Updated Terms and Conditions
Last modified: September 14th, 2017
2. DealerAccount. Once you have registeredyour account on the Site, you will be issued a unique username and passwordwhich you will use to access the Site. RMS Automotive participates in theAuctionACCESS® registration system, and the AuctionACCESS number and other registrationinformation assigned to your Dealership during the AuctionACCESS registrationprocess will be linked to the Dealership’s account and used for purchases madeby the Dealership and its users on the Site. You are responsible for protectingyour username and password and your Dealership is fully responsible for allpurchases and other activities that are made or initiated using your account oryour username and password (including, without limitation, any purchases orother activities made or initiated by any person that is designated as an"Authorized Representative" or "Authorized User" of theDealership in the AuctionACCESS system). The Dealership unconditionallyguarantees all purchases and other transactions may or initiated using anyDealership account on the Site.
3. ProxyBidding. The Site may allow you toplace automatic proxy bids, which allows you to specify in advance your"Max Bid" for a particular Vehicle. If you place a proxy bid on theSite, the system will automatically bid on the applicable Vehicle for you inthe bidding increments indicated on the listing, up to your specified "MaxBid". You may also have the ability to place a "Match Reserve"proxy bid for a particular Vehicle where the system will automatically increaseyour final bid to match the designated reserve price for the Vehicle if you arethe highest bidder, the reserve price has not been met and your Max Bid ishigher than the reserve price. Proxy bids are confidential and will not beknown to other bidders or to BMW FS. Sometimes there may be multiple bids for aVehicle in the same amount. In these cases, priority is given to the highestbid that is placed first, either by regular bid or by proxy bid.
4. VehicleCondition and History Reports.Vehicles listed on the Site may have been assigned an AutoGrade Condition Scorebased on the overall condition of the Vehicle, and may also include anAutoCheck and/or Carfax vehicle history report ("VHR"). AutoGradeCondition Scores and VHRs are issued and provided by third parties. BMW FS andRMS automotive make no representation, warranty or guaranty of any kind ornature regarding the accuracy or completeness of any autograde condition scoreor VHR. Once you have purchased a vehicle, it is your responsibility to inspectthe vehicle and ensure that any missing equipment, undisclosed damage or otherissues are acknowledged in writing immediately, before you take possession ofthe vehicle. BMW FS may not announce every vehicle as having been part of aNational Highway Traffic and Safety Administration but makes every effort torepair such vehicles prior to listing them for sale on the Site. All buyershave a responsibility to confirm any DMV fees currently due prior to bidding asBMW FS will not cover outstanding fees owed.
5. ArbitrationProcess. Any issues or disputesinvolving a Vehicle purchased on the Site will be resolved exclusively throughthe arbitration process established and administered by BMW FS (with theassistance and support of RMS Automotive). The NAAA Arbitration Policy is usedby BMW FS as a general guideline for vehicle arbitrations, but BMW FS reservesthe right to establish its own arbitration process and policies and to make allarbitration decisions, which shall be final.
11. VehicleTransportation; Risk of Loss.The buyer is responsible for the transportation of any Vehicle purchased on theSite. Vehicles must be picked-up by the Dealership or its designated transportagent or other representative by no later than the fifth (5th) day followingthe date of sale (the "Vehicle Pick-Up Deadline"). If a Vehicle isnot picked up by such date, RMS Automotive reserves the right to (a) cancel thetransaction; (b) arrange for the transport and delivery of the Vehicle using acarrier of RMS Automotive’s choosing (at the Dealership’s expense); (c) suspendthe Dealership’s account or buying privileges on the Site; and/or (d) assessthe Dealership a daily storage fee for the Vehicle, not to exceed $20.00 perday. Responsibility and risk of loss for a Vehicle will pass to the buyer atthe earlier of (i) such time as the buyer or its transport agent or otherrepresentative takes possession or control of the Vehicle, or (ii) the VehiclePick-Up Deadline. The buyer and its transport agent are responsible and liablefor any damages and other liabilities that may arise during or in connectionwith the transport or delivery of a Vehicle, regardless of whether RMSAutomotive may have provided assistance or support in arranging for thetransport or delivery of the Vehicle.
12. Dealer Acknowledgments. You acknowledge and agree that RMS Automotiveis merely performing a service on behalf of BMW FS, and that RMS Automotivemakes no representation, warranty or guaranty or any kind or nature withrespect to any Vehicle (including any odometer reading or any related odometerstatement or certification) or any transaction that takes place on or throughthe Site, or regarding the availability or functionality of the Site (and allsuch representations, warranties and guaranties are expressly disclaimed by RMSAutomotive). You further acknowledge and agree that BMW FS and RMS Automotiveretain the right to cease doing business with you (or any of your agents orrepresentatives) or with any other dealer at any time and for any reason, andmay discontinue the Site or your ability to purchase Vehicles or continuingusing the Site at any time and for any reason. By purchasing a Vehicle on theSite, you are certifying to BMW FS and RMS Automotive that the Vehicle is beingpurchased for resale in the ordinary course of your business, and that you holdall necessary federal, state and provincial, as applicable, sales tax exemptioncertificates and similar documents required by the governing laws of yourjurisdiction.