Terms & Conditions

REGISTERING TO AUTOBIDBROKER LLC (AUTOBIDBROKER) INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE REGISTERING. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER. AUTOBIDBROKER RESERVES THE RIGHT TO AMEND THIS TERMS AND CONDITIONS WITHOUT PRIOR NOTICE TO MEMBERS.

AUTOBIDBROKER IS A LICENSED AND BONDED FLORIDA INDEPENDENT AND SALVAGE AUTO DEALER. BY REGISTERING TO AUTOBIDBROKER, AUTOBIDBROKER.COM WEBSITE YOU WILL BE ABLE TO BID AT THE AUCTION HOUSE WITH AN ONLINE BIDDING LOGIN ID (LOGIN) AND A PASSWORD THAT AUTOBIDBROKER WILL PROVIDE TO YOU.

AutoBidBroker recommends that new Member read the full text of AutoBidBroker.com’s Terms and Conditions before Acceptance. At no time shall these key points, replace or modify in any way AutoBidBroker.com’s full Terms & Conditions.

Member Agreed To

1. by registering with AutoBidBroker.com, member acknowledge and understand that it is registering with and purchasing vehicles from AutoBidBroker, and not from any other Auto Auction.

2. to accept that ALL VEHICLES ARE BEING SOLD “AS-IS, WHERE-IS”. ALL OFFERS ARE BINDING AND ALL SALES ARE FINAL, this means that the Member is buying the vehicles “with all faults” and without any warranty or guarantee of any type, express or implied.

3. to accept that it is their sole responsibility to ascertain, confirm, research, inspect, and investigate all vehicles and any information regarding such vehicles prior to bidding on them.

4. to be liable for all Sales Tax and/or provide an applicable Certificate of Exemption.

5. to remit full payment for purchased vehicles in the amount of the auction closing price, Sales Tax (where applicable), auction fees, and Broker Fees, for each vehicle, purchased.

6. to remit vehicle’s payment only by a wire transfer or a direct deposit to our Wells Fargo account within the next business day after the end of the auction by 5 pm Central Time and pay an Auction Late Payment Fee of $100.00 or 2% whichever is greater per vehicle after this period.

7. to remit all signed documents, proper identification, and notarized Power of Attorney (when required), within three (3) calendar days from the purchase date.

8. to remove the purchased vehicles only after the Vehicle Release Authorization has been issued, and no later than three (3) calendar days including the sale. On the fourth (4th) day $40 per day will be billed.

9. to accept that once a vehicle is awarded, failure to complete the purchase transaction, regardless of the reason, the Member shall remit a Penalty Fee of $400 for each vehicle sold for less than $9,000; $600 for each vehicle sold for $10,000 to $19,000 and $1,000 for each vehicle sold for more than $20,000, in addition of $400 or 15% (whichever is greater) to re-list the vehicle

10. to authorize us to charge any credit card on file for any pending fee.

11. to remove Buy It Now purchases the same day they are bought to avoid the late payment fee of $40 and storage fees, beginning with the date of purchase.

Eligibily

Membership to the AutoBidBroker.com website is open to individuals 18 years of age and older who can form legally binding contracts under applicable law, without limiting the foregoing. AutoBidBroker LLC reserves the right to deny membership privileges to any individual or entity, at its sole and absolute discretion.

Promotional Registration

Free registration for one year, and will not auto renew after one year. A minimum security deposit of $600 must be made before an IAAI bidder account will be created for the registered member. Member can upgrade to other membership levels at anytime. A broker fee of $349 or 10% of the purchase price, whichever is greater, which allows the Member to purchase unlimited vehicles and any type of vehicle up to $6,000 in which AutoBidBroker purchasing eligibility is not restricted at auction by yard-specific registration requirements, applicable laws and/or regulations, and in which the Member has the required Security Deposit. Free promotional registration is only valid when AutoBidBroker has it available.

Registration

Premium nonrefundable $189 USD annual fee, paid at the time of registration with broker fee of $249 or 5% of the purchase price, whichever is greater, which allows the Member to purchase any number and type of vehicles in which AutoBidBroker purchasing eligibility is not restricted at auction by yard-specific registration requirements, applicable laws and/or regulations, and in which the Member has the required Security Deposit. This registration will automatically renew each year and the Member will be charged a nonrefundable $189 renewal fee unless the subscription is canceled before the next scheduled payment.

Supreme nonrefundable $329 USD annual fee, paid at the time of registration with broker fee of $199 or 3% of the purchase price, whichever is greater, and two business days to complete the purchase which allows the Member to purchase any number and type of vehicles in which AutoBidBroker purchasing eligibility is not restricted at auction by yard-specific registration requirements, applicable laws and/or regulations, and in which the Member has the required Security Deposit. This registration will automatically renew each year and the Member will be charged a nonrefundable $329 renewal fee unless the subscription is canceled before the next scheduled payment.

Renewal

To maintain an active membership to AutoBidBroker.com, members must pay a nonrefundable membership renewal fee of $189 USD (Premium Membership) or $329 USD (Supreme Membership) for the one (1) year membership as well as have the account in good standing. The renewal is automatic so Members that do not wish to continue must cancel the subscription before the next scheduled payment. AutoBidBroker reserves the right to modify registration and renewal fees at any time without notice.

Security Deposits

Member must always have a minimum of $600 USD on deposit to be able to buy. The $600 USD Security Deposit must be paid in full before you receive your login information and cannot be used as part of the payment of an awarded vehicle. This Security Deposit protects us if the Member fails to pay as we are responsible for ensuring payment to auction for all the vehicles awarded to our Member. The Member agrees to (i) the $600.00 Security Deposit shall be sufficient to enable a Member to be the high bidder on one single vehicle for up to $6,000 USD, (ii) if a Member wishes to bid an amount higher than $6,000 USD, the Member must increase the Security Deposit $100.00 USD for each additional $1,000.00 USD of the desired bid which must be paid before being able to submit the bid, (iii) if a Member wishes to buy two or more vehicles at the same time, in order to be the high bidder in more than one (1) vehicle, each vehicle will need its own Security Deposit of a minimum of $600.00 and must be paid before being able to submit the bid. The Security Deposit will be refunded upon the Member’s written request if the Member has met all payment terms and conditions. In the event of Member fails to pay any invoice and the debt becomes uncollectible, AutoBidBroker will use the security deposit to satisfy the debt. We reserve the right to only accept cash deposits from some members. Refunds of deposits over 90 days are subject to additional fees.

Account Security

The Member is responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under their login, password, or on their account including. The Member agrees to (i) immediately notify AutoBidBroker of any unauthorized use of the login and password or account or any other breach of security, and (ii) ensure that exits from the account at the end of each session. The Member’s account may not be transferred or assigned to any person or entity. In the event a Member’s account, membership I.D., or login and password are used without authorization, Member shall be responsible for all account activity and charges incurred prior to AutoBidBroker’s receipt of written notice from Member of the unauthorized activity. AutoBidBroker cannot and will not be liable for any loss or damage arising from the Member’s failure to comply with this section.

Membership Revocation

The Member acknowledges and agrees that AutoBidBroker reserves the right to suspend or revoke the membership for any reason, in its sole and absolute discretion, including without limitation breach of security, lack of use, and payment obligations not fulfilled. Further, the Member agrees that AutoBidBroker will not issue any subscription refund and shall not be liable to the Member or any third-party for any termination of access to the auction website. Accounts not covered by security deposit for two (2) business days will be revoked. The Member also acknowledges and agrees that they will not threaten or commit violence against any of our employees, agents, or customer service representatives; use vulgar, offensive, or inappropriate language or otherwise engage in harassment when interacting with our representatives; engage in abusive messaging, emailing, or calling.

Release of Liability and Indemnification

Member and their guests irrevocably and unconditionally waive and release their rights (if any) to recover from auction and AutoBidBroker, its directors, officers, employees, representatives, agents, subsidiaries, partners, and affiliates (“AutoBidBroker Indemnitees”) any and all damages, losses, liabilities, costs expenses, or claims, therefore, 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 occurrences which occurs on auction or AutoBidBroker premises. Member agree to indemnify, defend, and hold auction and AutoBidBroker harmless from any and all damages, losses, liabilities, costs, or expenses (including attorney’s fees), arising from claims made by Member and Member’s guests for arising from or related to: (i) bodily injury or property damage occurring on auction or AutoBidBroker premises, (ii) Member’s failure to comply with applicable laws or regulations, (iii) Member’s subsequent sales or transfers of Vehicles to third parties, and (iiii) claims made against auction or AutoBidBroker by Member’s guests, agents, employees, or customers. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL AUCTION OR AUTOBIDBROKER 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 AUCTION OR AUTOBIDBROKER INDEMNITEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Member 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.

Marketing and Promotional Materials

The Member agree that they have affirmatively requested to receive marketing and promotional materials via mail, e-mail, text, and facsimile.

Transaction Fee

The Member agrees to pay a broker fee to AutoBidBroker of $249 or 5% of the vehicle Sale Price (whatever is higher) for a Premium Membership, $199 or 3% of the vehicle Sale Price (whatever is higher) for a Supreme Membership, not including auction member fees, for each vehicle purchased. AutoBidBroker reserves the right to modify the transaction fee at any time without notice.

Disclaimers

Vehicle Condition and History Disclaimer: ALL VEHICLES ARE SOLD ‘AS-IS WHERE-IS’ All vehicles sold through AutoBidBroker 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. The term “Vehicles” shall mean all items posted for sale on auction Website, including but not limited to cars, trucks, motorcycles, boats, jet skis, industrial equipment, homeowners salvage, trailers, RV’s, etc. AutoBidBroker expressly disclaims the accuracy or completeness of any, and all information provided to Member regarding vehicles, whether provided in written, verbal, or digital image form (‘Vehicle Information’). Vehicle Information provided by auction and AutoBidBroker is for convenience only. The Member shall not rely on Vehicle Information in deciding whether or how much to bid on a vehicle offered for sale through AutoBidBroker. 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. AutoBidBroker expressly disclaims any, and all representations, warranties, and guarantees regarding vehicles sold through AutoBidBroker. AutoBidBroker does not guarantee that keys are available for any vehicle sold through AutoBidBroker, 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, AutoBidBroker does not guarantee that vehicles are equipped with any or all VIN plates. Parts may be missing. AutoBidBroker 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.

The Member agrees that AutoBidBroker and auction are not responsible for any undisclosed and/or hidden damages not seen in the images including but not limited to removed or replaced parts, previous repairs, etc.

Vehicles sold through AutoBidBroker are sold AS IS and are not represented as being in a roadworthy 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 at the Member’s expense.

Registration Laws Disclaimer. AutoBidBroker 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. (For example, a vehicle legally purchased on a clean title by a Member at a 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’.)

DMV/MVD/DOR Paperwork Disclaimers. AutoBidBroker is not responsible for defects, errors, or omissions (i) related to motor vehicle department or department of revenue paperwork not processed by auction, or (ii) made by DMV/MVD/DOR.

NMVTIS Reporting Disclaimer. Vehicles listed for sale at auction may have been reported to the National Motor Vehicle Title Information System (NMVTIS), and transaction data related to vehicles purchased through AutoBidBroker may be reported to NMVTIS, at AutoBidBroker’s sole discretion. The Member accepts all risks associated with purchasing vehicles through AutoBidBroker resulting from the reporting of the vehicle or the purchase transaction data to NMVTIS by AutoBidBroker or others.

Risk of Loss. Member takes full responsibility and assumes all risk of loss for all vehicles purchased from the time auction accepts Member’s bid. From and after acceptance of Member’s bid (for vehicles located at a auction facility) Member acknowledges that auciton is acting as bailee of Member’s vehicle until such time as the vehicle is removed from auction’s premises. The Member agrees that under the terms of the bailment, (1) neither auction nor AutoBidBroker shall be responsible for damage to or loss of the vehicle or parts thereof due to operational procedures in place at all auction facilities, from acts of theft or vandalism, or acts of God; (2) neither auction nor AutoBidBroker shall be responsible for any claim of damage made after the vehicle has left auction’s premises, regardless of whether Member, or any person on Member’s behalf such as Member’s agents, employees, or representatives, pick up the vehicle. Once a vehicle is removed from auction’s premises it is accepted AS-IS, and under no circumstances will auction or AutoBidBroker be liable for subsequent claims of damage or loss of any kind or nature whatsoever.

Import/Export Issues. It is the responsibility of the Member to comply with customs import procedures applicable to foreign title vehicles. Customs inspection, import fees, and proof of emissions compliance may be required.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. AUTOBIDBROKER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AUTOBIDBROKER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AUTOBIDBROKER, OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITION.

NEITHER AUTOBIDBROKER NOR ANY INTERNET ACCESS PROVIDERS ARE RESPONSIBLE FOR INCORRECT OR INACCURATE ENTRY OF INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTIONS, LOST/DELAYED DATA TRANSMISSION, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURES OF ANY TELEPHONE NETWORK, COMPUTER EQUIPMENT, SOFTWARE OF ANY COMBINATION THEREOF, OR INABILITY TO ACCESS THE AUCTION WEB SITE.

Miscellaneous

Governing Law Jurisdiction.  This Agreement together shall be governed by the laws of the State of Florida without reference to the principles of conflicts of law. Each party hereby irrevocably submits to the jurisdiction of the courts of the State of Florida, sitting in Miami-Dade County, and the courts of the United States for Florida. Any lawsuit by either party must be brought to the State or Federal Court in Broward County, Florida.

Severability.  If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms and provisions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their best efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term or provision.

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