Terms & Conditions
1) All vehicles and their contents will be sold “AS IS, WHERE IS,” with no warranties, either expressed or implied, including, but not limited to the warranty of merchantability. Buyer agrees that vehicles are purchased “With All Faults.” The bidder is responsible for inspecting vehicles prior to bidding. All sales are final. NO REFUNDS. There are also “Buyer Fees” associated with each vehicle that you must add to your bid price. These buyer fees are posted on the auction list that is given to you at the time of our auction and posted at our facility.
2) Express Auto Auction is not responsible for printed errors or omissions in regard to year, make, model or mileage of vehicles or any other defect in the title or registration paperwork, including the license plate expiration.
3) The buyer must register the vehicle with the state Motor Vehicle Department after purchasing it. Buyer assumes full responsibility for transfer and ownership.
4) A $500.00 deposit must be paid in cash, in person prior to bidding. The balance due on any vehicle purchased MUST be paid by Thursday following the auction or the bidder will lose/forfeit their deposit(s). Payment(s) must be made by cash, money order, or cashier's check only.
5) Buyer is responsible for all DMV and Emission Fees. All emission related repairs are the responsibility of the buyer.
6) Express Auto Auction reserves the right to accept bid increments that they feel is in the best interest of the sale.
7) Express Auto Auction and its representatives do not in any way guarantee the odometer to be actual, true or correct. All vehicles sold through the sale are sold “TRUE MILEAGE UNKNOWN” or “NOT ACTUAL MILES” unless explained otherwise.
8) Express Auto Auction reserves the right to bid on any vehicle.
9) Each vehicle has a sale number that corresponds to the number on your sale list. Please make sure you bid on the correct vehicle. If you do not, and you are the highest bidder, you must still purchase that vehicle. If you fail to purchase that vehicle, your future bidding privileges will also be forfeited as well as your deposit.
10) Absolutely no working on vehicles in the yard. No exceptions!
11) Any person who removes parts and or property/damages/alters the mechanical settings of vehicles prior to or during the sale will be charged with vandalism. Any theft including removal of keys or tampering with the vehicles will also result in prosecution. Penal Code Section: “594.(a) Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, (1) Defaces, (2) Damages, (3) Destroys, in cases other than those specified by state law, is guilty of vandalism.”
12) The bidder is responsible for vehicle transportation/removal of the vehicles from the auction site. No exceptions!
13) You must be at least 18 years old in order to bid on any vehicle.
14) Do not bid on any vehicle unless you understand all the rules of this auction. Bidding implies complete knowledge.
15) Any person entering our premises for what-ever reason, agrees to indemnify, defend, and hold Express Auto Auction harmless from any and all damages, losses, liabilities, cost or expense, arising from claims made by any person for bodily injury, property damage, or any type of loss that occurred on Express Auto Auction´s premises.
Proxy Bidding allows a bidder to enter bids over the Internet. A bidder can see the current high bid on a vehicle during Proxy Bidding. Bidders enter the maximum price that they are willing to pay for a vehicle and the bidding system will incrementally bid on the vehicle on their behalf. Proxy Bidding ends as each vehicle is offered during the Real-Time Internet Auction. Bidders have the opportunity to bid against each other and the high bidder from the Proxy Bidding in Real-Time. Bidders enter bids via the Internet in real time, and the bidding system submits bids for the high bidder from Proxy Bidding up to the bidder’s maximum bid. When bidding stops, a countdown is initiated. If a new bid is received during the countdown, the countdown resets. In addition, Express Auto Auction may also, in its sole discretion, extend or reset any countdown.
Prior to bidding on a vehicle, every public bidder is required to post a cash deposit, in person of $500.00 that will be applied towards the final purchase price including fees. If you, the bidder, fail to obtain the balance of the purchase price, or fail to proceed with the sale within 48 hours of the sale, the deposit becomes non-refundable as liquidated damages not a penalty, and is forfeited. Every bidder is required, within 48 hours of the sale, to pay for purchases in full including fees, if a dealer bidder fails to proceed with the sale, the dealer bidder is required to post a relist fee of $500.00 or be subject to revocation of bidding privileges, up to and including legal proceedings through Express Auto Auction.
Bidding on vehicles offered by Express is open to individuals 18 years of age and older who can form legally binding contracts under applicable law. In addition, seller specific requirements and applicable federal, state, and local laws, regulations and restrictions may further limit bidding eligibility. Express reserves the right to deny bidding privileges to any individual or entity in its sole and absolute discretion.
Buyer is solely responsible for verifying vehicle year, make, model, and serial number against the title prior to leaving Express premises. Upon removal of a vehicle, Buyer shall be deemed to have waived any objections to title information discrepancies.
Know what you are buying. Please examine vehicles before bidding, including online images, announcements, and condition report. All vehicles are sold AS-IS, none of them have been inspected by a mechanic. If you are not familiar with vehicles and their mechanical systems, buyer beware. Test drives are not permitted.
Emissions and Safety Inspections:
Vehicles are not guaranteed to pass state inspections where applicable.
All Sales Final: Once the vehicle has been paid for, all sales are final. The last bidder is legally obligated to purchase the vehicle if the reserve is met.
Express may, in its sole and absolute discretion and without notice, postpone or cancel a sale, or withdraw an item from a sale. Express will neither have liability or obligation to Buyers as a result of any item withdrawal, sale postponement, or sale cancellation.
Express may, in its sole and absolute discretion and for any reason, limit Buyer activity, remove Buyer bids, suspend or revoke the membership of a buyer, or refuse to provide services to a buyer.
Express does not guarantee that any purchased vehicle is eligible to pass through any foreign country customs. It is the sole responsibility of the Buyer to ensure compliance with U.S. and foreign laws and regulations regarding the import and export of items purchased through Express, and to pay all export or import taxes, fees, or duties associated with such purchases.
Sales Tax Indemnification:
Buyers purchasing vehicles form Express at wholesale pursuant to a sales tax exemption certificate agree to indemnify, defend, and hold Express harmless from any and all sales tax assessments, fines, penalties, damages, and costs, including attorneys fees, incurred as a result of a determination by taxing authorities that the transaction was subject to the payment of sales, use, or excise tax.
"If Sale" Vehicles:
A vehicle sold "If Sale" will not be released to buyer unless and until the seller notifies Express of its acceptance of the high bid. In some instances, it may take up to two(2) business days after the day of the sale for the seller to notify Express of high bid acceptance. Buyer will receive an email notification when Seller approval has been received.
Where applicable pursuant to state/local law, Buyer may not remove vehicle from Express premises without first obtaining registration tags and/or insurance. Please contact the specific auction in regards to this situation.
Venue, Jurisdiction, and Service of Process:
Buyer acknowledges and accepts the following as conditions to membership with Express:
¤ Any action or proceeding arising out of a vehicle purchased through Express shall be litigated in the state and county and applying the laws of the state and county in which Express stored the vehicle at the time of the sale. Buyer consents to the jurisdiction and venue of the courts described above.
¤ Buyer consents to the service of process by a certified or registered mailing of the summons and complaint to the last address provided by Buyer to Express.