Terms and Conditions-Nov 2022
TERMS AND CONDITIONS
Updated: NOVEMBER 22, 2022
Nissan Motor Acceptance Company, LLC & Infiniti Financial Services
> Supplemental Terms for Nissan and Infiniti Franchise Dealerships
This Agreement describes the terms and conditions applicable to use of our services on the Nissan Motor Acceptance Company, LLC & Infiniti Financial Services("NMAC/IFS") RPM website ("RPM" or the "RPM Site"). The RPM Site is provided to you by NMAC/IFS through its third-party service provider, Manheim Remarketing, Inc (“Manheim”) f/k/a RMS Automotive, LLC. References in this Agreement to "Dealership", "you" or "your" refers to you as a user of RPM and your Dealership, and references to "Customer" refers to a lessee of a vehicle that is being returned, purchased or otherwise processed through the services offered via RPM.
NMAC/IFS may amend this Agreement at any time by posting the amended terms on the RPM Site. It is your responsibility to regularly check the RPM Site for any amendments to this Agreement. By continuing to use or access RPM following the posting of amendments to this Agreement to the RPM Site, you expressly agree to be bound by this Agreement as so amended.
2. Dealer Account. Nissan and Infiniti Franchise Dealership accounts will be established by NMAC/IFS, and NMAC/IFS will provide access to the RPM Site via the NNAnet.com dealer portal. Non-Nissan and Infiniti Franchise Dealer accounts will be established via a registration process. Once registered on the RPM Site, you will be issued a unique username and password which you will use to access the RPM Site.
Manheim participates in the AuctionACCESS® registration system, and the AuctionACCESS number and other registration information assigned to your Dealership during the AuctionACCESS registration process may be linked to the Dealership's account and used for purchases made by the Dealership and its users on the RPM Site. You are responsible for protecting your username and password and your Dealership is fully responsible for all purchases and other activities that are made or initiated using your account or your username and password (including, without limitation, any purchases or other activities made or initiated by any person that is designated as an "Authorized Representative" or "Authorized User" of the Dealership in the AuctionACCESS system). The Dealership unconditionally guarantees all purchases and other transactions initiated using any Dealership account on the RPM Site.
3. Proxy Bidding The RPM Site may allow you to place automatic proxy bids, which allows you to specify in advance your "Max Bid" for a particular Vehicle. If you place a proxy bid on the RPM Site, the system will automatically bid on the applicable Vehicle for you in the bidding increments indicated on the listing, up to your specified" Max Bid". Proxy bids are confidential and will not be known to other bidders or to NMAC/IFS. Sometimes there may be multiple bids for a Vehicle in the same amount. In these cases, priority is given to the highest bid that is placed first, either by regular bid or by proxy bid.
4. Vehicle Condition and History Reports. Vehicles listed on the RPM Site may have been assigned an AutoGrade Condition Score based on the overall condition of the Vehicle. AutoGrade Condition Scores are issued and provided by a third party. NMAC/IFS and Manheim make no representation, warranty or guaranty of any kind or nature regarding the accuracy or completeness of any Autograde Condition Score. Once you have purchased a vehicle, it is your responsibility to inspect the vehicle and ensure that any missing equipment, undisclosed damage or other issues are acknowledged, and that any necessary arbitration is commenced within the permitted time period.
5. Relist Fees: NMAC/IFS, at its sole discretion, may allow the purchase of a vehicle that is no longer available for sale in RPM. In doing so, NMAC/IFS may assess an administrative fee of $250.00per Vehicle to administer said sale. Dealer agrees to pay for additional fees as required by NMAC/IFS (e.g., auction fees on transported vehicles).
6. Purchase Disputes. Any issues or disputes involving a Vehicle purchased on the RPM Site will be resolved exclusively through the arbitration process established and administered by NMAC/IFS (with the assistance and support of Manheim). The NAAA Arbitration Policy is used by NMAC/IFS as a general guideline for vehicle arbitrations, but NMAC/IFS reserves the right to establish its own arbitration process and policies and to make all arbitration decisions, which shall be final.
7. Payments. Payment for each Vehicle is due on the date of sale in good funds and must include all applicable fees and other charges displayed on the Vehicle listing page or on the purchase confirmation from us, as applicable. Payments must be made to Manheim or its designated payment facilitator either directly by the registered buyer or through a pre-established direct floor planner acting on such buyer's behalf. Payment methods available to Nissan and Infiniti Franchise Dealerships may be subject to additional NMAC/IFS rules. Although we reserve the right to make exceptions on a case-by-case basis, we generally will not accept other third-party payments. Additionally, if payment is not received in accordance with the Late Payment Policy found in the Manheim Marketplace Policies, then Manheim may, in its sole discretion, assess a Late Fee. Our right to charge a late fee is in addition to, and not in limitation of, any other rights we or our affiliates may have. Payments must be made by ACH, by wire transfer, or by using an approved floor plan line of credit with sufficient availability to cover the full payment amount. You agree that, if any electronic debit or check/draft we (or our designated payment facilitator) present on your bank account is returned unpaid, we may debit your account for a returned item fee in the maximum amount permitted under applicable state law and any payments association rules that govern the transaction. Any returned item fee we impose is in addition to any late fee you incur and any returned item fee your Dealership's bank may impose. We reserve the right to suspend your account or buying privileges on the RPM Site in the event of any returned or rejected payment or electronic debit request, or otherwise in our discretion. We reserve the right to change the forms and types of payments we accept in our sole discretion. Buyers making payment via a floor plan line of credit that requires manual processing may also be charged an administrative fee of up to $50 per Vehicle as compensation to Manheim for costs it incurs in processing such payments.
12.Vehicle Transportation; Risk of Loss. The buyer is responsible for the transportation of any Vehicle purchased on the RPM Site. Vehicles must be picked-up by the Dealership or its designated transport agent or other representative by no later than the fifth (5th) day following the purchasing dealer's receipt date of the vehicle release (the "Vehicle Pick-Up Deadline"). If a Vehicle is not picked up by such date, Manheim reserves the right to (a) cancel the transaction; (b) arrange for the transport and delivery of the Vehicle using a carrier of Manheim's choosing (at the Dealership's expense); (c) suspend the Dealership's account or buying privileges on the RPM Site; and/or (d) assess the Dealership a daily storage fee for the Vehicle, not to exceed $20.00 per day. Responsibility and risk of loss for a Vehicle will pass to the buyer at the earlier of (i) such time as the buyer or its transport agent or other representative takes possession or control of the Vehicle, or (ii) the Vehicle Pick-Up Deadline. The buyer and its transport agent are responsible and liable for any damages and other liabilities that may arise during or in connection with the transport or delivery of a Vehicle, regardless of whether Manheim may have provided assistance or support in arranging for the transport or delivery of the Vehicle.
16.Notice of Privacy. Access by Dealership or any of its Users to any consumer information on the RPM Site is subject to (a) Dealership's existing privacy and information safeguards agreements with NMAC/IFS, (b) NMAC/IFS dealer bulletins relating to privacy and information safeguards, and (c) the RPM Privacy Statement.
Supplemental Terms for Nissan and Infiniti Franchise Dealerships
18.Grounding Dealership Purchase Rights. NMAC/IFS will grant a first right of refusal to the grounding Dealership for vehicle purchases. Dealership may elect to purchase an eligible* grounded lease Vehicle within the time period allowed in RPM. Grounding dealers have 48 hours from the time of grounding to exercise their exclusive option to purchase a vehicle. Vehicles not purchased in this time period may become available for purchase by other dealerships.
a. The grounding Dealership may not retail a lease Vehicle without first completing the grounding and purchase process in RPM or by otherwise obtaining consent from NMAC/IFS.
b. Failure by the Dealership to comply with the RPM purchasing guidelines may result in penalties.
c. Other early termination exclusions may make the vehicle ineligible for purchase (i.e. CA Early Term)
*Due to legal restrictions, voluntarily-surrendered vehicles or vehicles grounded by Customers that filed for bankruptcy may not be eligible for purchase by the Dealership in RPM. To administer a purchase for said vehicles, contact RPM Dealer Services at866-RPM-0333 (866-776-0333).
19.Grounding Dealership Purchases for Sale to the Original Lessee. Lessee purchases must occur during the grounding dealer exclusivity period outlined above at the payoff amount. Dealership purchases made on behalf of the original lessee after the grounding dealer exclusivity period (at contract residual or at the adjusted market based price) and then sold to the original lessee will result in the Customer receiving an end of lease liability statement.
20.Effective Time of Title Release for Grounding Dealer Purchase: NMAC, Infiniti Financial Services, or Nissan-Infiniti LT agrees to release title of a vehicle purchased by Dealership within 7 to 10 business days provided (a) Purchase payment is received by NMAC/IFS; and (b)NMAC/IFS has confirmed receipt of a Federal Odometer Statement electronically signed by Customer. Failure to obtain an electronic signature from the Lessee on the RPM Federal Odometer Statement will delay the release of title for all grounding dealer purchases.
21.Double Purchase: A "Double Purchase" occurs when the grounding dealership fails to Purchase a vehicle in RPM and claims ownership of and/or retailed said vehicle; meanwhile the vehicle was purchased online by a non-grounding dealership. In the event of such occurrence, the following penalties may apply:
a. Any grounding dealer who retails a vehicle that was not purchased in compliance with RPM procedures and refuses to release the vehicle to the rightful purchaser shall be subject to a non-negotiable penalty of $1,000.00per occurrence.
b. Upon demand from NMAC/IFS, the Dealership will submit the penalty payment via check to be received by NMAC/IFS within 5 business days.
c. NMAC/IFS may exercise its right of offset (See Retailer Agreement Section 6, "NMAC/IFSRIGHTS AND REMEDIES FOR RETAILER BREACH and Section 7,"NMAC/IFS RIGHT OF OFFSET") to recover this penalty if payment is not received by NMAC/IFS within 5 business days of demand