1. About these Terms
These Terms & Conditions ("Terms") are a binding agreement between you and Dessant Transport Inc, operating as "Dessant" ("Dessant", "we", "us", "our"), governing your access to and use of the services provided through dessantgateway.com (the "Site") and related communications, including the SMS messages described in Section 15. By submitting the sign-up form, making a Deposit, instructing a bid, or otherwise using the Services, you accept these Terms. If you do not agree, do not use the Services. If you use the Services on behalf of a company, you represent that you are authorized to bind that company, and "you" includes it.
2. Definitions
"Services" means facilitation of access to vehicle auctions (including Copart, IAAI, Manheim and, via representative, ACV and ADESA), placing bids on your instruction, sourcing and evaluation, and coordination of related logistics, title, and export documentation. "Client" / "you" means the individual or company that registers for or uses the Services. "Deposit" means the refundable amount held to set your bidding limit and secure your obligations (Section 6). "Lot" means a vehicle listed at auction. "Bid Instruction" means your written instruction identifying a Lot and your maximum bid. "Auction House" means the third-party auction platform where a Lot is offered.
3. The Services: what we are and what we are not
Dessant provides brokerage and facilitation services that allow Clients to bid on and purchase vehicles at US auctions without holding a dealer license or US address. Depending on the plan selected, Dessant may place bids on your instruction, source and evaluate vehicles, and coordinate transport, title, and export documentation. Dessant is not an Auction House, does not own or inspect the vehicles offered (except as expressly agreed in writing), is not a party to the sale between you and the Auction House, and acts solely as a facilitator. Auction House rules govern each purchase, and you agree to comply with them.
4. Eligibility, Verification & Compliance
4.1 Eligibility
You must be at least 18 years old and able to enter a binding contract. You agree to provide accurate, current, and complete information and to keep it up to date.
4.2 Verification (KYC)
We may require, at any time, government-issued identification, proof of address, company registration documents, beneficial-ownership information, and information about the source of funds and the intended destination and use of any vehicle. We may decline, suspend, or terminate Services if verification is not completed to our reasonable satisfaction.
4.3 Sanctions and export controls
You represent and warrant, on an ongoing basis, that: (a) you are not listed on, or owned or controlled by any party listed on, any US sanctions list (including the OFAC SDN List) or equivalent EU/UK list; (b) you are not located in, organized in, or acting on behalf of any person in a comprehensively embargoed jurisdiction; (c) you will not export, re-export, sell, or transfer any vehicle purchased through the Services, directly or indirectly, to any destination, entity, or individual prohibited by US law (including the Export Administration Regulations) or by applicable EU/UK law; and (d) the destination and end-use information you provide is truthful and complete. We screen transactions and may refuse, cancel, or unwind any transaction, and freeze or return any funds, where we believe in good faith that proceeding could violate applicable sanctions or export-control law. You are solely responsible for losses arising from your breach of this Section.
4.4 Right to refuse
We may decline to provide the Services to anyone, or to facilitate any particular purchase, where we reasonably believe there is a legal, compliance, fraud, or reputational risk.
5. Your Account
You are responsible for all activity conducted through your account or on your instruction, and for keeping your login and communication channels secure. Notify us promptly at dt@dessant.com of any unauthorized use.
6. Fees, Deposits & Payments
6.1 Fees
Membership fees, per-vehicle fees, and service levels are as published on the Site at the time of purchase. Current structure: One-Time Buyer: no membership; Self-Service Bid $350 per vehicle, or Full Service $1,000 or 4% of the purchase price, whichever is greater. Standard: $300 per year plus $150 per vehicle. Business: $600 per year plus $125 per vehicle. Platinum: $1,200 per year plus $100 per vehicle. All fees are in USD and exclusive of taxes; any bank, wire, currency-conversion, or intermediary fees are borne by you. Any amounts displayed on the Site in a currency other than USD are approximate estimates shown for convenience only, based on a current daily exchange rate. All pricing and billing is denominated in US dollars; in the event of any discrepancy between a local-currency estimate and a USD price, the USD price governs.
6.2 Deposit
A refundable Deposit equal to 15% of your intended budget is required before bidding begins. The Deposit sets your auction bidding limit, is held as security for your obligations, does not earn interest, and is not applied toward the vehicle purchase price. We may apply the Deposit against any amount you owe us (including under Sections 8 and 9).
6.3 Refunds and forfeiture
If you engage the team and no purchase is completed, whether because your bid is outbid or because you choose not to proceed, a flat retention of $250 applies for Self-Service Bid; for Full Service, the retention equals the greater of $250 or 10% of the Deposit. The remainder is returned to you. Deposit refunds are processed to the original payment method within 10 business days of the refund becoming due, net of any amounts owed. Membership fees, once a term has begun, are non-refundable except where required by law.
6.4 Payment processing
Payments are processed by third-party providers (for example, Stripe). We do not store full card details.
6.5 Payment disputes
You agree to contact us and use Section 18 (Dispute Resolution) before initiating any chargeback or payment reversal. Initiating a chargeback for amounts properly charged under these Terms is a material breach, and you will reimburse our reasonable costs of responding to it.
7. Bidding & Purchases
7.1 Binding bids
Bids placed at auction are binding once accepted by the Auction House under its rules. A winning bid creates your obligation to complete the purchase.
7.2 Bid Instructions
We execute the Bid Instruction you send in writing. You are solely responsible for the accuracy of the lot number, maximum bid, and any other parameters, and for reviewing lot details, photographs, and condition reports before instructing us. We are not liable for the consequences of errors, ambiguities, or omissions in your Bid Instruction. We may decline any Bid Instruction that exceeds your bidding limit.
7.3 No guarantee of winning
We do not guarantee that any bid will succeed or that any vehicle will remain available.
8. Payment Deadlines, Storage & Abandonment
8.1 Deadlines
Following a winning bid, you must remit the full purchase price and applicable auction fees within the deadline set by the Auction House (typically 1–3 business days) or such earlier deadline as we notify you.
8.2 Pass-through charges
Late-payment penalties, storage/demurrage, relist fees, and any other charges imposed by an Auction House, port, or carrier due to your delay or non-payment are your responsibility and may be deducted from your Deposit.
8.3 Non-payment; abandonment
If you fail to pay for a vehicle when due, or fail to accept delivery or provide export/collection instructions within 30 days of the vehicle becoming available, we may, after not less than 14 days' written notice: (a) treat the purchase as abandoned; (b) resell or dispose of the vehicle; and (c) apply the proceeds and your Deposit against the amounts you owe (including fees, storage, and costs of resale), returning any surplus and invoicing any shortfall, which remains payable by you.
9. Vehicle Condition, Titles & Documentation
9.1 As-is sales
Vehicles are sold by the Auction Houses "as is, where is." We make no representation or warranty as to the condition, history, mileage/odometer accuracy, prior damage, completeness, title status or brand, or fitness for any purpose of any vehicle. Auction-provided descriptions, images, and condition reports are third-party content that we do not verify.
9.2 Titles
Title documents vary (including salvage, rebuildable, certificate-of-destruction, and similar brands) and are issued by third parties. We do not warrant that any title can be transferred, registered, insured, or used to import the vehicle in any particular jurisdiction. Title-processing timelines depend on Auction Houses and state authorities and are estimates.
9.3 Destination compliance
You are solely responsible for confirming, before bidding, that the vehicle can lawfully be imported into and registered in your destination country, and for all customs duties, taxes, homologation, emissions/technical compliance, and import restrictions (including vehicle-age limits).
10. Logistics & Export
Where Dessant coordinates transport, title handling, or export, it does so as a facilitator. Timelines, costs, and availability depend on carriers, ports, Auction Houses, and destination requirements, and are estimates unless confirmed by us in writing. Risk of loss passes in accordance with the applicable carrier's terms; we recommend cargo insurance and can arrange quotes on request.
11. Prohibited Uses
You may not use the Services: to violate any law, including sanctions, export-control, anti-money-laundering, or customs law; to misrepresent a vehicle's destination or end user; to interfere with or circumvent any Auction House's rules or systems; or to submit false, fraudulent, or third-party information without authority.
12. Intellectual Property & Site Use
The Site and its content (text, design, graphics, logos) are owned by or licensed to Dessant. You may use the Site for its intended purpose only and may not scrape, copy, republish, or create derivative works from it without our written consent. Auction House marks belong to their owners; their appearance does not imply endorsement.
13. Disclaimers
The Services and Site are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Dessant disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, and any warranty arising from course of dealing. We do not warrant uninterrupted or error-free operation of the Site or of any Auction House platform.
14. Limitation of Liability
To the maximum extent permitted by law: (a) Dessant's total aggregate liability arising out of or relating to the Services shall not exceed the fees actually paid by you to Dessant for the specific transaction giving rise to the claim; (b) Dessant is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost savings, or loss of use; (c) Dessant is not liable for the acts or omissions of Auction Houses, carriers, ports, title agencies, payment processors, or other third parties; and (d) any claim must be commenced within one (1) year after the cause of action accrues, or it is permanently barred. Nothing in these Terms limits liability that cannot be limited by law, including for fraud or willful misconduct.
15. SMS / Text-Messaging Program
Business identification. Dessant Transport Inc is the business providing these SMS terms and the sender of the text messages described in this section. In this Section 15, "Dessant", "we", "us", and "our" mean Dessant Transport Inc.
By providing your phone number on our sign-up form and agreeing to these Terms, you consent to receive customer-care SMS text messages from Dessant Transport Inc at the number provided. Consent to receive text messages is not a condition of purchasing any goods or services.
15.1 Types of messages
We send customer-care messages only — for example, replies to your enquiries and messages about your account, identity verification, consultation scheduling, and the status of your bids, deposits, purchases, and deliveries. We do not send marketing or promotional text messages under this program.
15.2 Message frequency
Message frequency may vary; on average you can expect 1–2 messages per month. Dessant Transport Inc and mobile carriers are not liable for delayed or undelivered messages.
15.3 Message and data rates
Message and data rates may apply based on your mobile carrier's plan and terms.
15.4 Opt-out
You can cancel the SMS service at any time by replying STOP to any message. After you send STOP, we will send one final message to confirm you have been unsubscribed; after that you will no longer receive SMS messages from us. To rejoin, sign up again as you did initially.
15.5 Help
Reply HELP for assistance, or contact us at dt@dessant.com or +1 (413) 216-2131.
15.6 Privacy
Your information is handled in accordance with our Privacy Policy. We do not sell or share your mobile phone number or SMS opt-in/consent with third parties or affiliates for their marketing or promotional purposes.
16. Indemnification
You agree to indemnify, defend, and hold harmless Dessant and its officers, employees, and agents from and against all claims, losses, penalties, fines, and expenses (including reasonable attorneys' fees) arising from: your use of the Services; your bids, purchases, exports, or resales; your breach of these Terms; your violation of any law (including sanctions, export, customs, or tax law); or your infringement of any third party's rights.
17. Term, Suspension & Termination
You may stop using the Services at any time. We may suspend or terminate your account, or refuse any transaction, immediately upon notice if: you materially breach these Terms; we suspect fraud or a violation of Section 4.3 or 11; you fail to pay amounts due; or continuing would expose us to legal or regulatory risk. Sections that by their nature survive (including 6, 8, 9, 14, 16, 18, 19) survive termination. Termination does not release you from amounts owed.
18. Dispute Resolution; Arbitration; Class Waiver
18.1 Informal resolution first
Before filing any claim, you agree to send a written description of the dispute to dt@dessant.com and give us thirty (30) days to resolve it. Most concerns are resolved this way.
18.2 Binding arbitration
Except as provided in 18.4, any dispute arising out of or relating to these Terms or the Services shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in English, by a single arbitrator, seated in Springfield, Massachusetts, USA; hearings may be held by videoconference. Judgment on the award may be entered in any court of competent jurisdiction.
18.3 Class-action and jury waiver
All disputes shall be arbitrated on an individual basis only. NEITHER PARTY MAY PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL, to the extent permitted by law.
18.4 Exceptions
Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property or confidential information.
18.5 Opt-out
You may opt out of this arbitration agreement by emailing dt@dessant.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other section.
19. Governing Law
These Terms are governed by the laws of the Commonwealth of Massachusetts, USA, without regard to conflict-of-law principles. For matters not subject to arbitration, the parties submit to the exclusive jurisdiction of the state and federal courts located in Massachusetts. Nothing in these Terms deprives a consumer of mandatory protections of the law of their country of residence where those cannot be waived by contract.
20. Force Majeure
Dessant is not liable for any delay or failure caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, sanctions or governmental action, epidemics, strikes, port or customs disruption, carrier failures, utility or internet outages, and Auction House suspensions or rule changes. Obligations are suspended for the duration of the event.
21. Electronic Communications
You consent to receive communications from us electronically (email, SMS per Section 15, or Site notices), and agree that electronic communications and acceptances satisfy any legal requirement of writing or signature.
22. Translations & Controlling Language
The Site and these Terms may be made available in languages other than English (including Russian, Ukrainian, and Polish) for convenience only. In the event of any inconsistency, the English version of these Terms controls.
23. General
Entire agreement. These Terms, together with the Privacy Policy and any written service confirmations, are the entire agreement between you and Dessant regarding the Services. Severability. If any provision is held unenforceable, the remainder remains in effect, and the provision will be enforced to the maximum extent permissible. Assignment. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Waiver. Failure to enforce a provision is not a waiver. No third-party beneficiaries. These Terms create no rights in any third party. Notices. Notices to us: dt@dessant.com or 2405 Westfield Street, Suite 200, West Springfield, MA 01089. Notices to you: the email or phone number on your account.
24. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified via the Site or by email/SMS and reflected by the "Last updated" date. Changes apply prospectively; continued use of the Services after the effective date constitutes acceptance.
25. Contact
Dessant Transport Inc · dt@dessant.com · +1 (413) 216-2131 · 2405 Westfield Street, Suite 200, West Springfield, MA 01089.