Brokerage Service Terms | Silvara Automotive

When these terms apply

These Brokerage Service Terms apply when you ask Silvara Automotive Group Inc. ("Silvara") to source a vehicle, place a vehicle with a buyer, or appraise a vehicle. They apply together with any written deal confirmation we send you, such as an email or a signed document setting out the vehicle, the parties, the fee and who pays it.

If a written deal confirmation conflicts with these terms, the deal confirmation applies for that transaction. These terms apply ahead of anything general on our website.

Our role

Silvara is a broker. We arrange sales between a selling party and a buying dealer.
We never take title to any vehicle, we hold no inventory, and we do not buy, own, hold or resell vehicles or bid as a principal.
We are not a party to the sale. The sale is between the selling party and the buying dealer, on the terms of their bill of sale.
We arrange and document the transaction, confirm payment before the vehicle moves, and book transport.
We have no authority to bind you. We cannot accept an offer, sign a bill of sale or commit you to anything on your behalf. Only the buying and selling parties can agree to a sale.
We work with both buyers and sellers. We may be introducing your vehicle to a buyer who is also our client, or your request to a seller who is. Who pays our fee is always set out in writing before work begins, so you know whose engagement it is.

Our fee

We charge a flat fee per deal. The amount, and which party pays it, are agreed in writing before any work on the deal begins.
The fee is invoiced separately from the vehicle. It is not part of the vehicle price, so a buyer's offer is not what the seller nets.
There is no retainer and no search fee. Nothing is owed if we do not place or find the vehicle.
Applicable taxes are added to the fee as required by law.
Amounts are in Canadian dollars unless the deal confirmation says otherwise. Where a buyer pays in another currency, the conversion cost is shown on the sheet.
Our deal confirmations and invoices state our full corporate name, Silvara Automotive Group Inc..

Appraisals and valuations

An appraisal is our professional opinion based on the information available when we give it, including independent valuations and dated comparable sales. It is not a guarantee of any price or outcome, and it relies on the accuracy of the vehicle information you provide.

Vehicle information we pass on

Information about a vehicle comes from its seller and from third-party sources such as history and valuation reports. We pass it on as we receive it and tell you where it came from. We do not independently verify or guarantee it, which is why every offer remains conditional until inspection.

Offers and inspection

Every offer is the buying dealer's offer, not Silvara's.
Offers are conditional until inspection is complete. If inspection finds damage, history or other issues that were not disclosed, the offer can change. We will tell you what was found and what it means for the number.
You may decline an offer, including a revised offer after inspection, before you sign a bill of sale.
Each sheet we send shows the offer, each cost carried against it, and the provisional proceeds, on the same basis for every option. Proceeds remain provisional until inspection is complete and every cost is confirmed.

If you are selling

You confirm that you own the vehicle or are authorised to sell it, and that you will deliver title to the buyer as the bill of sale requires.
You agree to disclose accurately and completely what you know about the vehicle, including its condition, history, damage, liens and odometer reading.
You agree to make the vehicle available for inspection and collection as arranged.
Any lien or security interest on the vehicle must be disclosed to us and discharged as the bill of sale requires.

If you are buying

You agree to give us accurate buying criteria and to keep them current.
You are responsible for your own inspection decisions and for paying the selling party as the bill of sale requires.
We recommend a lien search before payment. In Manitoba this is a serial number search of the Personal Property Registry; other provinces have equivalent registries.
For vehicles going to a buyer in the United States, the buying dealer files its own import paperwork. We do not file it.

Payment, title and transport

Payment for the vehicle is made by bank draft or wire, as set out in the bill of sale, and is confirmed before the vehicle moves.
Title passes directly from the selling party to the buying dealer, and risk in the vehicle passes as the bill of sale says.
When we book transport, the carrier's own terms, insurance and liability limits apply to the move.
Payment instructions: we will never change payment instructions by email alone. If you receive changed instructions, call us on (204) 588-4057 before sending money.

Cross-border transactions

Tariffs, duties and cross-border rules change and differ by vehicle. We check the position on your specific unit before you commit and describe the transaction accurately, but we do not give legal, tax, customs or regulatory advice. Confirm your own position with your advisers.

Export and import reporting. Goods exported from Canada are subject to mandatory reporting under the Customs Act, and the United States has its own export and import requirements. The deal confirmation records which party is responsible for each export and import filing. Silvara does not make these filings unless the deal confirmation says so.
Taxes on the vehicle. Each party is responsible for the taxes that apply to its side of the vehicle sale.

Confidentiality

During matching we do not disclose one client's criteria, pricing or identity to another, and we ask that you keep confidential the commercial information we share with you about a deal. The parties to a completed sale necessarily appear on the bill of sale and transfer documents.

The Matcher

We use The Matcher, our internal software, to shortlist buyers whose criteria fit a vehicle. It does not make offers or decisions on its own. A person at Silvara reviews every match and is responsible for any number we give you.

Responsibility and liability

Because we are not a party to the sale, the buying and selling parties are each responsible for their own obligations under the bill of sale. We are not responsible for a party's failure to pay, deliver, disclose or perform.
We are not responsible for loss or damage caused by carriers, inspectors or other third parties, whose own terms apply.
To the fullest extent permitted by law, we are not liable for indirect, incidental or consequential losses, and our total liability for any transaction is limited to the fee paid to us for that transaction.
You agree to indemnify Silvara against claims, losses and costs, including reasonable legal fees, that arise from information you gave us being inaccurate or incomplete, or from your breach of the bill of sale or these terms.
Nothing in these terms limits liability that cannot be limited by law, or any right a private seller has as a consumer under consumer protection legislation, which cannot be waived.

Events outside our control

We are not responsible for delay or failure caused by events outside our reasonable control, including carrier delays, weather, border closures or delays, changes to tariffs, duties or trade rules, and system outages. We will tell you promptly and work with the parties on next steps.

Agreeing electronically

Offers, acceptances, deal confirmations and other communications may be made by email, text or messaging app, and electronic signatures may be used where the law allows. Keep copies of what you agree.

Withdrawing

Either of us may stop work on a deal before the bill of sale is signed, by telling the other. If a fee becomes payable on completion under the deal confirmation, it is payable only if the sale completes.

General

Whole agreement. These terms and the deal confirmation are the whole agreement between you and Silvara about a transaction. Changes must be in writing, which includes email.
Assignment. Neither of us may transfer these terms to someone else without the other's written consent, except as part of a sale or reorganisation of Silvara's business.
Survival. Confidentiality, payment of fees earned, indemnity and limits of liability continue after a transaction ends.
Severability. If any part of these terms is unenforceable, the rest remains in effect.

Governing law

These terms and any deal confirmation are governed by the laws of the Province of Manitoba and the federal laws of Canada that apply there, and the courts of Manitoba have exclusive jurisdiction.

Contact

Silvara Automotive Group Inc.
Email: miguel@silvaraautomotive.com
Phone: (204) 588-4057