BACKLOT AUCTIONS, LLC

Terms and Conditions EFFECTIVE DATE: June 1st, 2019

These Terms and Conditions (“Terms and Conditions”)as set forth herein, and which may be amended from time to time, shall govern the relationship and become a part of any and all transactions hereafter undertaken by, between, and among the persons or entities using the auction services (“Member”), and BACKLOT AUCTIONS, LLC (“BLA”). These Terms and Conditions and any amendments to them will be effective immediately upon the Effective Date. Member’s access or use of BLA’s services following the Effective Date will constitute full acceptance of the then current Terms and Conditions...

I. GENERAL TERMS

Scope and Purpose. The BLA website is a virtual, wholesale vehicle marketplace, where public buyers and sellers can easily and efficiently buy and sell vehicles outside physical auction lanes. Sellers – General Public consignors, wholesalers, brokers and dealers – list vehicles for sale through the BLA website. Each listing includes a vehicle identification number and description, seller disclosure(s) regarding vehicle condition, and a starting bid price.Member wishes to participate in the BLA auctions and voluntarily agrees to these Terms and Conditions in consideration of BLA permitting such participation. Breach of these Terms and Conditions may result in the assessment of penalties, and/or temporary or permanent suspension of auction privileges.

Member’s Eligibility. Member may be General Public, Dealer, Wholesaler, or Recycler. Member agrees that these Terms and Conditions shall apply to all transactions by which Member sells vehicles as “Seller”, or in which Member purchases vehicles as “Buyer”. BLA reserves the right to deny Member privileges to, or exclude from BLA, any individual or entity, in its sole and absolute discretion.

Member’s Registration.In order to participate in BLA’s auctions, Member shall complete the on-line registration process, including submission of the required documents. Upon completion of the registration process, BLA will review all information and then approve or deny Member for participation in future sales. If BLA has reasonable grounds to suspect that information a Member provides as part of his registration is untrue, inaccurate, not current, or incomplete, BLA has the right to suspend or terminate the representative’s account and refuse any and all current or future use of the BLA website.

Sharing of Member Name and Password. Member and it’s representatives are responsible for maintaining the confidentiality of Member Name and Password, and Member is responsible for all activities that occur under its account.If Member discovers or suspects any unauthorized use of its account, Member should contact BLA immediately.

Eligibility and Applicable Rules. Failure of Member to comply with any or all of the Terms and Conditions set forth herein may result in the suspension or termination of Member’s privileges of transacting business with BLA.

Changes to Terms and Conditions. BLA, at its sole discretion, may amend these Terms and Conditions without sending notice to Members. The amended Terms and Conditions will be effective immediately upon posting to the BLAs website or/and Member’s continued access and use of BLA website following such amendment will constitute full acceptance of any such changes. Notwithstanding the date executed by Member, these Terms and Conditions are effective on any transaction that occurs on or after the Effective Date

II. AUCTIONS AND AUCTION TRANSACTIONS

Information about a particular vehicle listed by BLA is supplied by the Member/Seller of the vehicle, and not by BLA. BLA does not make any representations or warranties with respect to the accuracy or completeness of such information or the condition of any vehicles. Responsibility for the information contained in vehicle listings lies with each Member/Seller.BLA will review and approve, or deny, all listings posted to the BLA website. BLA reserves the right (but assumes no obligation) to delete, move, or edit any listings that BLA considers unacceptable or inappropriate, whether for legal or other reasons. VEHICLES ARE ALL SOLD AS IS - WHERE IS – HOW IS and WITH ALL FAULTS, known, apparent, or otherwise.All Members agree that BLA 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.

In BLA auctions, all vehicles listed for sale have a designated “close time” when the auction ends.Member/Buyers may enter their “maximum bid” for the vehicle by clicking on the “Bid Now” button.The Member/Buyer can raise their maximum bid at any time.BLA auctions also have a “Buy It Now” feature that allows any Member/Buyer to terminate the auction and purchase a vehicle or item by placing a bid for the predetermined value established by Member/Seller.

Auctions may contain listings WITH reserve.The amounts and placement of reserve bids on items before, during or after an auction, are at the sole discretion of BLA.The high bid on a listing may not result in a final sale if the reserve has not been met by the end of the auction.

BLA reserves the right to reject or void bids for any reason in BLA’s sole and absolute discretion.Should a dispute arise regarding a bid, BLA is the exclusive deciding authority with sole and absolute discretion in resolving disputes.Members agree to indemnify, defend, and hold BLA harmless from any and all liability arising out of decisions made in resolving disputes.

BLA may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from a sale.BLA will neither have liability nor obligation to Members as a result of any vehicle withdrawal, or sale cancellation or postponement.

No Member, or any of Member's representatives may contact another Member, Buyer or Seller, to sell or purchase a vehicle listed on BLA outside of BLA. Repeated attempts to do WILL result in termination of Member's access to BLA.BLA is a service company and does not take title to, purchase or sell Vehicles. Rather, BLA facilitates the exchange of vehicles between Member/Sellers and Member/Buyers at the Auction. All Vehicles offered for sale at auction by Member/Seller are deemed consigned and are offered for sale by BLA on Member/Seller’s behalf. BLA, at its sole discretion, reserves the right to refuse to accept or to remove from an Auction any vehicle to be offered for sale. In any vehicle purchase transaction, BLA shall not be deemed or considered the vehicle’s seller under any circumstances, but shall be deemed a third party beneficiary of such contract, entitled to the parties’ performance and to seek legal remedies for the parties’ breach.

BLA strives to provide high-quality service, but does not represent or guarantee that its on-line service will be secure, uninterrupted, accurate, current, complete or error-free.Neither BLA nor any internet service provider is responsible for:failures of any telephone network, computer equipment and/or software; lost or delayed transmission of data; inaccurate data entry or omission; technical malfunction; service interruption; defect or any other type of technical difficulty or failure.Members assume sole responsibility for any damage incurred by Member or to Member’s computer or communication system and equipment due to Member’s use of BLA’s systems and any resulting loss of data, or interruption of use that may occur as a result of downloading or obtaining material through the use of our service.

III. ADDITIONAL TERMS AND CONDITIONS FOR MEMBER/SELLERS

When Member offers a vehicle for sale through BLA, Member must be prepared to sell that vehicle at the price at which, and the terms on which, Member has listed it. Member must have the ability to transfer title of the actual vehicle listed.If vehicle is determined to be an abandoned vehicle. The seller must provide all documentation necessary for buyer to obtain title. Once a listing has been approved by BLA and placed in an auction, Member/Seller may not remove the listing.

All Member/Seller Fees are due at time of listing, the listing transaction will not be complete until payment has been authorized and submitted.

Member agrees that BLA may reject any vehicle listing in BLA's discretion. Member also agrees that positioning of listings is at BLA's discretion.

Member represents and warrants that it has all rights necessary to make available its vehicle listings information to BLA, that any vehicle listings information it makes available to BLA will be truthful and accurate, and that BLA's access, distribution, and use of the vehicle listings information as contemplated by this Agreement will not violate any applicable law, rule or regulation and will not infringe any rights of any third party, including, but not limited to, any contractual rights, copyright, trademark, patent, or trade secret rights or any right of privacy or publicity. Member will indemnify and hold BLA, and its employees, harmless against any and all expenses and losses of any kind (including reasonable attorneys' fees) incurred by them in connection with any breach or alleged breach of any of the foregoing representations and/or warranties, and/or resulting from any mistake or inaccuracy in vehicle listings information made available by Member (or on Member's behalf), and/or arising out of BLA's use of vehicle listings information made available by (or on behalf of) Member. By submitting material to BLA, Member is permanently granting BLA all rights to the material, including the right to modify the material, to display and distribute the material and otherwise use it commercially, and to maintain the material in an archive.

Member represents and warrants that (i) it is the true and lawful owner of each vehicle listed on BLA on Member's behalf, (ii) that the same is free from all liens and encumbrances, (iii) that Member has the good right and full power to sell and transfer title to the same, and (iv) that Member will warrant and defend the same against the lawful claims and demands of all persons whomsoever.

Run and Drive - Guaranteed:Drivetrain guaranteed to not need repairs exceeding $400. If repairs exceed $400 the sale may be null & void or open to negotiation for buyer and seller to close the deal AS IS. Drivetrain is defined only as engine, transmission, axels, rear end and driveshaft's. BLA must be notified of needed repairs with in one hour of vehicle being removed from sellers facility; once hour is up guarantee is void. If vehicle has not been removed from sellers facility by 3pm CST on the Monday following the sale; guarantee changes to AS-IS. If you have an arbitration to submit please call (563) 552-7317.

IV. ADDITIONAL TERMS AND CONDITIONS FOR MEMBER/BUYERS.

Member understands and agrees that it may not retract any bids to purchase a vehicle via BLA without BLA's express written permission. The submission of a bid for a vehicle by Member/Buyer automatically becomes a legally binding contract to purchase the vehicle from the Member/Seller at the price and on the terms bid by Member/Buyer.Once a bid has been submitted, it cannot be retracted, deleted, or cancelled.

 

 

 

 Title transfer to Buyer will occur when all funds transfer through Financial Institutions and is reconciled with BLA. This may take 10 to 14 business days for all transaction to clear.

 

 

By clicking the "I agree" check box and the "Bid" or "Buy Now" button, you are agreeing to all of the policies, and the Terms and Conditions, and agree that each BLA sale transaction Member engages in will be governed by such Terms and Conditions. The Terms and Conditions will be enforceable against Member like any written negotiated agreement signed by Member. If Member does not agree to these Terms and Conditions, do not click the "I Agree" checkbox.

Member/Buyers will have 24 hours from the vehicle award time to pay for purchases in full.If total payment is not received in 24 hours, Member/ Buyer will be charged a $50/day late fee, and if payment has not been received in 72 hours BLA will pull vehicle from Member/Buyer’s account and suspend Members account.Member’s account will be charged an Offense fee ($500 on winning bids up to $5,000, or !0% of winning bids greater than $5,000), and a Reinstatement fee ($200 for 1st time, $300 for 2nd time, $400 for 3rd time, and so on), and will not be able to bid in auctions until Offense fee and Reinstatement fee have been paid in full.

Your winning lot is sold AS IS WHERE IS. If special loading and or rigging is required at the point of origin. The loading and or Rigging company will have additional fees to be paid at time of loading. Buyer must schedule pickup at location through the Seller. Buyer is responsible for all additional fees.  

All Vehicles must be hauled and or towed from the Sellers facility or location the vehicle is located at. 

 

 

 

V. OTHER TERMS

Member shall not under any circumstance stop payment on an instrument, refuse to honor an instrument or withdraw an instrument. Member represents and warrants at the time of issuance and at the time such instrument is or was presented for payment, the account upon which such instrument is drawn contains then available funds sufficient for payment of that instrument.Upon return of any NSF, a service charge up to the maximum amount allowed by law will be imposed and must be paid immediately. BLA may review Member’s financial position and, may at its sole discretion, impose whatever purchase or payment restrictions BLA may deem necessary to protect BLA’s interest, which may include but is not limited to, requiring that all purchases be made in cash or certified funds. These rights set forth above will be in addition to and not exclusive of any other remedy available to BLA, whether at law or in equity. Member shall pay all legal costs, including, without limitation, attorney fees, court costs and other expenses necessary for BLA to collect any monies owed by Member.

Member represents and warrants that the financial and other factual information presented to BLA is true, complete and accurate. Member authorizes a review of Member’s credit history and any other history deemed necessary by BLA, including, without limitation, Member’s lending institution accounts. Member shall notify BLA immediately of any change of its principal financial lending institutions; or any other material changes in information provided to BLA.

Member/Buyer acknowledges that with respect to purchased vehicles, BLA has assumed no responsibility to investigate Member/Seller’s title or to otherwise identify defects in Member/Seller’s title or title documents, and makes no warranty whatsoever regarding title or title documents.

Member/Buyer also acknowledges that with respect to purchased vehicles with abandonment paperwork, the title State is the only one that will accept such paperwork as title documents.

 

Member/Buyers acknowledge and agree they are responsible to arrange and pay for transport of vehicles purchased through BLA.

The risk of loss for a vehicle shifts from the Member/Seller to the Member/Buyer at the time vehicle is awarded to Member/Buyer (i.e. deemed sold by BLA).

Member shall indemnify, defend and hold harmless BLA, affiliates, directors, officers, agents, employees, representatives, and as necessary, other Members, from and against any liability, loss, damage, cost, expense, claim, suit or demand, including, without limitation, attorneys’ fees and other legal costs, resulting from, arising out of or connected, directly or indirectly, with any claim of breach of warranty or by a breach by Member of any of these Terms and Conditions, including, but not limited to, all claims, allegations, and demands whatsoever challenging the validity of Member/Seller’s title or title documents.

Any activity in which a Member on its own or in concert with others attempts to artificially inflate or decrease the selling price of a Vehicle is strictly prohibited. Neither Member nor any of its Authorized Users, or agents may directly or indirectly bid on any Vehicle listed by Member/Seller with BLA for the purposes of attempting to increase the sale price. Notwithstanding the prohibitions set forth in this section, Member understands that such activity by others is beyond the control of BLA, and BLA assumes no duty to prevent or discover such activity, and is not responsible to Buyer or Seller for such activity by third parties. In the event Member and/or its representatives are found to be engaged in such activities, BLA, in its sole discretion, may suspend or permanently revoke Member’s purchasing/selling privileges at BLA regardless of whether Member benefited from such activities.

These Terms and Conditions, and any and all agreements or authorizations executed by Member or BLA in connection herewith shall be governed by and interpreted in accordance with the substantive laws of the State of Iowa without resort to principles of conflicts of laws.