The following describes the terms of which Partners 1st Federal Credit Union (“Partners 1st FCU”) offers vehicles for sale through auction bids.
As a bidder (“Buyer”) using the Partners 1st FCU website, you agree to be bound by these Terms and Conditions (“Agreement”). Partners 1st FCU reserves the right to amend the Agreement at any time without prior notice to you. If you do not agree to be bound by the terms and conditions of this Agreement, your bid on vehicles listed for auction on the Partners 1st FCU website will not be accepted.
Bidding Overview: There is one (1) way to bid on vehicles offered for sale on the Partners 1st FCU website: Buyers may access Partners 1st FCU’s website at www.partners1stcu.org to view available automobiles selected for auction and submit bids electronically, in real time over the Internet, to compete for the highest bid among all potential, qualified buyers.
You must read, agree with and accept all of the terms and conditions contained in this Agreement before you may bid. We strongly recommend you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as Buyer.
1. Eligibility. As a Buyer, you must be 18 years of age and capable of forming legally binding contracts under applicable law. In addition, applicable federal, state, and local laws, regulations and restrictions may further limit bidding eligibility. Partners 1st FCU reserves the right to deny bidding privileges to any individual or entity, in its sole and absolute discretion.
2. Bidding/Registration. There is no registration required to bid. However, you must complete the online bid form to submit your bid.
3. Bids Entry. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled. Any inspection of the vehicle must be completed before the auction ends. By bidding on a vehicle, you agree to be bound by all terms and conditions of this Agreement.
4. Tie Bid Policy. In the case of a tie among high-bidders, the auction will remain open as to those Buyers only, and each remaining Buyer may continue bidding in $100 increments until a high bid is determined.
5. Terms of Sale. THE VEHICLES AVAILABLE FOR BID ON THE PARTNERS 1ST FCU WEBSITE ARE OFFERED IN “AS IS” CONDITION. PARTNERS 1ST FCU EXPRESSLY DISCLAIMS ALL VEHICLE WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Payment in full, or arrangements (between Buyer and Partners 1st FCU) to make payment in full must be completed within 72 hours of auction end date/time. No returns. No counter bids.
6. Payment. Partners 1st FCU will contact you following the close of the auction. You agreed that Partners 1st FCU may contact you by telephone, facsimile, mail or e-mail at any number or address you provide to Partners 1st FCU. Payment instructions are specified in the “Terms of Sale” section of this agreement.
7. Sales Tax Indemnification. You are responsible for paying all sales tax related issues that may arise. As a Buyer, you agree to indemnify, defend, and hold Partners 1st FCU harmless from any and all sales tax assessments, fines, penalties, damages, and costs, including attorney fees, incurred as a result of a determination by taxing authorities that the transaction was subject to the payment of sales or excise tax.
8. Currency Denominations. Unless otherwise stated, all fees are quoted in U.S. Dollars.
9. Pricing. Pricing and availability of Partners 1st FCU services are subject to change at any time without prior notice.
10. Breach and Partners 1st FCU’s Remedies. The Buyer will be in default on this Agreement if any one or more of the following occur: (a) Buyer does not make full payment or make payment arrangements with Partners 1st FCU within 72 hours from the time that the auction ends; (b) Buyer does not comply with any other provision of this Agreement; (c) any of Buyer’s payments to Partners 1st FCU are returned for any reason, including a stopped payment or a payment returned because of insufficient funds; or (d) Buyer makes any misrepresentation to Partners 1st FCU, including any information submitted on the online bid form. If Buyer defaults on this Agreement, Partners 1st FCU may re-list the vehicle for sale and Buyer agrees to pay Partners 1st FCU the sum of: (i) Partners 1st FCU’s actual costs to re-list the vehicle; (ii) the difference between what Partners 1st FCU actually received for the sale of the vehicle and what Partners 1st FCU would have received if Buyer would have fulfilled Buyer’s obligations under this Agreement; and (iii) costs, fees and expenses Partners 1st FCU incurs to enforce its rights under this Agreement, including collection costs, court costs and reasonable attorney’s fees.
11. Privacy. Protecting your privacy is very important to Partners 1st FCU. All information you submit to place a bid will be held in private and Partners 1st FCU will not disclose that information to any third party.
12. Compliance. You shall comply with all laws, statutes, ordinances and regulations regarding the use of Partners 1st FCU services.
13. Sale Cancellation. Partners 1st FCU may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale at any time or withdraw an item from a sale. Partners 1st FCU will have no liability or obligation to any Buyer as a result of any item withdrawal, or sale cancellation or postponement.
14. Partners 1st FCU Proprietary Rights. Buyer acknowledges and agrees that this service (“Service”) and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Buyer further acknowledges and agrees that content presented through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Partners 1st FCU, Buyer agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
15. Bidding Revocation. Partners 1st FCU reserves the right, in Partners 1st FCU’s sole and absolute discretion and for any reason, and at any time, to limit Buyer activity, remove Buyer bids, suspend or revoke the membership of a Buyer, or refuse to provide our services to a Buyer.
16. Disclaimer of Warranties. BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT: USE OF THE SERVICE IS AT THE BUYER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PARTNERS 1ST FCU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. PARTNERS 1ST FCU MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET BUYER REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET ANY EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT BUYER’S OWN RISK AND BUYER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY BUYER FROM PARTNERS 1ST FCU, OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN. NEITHER PARTNERS 1ST FCU NOR ANY INTERNET ACCESS PROVIDERS ARE RESPONSIBLE FOR INCORRECT OR INACCURATE ENTRY OF INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTIONS, LOST/DELAYED DATA TRANSMISSION, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURES OF ANY TELEPHONE NETWORK, COMPUTER EQUIPMENT, SOFTWARE OF ANY COMBINATION THEREOF, OR INABILITY TO ACCESS THE PARTNERS 1ST FCU WEB SITE.
17. Limitation of Liability. BUYER RELIES ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE AT THEIR OWN RISK. BUYER UNDERSTANDS THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED AT THIS SITE.
BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT PARTNERS 1ST FCU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, LOSS OF BUSINESS, OR OTHER INTANGIBLE LOSSES (EVEN IF PARTNERS 1ST FCU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF BUYER TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18. Indemnity. Buyer agrees to indemnify and hold Partners 1st FCU, its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of a Buyer’s breach of this Agreement or the documents it incorporates by reference, or a Buyer’s violation of any law or the rights of a third party.
19. Legal Compliance. Buyer shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding use of our service and purchase or solicitation of offers to purchase vehicles.
20. No Agency. Partners 1st FCU and Buyer are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. Electronic Signatures and Contracts. BUYER ACKNOWLEDGES AND AGREES THAT ANY ELECTRONIC SUBMISSIONS SENT UNDER THEIR BUYER ACCOUNT CONSTITUTE BUYER’S AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES.
22. Governing Law, Waiver, Unenforceability, Limitation on Claims. The Agreement and the relationship between Partners 1st FCU and Buyer shall be governed by the laws of the state of Indiana without regard to its conflict of law provisions. Partners 1st FCU and Buyer agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Allen, in the state of Indiana. The failure of Partners 1st FCU to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. Buyer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Partners 1st FCU services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Note: Where permitted by state law, sellers may bid on their own vehicles.
23. Modifications. This Agreement cannot be orally modified or amended and it represents the entire agreement between Buyer and Partners 1st FCU as to the subject matter it covers. All prior negotiations between Buyer and Partners 1st FCU touching upon the subject of this Agreement are merged into this Agreement. All modifications or amendments to this Agreement must be in writing and signed by Buyer and Partners 1st FCU.