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MEMBER TERMS AND CONDITIONS
Last revised: Decemeber 10, 2016
These Member Terms and Conditions affect your legal rights against Autobees. You should read the entire Member Terms and Conditions carefully before accepting them. By placing a bid in an Autobees auction, you represent and warrant to Autobees that you have read and understood the Member Terms and Conditions in their entirety and that you agree to be bound by them in all respects.
Vehicles offered for sale on Autobees’s websites are sold through our Hibid Internet based auction selling platform. Autobees’s auction platform employs a two-step bidding process:
Bidding Overview: Here are the ways to bid on vehicles offered for sale on Autobees’s websites:
Note: Where permitted by state law, sellers may bid on their own vehicles.
A. Vehicle Condition and History Disclaimer.
Except as otherwise expressly provided by applicable law, ALL VEHICLES ARE SOLD “AS-IS WHERE-IS.”
Except as otherwise expressly provided by applicable law, all vehicles sold through Autobees are sold “AS-IS WHERE-IS,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. As used in these Member Terms and Conditions, “vehicle(s)” means all items posted for sale on Autobees’s websites and otherwise offered for sale at Autobees facilities, including but not limited to cars, trucks, motorcycles, boats, jet skis, industrial equipment, trailers, RV’s, etc. “Vehicles” also includes miscellaneous salvage items that are posted for sale on Autobees’s websites under the heading “Other Goods.” However, Members expressly acknowledge and agree that “vehicle(s)” does not mean or include, and Autobees does not purport to facilitate the sale of, any cargo or items of personal property which may be contained in a vehicle but are not part of the vehicle. It is the sole responsibility of the Member purchasing a vehicle to take possession and/or dispose of any such cargo or contents in accordance with applicable law.
Autobees and its vehicle sellers expressly disclaim the accuracy or completeness of any and all information provided to Members regarding vehicles, whether provided in written, verbal, or digital image form (“Vehicle Information”). Vehicle Information provided by Autobees and its vehicle sellers is for convenience only. Members shall not rely on Vehicle Information in deciding whether or how much to bid on a vehicle offered for sale through Autobees. Vehicle Information includes but is not limited to: year, make, model, condition, ACV, damage amount, damage type, drivability, accessories, mileage, odometer disclosures, vehicle identification number (e.g. “VIN,” “HIN,” and serial number), title, repair cost, repair history, title history, and total loss history. Autobees and its vehicle sellers expressly disclaim any and all representations, warranties, and guarantees regarding vehicles sold through Autobees. Autobees does not guarantee that keys are available for any vehicle sold through Autobees, regardless of whether keys are present in online vehicle images, or were present in the vehicle prior to the time of purchase. Certain jurisdictions permit vehicles to be sold with missing VIN plates; as a result, Autobees does not guarantee that vehicles are equipped with any or all VIN plates. Vehicle parts may be missing. Autobees does not guarantee that vehicles meet or can be modified to meet local emission and/or safety requirements. It is the sole responsibility of the Member to ascertain, confirm, research, inspect, and/or investigate vehicles and any and all Vehicle Information prior to bidding on vehicles.
All Members agree that Autobees vehicles are sold AS IS and are not represented as being in a road worthy condition, mechanically sound, or maintained at any guaranteed level of quality. The vehicles may not be fit for use as a means of transportation and may require substantial repairs and expense. Repairing or dismantling vehicles on Autobees premises is strictly prohibited. All Members must arrange to safely and legally remove purchased vehicles from Autobees’s facility prior to undertaking any repairs or dismantling.
B. Registration Laws Disclaimer. Autobees does not guarantee that any vehicle sold can be legally registered in any state or country, and the Member accepts all risks associated with variations in vehicle title and registration laws between states, provinces, and countries that may negatively impact the marketability of vehicles purchased at Autobees. (For example, a vehicle legally purchased on a clean title by a Member at a Autobees facility located in State “A” may be required to be sold on a salvage title if Member transports and resells the vehicle in State “B”.)
C. DMV/MVD/DOR Paperwork Disclaimers. Autobees is not responsible for defects, errors, or omissions (i) related to motor vehicle department or department of revenue paperwork not processed by Autobees or (ii) made by any motor vehicle department, department of revenue or other governmental entity.
D. NMVTIS Reporting Disclaimer. Vehicles listed for sale at Autobees may have been reported to the National Motor Vehicle Title Information System (“NMVTIS”), and transaction data related to vehicles purchased at Autobees may be reported to NMVTIS, in Autobees’s sole discretion. Each Member accepts all risks associated with purchasing vehicles at Autobees resulting from the reporting of the vehicle or the purchase transaction data to NMVTIS by Autobees or others. Members may be subject to NMVTIS reporting requirements when purchasing certain vehicles. For more information on reporting requirements, exemptions, and how to obtain a NMVTIS Reporting ID, visit www.vehiclehistory.gov.
E. Disclosure of Member Information. Each Member expressly agrees that Autobees may, if and to the extent necessary to comply with applicable law, disclose information regarding Autobees’s Members and regarding transactions conducted by Members through Autobees if requested to do so in any judicial or administrative proceeding or by any governmental agency or regulatory authority (whether by deposition, interrogatory, request for documents, subpoena, civil investigative demand, or otherwise).
II. SALE POLICIES
A. Bid Rejection. Autobees reserves the right to reject or void bids for any reason, in Autobees’s sole and absolute discretion. Should a dispute arise regarding a bid, Autobees is the exclusive deciding authority with sole and absolute discretion in resolving disputes. Members agree to indemnify, defend, and hold Autobees harmless from any and all liability arising out of decisions made in resolving disputes.
B. Sale Cancellation. Autobees may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from a sale. Autobees will have no liability or obligation to Members as a result of any vehicle withdrawal or sale cancellation or postponement. Further, Autobees reserves the right to cancel or reverse a sale transaction in the event of fraud, material misrepresentation, or patent defect in the Vehicle Description or bidding information, as determined by Autobees in its sole discretion. In the event a sale is cancelled after the Member has remitted payment, Autobees will credit the amount of the payment to the Member’s account (or to the Member’s credit or debit card used to remit payment, if applicable).
C. Tie Bid Policy. Virtual Bids (and, where available, Live Auction Bids) prevail over Preliminary Bids of equal amount.
D. PROXY BIDDING. Autobees uses PROXY BIDDING to make the bidding process easier and more efficient. Simply enter a Preliminary Bid representing the maximum price you are willing to pay for the vehicle and PROXY BIDDING will bid on your behalf up to your maximum bid during both the Preliminary Bidding Period and the Virtual Sale. PROXY BIDDING will only bid one increment over the current bid to maintain your position as the highest bidder. This allows you the possibility of purchasing a vehicle below your maximum bid. If a bidder with a higher maximum bid outbids you during Preliminary Bidding, you will be notified via email. PROXY BIDDING is not available for VIX vehicles (see Section II.F. below).
E. Minimum Bids, Bid To Be Approved, and Counter Bidding.
F. VIX (Virtual Internet Exchange) and Sealed Bid Repo Vehicles.
G. Vehicle and Title Release. Autobees reserves the right not to release any vehicle or vehicle title for any reason.
H. Bids Entered. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled.
I. Risk of Loss. Each Member takes full responsibility and assumes all risk of loss for all vehicles purchased from the time Autobees accepts the Member’s bid. From and after acceptance of the Member’s bid (for vehicles located at a Autobees facility), the Member acknowledges that Autobees is acting as bailee of the Member’s vehicle until such time as the vehicle is removed from Autobees’s premises by the Member or the Member’s agent or representative. The Member agrees that under the terms of the bailment, (1) Autobees shall not be responsible for damage to or loss of the vehicle or parts thereof due to operational procedures in place at all Autobees facilities, from acts of theft or vandalism, or acts of God; (2) Autobees shall only be responsible for damage to or loss of the vehicle or parts thereof caused by the direct willful or grossly negligent act or omission of Autobees; and (3) Autobees shall not be responsible for any claim of damage made after the vehicle has left Autobees’s premises, regardless of whether the Member or any agent, employee or other representative on the Member’s behalf picks up the vehicle.
The Member agrees to comply, and to cause its agents and representatives to comply, with all applicable laws and regulations when removing a vehicle from a Autobees facility, including properly loading and securing all vehicles for safe travel. Autobees personnel may load purchased vehicles for Members upon request; however, in so doing, Autobees personnel take no responsibility for ensuring that the vehicles are properly loaded or secured for safe transport. Autobees shall in no event be responsible or liable for any damage occurring as a result of unsafe or improper loading or securing of a vehicle for transport and the Member agrees to indemnify, defend, and hold Autobees harmless from any and all claims, damages, losses, liabilities, obligations, costs and expenses (including attorneys’ fees) arising from or related to any failure of the Member or the Member’s agent or representative to properly load and/or secure a vehicle for transport.
Once a vehicle is removed from Autobees’s premises it is accepted AS-IS, and under no circumstances will Autobees be liable for subsequent claims of damage or loss of any kind or nature whatsoever. In the event Autobees is responsible, damages shall be limited to the lesser of (i) the amount of the diminution in value of the vehicle as reasonably estimated by Autobees or (ii) the auction sale price (in which case the Member shall return the vehicle to Autobees). Autobees may, in its sole discretion, resell the vehicle at a Autobees sale, and the difference between the original sale price and the resale price shall be conclusive as to the amount of diminution of value, if any.
J. Offsite Sales. Offsite Sales vehicles will be available for pick up at the designated Autobees facility or offsite address indicated. Standard Autobees pickup requirements and storage rates apply to vehicles sold from offsite sale locations. If the Member fails to pick up an offsite vehicle within six (6) days of sale, the vehicle may, at Autobees’s sole discretion, be moved from the offsite sale location to one of Autobees’s facilities, and if the vehicle has been moved, the Member will be responsible for towing charges from the offsite location to Autobees’s facility, plus additional storage charges that may accrue from that day onward, for up to 30 days. After the vehicle has been at Autobees’s facility for 30 days and the towing and storage charges have not been paid, the vehicle will be considered abandoned and Autobees will process the vehicle according to applicable law.
K. 1031 Exchange. Vehicles consigned to Autobees by a vehicle seller may be sold as part of an equipment exchange pursuant to Section 1031 of the Internal Revenue Code and the rights of the vehicle seller under the consignment contract may be assigned to a third party qualified intermediary.
L. Timely Removal of Purchased Vehicles. Vehicles purchased and not removed from Autobees parking or loading facilities by 4:45 p.m. (local time at the facility) will be moved to the locked storage area and will only be released upon payment of an additional gate and storage fee if applicable.
III. VEHICLE EXPORTS
A. Exporting Purchased Vehicles. The following provisions govern all transactions in which a Member located outside the United States of America (“U.S.”) purchases a vehicle from a Autobees facility in the U.S. and then transports the vehicle out of the U.S. (“Vehicle Export Transactions”):
The Member shall prepare and file any required Electronic Export Information (“EEI”) through the Member’s Agent. As FPPI, the Member and the Member’s Agent shall upon request provide to Autobees a copy of any required export information as submitted in the Automated Export System (“AES”) by the Member’s Agent under 15 CFR §30.3(e)(2). All Members conducting Vehicle Export Transactions agree that Autobees will not be the “exporter” for EAR and FTR purposes. Unless a Member elects to use Autobees’s transportation services, Autobees will release the vehicle to the Member’s Agent in the U.S.
All Members accept liability for compliance with all U.S. export laws and regulations applicable to routed export transactions. The Member expressly assumes responsibility for determining licensing requirements and obtaining license authority (if any) for the purchased vehicle with this writing as per 15 CFR § 758.3(b). The Member’s Agent will be the exporter for EAR and FTR purposes. Autobees will provide the Member’s Agent with the Harmonized Tariff Schedule(“HTS”) code, Export Control Classification Number (“ECCN”), and other export information required under 15 CFR § 30.3(e)(1) upon the Member or Member’s Agent’s request. To obtain this information, a Member or Member’s Agent may send a written request to email@example.com
In the event of an inquiry from U.S. Customs and Border Protection or another government authority regarding a Vehicle Export Transaction, the Member will clarify that this is a routed export transaction and will provide a copy of its executed POA with the Member’s Agent.
B. Foreign Corrupt Practices Act. All Members are subject to the provisions of the U.S. Foreign Corrupt Practices Act of1977 (“FCPA”), which prohibits the making of corrupt payments. Under the FCPA, it is unlawful to pay or to offer to pay anything of value to foreign government officials, or employees, or political parties or candidates, or to persons or entities that will offer or give such payments to any of the foregoing in order to obtain or retain business or to secure an improper commercial advantage. Members engaging in Vehicle Export Transactions shall not take actions, or permit actions to be taken on their behalf, which would constitute a violation under the FCPA.
C. Import Requirements. Unless Autobees specifically agrees in writing to provide import clearance services to the Member, the Member shall act as “importer of record” or other responsible party (as the case may be) of each vehicle under all import laws of the country of destination and port of discharge and shall be solely responsible for compliance with all import requirements of the country of destination and port of discharge, including the preparation and filing of all required documentation with applicable government authorities, the payment of all import fees, duties, taxes, and any other charges payable upon import of a vehicle, and any required customs inspection and proof of emissions compliance.
A. Member Eligibility. You may sign up as a Member at Autobees if you are at least 18 years of age. In addition, state-specific registration requirements and applicable laws, regulations, and restrictions may further limit Member sign up and vehicle purchasing eligibility. Autobees reserves the right to deny member privileges to, or exclude from Autobees facilities, any individual or entity, in its sole and absolute discretion.
B. Member Types. In order to bid on a vehicle, you must be a Member in good standing.
All Members (Basic or Premier) who purchase vehicles for resale must provide copies of current licenses and completed sales tax exemption certificates. Premier Membership must be renewed annually by paying an annual nonrefundable Premier Member renewal fee and submitting copies of all current licenses (if applicable), and any information regarding change of ownership or address. Autobees reserves the right to increase or decrease registration and renewal fees at any time without prior notice to Members.
C. Authorized Bidders/Cardholders. Businesses registered as Premier Members may authorize up to three individuals to submit bids on behalf of the Member, including the owner. Authorization of more than three individuals to submit bids is subject to Autobees’s discretion and may require payment of additional fees. Premier Members are responsible for removing any individual who is no longer authorized to submit bids on behalf of the Member from the Member’s account and the Member is liable for all bids placed on its accounts.
D. Guests. Except where prohibited by law, guests 16 years of age or older are allowed to enter Autobees facilities (including during the Preliminary Bidding Period) when accompanied by a Member. Guest passes are subject to a fee where applicable. Guest passes must be displayed at all times. Only Members in good standing are permitted to bid on vehicles.
E. Account Activity. Members are responsible for all account activity, including, without limitation, all Preliminary Bids and Virtual Bids submitted under the Member’s username and password through Autobees’s websites or through terminals located in kiosks at Autobees facilities. A Member’s account may not be transferred or assigned to any other person or entity. The Member shall promptly notify Autobees in writing in the event the Member’s account, membership I.D., or username and password are used without authorization. The Member shall be responsible for all account activity and charges incurred prior to Autobees’s receipt of written notice from the Member of the unauthorized activity.
F. Compliance with Law. Members shall comply with all applicable laws, statutes, ordinances, and regulations regarding their use of Autobees’s services, including but not limited to laws and regulations regarding the transportation, storage, transfer, resale, dismantling, or retitling of a purchased vehicle. All fines, penalties, fees, and other amounts assessed by a governmental authority as a result of a Member’s failure to so comply (collectively, “Vehicle Fines”), including but not limited to parking citations, toll road violations, tax liens, and impound fees, are the Member’s sole responsibility and each Member hereby agrees to indemnify and hold harmless Autobees from and against all such Vehicle Fines. Autobees may assess a processing fee of $75 per item against the Member’s account for the receipt and processing of citations, notices, and other legal documents pertaining to Vehicle Fines. Autobees further reserves the right to pay upon receipt all Vehicle Fines on the Member’s behalf and to charge the Member a fee of up to 150% of the Vehicle Fine amount plus the $75 processing fee, either by deducting such amount from funds held in the Member’s Autobees account or by charge to the Member’s credit card or debit to the Member’s checking account on file with Autobees. In addition, failure to comply with applicable laws and regulations, including by the timely payment or other resolution of all outstanding Vehicle Fines relating to a Member’s purchased vehicles, may result in the Member’s buying privileges being suspended or revoked by Autobees.
G. Autobees Facility Rules. Members and their agents, representatives and guests visiting Autobees’s facilities must comply with all facility rules and with the reasonable requests and instructions of Autobees facility personnel. Members must not remove any items, including any envelopes or paperwork, inside a vehicle and must alert Autobees to these items and allow Autobees to retrieve them. Anyone caught stealing or damaging vehicles will be arrested and prosecuted to the fullest extent of the law. This includes theft of or damage to any items inside a vehicle or to keys. A $500 reward will be paid to anyone providing information leading to the arrest and conviction of individuals stealing or damaging vehicles at Autobees facilities. Members and their representatives and guests visiting Autobees’s facilities must stay clear of electric fences at all times. Members and their representatives and guests may not bring tools of any kind, including diagnostic code readers and jump boxes, into Autobees facilities.
H. Membership Revocation. Autobees reserves the right to inactivate, suspend or revoke a Member’s account for any reason, in its sole and absolute discretion.
I. Release of Liability and Indemnification. Members and their guests irrevocably and unconditionally waive and release their rights (if any) to recover from Autobees, its directors, officers, employees, representatives, agents, subsidiaries, partners, and affiliates, and vehicle sellers (“Autobees Indemnitees”) any and all damages, losses, liabilities, costs, expenses, or claims, whether direct or indirect, known or unknown, or foreseen or unforeseen, which may arise from or be related to bodily injury, property damage, or other loss which occurs on Autobees premises. Members agree to indemnify, defend, and hold Autobees Indemnitees harmless from any and all damages, losses, liabilities, costs or expenses (including attorneys’ fees) arising from claims made by the Member and the Member’s guests arising from or related to: 1) bodily injury or property damage occurring on Autobees premises, 2) the Member’s failure to comply with applicable laws or regulations, 3) the Member’s sale or transfer of vehicles to third parties, and 4) claims made against Autobees Indemnitees by the Member’s guests, agents, employees, or customers. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL AUTOBEES INDEMNITEES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM OR ARE RELATED TO THE SALE, DISTRIBUTION, USE OF, OR INABILITY TO USE, ANY VEHICLE, EVEN IF AUTOBEES INDEMNITEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Members and guests who are California residents waive California Civil Code §1542, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
J. Marketing and Promotional Materials. Members agree they have affirmatively requested to receive marketing and promotional materials via mail, email, push email, facsimile, app, social, media, text message or other then-current methods of communication.
V. FEES, PAYMENT, AND CHARGES
A. Fees. All Members agree to pay the member fee and other fees applicable to each vehicle purchase. The current fee schedules may be accessed by registered Members from the “My Account” page of Autobees’s websites. Member fees apply to all items purchased at a Autobees sale, including miscellaneous salvage items sold as “Other Goods.” All fees are subject to change without prior notice. The Member is solely responsible for ascertaining applicable fees prior to bidding on a vehicle.
C. Sales Tax. Sales tax liability for items sold on Autobees’s websites is determined based on the physical location of the Autobees facility where the vehicle is stored at the time of sale (even if the vehicle is advertised for sale through a Autobees facility located in a different taxing jurisdiction). Members purchasing vehicles from Autobees at wholesale pursuant to a sales tax exemption certificate agree to indemnify, defend, and hold Autobees harmless from any and all sales tax assessments, fines, penalties, damages, and costs, including attorneys’ fees, incurred as a result of a determination by taxing authorities that the transaction was subject to the payment of sales, use, or excise tax.
D. Relist Fees. In the event a vehicle is not paid for within the time specified by the Autobees facility where the vehicle was sold, Member agrees that Autobees may, in its sole and absolute discretion, cancel the sale or relist the vehicle for sale, and the Member shall be responsible to pay a relist fee plus any collection costs, including court costs and reasonable attorney’s fees. Relist fees may vary by facility. The Member agrees to verify relist fees prior to bidding on vehicles.
E. Automatic Deliveries. Subject to prior approval by Autobees, Members may arrange for automatic delivery by Autobees of all vehicles purchased. Storage charges and gate fees may be waived for Members set up with automatic delivery.
F. Payment for Vehicles Delivered by Autobees. All fees and charges on vehicles must be paid prior to delivery, if not set up for automatic delivery. STORAGE FEES WILL BE CHARGED ON ALL VEHICLES ASSIGNED FOR DELIVERY AFTER THE PAYMENT GRACE PERIOD HAS ELAPSED. When a delivery in progress cannot be completed, regardless of the reason, the Member will be charged for a dry run both ways, plus storage at prevailing Autobees rates. The Member must accept the vehicle when it is scheduled for delivery to avoid dry run and storage charges.
G. Priority of Application of Payments. Payments made by a Member to Autobees will be applied in the following order: first towards any unpaid fees (including but not limited to Member registration fees, buyer fees, convenience, storage, loading/gate, late payment, relist, and delivery fees), then towards payment of the sale price of any vehicles purchased by the Member. For example, if a Member makes a payment of $1,000, but has outstanding relist fees of $400, Autobees shall apply the first $400 towards the unpaid relist fees, with the remaining $600 applied towards payment for vehicles. The Member agrees that Autobees has no duty to release vehicles or vehicle titles until all fees are paid in full.
H. Security Deposits.
1. Security Deposit for Basic Members. Autobees may require payment of a security deposit before a Basic Member may place a bid on a vehicle. Security deposit requirements may be changed at any time. Current security deposit requirements may be found at Autobees.com/securitydeposit.
A Basic Member may request a refund of any unapplied security deposit online by visiting the Account Information page of Autobees’s websites. All refunds are subject to confirmation that the security deposit is not applicable to any open bids or unpaid charges. All refunds shall be credited to the credit card used to submit the deposit. In the event the credit card is not valid the refund shall be made by check and mailed to the Member at the Member’s address on file with Autobees within 30 days of receipt of written request and verification of amount due.
1. Relist Fee
In the event a vehicle is not paid for within the time specified by the Autobees facility where the vehicle was sold, Member agrees that Autobees may, in its sole and absolute discretion, cancel the sale or relist the vehicle for sale, and the Member shall be responsible to pay a relist fee of $400.00 plus any collection costs, including court costs and reasonable attorney’s fees. Relist fees may vary by facility. The Member agrees to verify relist fees prior to bidding on vehicles.
The vehicle amount and all applicable fees must be paid within 3 business days of purchase, including the day of sale, to avoid a fee of $50.00 per vehicle. The Member agrees to verify late payment fee prior to bidding on vehicles.
All purchases must be removed from the location of storage within 5 business days, including the day of sale, for winning virtual auction bidders OR after 3 business days, including day of sale, for winning kiosk, live bidders or Buy It Now purchases to avoid a storage fee of $30.00 per day. The Member agrees to verify the storage feee prior to bidding on vehicles.
All payment made by credit cards will have a 4% credit card usage surcharge. The Member agrees to verify the Credit card usage Fee prior to bidding on vehicles.
VI. CHOICE OF LAW AND VENUE; ENTIRE AGREEMENT
A. Forum Selection, Venue, Jurisdiction, Choice of Law, and Service of Process. The Member acknowledges and accepts the following as express conditions to membership with Autobees:
B. Entire Agreement. These Member Terms and Conditions constitute the entire and sole agreement between the Member and Autobees with respect to the subject matter hereof. There have been no representations, warranties, or promises given or made that are not set forth in these Terms and Conditions.
Sale Price Range
Up to $1000
Up to $2000
Up to $3000
Up to $5000
Up to $10,000
Up to $15,000
Up to $20,000
Up to $50,000
Up to $99,999,999
Internet Fees $35
Documentation Fees $55