PUBLIC OFFER AGREEMENT
Preamble
This Agreement is a formal public offer (the “Offer”) by MastersAutoSale LLC (Wyoming, USA), hereinafter the "Company", to conclude a contract on the terms set out below. In Georgia the Company operates through its representative office, MastersAutoSale LLC (Georgia). Payment of the security deposit, the fixed fee, or submitting an application through the website MastersAutoSale.com constitutes unconditional acceptance (acceptance) of the terms of this Offer.
1. Definitions
1.1. "Website" — the web resource MastersAutoSale.com.
1.2. "Client" — an individual or legal entity that accepts the terms of the Offer and orders the Company's services.
1.3. "Auction" — a third party (for example, Copart, IAAI, etc.) where vehicles are offered for sale.
1.4. "Lot" — a vehicle listed for sale at the auction.
1.5. "Security Deposit" — an amount equal to 10% of the estimated value of the Lot, paid by the Client to the Company to secure the Client’s obligations to pay for a won Lot and the auction fees.
1.6. "Auction Fees" — mandatory payments to the auction house (as well as possible penalties/charges in case ofcancellations).
1.7. "Company Fixed Fee" — the Company's fee for arranging auction participation, transaction support and delivery — USD 800 (eight hundred US dollars).
1.8. "Company Services" — organizing the Client’s participation in the auction, transferring the deposit to the auction, preparing documents, consulting, arranging payment for the Lot and auction fees, logistics and delivery, assistance with customs clearance, and, by separate agreement, repair and restoration services for the vehicle.
2. Subject of the Agreement
2.1. The Company provides the Client with the Services listed in clause 1.8 to organize participation in auctions, support the sale and purchase transaction for the Lot, arrange delivery and, if separately agreed, repair/restoration of the vehicle.
2.2. The Company acts as an intermediary/agent and not as the seller of the Lot. The seller of the Lot is the relevant auction house or owner.
2.3. All Lots are sold on an "AS IS, WHERE IS" basis, without any guarantees.
3. Procedure for Interaction
3.1. The Client submits a request/application to the Company via the Website or other communication channels. After agreeing on the expected price of the vehicle and the terms of participation, the parties conclude the contract (this Offer).
3.2. To be allowed to participate in the auction, the Client pays the Security Deposit (see Section 4) and the Company Fixed Fee (see clause 5.1).
3.3. The Company places bids on behalf of the Client within the agreed limits/instructions.
3.4. The Company notifies the Client about the auction results via email and messenger.
4. Security Deposit
4.1. The Security Deposit equals 10% of the Client's estimated Lot price.
4.2. The Deposit secures the Client’s obligations to pay for a won Lot and auction fees.
4.3. If the Lot is paid for on time, the Deposit is refundable to the Client (or it may be credited toward future payments).
4.4. If the Client fails to perform their obligations (fails to pay for a won Lot within the deadline set out in clause 6.1), the Deposit is retained by the Company and may be used to cover losses and penalties charged by the auction.
4.5. If the Client cancels cooperation before bids have been placed, the Deposit is returned minus actual banking fees.
4.6. If bids have already been placed or expenses incurred at the time of cancellation, the Deposit is returned minus auction charges and the Company’s expenses.
5. Company Fee and Other Payments
5.1. Upon entering into this Agreement, the Client pays the Company Fixed Fee — USD 800 (eight hundred US dollars). This fee is non-refundable.
5.2. Auction fees, the Lot price, delivery, insurance, storage, customs clearance, repair/restoration and other expenses are paid by the Client separately.
6. Payment for a Won Lot
6.1. After the Client is notified of winning a Lot (by email and messenger), the Client must pay the full Lot price and auction fees in full within two (2) business days.
6.2. Late payment will result in retention of the Deposit under clause 4.4 and the Client's responsibility for auction penalties
6.3. Payments must be made to the Company’s specified account details; all bank fees are paid by the Client.
7. Vehicle Condition and Risks
7.1. Lots are sold "AS IS, WHERE IS" without any guarantees regarding condition, mileage, completeness, legal title, or suitability for use.
7.2. Information about the vehicle is provided by the auction or third parties and is not verified by the Company; the Company does not guarantee its accuracy.
7.3. All risks related to delivery, storage, export/import, customs, and repairs are borne by the Client.
8. Delivery and Customs
8.1. Delivery times are approximate and depend on carriers and customs authorities.
8.2. Cargo insurance is arranged separately upon the Client's instruction.
8.3. Customs duties and fees are paid by the Client
9. Rights and Obligations of the Parties
9.1. The Company undertakes to organize the Client's participation in auctions and to inform the Client about the progress of the transaction.
9.2. The Client undertakes to provide accurate information and to timely pay the deposit, the fee, and for any won Lots.
10. Termination
10.1. The Agreement may be terminated by mutual agreement of the Parties.
10.2. The Client may withdraw before bids are placed — the Deposit is returned in accordance with clause 4.5, the Company Fixed Fee is not refundable.
10.3. If the Client withdraws after bids are placed, the Deposit is returned in accordance with clause 4.6.
10.4. In case of non-payment for a won Lot the Deposit is retained in accordance with clause 4.4
11. Force Majeure
11.1. The Parties are released from liability for non-performance in the event of force majeure circumstances (natural disasters, wars, acts of government authorities).
12. Governing Law and Jurisdiction
12.1. This Agreement is governed by the laws of the State of Wyoming (USA).
12.2. For transactions carried out in Georgia, Georgian law shall apply as appropriate.