Online auction bidders and others who access this website (each, a “User” and collectively, the “Users”) acknowledge and understand that MyAutoIn, Inc. (“MAI”) hosts online auctions on www.myautoin.com, www.bidautoin.com and / or other URLs owned by MAI, (the “Website”) of assets on behalf of specific Sellers /Facilitators (each, a “Seller / Facilitator” and collectively, the “Sellers /Facilitators”). A facilitator is defined as an entity who may not own the asset by has the authority to approve a sale transaction on behalf of any seller. User understands that MAI does not (i) own any of the assets listed and/or described on the Website; (ii) research or verify the truth and accuracy of any and all information provided by the Sellers/Facilitators to MAI for posting on the Website; (iii) make any representations or warranties about the actual quality and conditions of the assets being offered on the Website; (iv) assume any responsibility for repairs that may be required upon assets purchased through the Website; (v) assume responsibility for the accuracy or existence of any communication between Users and the Seller/Facilitator pre or post-bidding; and (vi) assume responsibility for the closing of a purchase transaction between a User and any Seller/Facilitator. By accessing or using the Website, User understands that he/she is agreeing (i) to provide accurate contact information to MAI; (ii) to only bid upon assets that User actually desires and is able to purchase; (iii) to thoroughly read the information provided about the assets prior to bidding; (iv) to refrain from contacting the Sellers/Facilitators directly; and (iv) to comply with any supplemental stipulations of the sale, if any, set forth by the Seller/Facilitators. User further understands and agrees that MAI reserves the right to end bidding; delete bids; add; remove or change reserve or minimum prices; delay, reschedule the auction opening and ending times or cancel auctions altogether; and not complete a sales transaction for any reason whatsoever.
USER UNDERSTANDS AND AGREES THAT HIS/HER USE OF THE WEBSITE IS AT USER’S SOLE RISK. THE WEBSITE AND THE CONTENT THEREOF ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MAI DOES NOT GUARANTEE THAT (a) THE USE OF THE WEBSITE WILL RESULT IN THE PURCHASE OF ANY ASSET; (b) ALL BIDS WILL BE ACCEPTED (c) THE QUALITY OF ANY INFORMATION OBTAINED BY USER FROM THE WEBSITE OR AS A RESULT OF USE OF THE WEBSITE WILL MEET USER’S EXPECTATIONS; (d) THE INFORMATION PROVIDED BY THE WEBSITE OR OBTAINED AS A RESULT OF USER’S USE OF THE WEBSITE IS ACCURATE; (e) ANY ERRORS ON THE WEBSITE WILL BE CORRECTED; AND (f) THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED AND ERROR-FREE. MAI IS NOT LIABLE FOR ANY LOSS OR DELETION OF A BID PROCESSED THROUGH THE WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE ACCESSED THROUGH THE USE OF THE WEBSITE OR AS A RESULT OF THE USE OF THE WEBSITE IS DONE AT USER’S OWN DISCRETION OR RISK AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES THAT MAI AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, HEIRS, AND ASSIGNS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE , WITH THE DELAY OR INABILITY TO USE THE WEBSITE , AND/OR OTHERWISE RISING OUT OF THE USE OF THIS WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART FROM BREACH OF CONTRACT (INCLUDING NON-PAYMENT), TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF USER HAS PREVIOUSLY INFORMED MAI OF THE POSSIBILITY OF DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES; IN SUCH STATES, THE LIABILITY OF MAI AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, HEIRS, AND ASSIGNS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
EARNEST DEPOSIT REQUIRED FOR PARTICIPATION
Vehicles: A credit card or debit card will be required upon registration of retail consumers to become eligible to bid. Your card may be preauthorized for $1. to ensure that your credit card is valid and the information furnished MAI is correct. This said preauthorization may reoccur to activate your bidding privileges each time you participate in a subsequent online sales event. If you are an unsuccessful bidder no charges will be placed upon your card and the said preauthorization hold on your account will be lifted in accordance with the procedures of your card provider. (Licensed automobile dealers with a valid auction access number are exempt from this requirement).
Other type assets: Additional earnest deposit requirements may be applicable for the purchase of non-vehicle assets. In the event that an auction specific additional earnest deposit is required to participate it will be clearly and conspicuously stated.
Each purchase will incur transaction fees in addition to the successful bid price for each item purchased. These fees may be classified as “Success Fees”, “Inspection Fees”, “Document Preparation Fees”, “Transportation Fees” or other type fees. Please review the auction fee schedule for a schedule of applicable fees specific to the asset that you are bidding upon. The bid price plus the applicable transaction fees become the total contract price of which sales tax will be based upon.
Once MAI declares a participant a successful bidder the following undertakings will occur : VEHICLES: Each Successful bidders account will be charged the appropriate auction fees due the auction company that are applicable for each winning bid. If your account is secured by credit or debit card your bank card will be charged accordingly and immediately following the close of the auction. Said fees will be considered “Earnest Money” pending final settlement. Buyer(s) must make contact with MAI within 24 hours of the close of the auction to state their intended method of payment for the balance due and schedule an appointment for settlement and delivery. Payment in full is to occur within 72 hours following the conclusion of the relative online sales event by cash, wire transfer to the MAI accounts, or approved check, unless other arrangements have been specified in writing or email communications by MAI. Closing documents will be furnished upon settlement. All settlements must occur by appointment only. Any vehicle asset not settled for within 72 hours following the close of its respective auction will be considered a transaction in default, (see ”default” clause herein), unless other arrangements have been mutually agreed upon by the successful bidder and MAI. To schedule an appointment please email Closings@MyAutoIn.com or call 855-224-3288.
OTHER TYPE ASSETS: In the event that a non vehicle asset is purchased different settlement terms will apply. If other type assets are offered in any online sales event please review any additional terms of sale associated with those type assets.
CREDIT / DEBIT CARD CHARGE BACKS PROHIBITED FOR CONDITION OF ASSETS RECEIVED
As per the specific terms of this auction sale the purchaser understands that it is their sole responsibility to perform suitable due diligence in performing the pre-auction inspection of any vehicle or asset and ascertain the quality, appearance, functionality and overall condition of this item prior to developing a bid strategy and placing any bids. The BUYER WILL NOT therefore initialize a credit card chargeback based upon the vehicle’s condition upon delivery. Although My AutoIn, Inc. publishes photographs and written descriptions of the vehicles offered at auction upon our website www.MyAutoIN.com we make no representations as to the accuracy of those descriptions as per the terms of sale pre auction inspection is the responsibility of the bidder. By participating in any online sales event, you agree that you will accept all charges placed upon with your account as provided by the terms and conditions of any specific online event.
Any failure to comply with the Terms & Conditions of any online sales event on the part of the successful bidder including failure to settle for their purchases within the time specified will be declared a default which will result in any and all Earnest Money collected per individual transaction will be retained by MAI as liquidated damages, representing the negotiated and fair measure of damages, not to be construed as a penalty and this shall not be MAI’s sole and exclusive remedy at law or equity. Future bidding privileges of any defaulting party will be revoked.
VEHICLES: Sales tax will not be added to the invoice for the purchase of a motor vehicle unless it is mandated by your Registry of Motor Vehicles for vehicles delivered within the State of Massachusetts.
OTHER TYPE ASSETS: Applicable sales tax will be added to any non vehicle purchases unless the winning bidder is a reseller and has furnished MAI with required documentation. If other type assets are offered in any online sales event please review any additional terms of sale associated with those type assets.
REMOVAL OF PURCHASES
VEHICLES: All vehicles purchased must be removed from the area where they are marshaled, (stored) within 5 business days following the conclusion of any online sales event, unless other arrangements have been specified in writing or email communications by MAI. Any vehicle not removed within the time specified will be subject to a $30. / day storage fee and/or subsequently be towed away at the owners expense without notice, at the sole discretion of MAI.
OTHER TYPE ASSETS: If other type assets are offered in any online sales event please review any additional terms of sale associated with those type assets for removal specifications.
ASSET DESCRIPTIONS AND PHOTOS
MAI makes a diligent effort to ensure that the descriptions and photos that we publish most accurately depict the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various assets appear connected or are featured in the same photograph. Also occasionally the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described in text upon our website, not as they appear in any photograph.
ASSET PREVIEW AND INSPECTION
Ultimately it is the bidder’s sole responsibility to determine how to perform their due diligence in inspecting assets that are of interest to purchase. MAI will publish scheduled preview times, (when appropriate), for the physical viewing and inspection of the assets offered for sale. Most often previews are available by appointment. Call us for preview information, 855-224-3288. It is our philosophy at MyAutoIn.com that the perceived integrity of our company and the continued trust of our customers is dependent upon accurate descriptions of the assets offered for sale. We feel that a properly informed buyer is a confident buyer. We believe that especially in the lower priced assets that there is value in our wholesale buyers acquiring those assets knowing the assets shortcomings and being aware that there may be financial advantages realized by performing repairs to those assets through their own resources. We embrace the cliché “beauty is in the eye of the beholder” and we encourage you to inspect every item that you are interested in acquiring either in person or by engaging the assistance of a third party regarding dents, scratches and cosmetic items that only you the buyer can weigh the importance of those defects. We at MyAutoIn.com will always disclose known mechanical defects in our descriptions and do our best to illustrate the cosmetic shortcomings in our photographs.
ASSET WARRANTIES / GUARANTEES
We at MyAutoIn.com are aware that all of the used vehicles offered for sale on our site may not be perfect. We will disclose all known mechanical defects and provide revealing photographs of each assets appearance. We believe that there may be financial advantages for our wholesale buyers acquiring those assets knowing the shortcomings and defects of those items and then performing repairs to those assets through their own resources.
Consumer Used Vehicle Warranty:
All vehicles sold to consumers are subject to the Massachusetts Used Vehicle Warranty Statute.
Massachusetts General Law does not provision an exemption of warranty for consumers for disclosed defects. According to the statue however, defects that affect only appearance and defects that do not impair use or safety are not covered under the MA Used Vehicle Warranty Law. If a vehicle offered upon our online auction website has disclosed major defects, and you are not a vehicle repair shop member, a reseller, (licensed dealer) or recycler please refrain from bidding on those items. All disclosures are easily identified on the condition report located at the bottom of the each items photo gallery. (Please feel free to call us for more information 855-224-3288).
All Other Vehicle Buyers:
All vehicles are sold without warranty to licensed dealers, repair shops and recyclers. We at MyAutoIn.com do however understand that to maintain the integrity of our company and the continuing trust of our customers that the descriptions of the assets offered for sale are accurate. We will always describe the condition of the vehicles we have for sale as accurately as possible. We value the confidence of our customers to engage in a positive transaction.
All Other Asset Types:
ELECTRONIC SIGNATURE CONSENT
In the event we offer non vehicle asset types upon our website for sale, once again we understand that to maintain the continuing trust of our customers and the integrity of our company the descriptions of the assets offered for sale must be accurate. Ultimately it is however, the bidders responsibility to perform the satisfactory due diligence in inspecting the assets of interest. We highly encourage you to take advantage of any published preview times to personally inspect the assets of your interest or engage the services of a third party inspector to do so on your behalf as even though we make every effort to provide accurate descriptions, all non vehicle assets are sold “as-is”
By checking the box next to the phrase “I HAVE READ AND ACCEPT THE TERMS OF THIS AUCTION,” the registration applicant for participation in any MAI online sales event adopts the checking of this box as their electronic signature and agrees to accept these standard terms and conditions of sale. By checking the box next to the “I agree to abide by the terms and conditions of this auction,” the registered user adopts the checking of this box as their electronic signature and agrees to be bound by any additional terms of sale or event specific conditions that may supersede the standard terms of sale and any applicable transaction fee schedule, the published detailed bidding instructions available by hyperlink at every online sales event and additional terms and conditions of a facilitator, (if any).
EFFECTIVE DATE: This version of the general terms and conditions of auction sale by MyAutoIn, Inc. is effective midnight June 26, 2013 and shall supersede all previously published similar terms and conditions.