Auto Rebuilders Inc.

MEMBER TERMS AND CONDITIONS

The Website and your membership is provided by Auto Rebuilders, Inc, a Tennesee Corporation, with a principal place of business located at 547 E Sullivan Street, Kingsport, TN 37660.

THESE MEMBER TERMS AND CONDITIONS CONSTITUTE A LEGAL, BINDING AGREEMNT BETWEEM YOU AND AUTO REBUILDERS INC, AND AFFECT YOUR LEGAL RIGHTS AGAINST AUTO REBUILDERS, INC. THUS, YOU SHOULD READ THESE MEMBER TERMS AND CONDITIONS CAREFULLY IN THEIR ENTIRETY BEFORE ACCEPTING THEM. BY REGISTERING WITH Auto Rebuilders, Inc, YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND YOU ARE REGISTERING WITH AND PURCHASING VEHICLES FROM AUTO REBUILDERS, INC, AND NOT FROM AFFILIATE AUTO AUCTIONS. BY PLACING A BID THROUGH AUTO REBUILDERS, INC, OUR AFFILIATE AUTO AUCTIONS AUCTION, YOU REPRESENT AND WARRANT TO AUTO REBUILDERS, INC, THAT YOU HAVE READ AND UNDERSTOOD THE MEMBER TERMS AND CONDITIONS IN THEIR ENTIRETY AND THAT YOU AGREE TO BE BOUND THEREBY.

I. GENERAL TERMS, ACKNOWLEDGMENTS

A. Definitions.
For purposes of these Member Terms and Conditions, references to “we,” “our,” “us,” and “ar” shall mean Auto Rebuilders, Inc. References to “you,” “your,” and “Member” shall mean a registered user of the Website. References to the “Website” shall mean the Website located at https://www.shopautorebuilders.com and any related Website provided by us unless otherwise specified.

B. Agreement to be Bound.
The following conditions, together with the relevant information set out on our Website, including any features and services available, such as RSS feeds, podcasts, images, video and products and materials found on this Website, are subject to the Member Terms and Conditions set forth below. Please read
them carefully, as by choosing to become a Member you agree, without acceptance, to be bound hereby. By registering to become a Member you represent that you have read and understand the Member Terms and Conditions and that you agree to be bound by these Member Terms and Conditions as set forth below. You further represent that you are eighteen (18) years of age or older and have the capacity to enter into such a legally binding contract.

These Member Terms and Conditions are subject to the Privacy Policy, which also governs your use of the Website as well as the Website Terms of Service, which are incorporated herein by reference.

C. Modifications and Changes to Member Terms and Conditions.
We may modify, add to, suspend or delete the Member Terms and Conditions or other agreements, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Website. Your use of the Website as a Member after modification, addition or deletion of the Member Terms and Conditions shall be deemed to constitute acceptance by you of the modification, addition or deletion.

D. Modifications and Changes to the Website, Member Services.
We may modify, add to, suspend, or delete any aspect of this Website or any Membership Service offered by us thereby, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to functionality and services offered, other content offered, hours of availability, and equipment needed for access or use.

E. Prohibited Use of the Website, Member Account.
In addition to other prohibitions as set forth in these Member Terms and Conditions, you are prohibited from using the Website and/or any Member Account: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or materials and products found thereon, or of any related Website, other Websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, other Websites, or the Internet. We reserve the right to terminate your use of the Website for violating any of the prohibited uses or for any other reason at our sole and exclusive decision.

F. Accuracy, Completeness and Timeliness of Information.
We are not responsible if information made available on the Website is not accurate, complete or current. You acknowledge that the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

G. Right of Refusal, Limitation, and Discontinuation.
We reserve the right to refuse to provide any access to the Website and/or Member Services and/or a Member Account to anyone for any reason at any time at our sole discretion without recourse to you.  Auto Rebuilders reserves the right to deny membership privileges to, or exclude from Affiliate yards, any individual or entity, in its sole and absolute discretion.

II. MEMBERSHIP
A. Registration Required.
In order to participate in the Membership Services, such as bidding on vehicles, accessing vehicle reports, establishing a bidding limit, and benefiting from exclusive discounts and services (hereinafter, collectively, the “Membership Services”), users are required to register as Members. Access of the
Membership Services without registration shall be strictly prohibited.
B. Membership Eligibility.
Membership is limited to those persons who are eighteen (18) years of age or older and have the capacity to enter into a legally binding contract and who reside in the countries that are not currently under U.S. trade embargo restrictions. You must also hold a valid driver’s license, state-issued ID or passport and shall be required to provide proof of the same upon registration. In addition to the foregoing, state-specific registration requirements and applicable laws, regulations and restrictions may further limit Member registration and vehicle purchasing eligibility.
C. Registration Process and Procedures.
Should you meet the foregoing eligibility criteria and agree with these Terms, you will be given the opportunity to register via an online registration form so as to create a Member Account (hereinafter your “Account”), through which you may receive information from us and participate in the features of the Website, such as bid in online actions and arrange for vehicle shipment among other services. We will use the information you provide during registration in accordance with our Privacy Policy. By registering with us, you represent and warrant that all information you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Website so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Membership Terms and Conditions.
D. Multiple Accounts Prohibited.
You agree you shall not have more than one (1) Account and shall not sell, trade or transfer that Account to any other person or entity.
E. Standard Membership.
Standard Membership is free to register, has no expiration date and may be upgraded to Premium Membership at any time.
F. Premium Membership.
Premium Membership has an annual fee of One Hundred Fifty U.S. Dollars and No Cents ($150.00).  Premium membership is for one year and will downgrade to a Standard Membership if not renewed. 
G. Account Activity.
Members are responsible for all Account activity, including, without limitation, all Preliminary Bids and Virtual Bids submitted under Member's username and password through the Website or Affiliate’s Website, or through terminals located in kiosks at auction facilities. Member's Account may not be transferred or assigned to any person or entity. In the event a Member's Account or username and password are used without authorization, Member shall be responsible for all Account activity and charges incurred prior to our receipt of written notice from Member of the unauthorized activity.
H. Revocation of Membership.
We reserve the right to suspend or irrevocably revoke the Membership of a Member for any reason, at our sole and absolute discretion. Membership may be suspended for any of the following reasons, including but not limited to: improper or unprofessional conduct on the Website or on any affiliate
Website, through any electronic or non-electronic format; nonpayment of contracted agreements; or any other reason whatsoever as we and/or our affiliates deem applicable. Accounts that are suspended or revoked shall not be eligible for the refund of any Membership Fee nor shall we be liable in any manner whatsoever for said revocation or suspension or for any termination of a Member’s ability to access to the Affiliate Website.
K. Marketing and Promotional Materials.
Members agree and acknowledge that by registering for an Account they have affirmatively requested to receive marketing and promotional materials via mail, email and facsimile from us and our third-party affiliates. To unsubscribe to any promotional materials sent to you via email, simply follow the
unsubscribe information provided at the bottom of each communication.

III. MEMBERSHIP FEES & PAYMENT
A. Fees, Generally.
The prices and the terms of payment for the Membership Services are displayed at the time of registration, including at the point when the user chooses to make a purchase. All fees are displayed in U.S. Dollars (USD) and are subject to change at our sole and exclusive discretion without notice thereof.
B. Security Deposits.
Members must place with us a Security Deposit of ten percent (10%) of the amount they wish to bid on any vehicle (hereinafter the “Bidding Limit”).
All Security Deposits are fully refundable when all Purchase Costs have been fully paid and the vehicle retrieved from the auction facility.
While refunds may be remitted to the Member in the original submission, payment or purchase method, refunds of Security Deposits placed with us more than sixty (60) days before the refund date shall be made via paper check for U.S. and Canadian residents; residents from all other countries will receive their Security Deposit refund via wire transfer.
Refund requests are generally processed within five (5) to seven (7) days of their receipt; however,
refunds remitted via paper check or wire transfer may take more than ten (10) business days.
All Security Deposit refund requests must be submitted via a Member’s Account by selecting the refund
option. No requests made otherwise in writing or verbally shall be accepted. No request shall be deemed
pending or received until you receive from us a confirmation email containing a refund confirmation
number.
In the event a Member fails to pay for any invoice and the debt becomes uncollectible, you agree and
acknowledge that we have authority to and so may apply the Security Deposit to the debt without
recourse to you.
C. Membership Fees.
Standard Membership is Free to register. Premium Memberships are be subject to a non-refundable
Membership Fee of One Hundred Fifty U.S. Dollars and No Cents ($150.00).
D. Form of Payment.
Membership Fees and Security Deposits may be paid via credit or debit card or bank transfer. Please
note that bank transfers must clear our accounts before you may begin to place any bids.
E. Refund Policy.
Unless otherwise stated herein, all fees, including all Membership Fees, are non-refundable for any
reason whatsoever.

IV. SALES POLICIES
A. Subject to Affiliate Terms and Conditions.
All sales shall be subject to Affiliate’s Terms and Conditions. As such, you are encouraged to review and
familiarize yourself with such Terms and Conditions, as you shall also be bound thereby. As a broker,
ABB has no authority to control or to otherwise influence any determination made by Affiliate regarding
any and all final sales, bids, or other transactions. Capitalized terms herein and not otherwise defined
shall be given the definitions contained in the Affiliate Terms and Conditions.
B. Bids Entered.
Once a bid has been submitted, it cannot be retracted, deleted or canceled for any reason whatsoever;
therefore, Members should exercise caution when placing bids.
C. Bid Rejection.
Affiliate reserves the right to reject or void bids, for any reason, at Affiliate's sole and absolute discretion.
Should a dispute arise regarding a bid, Affiliate is the exclusive deciding authority with sole and absolute
discretion in resolving disputes. Members agree to indemnify, defend and hold ABB and Affiliate harmless
from any and all liability arising out of decisions made in resolving disputes regarding bid rejection by
Affiliate.
D. Sale Cancellation.
Affiliate may, at its sole and absolute discretion and with or without notice, postpone or cancel a sale or
withdraw a vehicle from a sale. Neither Affiliate nor ABB will have liability or obligation to Members as a
result of any vehicle withdrawal, sale cancellation or postponement. Further, Affiliate reserves the right to
cancel or reverse a sale transaction in the event of fraud, material misrepresentation, or patent defect in
the Vehicle Description or bidding information, as determined by Affiliate at its sole discretion. In the event
a sale is canceled after the Member has remitted payment, Affiliate will send a paper check to ABB who
will then credit the amount of the remittance to the Member's account.
E. Tie Bid Policy.
Virtual Bids (and, where available, Live Auction Bids) shall prevail over Preliminary Bids of equal amount.
F. BID4U.
Affiliate uses BID4U, an automated system, to make the bidding process easier and more efficient. Simply
enter a Preliminary Bid representing the maximum price you are willing to pay for the vehicle and BID4U
will bid on your behalf up to your maximum bid during both the Preliminary Bidding Period and the Virtual
Sale. BID4U will only bid one increment over the current bid to maintain your position as the highest
bidder. This allows you the possibility of purchasing a vehicle below your maximum bid. If a bidder with a
higher maximum bid outbids you during Preliminary Bidding, you will be notified via email. BID4U is not
available for VIX vehicles (see Section IV.J. below).
G. Increment Bidding.
Increment Bidding is an option in Affiliate’s BID4U system and is available only to Members using
Preliminary Bidding to set their bids. Using Increment Bidding a Member may authorize Affiliate to
increase an entered maximum bid by one (1) increment only in the event a Virtual Bidder ties an entered
maximum bid. If your bid is the highest bid, then your bid will not be incrementally increased.
H. Counter Bidding.
Counter Bidding allows sellers who have placed a Minimum Bid or a Bid To Be Approved (BTBA) on a
vehicle to directly Counter Bid the high bidder after the sale ends. The Member acknowledges and agrees
that regardless of any Counter Bids made by the Seller of the vehicle, the Member's high bid on a
Minimum Bid or Bid To Be Approved is an offer that shall remain open to acceptance by the seller until 5
p.m. ET on the next business day after the sale day.
I. On-Approval Vehicles.
Vehicles sold "On-Approval" will not be released to Members unless and until the seller notifies Affiliate
and ABB of its acceptance of the highest bid. In some instances, it may take up to three (3) business
days, including the day of the sale, for the seller to provide ABB notification of highest bid acceptance.
However, the majority of "On-Approval" vehicles receive bid acceptance or rejection within one (1) day.
J. VIX (Virtual Internet Exchange) and Sealed Bid Repo Vehicles.
From time to time insurance and financing companies may offer for sale reposed vehicles via VIX and
Sealed Bid Repos. Such sales generally take place while the companies are still in the process of
processing the vehicle paperwork and area sealed sales. Should you place the highest bid on such a
sale, ABB will inform you via email within three (3) business days after the sale end date, and you shall
be responsible for payment in full by the end of the following business day. Following payment, the seller
shall have forty-five (45) days to process the paperwork and complete the sale. If the seller cannot do so
within this period, we will promptly notify you and, upon request as outlined herein, refund your payment.
If ABB notifies the Member more than forty-five (45) days following bid acceptance that the vehicle and
title are available for delivery, the Member may, at his or her option, either (i) cancel the sale or (ii) pay for
and take delivery of the vehicle.
K. Offsite Sales.
Offsite Sales vehicles will be available for pickup at the designated Affiliate facility or offsite address
indicated. Standard Affiliate pickup requirements and storage rates apply to vehicles sold from offsite sale
locations. If the Member fails to pick up an offsite vehicle within six (6) days of sale, the vehicle may, at
Affiliate's sole discretion, be moved from the offsite sale location to one of Affiliate's facilities, and, if the
vehicle has been moved, the Member will be responsible for towing charges from the offsite location to
Affiliate's facility, plus additional storage charges that may accrue from that day onward, for up to twenty
(20) days. After the vehicle has been at Affiliate's facility for twenty (20) days and the towing and storage
charges have not been paid, the vehicle may be removed from Affiliate’s facilities to one of ABB's facilities.
The Member will be responsible for all towing charges, as well as any storage charges that may accrue.
Member shall have ten (10) days to pick up the vehicle from ABB’s storage facilities. If in that time period
the vehicle has not been picked up and associated fees paid, the Member will be considered to have
forfeited all of his or her rights in the vehicle, and the vehicle will become the property of ABB who will
thereafter attempt to sell said vehicle to recover the fees paid for its storage and transport. Should ABB
fail to sell the vehicle for a sale price equal to or more than these incurred fees, the Member shall remain
liable for the difference.
L. Timely Removal of Purchased Vehicles.
Vehicles purchased and not removed from Affiliate parking or loading facilities by 4:45 p.m. (local time at
the facility) will be moved to the locked storage area and will only be released upon payment of an
additional gate and storage fee.
M. Post-Bid Damage, Discrepancy.
If, prior to the vehicle being removed from Affiliate premises, it is determined that items have been
removed or replaced on the vehicle, that additional damage has occurred since the time the Member
submitted his/her bid, and/or there is a title type discrepancy, the Member will have the option to
purchase the vehicle at the original price or cancel the sale. Odometer readings that differ from the listed
mileage by less than two thousand (2,000) miles do not qualify for transaction cancellation.
N. Vehicle and Title Release.
All vehicle titles shall be transferred and transmitted by Affiliate to ABB who will then reassign ownership
to the purchasing Member. No vehicle title shall be released to any Member absent a signed bill of sale
and presentation of a valid government-issued identification. Title shall not be transferred or delivered to
any person, for any reason whatsoever and without exception, except for the purchasing Member. ABB
reserves the right not to release any vehicle or vehicle title for any reason at our sole and exclusion
discretion.
O. Risk of Loss, Assumption of the Risk.
Each Member takes full responsibility and assumes all risk of loss for all vehicles purchased from the time
Affiliate accepts Member's bid. From and after acceptance of Member's bid (for vehicles located at a
Affiliate facility), Member acknowledges that Affiliate is acting as bailee of Member’s vehicle until such time
as the vehicle is removed from Affiliate’s premises. The Member agrees that under the terms of the
bailment: (1) Affiliate and ABB shall not be responsible for damage to or loss of the vehicle or parts thereof
due to operational procedures in place at all Affiliate facilities, from acts of theft or vandalism or acts of
God; and (2) Affiliate and ABB shall not be responsible for any claim of damage, regardless of whether
Member, or any person on Member’s behalf such as Member’s agents, employees or representatives,
pick up the vehicle.
P. Affiliate Facility Rules, Yard Visits, Guests.
Except where prohibited by law, guests sixteen (16) years of age or older are allowed to enter Affiliate
facilities (including during the Preliminary Bidding Period) when accompanied by a Member. Members
and their agents, representatives and guests visiting Affiliate's facilities must comply with all facility rules
and with the reasonable requests and instructions of Affiliate facility personnel. Anyone caught stealing or
damaging vehicles will be arrested and prosecuted to the fullest extent of the law. This includes theft of or
damage to keys. A One Hundred U.S. Dollars and No Cents ($100.00) reward will be paid to anyone
providing information leading to the arrest and conviction of individuals stealing or damaging vehicles at
Affiliate facilities. Members and their representatives and guests visiting Affiliate's facilities must stay clear
of electric fences at all times.
Guest passes are subject to a fee where applicable. Guest passes must be displayed at all times.
During the Preliminary Bidding Period, Members may preview vehicles offered at a scheduled sale at a
Affiliate facility in person. A Twenty-Five U.S. Dollars and No Cents ($25.00) fee per Bidder and an
additional Twenty-Five U.S. Dollars and No Cents ($25.00) fee for any and all accompanying guests must
be paid when visiting a Affiliate facility to inspect a vehicle.
Q. Compliance with Laws, Rules, and Regulations.
Members shall comply with all applicable laws, statutes, ordinances and regulations regarding their use of
ABB’s and Affiliate’s services.
The Member further agrees to comply, and to cause its agents and representatives to comply, with all
applicable laws and regulations when removing a vehicle from a Affiliate facility, including properly loading
and securing all vehicles for safe travel. Affiliate personnel may load purchased vehicles for Members
upon request; however, in so doing, Affiliate personnel take no responsibility for ensuring that the vehicles
are properly loaded or secured for safe transport. Affiliate and ABB shall in no event be responsible or
liable for any damage occurring as a result of unsafe or improper loading or securing of a vehicle for
transport and the Member agrees to indemnify, defend, and hold Affiliate and ABB harmless from any and
all claims, damages, losses, liabilities, obligations, costs and expenses (including attorneys' fees) arising
from or related to any failure of the Member or the Member's agent or representative to properly load
and/or secure a vehicle for transport.

V. VEHICLE EXPORTS/IMPORTS, SHIPPING
A. Pickup by Member.
Purchased vehicles may be picked up by Members directly from the applicable Affiliate facility at a
Member’s discretion only once full and complete payment for the vehicle, including payment of any and
all applicable fees, has been made to ABB.
Although a Member may elect to pick up the purchased vehicle pursuant to the above, you agree and
acknowledge that you may not drive any vehicle from the Affiliate facility or at any time thereafter prior to
registration of the vehicle and its passage of state-mandated inspections. The foregoing applies
regardless of driving condition and title status. Therefore, all vehicles picked up in person by a Member
must be towed or otherwise transported from Affiliate facilities. This statement serves as a non-driving
affidavit.
B. Shipment.
Should you desire to have your vehicle shipped to you, you may place with us either an overseas or
domestic shipping order pursuant to which we will act as your shipping agent and will select and engage
a shipping carrier on your behalf and otherwise arrange for transportation, storage, and delivery of the
vehicle. As a shipping agent we disclaim all liability for any and all loss, damage, expense or delay to the
vehicle.
C. Shipping Payment.
All shipping costs and other related fees must be pre-paid. Such fees may include but are not limited to
loading fees, storage costs, export documentation, and key service. You agree and acknowledge that
while we use our best efforts to pick up from Affiliate facilities any and all vehicles for which shipping has
been requested within seven (7) days of the date of purchase so as to avoid storage fees, we are not
always able to do so. Thus, you agree and acknowledge that you may also incur storage charges of
Twenty U.S. Dollars and No Cents ($20.00) per day in the event we are unable to pick up your vehicle
within the pickup period.
You agree and acknowledge that shipping costs expressed on our Website are for general informational
purposes only and are not binding shipping estimates or quotes. To obtain a shipping quote, please
contact us directly.
D. Shipping Disclaimer.
Vehicles shall be shipped FOB. Therefore, you acknowledge and agree that while we will use all
reasonable measures to deliver the vehicle to you in the same condition in which it was picked up from
the Affiliate facility and by the estimated shipping date notwithstanding the foregoing, we shall not be held
liable for any and all liability with respect to key loss, vehicle damage, vehicle or part theft, or shipment
delays once the vehicle has been placed with the carrier.
E. Exporting Purchased Vehicles.
The following provisions govern all transactions in which a Member located outside the United States of
America purchases a vehicle from ABB in the United States and then transports the vehicle out of the
United States (hereinafter known as "Vehicle Export Transactions"):
All Vehicle Export Transactions are subject to U.S. export laws and regulations, including but not
limited to the Foreign Trade Regulations (hereinafter the "FTR") and the Export Administration
Regulations (hereinafter the "EAR"). Diversion contrary to U.S. law is prohibited. All Members agree
not to export, re-export or permit the re-export of the purchased vehicle to a restricted and/or
embargoed country anywhere listed by the U.S. Department of State, U.S. Department of
Commerce, or the U.S. Department of Treasury and/or individuals on any denied/debarred party list
of the U.S. government. All Members expressly agree to comply with all controls of general
applicability under the EAR General Prohibitions found at 15 CFR Part 736.
ABB offers international shipping services for Members to transport their purchased vehicles to most
international destinations. Go to here to learn more about the international shipping services we
offer.
Any Vehicle Export Transaction for which the Member elects not to use ABB's transportation
services shall be a "Routed Export Transaction" in which the Member will act as the Foreign
Principal Party in Interest (hereinafter the "FPPI") under the FTR and the EAR. As the FPPI, the
Member will authorize a U.S. forwarding agent (hereinafter the "Member's Agent") to facilitate the
export of the Member's purchased vehicle from the United States by means of a Power of Attorney
(hereinafter a "POA") or other authorization, a copy of which the Member will provide to ABB on
request.
The Member shall prepare and file any required Electronic Export Information (hereinafter "EEI")
through the Member's Agent. As FPPI, the Member and the Member's Agent shall upon request
provide to ABB a copy of any required export information as submitted in the Automated Export
System (hereinafter the "AES") by the Member's Agent under 15 CFR §30.3(e)(2). All Members
conducting Vehicle Export Transactions agree that ABB will not be the "exporter" for EAR and FTR
purposes. Unless a Member elects to use ABB's transportation services, ABB will release the vehicle
to the Member's Agent in the United States.
In the event of an inquiry from U.S. Customs and Border Protection or another government authority
regarding a Vehicle Export Transaction, the Member will clarify that this is a Routed Export
Transaction and will provide a copy of its executed POA with the Member's Agent.
F. Foreign Corrupt Practices Act.
All Members are subject to the provisions of the U.S. Foreign Corrupt Practices Act of1977 (hereinafter
the "FCPA"), which prohibits the making of corrupt payments. Under the FCPA, it is unlawful to pay or to
offer to pay anything of value to foreign government officials, employees, political parties or candidates, or
to persons or entities that will offer or give such payments to any of the foregoing in order to obtain or
retain business or to secure an improper commercial advantage. Members engaging in Vehicle Export
Transactions shall not take actions, or permit actions to be taken on their behalf, that would constitute a
violation under the FCPA.
G. Import Requirements.
Unless ABB specifically agrees in writing to provide import clearance services to the Member, the
Member shall act as "Importer of Record" or other responsible party (as the case may be) of each vehicle
under all import laws of the country of destination and port of discharge and shall be solely responsible for
compliance with all import requirements of the country of destination and port of discharge, including the
preparation and filing of all required documentation with applicable government authorities, the payment
of all import fees, duties, taxes, and any other charges payable upon import of a vehicle, and any required
customs inspection and proof of emissions compliance.
H. Compliance with All Applicable Import/Export Laws, Rules, and Regulations.
It is the responsibility of the Member to comply with any and all customs import procedures applicable to
foreign title vehicles. Customs inspection, import fees and proof of emissions compliance may be
required.
All Members accept liability for compliance with all U.S. export laws and regulations applicable to routed
export transactions. The Member expressly assumes responsibility for determining licensing requirements
and obtaining license authority (if any) for the purchased vehicle with this writing as per 15 CFR§
758.3(b). The Member's Agent will be the exporter for EAR and FTR purposes. ABB will provide the
Member's Agent with the Harmonized Tariff Schedule ("HTS") code, Export Control Classification Number
(hereinafter the "ECCN") and other export information required under 15 CFR§ 30.3(e)(1) upon the
Member or Member's Agent's request. To obtain this information, a Member or Member's Agent may
send a written request to support@abetterbid.com.
VI. FEES AND PAYMENTS
A. Payments for Vehicles, Late Payments.
All payments for vehicles bought through ABB are due within two (2) business days of the sale date. In
the event the payment is not received within the allotted time, a non-refundable late payment fee of Fifty
U.S. Dollars and No Cents ($50.00) will be added to each item bought. Each auction facility has a set
number of days (generally, eight [8] to ten [10] calendar days, including the sale day) for ABB to pay for
the vehicle(s). In the event the payment is not received by ABB within the allowed time frame, the
Member shall be considered to have forfeited his or her Security Deposit, and ABB shall have the right to
relist the vehicle. Payment for vehicles may be made to ABB via bank wire transfer.
ABB accepts only bank wire transfers for vehicle payments. To be clear, we do not accept any of the
following payment methods for vehicle payments: credit cards, debit cards, PayPal, trade-ins, cashier’s
checks, electronic funds transfers, personal checks or counter deposits.
B. Transaction Fee.
All vehicles bought through ABB are subject to a non-refundable Transaction Fee in the amount of Two
Hundred and Fifty U.S. Dollars and No Cents ($250.00) for Standard Members and Two Hundred U.S.
Dollars and No Cents ($200.00) for Premium Members for each item bought. Members residing in Tennesee
State purchasing a vehicle to register in Tennesee agree to pay a non-refundable transaction fee of Four
Hundred and Forty-Nine U.S. Dollars and No Cents ($449.00) for Standard Members and Three Hundred
and Ninety-Nine U.S. Dollars and No Cents ($399.00) for Premium Members for each item bought.
C. Storage Fee.
All vehicles not removed from Affiliate’s facilities within seven (7) calendar days of sale including sale day
are subject to a non-refundable storage fee of Twenty U.S. Dollars and No Cents ($20.00) per day. If a
vehicle is not picked up from Affiliate’s facilities within twenty (20) days of purchase, the vehicle may be
removed from Affiliate’s facilities to one of ABB's facilities. The Member will be responsible for all towing
charges, as well as any storage charges that may accrue. Member will have ten (10) days to pick up the
vehicle from ABB’s storage facilities. If in that time period the vehicle has not been picked up, the Member
will be considered to have forfeited all of its rights in the vehicle, and the vehicle will become the property
of ABB who will thereafter attempt to sell said vehicle to recover the fees paid for its storage and
transport. Should ABB fail to sell the vehicle for a sale price equal to or more than these incurred fees, the
Member shall remain liable for the difference.
D. Sales Tax Indemnification.
Members purchasing vehicles from ABB on wholesale, pursuant to a sales tax exemption certificate,
agree to indemnify, defend and hold ABB harmless from any and all sales tax assessments, fines,
penalties, damages and costs, including attorney’s 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.
E. Vehicles Subject to Tennesee Sales Tax.
Vehicles bought by residents of the state of Tennesee are subject to a state sales tax of six percent (6%)
and an additional county discretionary sales surtax (based on the county of Member’s residence). (Please
see here for more detailed information.)
Vehicles purchased by non-Tennesee residents from Tennesee facilities may be subject to Tennesee sales tax if
they are picked-up directly from a Tennesee-based Affiliate facility or through shipment directly from a
Tennesee-based Affiliate facility. Vehicles shipped to non-Tennesee resident Members by ABB are exempt from
Tennesee sales tax so long as the ship-to address is located outside the state of Tennesee. To claim this
exemption, Members must complete, sign and have notarized Tennesee Department of Revenue form DR-
123. In the event a non-Tennesee resident Member pays or has paid Tennesee sales tax for the purchase of
any vehicle in the previous three (3) years the Member may be eligible for a refund upon application to
ABB together with a proof of out-of-state transportation, such as a Bill of Lading or Dock Receipt.
F. Documentation Fee.
All vehicles bought through ABB are subject to a Fifty U.S. Dollars and No Cents ($50.00) non-refundable
documentation fee for each item bought.
G. Relist Fees.
In the event a vehicle is not paid for within the time specified by the ABB, Member agrees that ABB may,
in its sole and absolute discretion, cancel the sale and relist the vehicle for sale. Member agrees to pay
ABB a non-refundable Relist Fee of Four Hundred U.S. Dollars and No Cents ($400.00) or ten percent
(10%) of the sale price, whichever is greater, as well as a non-refundable Transaction Fee of Two
Hundred and Fifty U.S. Dollars and No Cents ($250.00) for Standard Members and Two Hundred Dollars
and No Cents ($200.00) for Premium Members. This Relist Fee will be taken from the Security Deposit
paid in advance to ABB and shall be taken without recourse by Member. Members who repeatedly fail to
fulfill their obligations are subject to suspension or revocation of their bidding privileges. Note: In some
circumstances, after a Relist occurs, the auction is able to have the Relist reversed. In the event that we
are able to successfully reverse the sale, the reverse Relist fee shall be reduced to a non-refundable fee
of One Hundred Fifty U.S. Dollars and No Cents ($150.00).
H. Unpaid Fees, Priority of Application of Payments, Authorization to Collect.
In the event of unpaid fees due and owed by a Member, payment shall be applied in the following order:
1) unpaid fees, including but not limited to Membership Fees, Registration Fees, convenience costs,
storage costs, loading and gate fees, late payment fees, Relist Fees, Transaction Fees, and delivery and
shipment costs and 2) the sale price of the vehicle. You authorize us to debit outstanding fees from the
account linked to your original form of payment without seeking your prior consent or approval or
otherwise notifying you of our intent to so debit said fees. You agree and acknowledge that we shall have
no duty or other obligation to release to you any vehicle or vehicle title until all fees are paid in full to our
complete satisfaction.
I. Fee Dispute.
Unless otherwise specified herein, no fees shall be refundable to you for any reason whatsoever due to
the non-cancelable and irrevocable nature of the transactions provided for herein. This includes but is not
limited to Membership Fees, shipping fees and costs, and Security Deposits except as provided for in
Section III.B., supra.
Should you object to the payment of any fee, you agree to write to us at A Better Bid LLC, 15431 West
Dixie Highway Bay 3, North Miami Beach, Tennesee 33162, so that we may determine the validity of your
claim. Should we deny to refund to you the disputed fee, you agree to submit the claim to binding
arbitration pursuant to the provisions of Section VIII.B, infra. You agree to indemnify us for any financial
harm and/or any losses that arise from or relate to any fee dispute of any kind, including the payment of
attorney’s fees and costs.
Should you pay for any fee contemplated herein by a credit or debit card you shall abide by the following
statement: "I hereby authorize ABB to initiate debit/credit entries from my bank deposit account or
credit/debit card."
J. Auction House Fees.
All vehicles bought through ABB may also be subject to various fees charged by the applicable auction
house, including Affiliate, Crashed Toys, and Desert View. It is your responsibility to review the fee
schedules of each auction house prior to placing a bid. In no circumstance shall we be liable or shall a bid
be canceled due to your failure to review such fee schedules.
VII. DISCLAIMERS, LIMITATIONS OF LIABILITY
A. Vehicle Condition and History Disclaimer.
ALL VEHICLES ARE SOLD "AS IS WHERE IS"
All vehicles offered for sale through ABB are sold "AS IS WHERE IS," WITHOUT ANY WARRANTY,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE OR MERCHANTABILITY. The term “Vehicles” shall mean all items posted for
sale on ABB’s and Affiliate’s Websites, including but not limited to cars, trucks, motorcycles, boats, jet
skis, industrial equipment, homeowners salvage, trailers, RVs, etc. Affiliate and ABB expressly disclaim
the accuracy or completeness of any and all information provided to Members regarding vehicles,
whether provided in written, verbal or digital image form ("Vehicle Information"). Vehicle Information
provided by Affiliate and its vehicle suppliers is for convenience only. Members shall not rely on Vehicle
Information in deciding whether or how much to bid on a vehicle purchased through ABB. Vehicle
Information includes but is not limited to: year, make, model, condition, ACV, damage amount, damage
type, drivability, accessories, mileage, odometer disclosures, vehicle identification number (e.g., “VIN,”
“HIN” and serial number), title, repair cost, repair history, title history and total loss history. ABB expressly
disclaims any and all representations, warranties and guarantees regarding vehicles sold through a
Affiliate facility. ABB does not guarantee that keys are available for any vehicle sold through a Affiliate
facility, regardless of whether keys are present in online vehicle images or were present in the vehicle
prior to the time of purchase. Certain jurisdictions permit vehicles to be sold with missing VIN plates; as a
result, ABB does not guarantee that vehicles are equipped with any or all VIN plates. Parts may be
missing. ABB does not guarantee that vehicles meet or can be modified to meet local emission and/or
safety requirements. It is the sole responsibility of Member to ascertain, confirm, research, inspect
and/or investigate vehicles and any and all Vehicle Information prior to bidding on vehicles.
All members agree that vehicles through ABB 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 at your
expense. Repairing or dismantling vehicles on Affiliate premises is strictly prohibited. All Members
must arrange to safely remove purchased vehicles from Affiliate's facility prior to undertaking any repairs
or dismantling.
In the event Affiliate is responsible for any damage to the vehicle, damages shall be limited to the lesser of
(i) the amount of the diminution in value of the vehicle as reasonably estimated by Affiliate or (ii) the
auction sale price (in which case the Member shall return the vehicle to Affiliate). Affiliate may, at its sole
and exclusive discretion, resell the vehicle at a Affiliate sale, and the difference between the original sale
price and the resale price shall be conclusive as to the amount of diminution of value, if any.
B. Registration Laws Disclaimer.
ABB does not guarantee that any vehicle sold can be legally registered in any state or country, and
Member accepts all risks associated with variations in vehicle title and registration laws between states,
provinces and countries that may negatively impact the marketability of vehicles purchased through ABB.
(For example, a vehicle legally purchased on a clean title by a Member through ABB at a Affiliate facility
located in State "A" may be required to be sold on a salvage title if Member transports and resells the
vehicle in State "B.")
C. NMVTIS Reporting Disclaimer.
Vehicles listed for sale at Affiliate and/or on our Website have been reported to the National Motor Vehicle
Title Information System (hereinafter the “NMVTIS”), and transaction data related to vehicles purchased
though ABB is reported to NMVTIS, at ABB’s sole discretion. Member accepts all risks associated with
the purchase of vehicles through ABB resulting from the reporting of the vehicle or the purchase
transaction data to NMVTIS by ABB or others. Members may be subject to NMVTIS reporting
requirements when purchasing certain vehicles. For more information on reporting requirements,
exemptions, and how to obtain a NMVTIS Reporting ID, visit http://www.vehiclehistory.gov.
D. DMV/MVD/DOR Paperwork Disclaimers.
We shall not be responsible for defects, errors, or omissions (i) related to motor vehicle department or
department of revenue paperwork not processed by ABB or (ii) made by any motor vehicle department,
department of revenue or other governmental entity.
E. Disclosure of Member Information.
Each Member expressly agrees that ABB may, if and to the extent necessary to comply with applicable
law, disclose information regarding ABB's Members and regarding transactions conducted by Members
through ABB if requested to do so in any judicial or administrative proceeding or by any governmental
agency or regulatory authority (whether by deposition, interrogatory, request for documents, subpoena,
civil investigative demand, or otherwise).
F. Release of Liability and Indemnification.
Members irrevocably and unconditionally waive and release their rights (if any) to recover from Affiliate
and ABB, their directors, officers, employees, representatives, agents, parents, subsidiaries, partners,
affiliates and vendors any and all damages, losses, liabilities, costs, expenses or claims therefore,
whether direct or indirect, known or unknown, or foreseen or unforeseen, which may arise from or be
related to bodily injury, property damage or other occurrence which occurs on Affiliate or ABB premises.
Members agree to indemnify, defend and hold Affiliate and ABB harmless from any and all damages,
losses, liabilities, costs or expenses (including attorney’s fees) arising from claims made by Member for
bodily injury or property damage occurring on Affiliate or ABB premises. UNDER NO CIRCUMSTANCES,
INCLUDING NEGLIGENCE, WILL ABB BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM OR ARE RELATED TO THE
SALE, DISTRIBUTION, USE OF OR INABILITY TO USE ANY VEHICLE, EVEN IF ABB HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Members and guests who are California
residents waive California Civil Code §1542, which reads: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with the debtor."
VIII. MISCELLANEOUS
A. Governing Law, Jurisdiction.
This Agreement together shall be governed by the laws of the State Tennesee without reference to the
principles of conflicts of law. Each party hereby irrevocably submits to the jurisdiction of the courts of the
State of Tennesee, sitting in Sullivan County, and the courts of the United States for Tennesee.
B. Binding Arbitration.
You agree that any dispute concerning, relating, or referring to these Membership Terms and Conditions
shall be resolved exclusively by binding arbitration according to the then-existing rules of the American
Arbitration Association. Such proceedings will be governed by and in accordance with substantive Tennesee
law and shall be decided by a panel of arbitrators or an arbitrator located in Miami-Dade County, Tennesee.
The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve
any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this
contract, including but not limited to any claim that all or any part of this contract is void or voidable.
C. Severability.
If any term or provision of these Membership Terms and Conditions is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the terms and provisions set forth herein
shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the
parties hereto shall use their best efforts to find and employ an alternative means to achieve the same or
substantially the same result as that contemplated by such term or provision.
D. Integration.
This constitutes the entire agreement between the parties concerning the Membership Terms and
Conditions and the subject matter contained herein. No further warranties, representations, or other
promises, oral or written, have been made or are made part hereof