Terms Of Use

TERMS AND CONDITIONS

Last revised: October 13, 2020

U.S. STANDARD TERMS AND CONDITIONS:

As a condition to entering into any transaction through a website maintained by PRO MOTOR HOLDINGS LLC, Inc. (including, but not limited, to promotorholdngs.com) (collectively, “PRO MOTOR HOLDINGS LLC’s websites”), for any item offered at or through a PRO MOTOR HOLDINGS LLC facility in the U.S. (including at a live auction conducted by PRO MOTOR HOLDINGS LLC), you (“Member”) agree to be bound by the following Terms and Conditions. PRO MOTOR HOLDINGS LLC reserves the right to amend these Terms and Conditions at any time without prior notice to you.

These Terms and Conditions affect your legal rights against PRO MOTOR HOLDINGS LLC.  You should read the entire Terms and Conditions carefully before accepting them.  By registering as a Member and/or placing a bid in a PRO MOTOR HOLDINGS LLC auction, you represent and warrant to PRO MOTOR HOLDINGS LLC that you have read and understood the Terms and Conditions in their entirety and that you agree to be bound by them in all respects.

Vehicles offered for sale on PRO MOTOR HOLDINGS LLC’s websites are sold through our patented Internet based auction selling platform.  Only Basic and Premier Members in good standing are permitted to bid on vehicles. PRO MOTOR HOLDINGS LLC’s auction platform employs a two-step bidding process:

  • Step 1 – Preliminary Bidding is an open bidding venue that allows a bidder to enter bids either at a bidding station at a PRO MOTOR HOLDINGS LLC facility (see “Kiosk Preliminary Bidding” below) or over the Internet (see “Internet Preliminary Bidding” below). A bidder can see the current high bid on a vehicle during Preliminary Bidding. Bidders enter the maximum price that they are willing to pay for a vehicle and the PRO MOTOR HOLDINGS LLC feature (see Section II.D. below) will incrementally bid on the vehicle on their behalf during Preliminary Bidding and, if it is the highest Preliminary Bid at the end of the Preliminary Bidding Period, during the Virtual Sale. The Preliminary Bidding Period ends prior to the start of the Virtual Sale. During the Preliminary Bidding Period, Members may preview the offered vehicles either online or in person at the PRO MOTOR HOLDINGS LLC facility where the vehicle is offered.
  • Step 2 – Virtual Sale is a real time, Internet only virtual auction. Bidders have the opportunity to bid against each other and the high bidder from the Preliminary Bidding Period in real time. Bidders enter bids via the Internet in real time, and PRO MOTOR HOLDINGS LLC submits bids for the high bidder from the Preliminary Bidding Period, 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, PRO MOTOR HOLDINGS LLC may also, in its sole discretion, extend or reset any countdown.

Bidding Overview: Here are the ways for Basic and Premier Members to bid on vehicles offered for sale on PRO MOTOR HOLDINGS LLC’s websites:

  • "Kiosk Preliminary Bidding” – During the Preliminary Bidding Period, Members may submit Kiosk Preliminary Bids through designated kiosk terminals located in the lobbies of PRO MOTOR HOLDINGS LLC facilities. Kiosk Preliminary Bids compete against Internet Preliminary Bids during the Preliminary Bidding Period. One hour after the close of the Preliminary Bidding Period, the Virtual Sale begins. The highest Preliminary Bid (either Kiosk or Internet) at the close of the Preliminary Bidding Period competes against Virtual Bids via PRO MOTOR HOLDINGS LLC. A Kiosk Preliminary Bid may only be entered for vehicles being sold at the PRO MOTOR HOLDINGS LLC facility where the kiosk is located; a bid placed from one PRO MOTOR HOLDINGS LLC facility on a vehicle located at a different PRO MOTOR HOLDINGS LLC facility is treated as an Internet Preliminary Bid. While many PRO MOTOR HOLDINGS LLC facilities may also provide Internet access through computer terminals available in the lobby, a bid submitted by logging onto one of PRO MOTOR HOLDINGS LLC’s websites over the Internet will be treated as an Internet Preliminary Bid, not as a Kiosk Preliminary Bid, regardless of whether the Member is using a computer located at a PRO MOTOR HOLDINGS LLC facility. Only a bid submitted through a designated bidding kiosk will be treated as a Kiosk Preliminary Bid. Members are responsible for requesting instructions from PRO MOTOR HOLDINGS LLC staff at the facility if the Member has any questions regarding where or how to submit a valid Kiosk Preliminary Bid.
  • "Internet Preliminary Bidding” – During the Preliminary Bidding Period, Members may log onto PRO MOTOR HOLDINGS LLC’s website and submit bids electronically. Internet and Kiosk Preliminary Bids compete as described above. The highest Preliminary Bid (either Kiosk or Internet) at the close of the Preliminary Bidding Period competes against Virtual Bids (see below) via “PRO MOTOR HOLDINGS LLC” during the Virtual Sale.
  • "Virtual Bidding” – Members may log onto PRO MOTOR HOLDINGS LLC’s websites during a Virtual Sale to submit bids electronically, in real time over the Internet, to compete with the highest Preliminary Bid and other Virtual Bids.
  • Bidding through a “Registered Broker” – Members may sign up with a Registered Broker to bid on vehicles that they may not qualify to buy directly on PRO MOTOR HOLDINGS LLC’s websites.  When you select a Registered Broker, you will be re-directed to the Broker’s website to register with the Broker.  If you sign up with a Registered Broker and buy a vehicle on one of PRO MOTOR HOLDINGS LLC’s websites, you are buying the vehicle from the Broker, not from PRO MOTOR HOLDINGS LLC.  Members who elect to sign up with a Registered Broker to bid on a vehicle offered at PRO MOTOR HOLDINGS LLC’s websites are advised to carefully read and understand the Broker’s website terms and conditions, including payment terms and conditions, conditions of sale, and fees charged.  Registered Brokers are independent of PRO MOTOR HOLDINGS LLC and you should review their qualifications and services offered thoroughly to ensure that they meet your vehicle purchasing needs.
  • Bidding through a “Market Maker” – Members may visit a Market Maker to bid on vehicles at PRO MOTOR HOLDINGS LLC’s websites.  Market Makers do business from a physical location, where you can search for vehicles available for purchase at PRO MOTOR HOLDINGS LLC’s websites.  If you use a Market Maker to buy a vehicle on one of PRO MOTOR HOLDINGS LLC’s websites, you are buying the vehicle from the Market Maker, not from PRO MOTOR HOLDINGS LLC.  Members who elect to use a Market Maker to bid on a vehicle offered at one of PRO MOTOR HOLDINGS LLC’s websites are advised to carefully read and understand the Market Maker’s terms and conditions, including payment terms and conditions, conditions of sale, and fees charged.  Market Makers are independent of PRO MOTOR HOLDINGS LLC and you should review their qualifications and services offered thoroughly to ensure that they meet your vehicle purchasing needs.
  • "Sealed Bidding” – Members may log onto PRO MOTOR HOLDINGS LLC’s websites to bid on certain vehicles offered by insurance companies and vehicle finance companies through PRO MOTOR HOLDINGS LLC’s Virtual Internet Exchange (“VIX”) and Sealed PRO MOTOR HOLDINGS LLC.  Both VIX and Sealed PRO MOTOR HOLDINGS LLC use a sealed bid format.  PRO MOTOR HOLDINGS LLC is not available under this format – bids are accepted at face value.
  • "Buy It Now” – Certain vehicles are offered for sale with the “Buy It Now” feature.  Buy It Now allows a Member to purchase a vehicle immediately at a price set by the seller before the vehicle goes to auction.  Upon clicking the Buy It Now button, the Member will be directed to a confirmation page to confirm the Member’s Buy It Now bid.  Once the bid is confirmed, the Member will be directed to the payment screen.
  • "Make an Offer” – Certain vehicles are offered for sale with the “Make an Offer” feature. Make an Offer allows a Member to make an offer for a vehicle. Offers submitted by clicking the Make an Offer button cannot be retracted and are valid for 2 business days (not including the day the offer is made) regardless of auction date or results.
  • "Live Auction Bidding” – PRO MOTOR HOLDINGS LLC may offer vehicles for sale through a live auction format. All such vehicles are also offered for sale on PRO MOTOR HOLDINGS LLC’s websites, with the live auction and Virtual Sale running concurrently.  At the live auction PRO MOTOR HOLDINGS LLC will announce Virtual Bids placed on a vehicle and will enter Live Auction Bids placed by Members present in person at the live auction. Live Auction Bids will be visible to Members viewing the Virtual Sale on PRO MOTOR HOLDINGS LLC’s websites.  PRO MOTOR HOLDINGS LLC will have the ability to extend the bidding time for a vehicle in PRO MOTOR HOLDINGS LLC’s sole discretion.

Note: Where permitted by state law, sellers may bid on their own vehicles.

I. DISCLAIMERS

A. Vehicle Condition and History Disclaimer.

Except as otherwise expressly provided by applicable law, ALL VEHICLES ARE SOLD “AS-IS WHERE-IS.”

Except as otherwise expressly provided by applicable law, all vehicles sold through PRO MOTOR HOLDINGS LLC 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.  As used in these Terms and Conditions, “vehicle(s)” means all items posted for sale on PRO MOTOR HOLDINGS LLC’s websites and otherwise offered for sale at PRO MOTOR HOLDINGS LLC facilities, including but not limited to cars, trucks, motorcycles, boats, jet skis, industrial equipment, trailers, RV’s, etc.  “Vehicles” also includes miscellaneous salvage items that are posted for sale on PRO MOTOR HOLDINGS LLC’s websites under the heading “Other Goods.”  However, Members expressly acknowledge and agree that “vehicle(s)” does not mean or include, and PRO MOTOR HOLDINGS LLC does not purport to facilitate the sale of, any cargo or items of personal property which may be contained in a vehicle but are not part of the vehicle.  It is the sole responsibility of the Member purchasing a vehicle to take possession and/or dispose of any such cargo or contents in accordance with applicable law.

II. SALE POLICIES

A. Bid Rejection. PRO MOTOR HOLDINGS LLC reserves the right to reject or void bids for any reason, in PRO MOTOR HOLDINGS LLC’s sole and absolute discretion.  Should a dispute arise regarding a bid, PRO MOTOR HOLDINGS LLC is the exclusive deciding authority with sole and absolute discretion in resolving disputes. Members agree to indemnify, defend, and hold PRO MOTOR HOLDINGS LLC harmless from any and all liability arising out of decisions made in resolving disputes.

B. Sale Cancellation. PRO MOTOR HOLDINGS LLC may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from a sale.  PRO MOTOR HOLDINGS LLC will have no liability or obligation to Members as a result of any vehicle withdrawal or sale cancellation or postponement.  Further, PRO MOTOR HOLDINGS LLC 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 PRO MOTOR HOLDINGS LLC in its sole discretion.  In the event a sale is cancelled after the Member has remitted payment, PRO MOTOR HOLDINGS LLC will credit the amount of the payment to the Member’s account (or to the Member’s credit or debit card used to remit payment, if applicable).

C. Tie Bid Policy. Virtual Bids (and, where available, Live Auction Bids) prevail over Preliminary Bids of equal amount.

D. Bids Entered. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled.

E. Offsite Sales.  Offsite Sales vehicles will be available for pick up at the designated PRO MOTOR HOLDINGS LLC facility or offsite address indicated.  Standard PRO MOTOR HOLDINGS LLC 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 PRO MOTOR HOLDINGS LLC’s sole discretion, be moved from the offsite sale location to one of PRO MOTOR HOLDINGS LLC’s facilities, and if the vehicle has been moved, the Member will be responsible for towing charges from the offsite location to PRO MOTOR HOLDINGS LLC’s facility, plus additional storage charges that may accrue from that day onward, for up to 30 days. After the vehicle has been at PRO MOTOR HOLDINGS LLC’s facility for 30 days and the towing and storage charges have not been paid, the vehicle will be considered abandoned and PRO MOTOR HOLDINGS LLC will process the vehicle according to applicable law.

III. VEHICLE EXPORTS

All Vehicle Export Transactions are subject to U.S. export laws and regulations, including but not limited to the Foreign Trade Regulations (the “FTR”) and the Export Administration Regulations (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.

IV. FEES, PAYMENT, AND DELIVERIES

A. Fees. All Members agree to pay the member fee and other fees applicable to each vehicle purchase.  The current fee schedules may be accessed by registered Members from the “My Account” page of PRO MOTOR HOLDINGS LLC’s websites.  Member fees apply to all items purchased at a PRO MOTOR HOLDINGS LLC sale, including miscellaneous salvage items sold as “Other Goods.”  All fees are subject to change without prior notice. The Member is solely responsible for ascertaining applicable fees prior to bidding on a vehicle. For private buyers and sellers, the transaction fee is covered by the seller entirely.

B. Payment.

  1. Payment for vehicles and fees may be made by wire transfer and credit or debit cards (for amounts not exceeding $10.000.00). Subject to PRO MOTOR HOLDINGS LLC approval and certain additional requirements, payment may also be made by credit or debit card.

CHOICE OF LAW AND VENUE; ENTIRE AGREEMENT

A. Forum Selection, Venue, Jurisdiction, Choice of Law, and Service of Process. The Member acknowledges and accepts the following as express conditions to membership with PRO MOTOR HOLDINGS LLC:

  1. Any action or proceeding arising directly or indirectly out of a vehicle bid or purchase transaction shall be conducted in the state/province and county where the vehicle was located at the time the bid was entered or the purchase transaction was consummated, and the substantive laws of such jurisdiction shall apply to such action or proceeding.  For example, if a Member bids on or purchases a vehicle that was stored at PRO MOTOR HOLDINGS LLC’s facility in Billings, Montana, at the time such bid was entered or such purchase was consummated, any action or proceeding arising out of such bid or purchase must be conducted in Yellowstone County, Montana, and the substantive laws of the State of Montana would apply to such action or proceeding.  All other actions and proceedings – i.e., those not arising directly or indirectly out of a vehicle bid or purchase transaction – must be conducted in Dallas County, Texas, and the substantive laws of the State of Texas will apply to such actions and proceedings.
  2. The Member consents to the forum selection, choice of law, jurisdiction, and venue provisions described above.
  3. The Member consents to service of process by certified or registered mailing of the summons and complaint to the last address provided by the Member to PRO MOTOR HOLDINGS LLC.
  4. This section supersedes the venue provisions of the PRO MOTOR HOLDINGS LLC Website Terms of Service as applied to Member disputes involving the bidding on or purchasing of vehicles from PRO MOTOR HOLDINGS LLC.

B. Entire Agreement. These Terms and Conditions constitute the entire and sole agreement between the Member and PRO MOTOR HOLDINGS LLC with respect to the subject matter hereof. There have been no representations, warranties, or promises given or made that are not set forth in these Terms and Conditions.