Updated Terms and Conditions
Last modified: 1/3/2018
2. Dealer Account. Once you have registered your account on the Site, you will be issued a unique username and password which you will use to access the Site. RMS Automotive participates in the AuctionACCESS® registration system, and the AuctionACCESS number and other registration information assigned to your Dealership during the AuctionACCESS registration process will be linked to the Dealership’s account and used for purchases made by the Dealership and its users on the Site. You are responsible for protecting your username and password and your Dealership is fully responsible for all purchases and other activities that are made or initiated using your account or your username and password (including, without limitation, any purchases or other activities made or initiated by any person that is designated as an "Authorized Representative" or "Authorized User" of the Dealership in the AuctionACCESS system). The Dealership unconditionally guarantees all purchases and other transactions may or initiated using any Dealership account on the Site.
3. Accuracy of Information. You certify that all registration and representative information you have provided to us, via AuctionACCESS and otherwise, is true, correct, and complete. You agree to promptly update your information via AuctionACCESS if there is any change to the information you have provided.
4. Proxy Bidding. The Site may allow you to place automatic proxy bids, which allows you to specify in advance your "Max Bid" for a particular Vehicle. If you place a proxy bid on the Site, the system will automatically bid on the applicable Vehicle for you in the bidding increments indicated on the listing, up to your specified "Max Bid". You may also have the ability to place a "Match Reserve" proxy bid for a particular Vehicle where the system will automatically increase your final bid to match the designated reserve price for the Vehicle if you are the highest bidder, the reserve price has not been met and your Max Bid is higher than the reserve price. Proxy bids are confidential and will not be known to other bidders or to BMW FS. Sometimes there may be multiple bids for a Vehicle in the same amount. In these cases, priority is given to the highest bid that is placed first, either by regular bid or by proxy bid.
5. Vehicle Condition and History Reports. Vehicles listed on the Site may have been assigned an AutoGrade Condition Score based on the overall condition of the Vehicle, and may also include an AutoCheck and/or Carfax vehicle history report ("VHR"). AutoGrade Condition Scores and VHRs are issued and provided by third parties. BMW FS and RMS automotive make no representation, warranty or guaranty of any kind or nature regarding the accuracy or completeness of any autograde condition score or VHR. Once you have purchased a vehicle, it is your responsibility to inspect the vehicle and ensure that any missing equipment, undisclosed damage or other issues are acknowledged in writing immediately, before you take possession of the vehicle. BMW FS may not announce every vehicle as having been part of a National Highway Traffic and Safety Administration but makes every effort to repair such vehicles prior to listing them for sale on the Site. All buyers have a responsibility to confirm any DMV fees currently due prior to bidding as BMW FS will not cover outstanding fees owed.
6. Vehicle Arbitration. Any issues or disputes involving a Vehicle purchased on the Site will be resolved exclusively through the arbitration process established and administered by BMW FS (with the assistance and support of RMS Automotive). The NAAA Arbitration Policy is used by BMW FS as a general guideline for vehicle arbitrations, but BMW FS reserves the right to establish its own arbitration process and policies and to make all arbitration decisions, which shall be final.
12. Vehicle Transportation; Risk of Loss. You are responsible for the transportation of any Vehicle purchased on the Site. Vehicles must be picked up by the Dealership or its designated transport agent or other representative by no later than the sixth (6th) day following the date of sale (the "Vehicle Pick Up Deadline"). If a Vehicle is not picked up by such date, RMS Automotive reserves the right to (a) cancel the transaction; (b) arrange for the transport and delivery of the Vehicle using a carrier of RMS Automotive’s choosing (at the Dealership’s expense); (c) suspend your account or buying privileges on the Site; and/or (d) assess the Dealership a daily storage fee for the Vehicle, not to exceed $25.00 per day. Responsibility and risk of loss for a Vehicle will pass to the buyer at the earlier of (i) such time as the buyer or its transport agent or other representative takes possession or control of the Vehicle, or (ii) the Vehicle Pick Up Deadline. The buyer and its transport agent are responsible and liable for any damages and other liabilities that may arise during or in connection with the transport or delivery of a Vehicle (“Transportation Claim”), regardless of whether RMS Automotive may have provided assistance or support in arranging for the transport or delivery of the Vehicle. You acknowledge and agree that your only recourse or remedy for Transportation Claims, if any, shall be to and against the third-party carrier, its insurer, your own insurer, or the third-party that caused the alleged damage, and not to, against, or involving us. You must present your gate release documentation when picking up your Vehicle.
13. Off-Site Dealership Vehicles. For any vehicle(s) physically located away from an auction facility when auctioned online, the buyer must present to the off-site grounding dealership, or other storage facility, the proper gate release documentation issued by BMW FS and/or RMS Automotive (e.g., the bill of sale). It is the responsibility of the off-site grounding Dealership or storage facility, acting as agent for BMW FS, to verify the authenticity of the buyer’s gate release documentation before releasing the Vehicle(s). by comparing it to the gate release documentation provided directly to the off-site dealership by BMW FS and/or RMS Automotive.
14. Buyer/Dealership Acknowledgments. You acknowledge and agree that RMS Automotive is merely performing a service on behalf of BMW FS, and that RMS Automotive makes no representation, warranty or guaranty or any kind or nature with respect to any Vehicle (including any odometer reading or any related odometer statement or certification) or any transaction that takes place on or through the Site, or regarding the availability or functionality of the Site (and all such representations, warranties and guaranties are expressly disclaimed by RMS Automotive). You further acknowledge and agree that BMW FS and RMS Automotive retain the right to cease doing business with you (or any of your agents or representatives) or with any other dealer at any time and for any reason, and may discontinue the Site or your ability to purchase Vehicles or continuing using the Site at any time and for any reason. By purchasing a Vehicle on the Site, you are certifying to BMW FS and RMS Automotive that the Vehicle is being purchased for resale in the ordinary course of your business, and that you hold all necessary federal, state and provincial, as applicable, sales tax exemption certificates and similar documents required by the governing laws of your jurisdiction.