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Effective Date: November 5, 2026
As of the Effective Date above, ACV Auctions Inc.’s guaranteed sale program which includes a true-up payment (the “True-Up Standard Guaranteed Sale Program”) is being replaced with the terms below (“the “Price Lock Guarantee Sale Terms”). Those customers interested in continuing to participate in the True Up Standard Guaranteed Sale Program still have the option to do so by notifying their ACV representative. If a customer is enrolled in the True Up Standard Guaranteed Sale Program Terms, the terms available here: https://www.acvauctions.com/legal/guaranteed-sale-terms will apply to those transactions.
These Price Lock Guarantee Sale Terms apply to you (“You”), the customer participating in the Price Lock Guarantee Sale program being offered by ACV Auctions Inc. (“ACV”) as of the Effective Date above (the “Price Lock Guarantee Sale Program”).
Through the Price Lock Guarantee Sale Program, certain of Your vehicles may be determined by ACV to be eligible for a Price Lock Guarantee Price, as described herein (any such eligible vehicles, “Vehicle(s)”). The “Price Lock Guarantee Price” represents the amount You will receive in connection with the sale of the Vehicle(s) through ACV’s online marketplace (the “Marketplace”), before deduction of fees due to ACV in connection with such sale.
While ACV has performed an appraisal of the value of the Vehicle(s), You acknowledge and agree the amount paid for the Vehicle by the buyer of the Vehicle may be higher or lower than the Price Lock Guarantee Price for that Vehicle. Regardless of the amount paid by a buyer for a Vehicle, You shall be entitled to and receive no more or no less than the Price Lock Guarantee Price for that Vehicle, before deduction of fees due to ACV in connection with such sale.
ACV may from time to time identify one or more ACV-inspected Vehicles within Your vehicle inventory to be eligible for participation in the Price Lock Guarantee Sale Program, in which case, in which case, ACV will display the Standard Guarantee Price for the Vehicle in Your MyACV, ACV Max, ClearCar and/or Viper account, as the case may be, depending on the ACV services You are receiving. ACV will provide you a Price Lock Guarantee Price for the Vehicle. Additionally, You have the option to request a Price Lock Guarantee Price for other vehicles that have not been inspected by ACV that You currently have in Your inventory, or which You wish to acquire from consumer customers (“Consumer Vehicle(s)”). In order to determine Guaranteed Program eligibility for such other vehicles, You must complete and submit an ACV-provided vehicle disclosure form (“Disclosure Form”). Once the Disclosure Form is submitted and, subject to ACV’s vehicle eligibility requirements, You may be presented a value for the vehicle (the “Initial Guarantee”). If You choose to accept the Initial Guarantee, ACV will schedule an inspection of the vehicle and produce an inspection report. After the inspection, ACV either will confirm the Initial Guarantee or present to You a revised value (the “Revised Guarantee”). If You accept the confirmed Initial Guarantee or adjusted Revised Guarantee, as the case may be, for the applicable vehicle, that vehicle will be considered a “Vehicle” as that term is used herein and shall be subject to these Price Lock Guarantee Sale Program terms; provided, however, Consumer Vehicles will not be considered “Vehicles” unless and until You have acquired ownership of the vehicle in accordance with ACV’s Terms of Service, as defined below.
Upon the sale of a Vehicle, You will receive an amount equal to the Price Lock Guarantee Price, net of fees owed to ACV in connection with the sale. Payment is made in accordance with ACV’s Terms of Service.
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 Price Lock Guarantee 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 Price Lock Guarantee Sale Program terms.
Once a Vehicle has been launched for sale through the Marketplace, You may withdraw the sale of that Vehicle at any time before the sale has been deemed final and binding in accordance with the Terms of Service. If You so withdraw the sale of the Vehicle, that Vehicle will be removed from the Price Lock Guarantee Sale Program and any fees and other terms relating to such cancellation, as set forth in the Terms of Service, will apply. ACV reserves the exclusive right to determine and modify in the future all parts of the Price Lock Guarantee Sale Program, including but not limited to: program availability, participation eligibility, vehicle eligibility, time frames during which guarantees are valid, 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 Price Lock Guarantee Sale Program launch options, transaction history, and performance insights within Your “My ACV” Marketplace page.
These Price Lock Guarantee Sale Program terms, together with the Terms of Service, constitute the entire agreement between You and ACV and supersede 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 Price Lock Guarantee Sale Program terms and the Terms of Service are in conflict, these Price Lock Guarantee Sale Program terms shall prevail.
