Effective Date: June 18, 2025
These terms apply to all customers (“you” or “customer”) participating in the Guaranteed Sale Program being offered by ACV Auctions Inc. (“ACV”).
ACV may from time to time identify one or more customer vehicles (the “Vehicle(s)”) as eligible for a Guaranteed Price, as described herein. The Guaranteed Price represents the minimum amount you will receive in connection with the sale of the Vehicle(s) through ACV’s online marketplace (the “Marketplace”) during the applicable Guaranteed Sale Program true-up period, before deducting the ACV sell fee for each Vehicle and any other fees ACV may charge for participation in the Guaranteed Sale Program (collectively, “Fees”). The Guaranteed Price is an aggregate number based on the sale of all designated Vehicle(s) during the applicable true-up period. The current true-up period is described in more detail here: www.acvauctions.com/guaranteed-sale-program-true-up-description
Upon the sale of a Vehicle, you will receive the purchase price for the Vehicle, net of Fees, which amount shall be payable in accordance with ACV’s Terms of Service (as defined below). At the end of the applicable true-up period, ACV will calculate the total purchase price of the Vehicles (the “Total Purchase Price”) sold through the Marketplace during such period. If the Guaranteed Price exceeds the Total Purchase Price, ACV will pay you the difference. If the Total Purchase Price equals or exceeds the Guaranteed Price, no additional amounts will be due to you.
As a customer of ACV, you currently have an online account through the Marketplace (the “Seller Account”) and you are subject to, and have agreed to be bound by, ACV’s Terms of Service, Privacy Policy, Title Policy, ACV Transportation LLC Broker/Shipper Terms of Service, and Vehicle Condition Arbitration Policy (collectively, the “Terms of Service”).
Ownership in the vehicle will not pass to the buyer thereof until complete payment and Negotiable Title (as defined in ACV’s Title Policy) has been received by ACV. ACV does not take title to or ownership of any vehicles listed for sale via the Guaranteed Sale Program.
In addition to the Seller Account, you hereby authorize ACV: (a) to create one or more additional Marketplace accounts in your name (each, a “Secondary Account”), which account(s) will contain the same basic registration information as included in the Seller Account, and (b) to use the Secondary Account(s) for the sole purpose of effectuating sales of Vehicles through the Marketplace on your behalf as contemplated under these Guaranteed Sale Program terms.
Once a vehicle is launched, the auction cannot be cancelled by customer. ACV reserves the exclusive right to determine and modify in the future all parts of the Guaranteed Sale Program, including but not limited to: program availability, participation eligibility, vehicle eligibility, amounts of guarantee offers, program structure, participation fees, and vehicle sale process. For the removal of doubt, ACV may cancel a sale at any time in its sole discretion.
You may access Guaranteed Sale Program Guaranteed Prices, launch options, transaction history, and performance insights within your “My ACV” Marketplace page under the “My Inventory” section.
These Guaranteed Sale Program terms, together with the Terms of Service, constitute the entire agreement between you and ACV and supersedes any prior understandings, agreements, or representations , written or oral, to the extent they relate in any way to the subject matter hereof, including the Uniform Commercial Code. To the extent these Guaranteed Sale Program terms and the Terms of Service are in conflict, these Guaranteed Sale Program terms shall prevail.
