National Powersport Auctions Dealer Terms & Conditions

Last Revised: February 1, 2024

I. DEALER REGISTRATION & MEMBERSHIP

II. BUYING VEHICLES THROUGH NPA

1. Responsibility for Bid. Member is responsible for understanding the details of an auction and the details of its bid. Member takes full responsibility and assume all risk associated with placing a bid. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled.
2. Bid Rejection. NPA reserves the right to reject or void bids for any reason in NPA's sole and absolute discretion. Should a dispute arise regarding a bid, NPA is the exclusive deciding authority with sole and absolute discretion in resolving disputes. Member agrees to indemnify, defend, and hold NPA harmless from any and all liability arising out of decisions made by NPA in resolving disputes. Laws related to vehicles sold by NPA can vary, including titling laws and regulations. Member has the sole responsibility for determining whether vehicles purchased by Member comply with applicable laws.
3. Tie Bid Policy. In the event of a tie between an in-person bidder and a bidder participating in an auction online, the auctioneer may award the winning bid in the auctioneer's sole discretion.
4. Minimum Bids, Bid to Be Approved, and Counter Bidding.
   • If (a) a vehicle seller designates a vehicle as "bid to be approved" or "on approval" or (b) the seller designates a minimum bid for a vehicle and the high bid in the auction is less than the minimum bid amount, then the vehicle will not be released to the Member with the high bid unless and until the seller has notified NPA of its acceptance of the bid. The seller has until 8 p.m. (Pacific Time) on the next business day following the day of the auction to notify NPA of such acceptance.
   • Counter Bidding allows sellers who have designated a vehicle as minimum bid or bid to be approved to directly counterbid a bidder after the auction ends. Member acknowledges and agrees that, regardless of any counterbids made by the seller of a vehicle, the Member's high bid on a minimum bid or bid to be approved vehicle is an offer that remains open to acceptance by the seller until 8 p.m. (Pacific Time) on the next business day after the day of the auction.
5. NPA Not Seller. Member acknowledges and agrees that NPA is not to be deemed the seller of any vehicle offered for sale in the auction catalog unless otherwise explicitly stated. The transferor of the vehicle to NPA will be the seller named on any bill of sale. Such transferor is required to give the Federal Odometer Mileage Statement in connection with any sale from the auction within the contemplation of the Motor Vehicle Information and Cost Saving Act of 1972 (pub.192.513), as amended, or similar laws. Member shall not represent to any person or entity that NPA is the seller of a vehicle offered for sale in the auction catalog unless NPA is explicitly designated as the seller therein.
6. Sale Cancellation. NPA may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from a sale. NPA will have no liability or obligation to Member as a result of any vehicle withdrawal or sale cancellation or postponement. Further, NPA reserves the right to cancel or reverse a sale transaction in the event of fraud, material misrepresentation, or patent defect in the vehicle listing or bidding information, as determined by NPA in its sole discretion. In the event a sale is cancelled after the Member has remitted payment, NPA will credit the amount of the payment to the Member's account.
7. Final Sale. NPA considers a vehicle sold when an auctioneer or auction software says sold and recognizes the winning bidder number. At that time, the winning bidder is responsible to complete the purchase transaction with NPA on auction day, including full payment for the vehicle.
8. Miscellaneous. Dirt bike stands and watercraft carts are not a part of the sale and will remain the property of NPA. Vehicles may be started before the auction begins but no revving or gunning engines is permitted while examining vehicles. AT NO TIME MAY VEHICLES BE DRIVEN. During the auction, no vehicle may be started or removed from the premises without consent of NPA. Removing or switching any parts, items or labels from a vehicle is strictly prohibited. Mechanical work, other than work performed by NPA personnel, is prohibited on NPA property. Member must arrange to safely and legally remove purchased vehicles from NPA's facility prior to undertaking any repairs or dismantling.
9. Vehicle Title and Release. NPA reserves the right not to release any vehicle or vehicle title for any reason.
10. Risk of Loss. Each Member takes full responsibility and assumes all risk of loss for all vehicles purchased from the time NPA accepts the Member's bid. From and after acceptance of the Member's bid, the Member acknowledges that NPA is acting as bailee of the Member's vehicle until such time as the vehicle is removed from NPA's premises by the Member or a Member’s Representative. The Member agrees that under the terms of the bailment, (1) NPA is not responsible for damage to or loss of the vehicle or parts thereof due to operational procedures in place at all NPA facilities, from acts of theft or vandalism, or acts of God; (2) NPA is only responsible for damage to or loss of the vehicle or parts thereof caused by the direct willful or grossly negligent act or omission of NPA; and (3) NPA is not responsible for any claim of damage made after the vehicle has left NPA's premises, regardless of whether the Member or a Member Representative on the Member's behalf picks up the vehicle.

1. Timely Removal of Purchased Vehicles. Member is solely responsible to arrange transportation of their purchased vehicles and to remove them from NPA facilities within 10 business days of the date the sale is deemed final. If a vehicle is not removed by Member within by 4:45 pm local time on the 10th day after the date of sale, a daily storage fee per unit may be assessed to Member's account.
2. The Member shall comply, and shall cause its Member Representatives to comply, with all applicable laws and regulations when removing a vehicle from an NPA facility, including properly loading and securing all vehicles for safe travel. NPA personnel may load purchased vehicles for Members upon request; however, in so doing, NPA personnel take no responsibility for ensuring that the vehicles are properly loaded or secured for safe transport. NPA shall in no event be responsible or liable for any damage occurring as a result of unsafe or improper loading or securing of a vehicle for transport and the Member agrees to indemnify, defend, and hold NPA harmless from any and all claims, damages, losses, liabilities, obligations, costs and expenses (including attorneys' fees) arising from or related to any failure of the Member or the Member's Representative to properly load and/or secure a vehicle for transport.
3. Member is solely responsible for selecting a transportation company. Any transportation company suggested by NPA is only a recommendation. Member warrants that it will perform its own due diligence with respect to any transportation service provider. Member agrees to indemnify, defend, and hold NPA harmless from any and all claims, damages, losses, liabilities, obligations, costs and expenses (including attorneys' fees) arising from or related to any acts or omissions arising out of or related to Member's transportation company. Member will also confirm that its transportation company has adequate property and liability insurance to indemnify Member, Member Representatives and NPA from any resulting damages or losses.
4. NPA may provide transportation services to Member for vehicles purchased by Member at rates to be agreed between NPA and Member. All terms and conditions of this Section will continue to apply, except that NPA will remain responsible for damage to or loss of the vehicle or parts thereof caused by the direct willful or grossly negligent act or omission of NPA while the vehicle is in NPA's possession.
5. Once a vehicle is removed from NPA's premises it is accepted AS-IS, and (except as explicitly stated herein under no circumstances will NPA be liable for subsequent claims of damage or loss of any kind or nature whatsoever. In the event NPA is responsible, damages shall be limited to the lesser of (i) the amount of the diminution in value of the vehicle as reasonably estimated by NPA or (ii) the auction sale price (in which case the Member shall return the vehicle to NPA). NPA may, in its sole discretion, resell the vehicle at an NPA sale, and the difference between the original sale price and the resale price shall be conclusive as to the amount of diminution of value, if any.

1. Member is responsible to inspect vehicles closely before bidding. NPA does not guarantee any vehicle. Member will examine and accept the vehicle in its present condition.
2. Except as otherwise expressly provided by applicable law, all vehicles sold through NPA 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 Member Terms & Conditions, "vehicle(s)" means all items posted for sale on NPA's websites or otherwise offered or being prepared for sale at NPA facilities, including but not limited to motorcycles, boats, jet skis, RV's, etc. However, Member expressly acknowledges and agrees that "vehicle(s)" does not mean or include, and NPA 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.
3. NPA and its vehicle sellers expressly disclaim the accuracy or completeness of any and all information provided to Member regarding vehicles, whether provided in written, verbal, or digital form ("vehicle Information"). vehicle Information provided by NPA and its vehicle sellers is for convenience only. Members shall not rely on vehicle Information in deciding whether or how much to bid on a vehicle offered for sale through NPA. 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. No effort has been made to list open recalls applicable to any vehicles. Any recalls are the sole responsibility of the Member and can be found at locations like www.NHTSA.org. NPA and its vehicle sellers expressly disclaim any and all representations, warranties, and guarantees regarding vehicles sold through NPA. NPA is not responsible for performing or paying for any potential maintenance or repairs. NPA does not test or maintain vehicle batteries, which are perishable over time. vehicle parts may be missing. NPA does not guarantee that keys are available for any vehicle sold through NPA, regardless of whether keys are present in online vehicle images or were present in the vehicle prior to the time of purchase. NPA does not guarantee that vehicles meet or can be modified to meet emission and/or safety requirements. It is the sole responsibility of the Member to ascertain, confirm, research, inspect, and/or investigate vehicles and any and all vehicle Information prior to bidding on vehicles.
4. Registration Laws Disclaimer. NPA does not guarantee that any vehicle sold can be legally registered in any state or country, and the Member 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 at NPA. (For example, a vehicle legally purchased on a clean title by a Member at a NPA facility located in State "A" may be required to be sold on a salvage title if Member transports and resells the vehicle in State "B".
5. DMV/MVD/DOR Paperwork Disclaimers. NPA is not responsible for defects, errors, or omissions (i) related to motor vehicle department or department of revenue paperwork not processed by NPA or (ii) made by any motor vehicle department, department of revenue or other governmental entity.
6. NMVTIS Reporting Disclaimer. Vehicles listed for sale at NPA may have been reported to the National Motor vehicle Title Information System ("NMVTIS"), and transaction data related to vehicles purchased at NPA may be reported to NMVTIS, in NPA's sole discretion. Each Member accepts all risks associated with purchasing vehicles at NPA resulting from the reporting of the vehicle or the purchase transaction data to NMVTIS by NPA or others. Members may be subject to NMVTIS reporting requirements when purchasing certain vehicles. For more information on reporting requirements, exemptions, and how to obtain a NMVTIS Reporting ID, visit www.vehiclehistory.gov.
7. Disclosure of Dealer Information. Each Member expressly agrees that NPA may, if and to the extent necessary to comply with applicable law, disclose information regarding NPA's Members and regarding transactions conducted by Members through NPA if requested to do so in any judicial or administrative proceeding or by any governmental agency or regulatory authority (whether by deposition, interrogatory, request for documents, subpoena, civil investigative demand, or otherwise).

III. Assigning a vehicle to NPA

1. NPA will offer each assigned vehicle for sale, at auction, to the highest bidder. NPA may auction the vehicle by live auction or via NPA eSale channels. Whether a vehicle is offered via live auction or online auction will be in NPA's sole discretion.
2. No less than 48 hours prior to the commencement of an auction for an individual vehicle, Member may, at its discretion, enter a Minimum Bid amount for that vehicle, via the NPA website. Member may also instruct NPA to set a Minimum Bid amount on Member's behalf based on the market value determined by the NPA Value Guide. If this Minimum Bid amount or greater is bid during the auction, the bid amount will be accepted automatically.
3. In the alternative, no less than 48 hours prior to the commencement of an auction for an individual vehicle, Member may, at its discretion, condition the acceptance of any high bid for that vehicle upon Member approving or rejecting the bid following the auction ("Bid to be Approved" or "BTBA"), by entering the BTBA via the NPA website. Member must approve or reject a BTBA within 24 hours following notification of the auction result or the bid will be rejected automatically, and the vehicle rescheduled for auction.
4. Member may also elect to re-auction a vehicle that either does not meet its Reserve Amount, or that has a rejected BTBA subject to applicable reauction fees.
5. NPA is not liable or responsible for and does not guarantee that it will implement any Reserve Amounts or BTBAs which Member does not directly enter via the Website.
6. If Member does not enter a Reserve Amount or a BTBA for any vehicle auction, the auction is considered a "pure sale" and the final highest bid amount will be accepted automatically.
7. Once NPA has listed a vehicle in an auction, Member shall not solicit bids or accept offers from any third party for that vehicle.

IV. Image and Data License Agreement

V. FEES, PAYMENT, & DELIVERIES

1. Vehicle Purchases and Membership Fees. Members agree to pay the membership fee (as applicable) and other fees applicable to each vehicle purchase or assignment. The current fee schedules pertaining to membership and vehicle purchases may be accessed by registered Members from the "My Account" page of NPA's website.
2. Vehicle Assignment Fees. NPA and Member may agree to the fees applicable to NPA's provision of remarketing services in a separate writing. If NPA and Member have not executed a separate written fee agreement, NPA may determine the fees, in its sole, reasonable discretion, taking into account Member's industry, volume, and past dealings with NPA. Unless otherwise agreed in writing between NPA and Member, all sold vehicles are subject to a sales fee and a processing fee. Any title that is not received prior to the date of auction will incur a title coming fee to be assessed per title (including floored titles). Any vehicle that accrues three "no sales" from the live auctions will be automatically redeemed to Member and charged all applicable re-run and redemptions fees.
3. Sellers will be charged a fee of $45 for vehicles that require special equipment or materials to handle a vehicle safely, and properly. This includes palletizing, special strapping and various other securing materials to safely handle vehicles.

1. Vehicle purchase price and other fees applicable to vehicle sale are due at checkout on the sale date. All outstanding fees owed to NPA for a vehicle assigned to NPA will be deducted from auction sales proceeds for that vehicle. If auction sales proceeds are insufficient to satisfy all outstanding fees owed to NPA, NPA will invoice Member for any shortfall and Member shall pay NPA within 7 days of the invoice date.
2. All payment methods (other than cash) are subject to NPA pre-approval. Pre-approved payment methods may include company check, credit or debit card, wire transfer, electronic funds transfer, cashier's check, or flooring credit line. All checks must be company checks in the Member's business name made payable to National Powersport Auctions. No bank drafts will be accepted. Member represents that, upon delivery to NPA of a check, sufficient funds are available and will remain on deposit at Member's bank to fund the check.
3. Commencing on the third day after the sale date, a finance charge in an amount equal to the greater of 1.5% per month (18% per annum) or the maximum allowed by law will be charged on any unpaid balance until payment in full is received by NPA. Until full payment has been made to NPA for vehicles purchased and Member has no outstanding fees owed to NPA, all related vehicles, title to such vehicles, and all rights to such vehicle(s) will remain in NPA's control. Member grants to NPA a security interest in all vehicles until Member has paid for vehicles and any outstanding fees in full. If Member fails to make payment in full for the vehicle within 30 dates of the date of sale, NPA may, without notice to Member, resell the applicable vehicle(s) and Member will remain liable to NPA for any loss in value, all costs of collection, and any other losses or damages NPA may sustain. In the event of a dishonored cashier's check, money order, or check, the Member agrees to make payment within two days after receipt of notice from NPA of a dishonored check, and to pay NPA's NSF processing fee, and any and all collection costs including but not limited to, collection agency fees, administrative fees, and/or attorney's fees and court costs.
4. Any Member with an excessive number of unpaid fees or NSF checks will be subject to automatic account suspension.
5. Late Payment Fee - Vehicle purchase price and other fees applicable to vehicle sale are due at checkout on the sale date. Any invoice with an outstanding balance after ten days from the invoice date, will be charged a 2% late payment fee on the unpaid balance.

VI. CHOICE OF LAW AND VENUE; ENTIRE AGREEMENT

1. Any action or proceeding arising directly or indirectly out of a vehicle bid or purchase transaction will 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 offered through NPA's facility in Flower Mound, Texas, 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 Denton County, Texas, and the substantive laws of the State of Texas 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 NPA.