Dealer Registration Agreement
Dealer Registration Agreement
This Dealer Registration Agreement, is made and entered into by and between a California Used Car Dealer (“Dealer”) and BuyAuctionAuto.com (Auction). In consideration of the following recitals, representations, guarantees, covenants and agreements contained herein, Dealer and Auction agree as follows:
1. Dealer represents that it is a licensed vehicle dealer engaged in the business of buying and selling vehicles.
Dealer represents that all information provided hereon is true and correct.
2. Dealer recognizes and acknowledges that Auction is not to be deemed to be the seller of any vehicle for any purpose nor is it the transferor required to give the Federal Odometer Mileage Statement in connection with any sale at this auction. The Seller named on the Bill of Sale is the transferor.
3. All sales at the Auction are conducted under published Auction Rules/Policies. Dealer agrees to be bound by Auction Rules/Policies, as amended from time to time.
4. Dealer will provide a contact persons to Auction to act as “Authorized Agents” that are duly authorized by Dealer to sell vehicles via Auction’s Website. The authority of such persons to act on behalf of Dealer shall continue in full force and effect until terminated by Dealer in writing to the Auction. Dealer does hereby guarantee all transaction made by such persons, and does indemnify and hold harmless the Auction from all loss or expense caused it as a result of any such transaction including, but not limited to, losses from dishonored checks or drafts, defective titles, and false or inaccurate Odometer Mileage Statements as well as any expense incurred in attempting to collect such losses, including attorney’s fees.
5. With respect to each and every vehicle listed by Dealer to Auction’s website, Dealer represents to Auction and to the buyer of that vehicle that:
a. The vehicle is in a safe condition to operate on the public highways and complies with applicable laws, including laws relating to safety and performance;
b. Dealer will fully and accurately disclose the description, condition, known defects and mileage of the vehicle and be solely responsible for such representations;
c. Dealer is the true and lawful owner of the vehicle;
d. Dealer has good and right power to sell the vehicle;
e. Dealer guarantees, without exception, that title to the vehicle is free and clear of all encumbrances and other defects, and Dealer will hold the buyer and the Auction harmless for any loss, liability, or expense resulting from any defect in such title;
f. Dealer agrees to pay Auction $0 auction fee for any vehicle which goes through Auction but is not sold.
g. Dealer will hold harmless and indemnify Auction and the buyer of the vehicle against any loss resulting from the breach of the
Dealer’s warranty of title to the vehicle or of any warranty or representation contained herein;
h. The vehicle has been inspected and it is “Green-Light”;
i. Dealer only post vehicles that are “Green-Light” and in good condition with no mechanical and electrical problem.
6. With respect to each and every vehicle sold by Dealer, Dealer agrees that:
a. Auction does not inspect vehicles posted to its website for sale; rather, the seller/Dealer is responsible for all representation of description, condition and mileage and for disclosure statements relating to vehicle;
b. Dealer will pay Auction the auction fee of $499 per sold vehicle via eCommerce in Auction’s website.
7. Dealer guarantees to the buyer good and valid title to each vehicle bought at Auction’s website.
8. This Agreement may be terminated by Auction at any time with or without cause. The parties’ obligations under this Agreement with respect to transactions completed prior to termination shall survive termination.
9. This Agreement may be amended at any time with or without notice. A copy of the new agreement will be available on the website.
