EZAUCTIONACCESS BUYER TERMS AND CONDITIONS
Last updated: January 15, 2019
1. AUCTION ACCESS WITH EZAUCTIONACCESS
TG Motors, Inc., DBA EZAuctionAccess (referred to as “EZAUCTIONACCESS”) is a licensed
auto dealer in the state of Tennessee. EZAUCTIONACCESS offers remarketing solutions for US
auto auctions, by purchasing and reselling vehicles to eligible US-based and foreign retail buyers
(referred to as “Buyer”). EZAUCTIONACCESS does not offer broker services, instead, it
completes the purchase, documentation and title reassignment process as the rightful buyer of each
vehicle, and then engages in reselling vehicles to eligible Buyers.
2. SINGLE PURCHASE TRANSACTION
The Buyer will provide the specific lot number, maximum bid price and other details about the
vehicle of interest. EZAUCTIONACCESS bidding specialist will place bids at the live Internet
auction up to the maximum bid. If the vehicle is sold for less than the maximum bid, the Buyer
will pay the winning price, plus auction fees.
3. SINGLE PURCHASE TRANSACTION FEES
A. Registration fee.
The registration is currently free. EZAUCTIONACCESS reserves the right to
increase registration and renewal fees at any time without notice.
B. Security Deposit.
EZAUCTIONACCESS requires a security deposit using PayPal, EZAUCTIONACCESS will
hold the deposit of $400 or 10% of the bid amount (whichever is greater) until the vehicle is
paid, picked up, the title is turned in for transfer OR a bill of lading is provided if the vehicle has
C. Transaction fee (depend on purchase price):
• $0 – $9999: $200
• $10000 – $14999: $300
• $15000 or higher: $400
E. Mailing fee.
FedEx title delivery $35 (if requested), USPS Priority postage – FREE
F. Title reassignment and retail sales documentation. $100 (if
applicable, please ask about details)
G. Sales tax.
All Tennessee based clients are subject to pay Tennessee sales tax.
H. New title fee.
I. Reselling fee (when a customer wants to resell the car at an auction
under EZAuctionAccess) $250
4. MEMBERSHIP RULES
A. Private Account. Buyer will receive a private bidder account; nobody else will use
username and password.
B. Payment. Buyer will pay for their purchased vehicles directly to the auction.
C. Late Fees. Buyer will be responsible for late payment fees if payment is not sent
the auction. Various auctions have different Late Fee policies, please inquire EZAUCTIONACCESS
staff in regards to specific auction fees. Buyer should know that late payment fees might be as high
as 2-3% of the purchase price.
D. Deposit Refund. Buyer will receive full deposit back after account with
EZAUCTIONACCESS is closed and any outstanding fees are paid.
E. Renege Fee. Renege fee (refusal to pay for the purchased vehicle) for Copart is $400 or 10% of
purchase price, whichever is greater. No renege option with other auctions. Dealer must pay for
purchased vehicles, no refusal option.
F. Vehicle Resale. EZAUCTIONACCESS will help sell unwanted units purchased by Buyer
(when purchased by mistake, or the deal is cancelled, other business reasons). Buyer will have to pay
for the vehicle, and EZAUCTIONACCESS will handle paperwork, titles, communication with
auctions. The vehicles will be sold at the closest auction (location agreed by Byuer) to minimize
transportation expenses. Buyer will be able to set a minimum price. EZAUCTIONACCESS fee for
reselling is $250 per vehicle, plus transportation costs.
G. Titles. EZAUCTIONACCESS will be responsible for communicating with auctions to get
the titles, lien releases, other necessary paperwork.
H. Missing Items. EZAUCTIONACCESS will not be responsible for missing keys, missing
parts or additional damages to the vehicles at auctions.
I. Summary. EZAUCTIONACCESS requires the Buyers to act with the highest responsibility and
security. Buyers should not distribute their username and password to anybody else, and keep it
secure. Buyers are responsible and legally liable for any and all purchases made under their
account. EZAUCTIONACCESS reserves the right to terminate the membership to any dealer
deemed unreliable or financially irresponsible.
8. AUCTION SALES POLICIES
A. Bid Rejection. EZAUCTIONACCESS reserves the right to reject or void bids, for any reason,
in EZAUCTIONACCESS’s sole and absolute discretion. Should a dispute arise regarding a bid,
EZAUCTIONACCESS is the exclusive deciding authority with sole and absolute discretion in
resolving disputes. Buyers agree to indemnify, defend, and hold EZAUCTIONACCESS or its
Affiliates harmless from any and all liability arising out of decisions made in resolving disputes.
B. Sale Cancellation. EZAUCTIONACCESS may, in its sole and absolute discretion and with or
without notice, postpone or cancel a sale or withdraw a vehicle from a sale.
EZAUCTIONACCESS will neither have liability nor obligation to Buyers as a result of any
vehicle withdrawal, or sale cancellation or postponement.
C. Tie Bid Policy. Virtual Bids prevail over Preliminary Bids of equal amount.
D. Proxy Bid. EZAUCTIONACCESS uses Proxy Bid to make the bidding process easier and more
efficient. Simply enter a Proxy Bid representing the maximum price you are willing to pay for
the vehicle(s) and Proxy Bid will bid on your behalf up to your maximum bid during both the
Proxy Bidding Period and the Virtual Sale. Proxy Bid 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
Proxy Bidding, you will be notified via email.
E. On-Approval Vehicles. Vehicles sold “On-Approval” will not be released to Buyers unless and
until the seller notifies EZAUCTIONACCESS of its acceptance of the high bid. In some
instances, it may take up to three working days, including the day of the sale, for the seller to
provide EZAUCTIONACCESS notification of high bid acceptance. However, the majority of
“On-Approval” vehicles receive bid acceptance or rejection within one day.
F. Vehicle and Title Release. EZAUCTIONACCESS reserves the right not to release any vehicle
or vehicle title for any reason.
G. Title Types. EZAUCTIONACCESS does not guarantee title types.
H. Bids Entered. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled.
I. Risk of Loss. Buyer takes full responsibility and assumes all risk of loss for all vehicles
purchased from the time EZAUCTIONACCESS accepts Buyer’s bid. From and after
acceptance of Buyer’s bid (for vehicles located at a EZAUCTIONACCESS or its Affiliates
facility) Buyer acknowledges that EZAUCTIONACCESS is acting as bailee of Buyer’s vehicle
until such time as the vehicle is removed from EZAUCTIONACCESS or its Affiliates premises.
Buyer agrees that under the terms of the bailment, (1) EZAUCTIONACCESS or Affiliate shall
not be responsible for damage to or loss of the vehicle or parts thereof due to operational
procedures in place at all EZAUCTIONACCESS or its Affiliates facilities, from acts of theft or
vandalism, or acts of God; and (2) EZAUCTIONACCESS or its Affiliates shall not be
responsible for any claim of damage, regardless of whether Buyer, or any person on Buyer’s
behalf such as Buyer’s agents, employees, or representatives, pick up the vehicle. ONCE A
VEHICLE IS REMOVED FROM EZAUCTIONACCESS OR ITS AFFILIATES PREMISES
IT IS ACCEPTED AS-IS, AND UNDER NO CIRCUMSTANCES WILL
EZAUCTIONACCESS OR ITS AFFILIATES BE LIABLE FOR SUBSEQUENT CLAIMS
OF DAMAGE OR LOSS OF ANY KIND OR NATURE WHATSOEVER
J. Import/Export Issues. It is the responsibility of the Buyer to comply with customs import
procedures applicable to foreign title vehicles. Customs inspection, import fees and proof of
emissions compliance may be required.
K. Storage Fee. All vehicles not removed from auction facilities within five (5) business days of
sale are subject to a storage fee of 20.00 USD per day. If a vehicle is not picked up from
EZAUCTIONACCESS or auction facilities within 20 days of purchase, the vehicle may be
removed from the EZAUCTIONACCESS or Affiliate facilities to one of
EZAUCTIONACCESS’s specialty storage facilities. The Buyer will be responsible for all
towing charges, as well as any additional storage charges that may accrue. Buyer will have ten
(10) days to pick up the vehicle from EZAUCTIONACCESS’s storage facilities. If in that time
period the vehicle has not been picked up, the Buyer will be considered to have forfeited all of
its rights in the vehicle, and the vehicle will become the property of EZAUCTIONACCESS.
A. Vehicle Condition and History Disclaimer.
ALL VEHICLES ARE SOLD “AS-IS WHERE-IS”
All vehicles offered for sale through EZAUCTIONACCESS 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
EZAUCTIONACCESS’s website, including but not limited to cars, trucks, motorcycles, boats, jet
skis, industrial equipment, homeowners salvage, trailers, RV’s, etc. EZAUCTIONACCESS or its
Affiliates expressly disclaim the accuracy or completeness of any and all information provided to
Buyers regarding vehicles, whether provided in written, verbal, or digital image form (“Vehicle
Information”). Vehicle Information provided by EZAUCTIONACCESS or its Affiliates and its
vehicle suppliers is for convenience only. Buyers shall not rely on Vehicle Information in deciding
whether or how much to bid on a vehicle purchased through EZAUCTIONACCESS. 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. EZAUCTIONACCESS expressly disclaims any and all representations,
warranties, and guarantees regarding vehicles sold through EZAUCTIONACCESS or its
Affiliates facility. EZAUCTIONACCESS does not guarantee that keys are available for any
vehicle sold through EZAUCTIONACCESS or its Affiliates 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,
EZAUCTIONACCESS does not guarantee that vehicles are equipped with any or all VIN plates.
Parts may be missing. EZAUCTIONACCESS does not guarantee that vehicles meet or can be
modified to meet local emission and/or safety requirements. It is the sole responsibility of Buyer
to ascertain, confirm, research, inspect, and/or investigate vehicles and any and all Vehicle
Information prior to bidding on vehicles.
You agree that vehicles through EZAUCTIONACCESS or its Affiliates 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 my expense.
B. Registration Laws Disclaimer. EZAUCTIONACCESS does not guarantee that any vehicle sold
can be legally registered in any state or country, and Buyer 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 thru EZAUCTIONACCESS or its
Affiliates. (For example, a vehicle legally purchased on a clean title by a Buyer through EZAUCTIONACCESS or its Affiliates at EZAUCTIONACCESS or its Affiliates facility
located in State “A” may be required to be sold on a salvage title if Buyer transports and resells the
vehicle in State “B”.)
A. Governing Law Jurisdiction. This Agreement together shall be governed by the laws of the
irrevocably submits to the jurisdiction of the courts of the State of Tennessee, sitting in Trousdale
County, and the courts of the United States for Tennessee.
B. Severability. If any term or provision of this Agreement 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