as indicated on the odometer. Minor odometer discrepancies of 3,000 km or 5% (whichever is less) are not subject to arbitration.

Extended Arbitration Period
Declaration: Major Repair ________(details)

Where the cost of a repair exceeds the Arbitration Dollar Threshold, the Seller must disclose if a Major Component of the vehicle is defective or not operational or if there are any accessories that are not working (e.g. cruise control, lane departure warning etc.). Major components include:

  • Engine
  • Transmission
  • Power train
  • Sub-frame
  • Electric / Air ride suspension
  • Computer equipment
  • Fuel operating system
  • Electrical system
  • Emissions system
  • Anti-lock braking system
Where the cost of repair exceeds the Arbitration Dollar Threshold, the Seller must disclose body damage (including hail damage), interior damage, non-mechanical or non-electrical defects (excluding Wearable items and Normal Exterior Wear and Tear). General Reconditioning items and Normal Wear and Tear are not subject to Arbitration.
Arbitration Dollar Threshold:
  • Major Components & Accessories - $750 repair cost
  • Body/Interior damage & Defects - $500 repair cost
The Arbitration Dollar Threshold is calculated before taxes, on a non-cumulative basis and in accordance with standard Mitchell warranty rates.
Wearable Items and Normal Exterior Wear and Tear are not subject to arbitration.
Wearable Items are parts of the Vehicle that the manufacturer recognises the need for replacement or adjustment during the expected life of the vehicle. These items are normally identified in the Owner’s Manual for routine check and replacement and include, but are not limited to: wipers, brake pads, shoes, rotors, calipers, belts, hoses, lubricants, fluids, timing belts, bulbs, filters, manual clutch, shocks and struts.
Normal Exterior Wear and Tear means damage that would be considered normal wear and tear given the distance travelled and the age of the Vehicle and is easily seen, such as scratches that do not break the paint, minor nicks, cuts and/or scuffs.
Noise and Inherent Conditions. Arbitration cannot be based on noises or conditions that are inherent or typical to a particular model or manufacturer, unless deemed “excessive” by the arbitrator on non-warranty items. OEM dealer warranty guidelines will be used where applicable to determine whether the condition is excessive.

Regular Arbitration Period
Declaration: Manufacturer Repurchase _______ (details)

Seller must disclose if the motor Vehicle was repurchased by the manufacturer under the Canadian Motor Vehicle Arbitration Plan or under the laws of any jurisdiction including, but not limited to, U.S. lemon laws. If the reason for, date and/or jurisdiction of the repurchase are known, they must be disclosed.

Regular Arbitration Period
Declaration: Material Variation from Production Specifications

Seller must disclose if the vehicle varies materially from the original manufacturer’s specifications.

Regular Arbitration Period
Declaration: Odometer 5 Digit

Seller must disclose if the odometer is a 5-digit odometer with over 100,000 miles or kilometers.

Regular Arbitration Period
Declaration: Odometer Broken/Faulty

Seller must disclose if the odometer of the Vehicle is broken or faulty, i.e. not accurately tracking distance driven.

Regular Arbitration Period
Declaration: Odo in Miles

Seller must disclose if the odometer is in miles.

Regular Arbitration Period
Declaration: Odo Replaced

Seller must disclose if the odometer has been replaced.

Extended Arbitration Period
Declaration: Odo Roll Back

Seller must disclose if the odometer has been rolled back.

Extended Arbitration Period
Declaration: Odo Unreadable

Seller must declare the odometer to be unreadable if it is accurately tacking distance driven but cannot be read due to pixel damage, because the vehicle cannot be started to obtain an odometer reading, or similar reason.

Regular Arbitration Period
Declaration: Out of Province

If the province of the last registration (or equivalent) to a retail customer is different than the jurisdiction from which the Vehicle is currently being sold, the Vehicle must be declared an out of province Vehicle and the Seller must identify the last province in which the Vehicle was registered (or equivalent) to a retail customer.
For vehicles sold in Ontario only:
A vehicle remains an out of province vehicle and must be so declared, if it was previously registered (or equivalent) to a retail customer in another province and has been registered in Ontario for less than 7 consecutive years.
The Seller must declare all of the provinces in which the vehicle was previously registered.

Regular Arbitration Period
Declaration: Paint Work

Seller must disclose prior paint work on Vehicles current model year and newer (excluding bumpers).

Regular Arbitration Period
Declaration: Previous Daily Rental

Seller must disclose if the Vehicle was previously used as a daily rental Vehicle (unless subsequently owned by a non-dealer).

Regular Arbitration Period
Declaration: Previous Driving School

Seller must disclose if the Vehicle was previously used as a driving school vehicle.

Regular Arbitration Period
Declaration: Previous Emergency Services Vehicle

Seller must disclose if the Vehicle was previously used as an emergency services vehicle.

Regular Arbitration Period
Declaration: Previous Police Vehicle

Seller must disclose if the Vehicle was previously used as a Police Cruiser.

Regular Arbitration Period
Declaration: Previous Racing Vehicle

Seller must disclose if the Vehicle was previously used in organized racing.

Regular Arbitration Period
Declaration: Previous Taxi/Limo

Seller must disclose if the Vehicle was previously used as a taxi or limousine.

Regular Arbitration Period
Declaration: Stolen and Recovered

Seller must disclose if the vehicle was recovered after being reported stolen.

Extended Arbitration Period
Declaration: Structural Alteration

Seller must disclose if there has been any alteration to the Vehicle’s structure such as lengthened or shortened frame, modified suspension, snowplough, hitch or fifth wheel.

Regular Arbitration Period
Declaration: Structural Damage

Seller must declare a vehicle to have Structural Damage if there has been damage to the structure or a specific structural component of the Vehicle that meets the definition of structural damage as set out in Section VIII of the National Auto Auction Association’s Arbitration Policy regarding Structural Damage. (See the Standards section on the NAAA website found at www.naaa.com)

Extended Arbitration Period
Declaration: Title Branded _________ (brand)

Seller must disclose if the Vehicle’s title has been branded in accordance with provincial or state law and must indicate the brand(s) assigned.

Extended Arbitration Period
Declaration: True Kilometres Unknown (TKU)

Seller must declare a vehicle TKU if the distance travelled is unknown and there are no reliable records available to verity the odometer reading as of a certain date. When a Vehicle is declared TKU, the total distance that the vehicle had driven is likely substantially higher than the reading shown on the odometer.

Extended Arbitration Period
Declaration: TKU _________km as of________(date)

If the total distance travelled is unknown, but based on reliable records, the distance driven as of a certain date is known, the Seller must declare the last known distance and provide the date.

Extended Arbitration Period
Declaration: Total Loss

Seller must declare if an insurer determined the Vehicle was a total loss.

Extended Arbitration Period
Declaration: U.S. Vehicle

Seller must declare if the Vehicle was ever registered in the United States or manufactured not in compliance with Canadian standards. All U.S. Vehicles offered for sale must include a CarProof Verified vehicle history report or equivalent.

Regular Arbitration Period
Declaration: VIN Plate Issues

Seller must disclose if the original VIN plate (on the driver’s side of the dashboard) had been removed, altered or replaced. Vehicles may not be offered for sale unless the original VIN plate is intact or has been replaced in accordance with provincial and federal regulatory requirements.

Regular Arbitration Period
Declaration: Warranty Cancelled

Seller must disclose if the manufacturer has cancelled the warranty on the Vehicle or has given notice of its intention to do so. Notice of warranty cancellation given after the date of sale is not subject to Arbitration.

Regular Arbitration Period
Declaration: Year _________ Make ________ Model ________ Series ________

Seller must disclose the year, make, model and series (i.e. trim level) of the Vehicle as indicated by means of VIN decoding

Regular Arbitration Period



ARBITRATION PERIODS

Regular Arbitration Period Two (2) business days after delivery to the Buyer
Extended Arbitration Period Seven (7) calendar days after delivery to the Buyer

POLICY AMENDMENTS

Policy Amendment 1 – May 19, 2016
Policy Amendment 2 – September 27, 2016
Policy Amendment 3 – October 12th, 2016
Policy Amendment 4 – November 4, 2016
Policy Amendment 5 – March 16, 2017
Policy Amendment 6 – May 1, 2017
Policy Amendment 7 – June 23, 2017
Policy Amendment 8 – November 15, 2017