By using AuctionXM, you agree to be bound by all terms and conditions contained in the TOU. If you do not agree with the terms and conditions of the TOU at any time, you will discontinue your use of AuctionXM.
AuctionXM reserves the right to update or revise the TOU at its discretion and without notice. You are responsible for checking the TOU periodically for changes. You can review the most current version of the TOU at any time here. If you continue to use AuctionXM following the posting of any changes to the TOU, you agree to be bound by these changes.
In addition, when using particular AuctionXM services, you and AuctionXM shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.
The material that appears on AuctionXM is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing vehicles and/or related services that you have read about on AuctionXM, you should confirm any information (including the price) that is important to your purchasing decision. AuctionXM is not responsible nor makes any warranty, express or implied, or endorsement regarding any vehicles being posted for sale on AuctionXM or as to any of the related services that are being offered through this site. We are also not responsible for controlling the vehicles posted for sale or services being offered through this website, or any losses that you may incur while using our site.
AuctionXM reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses this website in a manner that the operators of AuctionXM deem inappropriate.
Although AuctionXM cannot monitor every listing posted on our website, it reserves the right, but assumes no obligation, to delete, move, or edit any listings or postings on our website. You understand and agree that the Services are provided "AS-IS" and "WHERE-IS", and that AuctionXM assumes no responsibility for the condition, timeliness or non-delivery of a vehicle(s) and/or related services.
2. DESCRIPTION OF SERVICE
AuctionXM is an online automotive listing and auction site that brings together automobile dealers, manufacturers, banks, insurers, leasing companies, exporters and shippers along with various other automotive service and automotive industry professionals. All vehicles purchased through our website are for export out of North America purposes only. As a registered member of AuctionXM we can assist you with:
- gaining access privileges at major automotive auctions for clean and salvage vehicles;
- arranging for the ground transportation of your vehicle;
- all the documentation involved in your purchase;
- securing all titles to your purchased vehicle(s);
- preparing all port documentations, clearance, procedures including freight-forwarding your vehicle and custom clearance;
- facilitating shipping insurance;
- export credit financing for your vehicle.
You understand that AuctionXM does not control the price and any other terms of any sale offered through its website and that these are strictly within the control of the seller and/or dealer of that vehicle or automotive-related services.
You further understand and agree that AuctionXM as a neutral facilitator in this process has no control over the truth, accuracy, quality, legality, or safety of postings made by users, sellers, dealers, brokers and other automotive industry professionals. You understand and agree that AuctionXM cannot and does not confirm or verify the identity, background, qualifications, or abilities of users, sellers, dealers, brokers and the like, nor does AuctionXM guarantee the condition and/or quality of the vehicles or services that are offered up for sale through this site. Therefore, we recommend that you be careful and exercise common sense and good judgment when making any purchase through this website.
By searching the automotive and services listings that have been posted on the AuctionXM website, you are designating yourself as a "Customer" and/or "Buyer". Customers are entities that are potentially interested in purchasing one of the automobiles or services that have been posted on the AuctionXM website.
The website provides a venue whereby Customers can view automobiles and related automotive services that may be of interest to them, and the information that is available for that Customer to place a bid on a vehicle and/or purchase a related service(s).
4. MEMBERSHIP & REGISTRATION OBLIGATIONS
To obtain access to many of the features of our website, you will be given the opportunity to register with AuctionXM. AuctionXM requires Dealers to register if they wish to use any of the features of the website. Only a Dealer can place bids on any vehicle that is posted for auction on this site. In consideration of your use of the Service you agree to:
- a) provide true, accurate, current and complete information about yourself as prompted by this website's registration form (such information being the "Registration Data"); and
- b) maintain and promptly update the Registration Data to ensure that it is at all times true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or AuctionXM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AuctionXM has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Registered members have access to such features as upcoming schedules of auctions, detailed information related to auction inventories, and can participate in online-bidding. You additionally understand that there are particular features and/or services provided through AuctionXM .com that may have their own auction/purchase policies and/or terms of services; by using these features/services you agree to be bound by their respective terms.
Membership at AuctionXM is only open to individuals 18 years of age and older. Nevertheless, AuctionXM reserves the right to deny membership privileges to any individual, in its sole and absolute discretion. Registered buyers, normally known as dealers, must complete the registration form for complete access to all vehicles posted on AuctionXM.
AuctionXM reserves the right to increase the registration and renewal fees at any time and without notice.
By completing your registration, we will automatically include you to receive all communications about new products and services from AuctionXM. From time to time, we will send email updates on new shipping rates, special vehicles available for purchase or new product offerings designed to help your business succeed. If you do not wish to receive these communications, please send an email to customerservice@AuctionXM.com and we will exclude you from receiving these communications.
When purchasing on AuctionXM.com, the use of our shipping services is optional. Please contact our shipping department at shipping@AuctionXM.com to get a shipping quote prior to purchasing a unit. In order to provide a quote, we will need to know:
- the unit you plan on buying
- it’s location
- your desired port of destination
5. DEALER ACCOUNT
You will receive an account designation, along with its associated User ID and Password, upon completing the registration process. You are responsible for maintaining the confidentiality of your User ID and Password, and you are fully responsible for all activities that occur under your account.
You agree to immediately notify AuctionXM of any unauthorized use of your account or any other breach of security and to ensure that you exit from your account at the end of each session. AuctionXM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. FEES, PAYMENT AND DELIVERIES
You agree to pay all customary Auction fees and charges for services rendered in connection with the purchase and sale of vehicles; including without limitation, buyer fees, sale fees, entry fees, cash handling fees, loading fees, storage fees, and other customary fees and charges. It is the sole responsibility of the Buyer to verify fees charged by AuctionXM prior to incurring such charges. All fees and charges are subject to change without notice. Payment for vehicles must be made within 5 calendar days following purchase of vehicle. Vehicles not paid for within the above-specified timeframe will be subject to a late fee of the greater of $200 or 2% of purchase price will apply on Day 6. A storage fee of $25 per day will be charged on day 9 onwards until unit is paid in full; AuctionXM in its sole discretion reserved the right to waive any penalties or late fees. Payments made towards placing a bid on a vehicle or for membership fees can be paid by credit card. Payment for vehicles must be made by wire transfer. AuctionXM will absolutely not accept any cheques, certified or otherwise.
IMPORTANT NOTICE: AuctionXM reserves the right after 10 calendar days to repossess vehicles not fully paid for, charge the client a fee, and make him responsible for any resale loss.
7. AUCTION POLICIES
If Dealer bids on a vehicle, that Dealer is obligated to complete the transaction. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled. AuctionXM is in no way responsible if a Dealer's registration information, including ID and password is either lost, misplaced or stolen. AuctionXM is not responsible for any cancelled bids. AuctionXM still reserves the right to reject or void bids for any reason, in its sole and absolute discretion. Should a dispute arise regarding a bid, AuctionXM is the exclusive deciding authority with sole and absolute discretion in resolving disputes. Dealers agree to indemnify, defend, and hold AuctionXM harmless from any and all liability arising out of decisions made in resolving disputes. AuctionXM may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from auction. AuctionXM will neither have liability nor obligation to Dealers as a result of any vehicle withdrawal, or auction cancellation or postponement.
If a Dealer's bid has been accepted, the Dealer is obligated to purchase the vehicle, and will be notified as such by AuctionXM.com within 5 days, that the vehicle and title are available for pick up. Following notification, the Dealer will have the standard number of days allowed to pick up the vehicle before late-payment and storage fees apply.
AuctionXM reserves the right not to release any vehicle for any reason.
AuctionXM shall not be responsible for damage that is brought to the attention of AuctionXM management after the vehicle is retrieved (picked up) at auction. Buyer will have been deemed to accept delivery of the vehicle in its present condition once the auction is completed and the vehicle is available to be picked up by the Buyer.
AuctionXM reserves the right to increase a dealers bid by one increment at its discretion.
Minors under the age of eighteen are not eligible to use the services provided though this website or to register for any accounts. You are fully responsible for your child's online conduct and the consequences of any misuse of the Service by your child.
10. AUCTIONXM.COM CONTENT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will AuctionXM be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Service. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users are those of the respective author(s) or distributor(s) and not of AuctionXM.
You acknowledge and understand that you are solely responsible for the retrieval and use of the Content, transactions, products or services available on or through the Service. You should apply your own judgment in making use of the Content, including, without limitation, the use of the Content as the basis for any conclusions or for the sale or purchase of any vehicles or services or other transactions.
11. THIRD PARTY CONTENT
The Service may provide links to other websites or resources. Because AuctionXM has no control over such websites and resources, you acknowledge and agree that AuctionXM is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that AuctionXM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in the promotions of, sellers, dealers, brokers and advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Seller or Advertiser. You agree that AuctionXM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Sellers or Advertisers on the Service.
You acknowledge that AuctionXM does not pre-screen Content, but that AuctionXM and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, AuctionXM and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by AuctionXM or submitted to AuctionXM, including, without limitation, information in the message centre, professional profiles, customer projects, and in all other parts of the Service.
You acknowledge and agree that AuctionXM may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with a legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of AuctionXM, its users and the public.
14. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that AuctionXM may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that messages, profiles or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on AuctionXM's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that AuctionXM has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that AuctionXM reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that AuctionXM reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
15. MODIFICATIONS TO SERVICE
AuctionXM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AuctionXM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
16. TERMINATION OF ACCESS
You agree that AuctionXM, in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if AuctionXM believes that you have violated or acted inconsistently with the letter or spirit of the TOU. AuctionXM may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that AuctionXM may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that AuctionXM shall not be liable to you or any third-party for any termination of your access to the Service.
You agree to indemnify and hold AuctionXM, and its parent company, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.
18. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Additionally, you agree not to engage in any type of data scraping, copying including mass copying, or spidering with regards to this site.
19. AUCTIONXM.COM’s PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Services ('Software') contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by AuctionXM or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. AuctionXM grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by AuctionXM for use in accessing the Service.
20. TRADE-MARK INFORMATION
AuctionXM, the AuctionXM logo, and other AuctionXM brand names and logos are trade-marks of AuctionXM Inc. All other company names, brand names and logos used on AuctionXM are the trademarks of their respective owners. You agree not to display or use in any manner any of the trade-marks without express written permission from AuctionXM or the trade-mark owner.
21. COPYRIGHT INFORMATION
The Content on AuctionXM is protected by various copyright laws. You agree not to reproduce, republish or redistribute any Content, including, but not limited to, caching, framing and similar means, without express written permission of the copyright owner. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us immediately.
22. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AuctionXM EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- b. AUCTIONXM MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS THAT: (i) THE SERVICE OR RESULTS DERIVED FROM THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED BY YOU THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS (VEHICLES), SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND (V) ANY DEFECTS OR ERRORS WILL BE CORRECTED.
- c. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU ALSO UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL, INFORMATION, AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SERVICE.
- d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AUCTIONXM.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
23. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AUCTIONXM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AUCTIONXM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU AGREE THAT THE LIABILITY OF AUCTION AND ITS PARENT, AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY ARISING OUT OF OR OTHERWISE RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO AUCTIONXM FOR USE OF THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
24. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United State or the country in which you reside.
25. NO AGENCY
You and AuctionXM are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this TOU.
26. GENERAL INFORMATION
The TOU constitutes the entire agreement between you and AuctionXM and govern your use of the Service, superseding any prior agreements between you and AuctionXM . You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
You and AuctionXM expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Sale of Goods Act (Ontario), as amended, replaced or re-enacted from time to time.
The laws of the state of Georgia and the federal laws of the United States shall apply without regard to the conflict of laws principles. The Service and the Content are not to be construed as any form of recommendation, promotion, endorsement, or an offer to sell any product or service, by or to enter any transaction with AuctionXM.
You and AuctionXM agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Georgia in the United States. The failure of AuctionXM to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use shall be resolved by binding arbitration held in Atlanta, Georgia, United States and before a single arbitrator, who is independent of the parties, legally trained and experienced in the field of information technology, in accordance with the Arbitration Act, 1991, S.O. 1991, c. 17. Please see our Frequently Asked Questions section if you would like some additional information related to how auctions work on our site.