Terms & Conditions for Metro Auto Auction
This is a legal agreement (“Agreement”) between you, the bidder (“Buyer”) and Rhodes Congress Avenue LTD dba Metro Auto Auction, its affiliates, members, employees, or agents (“Company”) (“Us” or “We”) and sets forth the terms and conditions governing each online auction sale. Access and use of any online auction site at MetroAutoAuction.com (“Site”) is subject to the specific terms and conditions set forth below and by bidding Buyer acknowledges and accepts such terms and conditions.
Registration: Buyer hereby certifies that he/she is at least 18 years old and all registration information is current, complete, and accurate. Buyer is required to enter credit card information for a $1 authorization. All purchases will be transferred in the Buyer’s name and address used at registration. There is a $100 fee to change name or address after purchase is made. If you are a licensed motor vehicle dealer, you must fill out our Dealer Application before you can bid. Be sure that we have your bidding account linked to your dealership name.
Purchase Price: The purchase price is the sum of the bid price, buyer's premium and the applicable Texas sales tax, inventory tax, title and license registration fees. Buyer will be subject to Texas sales tax unless you provide the Company with documentation required for exemption. Buyer’s Premium is based on the bid price as follows: Under $999=$195; $1,000-$2,599=$255; above $2,600=10% of bid price.
Merchandise: All items sell “AS IS - WHERE IS WITH ALL FAULTS” and without warranties, either expressed or implied, as to the merchantability or fitness for any particular purpose of any goods offered in this sale. Buyer is urged to physically inspect the item during the inspection period to determine the nature, quality, condition, quantity, and size of the item. No bids can be withdrawn during or after the sale for any reason. Buyer also agrees that any oral representation made by the Company shall not modify these “AS IS - WHERE IS WITH ALL FAULTS” terms. Metro Auto Auction (Seller) does not provide any insurance on your vehicle and will not be responsible for damage or any articles left on the auction premises. Buyer understands that any description given in the catalog or written on the equipment is not guaranteed, and Buyer will rely entirely on their own inspection. All information and descriptions contained in advertising are believed to be correct, but no responsibility is assumed by the Company for any advertising errors or omissions. All vehicles are used vehicles that have had prior owners. Vehicles may have sustained prior body damage and may have undergone body repair while in the possession and control of the prior owner. Any prior repaired body damage may affect the future trade-in or resale price of the vehicle or settlement value of insurance claims in the future. Company disclaims any knowledge of the condition or operability of the airbag(s) and makes no representation or warranty as to whether or not the airbag(s) will deploy in the event of an accident. Buyer agrees to check for outstanding recalls and to contact a local manufacturer dealership to understand the vehicle's recall status and remedy, if any. Vehicles will be marked with the appropriate State Inspection requirements needed to obtain license plates and registration. For vehicles with expired State Inspections, it is your responsibility to obtain a current State Inspection for your residence county within 5 days of sale day. If you fail to obtain the current State Inspection within the time provided, we will process the transaction as “Title Only” meaning that you will not receive license plates or registration. It will then be your responsibility to get the vehicle properly registered and pay the appropriate fees to obtain license plates and registration. Vehicles without a current State Inspection will NOT receive a Buyers Tag and buyer agrees that the vehicle cannot be driven on public roads/highways without a current state inspection. Buyer agrees to tow/trailer the vehicle from the lot.
Bids: The final highest bidder shall be designated at the end of each auction sale as Buyer and such designation shall be final. Some items may be sold on a conditional sale. Your high bid will be binding until seller confirmation. The Company’s posted closing times and display times are approximate. The Company reserves the right to close early or extend closing times at any time at its sole discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last-minute bid. All times are based on the Central Time Zone. Dynamic bidding on this website is a feature that does NOT allow an item to sell at the end of the posted sale closing until there is bidding inactivity. We may, at any time, without notice or liability to you, withdraw or cancel the sale of any Lot.
Payment: The Purchase Price is due within two (2) business days or prior to removal of purchased item(s), whichever is first. Such Purchase Price must be paid in lawful United States funds and payable by cash, debit card/credit card (Visa, MasterCard, Discover and American Express with additional 4% fee), or wire transfer. The Company reserves the right to charge the credit card registered to your account after the close of two (2) business days for unpaid invoices.
Removal and Failure to Remove: All purchases must be removed from the auction site within two (2) business days following the day of the auction and within the time specified in this agreement. All costs, responsibility and risk of such removal shall be borne by Buyer and, in every case, Buyer will use prudence and care in such removal without damaging any property. If for any reason Buyer fails to remove any of Buyer’s purchases within the time specified, the Company shall have the right, but not the obligation, in its sole discretion, to resell, discard, or remove and store said purchase at Buyer’s sole risk and expense without waiving any rights that the Company may have against Buyer. Storage costs will be charged $20 per day, per item, along with any additional associated costs. Storage charges will be the responsibility of the buyer (after removal period).
Right to Terminate Purchase. If for any reason the Company is unable to complete the sale of any purchase to Buyer, or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, Buyer agrees that the Company may terminate the purchase, in its sole discretion. If the purchase is terminated, the Company’s only liability shall be the return of any monies actually paid by Buyer.
Right to Suspend: Buyer will be suspended or permanently banned from the Site if Buyer provides false information when registering, such as a false name or fraudulent contact information. Buyer will be permanently banned from this Site if you are the successful bidder and you do not honor your auction bid and Legal action may be taken.
Disclaimer and Release: Buyer expressly agrees that use of this website is at their sole risk. The third-party content providers and/or licensors (“Providers”) nor the Company warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, completeness, reliability, security, or currency of the Site. The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Provider does not warrant reliability of any statement or other information displayed or distributed through the Site. Providers are not responsible for any service interruptions, including, but not limited to, interruptions that may affect any aspect of the sale. To the fullest extent permissible under applicable law, Provider expressly disclaims all warranties, expressed or implied, of any kind, with respect to any of the materials, content, or information on this Site or any goods or other products or services offered, sold, or displayed on this Site , or your use of this Site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement.
Limitation On Liabilities: You agree that the Company shall not be liable for any damage, loss, or expenses of any kind arising out of or resulting from your possession or use of the material, content, or information on this Site or from your purchase of goods through this Site regardless of whether such liability is based in tort, contract, or otherwise. In no event, including, without limitation, a negligent act, shall the Company be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including without limitation, loss of profits, loss of corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content, or information on this Site or any other products, services, or information offered, sold, or displayed on this Site, your use of, or inability to use this Site regardless of whether the Company has have been advised of the possibility of such damages.
Governing Law and Severability: This agreement is established under, and shall be governed by, the laws of the state of Texas. Any provision prohibited by law or unenforceable shall not affect the remaining provisions of the agreement. Buyer consents to being subject to the personal jurisdiction of the courts of the state of Texas. Buyer also agrees that the venue shall be in Bastrop County, Texas.
Indemnification: Buyer expressly agrees to indemnify and hold harmless the Company from and against all claims, losses, expenses, damages, or liability, (including, but not limited to, attorney’s fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of the Company, or anyone acting in his/her behalf in connection with or arising out of the sale, except that the Buyer shall not be responsible to the Company for damages caused by or resulting from the Company’s sole negligence.
Attorney’s Fees: If a party initiates an arbitration or judicial action, including an appeal, as to the interpretation or enforcement of this agreement, including remedies upon default, the substantially prevailing party shall be entitled to reimbursement of its reasonable attorney fees and costs.
Amendments to Agreement: This Agreement constitutes the final expression of the parties’ agreement and a complete and exclusive statement of the terms of the sale. Buyer agrees and understands that the terms of this Agreement can be amended or revised only in writing, signed by an authorized member of the Company.
Andy Rhoades, Texas Auctioneer License #10025 is licensed and regulated by the Texas Department of Licensing and Regulation. Any unresolved complaints should be directed to: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711 or by calling 512-463-6599.
