Terms

GREATER DETROIT AUTO AUCTION - ONLINE BIDDER TERMS

 

A successful bid is considered to be a legal binding contract

 

All persons participating in a GDAA Online auction agree to be bound by the following terms and conditions, which shall form a binding contract between the participants and Greater Detroit Auto Auction (GDAA):

ALL General Consignment Items BUY FEES : Buyers Premium is applied to all items purchased.  Michigan State 6% Sales Tax will also be collected on every purchase.  There is a 3% surcharge on all Debit and Credit card transactions. 

PAYMENT AND PICKING UP VEHICLES: GDAA  accepts the following forms of payment made payable to Greater Detroit Auto Auction -  Money Order, Cashier’s Check, Wire Transfer, or Debit/Credit Cards (3% surcharge). CASH is NOT Accepted.   

Merchandise becomes the full responsibility of the buyer at time of payment and the buyer assumes all risk of loss and damage to property at that time.

All purchases must be PAID for in full by 5pm on the 2^nd business day after the auction. All items must be removed 4 business days (Wednesdays CLOSED) following the auction unless prior arrangements are made. If you are an out of town buyer, please contact our office to make arrangements at 734-479-4360. Property left beyond this date is subject to resale or disposal.  GDAA will not offer free storage or shipping for any property for the buyer.

DEPOSIT: GDAA reserves the right to charge the customer $400 deposit.  This deposit can either a) be applied to the invoice there by reducing the amounts due or b) refunded when alternate secure payments are received by Auctioneer.  If an invoice is not settled according to the payment terms of the auction, this deposit will be forfeited to GDAA as liquidated damages for non-payment. Refunds on Debit/Credit cards when securing alternate forms of final payment may take longer than expected times based on the financial institution reimbursement time periods.

GDAA reserves the right to resell or dispose of any property not paid for in full by the conclusion of the stated pickup period. In any such event, the Buyer will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting from the resale of the property.

SALES TAX: ALL APPROPRIATE STATE SALES TAX LAWS WILL APPLY PER THE LOCATION AND SELLER OF THE ITEM.

GENERAL TERMS AND CONDITIONS: All Bidders agree to the following:

1. Every item is being sold “as is,” including any and all defects, and without any warranties, express or implied.

2. ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED BY GDAA AND WAIVED BY ME. THIS WAIVER OF IMPLIED WARRANTIES WAS SPECIFICALLY BARGAINED FOR, AND THAT ABSENT MY AGREEMENT TO IT, I WOULD NOT BE ALLOWED TO PARTICIPATE IN THIS AUCTION.

3. I am assuming the entire risk that the items(s) I purchase will have defects, whether present now or arising in the future, whether visible or hidden, including, but not limited to, defects in the functionality, appearance and each and every other part. I understand that defects in a item(s) I purchase may render it inoperable or unusable. Despite knowing these risks, I agree that GDAA, its owners, employees and agents shall not be liable for any defects in any item(s) I purchase, for any reason, whatsoever. I agree to hold GDAA harmless from and against any and all claims, liability and damages with respect to any defect in any item(s) I purchase.

4. GDAA and its owners, employees and agents act merely as agents for Sellers. Statements regarding the description and condition of item(s) made by the owners, employees and agents of GDAA, including those made on its website, advertising, auction materials, and at the auction itself, are based on a rudimentary item inspection only. No items have been tested for functionality, durability, expiration date or commercial viability.   I understand that statements by GDAA are not intended to be relied upon by me, may contain errors, and I agree that I am not purchasing in reliance on those statements. I understand that all statements by GDAA regarding the description and condition of any item(s) are expressly disclaimed and do not constitute any promise, covenant, agreement or warranty.

5. Every item(s) is available for inspection prior to the auction, and that it is my sole responsibility to determine the condition of the item prior to purchase.

6. By making a bid, I am making an offer to purchase the item(s) at the bid price, which if accepted, forms a binding contract to purchase the vehicle between GDAA and myself. I understand that any such contract includes the terms in this Acknowledgement.

7. Purchases may not be removed from the premises until payment in full is received. I understand that if payment is made by means other than certified funds, the purchased property will not be released from the premises until the funds are clear and received.

8. I may not rescind or challenge a purchase for any reason, including later dissatisfaction or discovery of defects.

9. All bidders must be 18 years of age or older and must possess a valid driver’s license.

RESERVES: All auctions are with reserve unless specifically stated otherwise. Reserves, if any, are not disclosed unless advertised as "ABSOLUTE." Auctioneers at their discretion may place a reserve bid on behalf of the seller, lienholder or pre-approved absentee bidder.

DEBT COLLECTION AND INTEREST CHARGES: The buyer agrees to pay all reasonable attorney fees and other costs incurred by GDAA in its efforts to collect unpaid funds from the buyer. The buyer agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due GDAA.

LAWSUITS: Any litigation with arising out of an auction shall occur in the County in which the item(s) was located at the time the auction took place.

LIMITATION OF LIABILITY: If, for any reason, after a reasonable time has passed GDAA is unable to make available or deliver any purchased item(s), or portion thereof, or any documentation required to transfer a purchased item to a successful bidder, then the sole liability of GDAA, if any, shall be limited to returning to the successful bidder the moneys the successful bidder paid GDAA, if any, for said purchase.

REGISTRATION: All registration information the bidder provides to GDAA shall be current, complete, and accurate. All bidders are responsible for any bids placed under their bidding numbers and passwords. The security of bidder information is the responsibility of the bidder. Bidders must notify GDAA if they believe that their bidder number and password have been compromised.

INTERRUPTION OF SERVICE: GDAA shall not be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error-free service or use of its website. Technology can and does fail. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. GDAA, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items or lots that were, in GDAA sole discretion, affected by any malfunction. The decision of GDAA on malfunctions shall be final.