You agree that upon selecting the “YES” button to acknowledge acceptance of these terms, “You” or “Customer,” and ACV Capital LLC (“ACV Capital”), together with its affiliates, including ACV Auctions Inc. (collectively, “ACV”), are entering into a binding legal contract.
As a customer of ACV Auctions Inc. (“ACV Auctions”), You continue to be bound by and hereby confirm Your agreement to ACV Auctions’ Terms of Service, available at https://www.acvauctions.com/legal (the “Platform TOS”). Capitalized terms that are not defined herein shall have the meanings ascribed to them in either the Platform TOS or Your Loan and Security Agreement with ACV Capital (the “Loan Agreement”), as the context below shall determine.
These terms (“Terms”) supplement the Platform TOS and Your Loan Agreement by providing the additional terms and conditions applicable to Your participation in ACV Capital’s 60 Day Offer (the “60 Day Offer”). Specifically, by selecting the 60 Day Offer for the vehicle identified at checkout at the time of acceptance of these Terms (the “Purchased Vehicle”) and notwithstanding anything to the contrary in Your Loan Agreement, You will not be charged interest on the Floorplan Advance for the Purchased Vehicle for up to sixty (60) days following the date of checkout, which shall be considered day 1. By selecting the 60 Day Offer, You agree to pay the fee associated with the provision of such service (“60 Day Offer Fee”) which will be presented to you at checkout; the 60 Day Offer Fee will be included in the Fees due for the Purchased Vehicle. The 60 Day Offer is only available for Purchased Vehicles if the purchase price (exclusive of Fees) for such vehicle is less than $40,000.00. If You do not wish to participate in the 60 Day Offer, You can instead check out using other available means.
If you do not pay the Floorplan Advance for the Purchased Vehicle by expiration of the sixty (60) day period associated with the 60 Day Offer, then interest will begin accruing and will be charged in accordance with the terms of Your Loan Agreement.
In the event a Customer payment subsequently is returned for insufficient funds, ACV Capital may charge NSF/reprocessing fee(s) to Customer’s account, in addition to any charge or fee imposed by Customer’s and/or ACV Capital’s depository institution.
You hereby authorize ACV Capital to use any power of attorney previously granted by Customer to ACV Capital or one of its affiliates to implement and enforce these Terms.
The individual accepting these Terms warrants to ACV Capital that he/she has been given and has received and accepted authority to agree to these Terms on behalf of Customer, and further has authority to bind Customer to these Terms.
Except as expressly supplemented by these Terms, the Loan Agreement and Platform TOS shall continue to apply in all respects.
