Terms & Conditions
By registering as a dealer with Cycle Express, LLC dba National Powersport Auctions (“NPA”) and as a condition to entering into any transaction through a website maintained by NPA (including but not limited to npauctions.com) (collectively “NPA’s websites”), any transaction at an NPA facility (including a live auction conducted by NPA), or any transaction otherwise facilitated by NPA, including your assignment of a vehicle to NPA, you (“Dealer”) agree to be bound by the following Dealer Terms & Conditions. NPA reserves the right to amend the Dealer Terms & Conditions at any time without prior notice to Dealer. In addition, any terms and conditions printed on NPA sales sheets, any conditions displayed on NPA’s websites, and NPA’s websites Terms & Conditions and NPA Rules & Policies are incorporated into these Dealer Terms & Conditions by reference. These Dealer Terms & Conditions affect Dealer’s legal rights against NPA. Dealer should read the entire Dealer Terms & Conditions carefully before accepting them. By placing a bid with NPA or assigning a vehicle to NPA, Dealer represents and warrants to NPA that Dealer has read and understood the Dealer Terms & Conditions in their entirety and that Dealer agrees to be bound by them in all respects.
PROVISIONS APPLICABLE TO BOTH PURCHASE AND ASSIGNMENT OF VEHICLES
Dealers may register with NPA as a Dealer if they are a licensed dealer, dismantler or wholesaler who can legally perform under applicable laws. In addition, state-specific registration requirements and applicable laws, regulations, and restrictions may further limit Dealer sign up and vehicle purchasing eligibility. NPA reserves the right to deny dealer privileges to, or exclude from NPA facilities, any individual or entity, in its sole and absolute discretion. Prior to making any bid or assigning any vehicle to NPA, Dealer must provide to NPA a complete dealer information sheet and any other information required by NPA. Dealer represents that all of the information provided to NPA by or on behalf of Dealer is true and correct. Only registered Dealers in good standing may assign or bid on a vehicle.
Except where prohibited by law, guests 16 years of age or older are allowed to enter NPA facilities (when accompanied by a Dealer). Guest passes are subject to a fee where applicable. Guest passes must be displayed at all times. Guests are not permitted to bid on or assign vehicles unless they are registered Dealers in good standing.
Dealers are responsible for all account activity, including, without limitation, all bids submitted under the Dealer’s username and password through NPA’s websites, all bids submitted in person by anyone designated by Dealer as authorized to bid on its behalf, and any vehicle assigned to NPA by Dealer. A Dealer’s account may not be transferred or assigned to any other person or entity. The Dealer shall promptly notify NPA in writing in the event the Dealer’s account, username or password are used without authorization. The Dealer shall be responsible for all account activity and charges incurred prior to NPA’s receipt of written notice from the Dealer of the unauthorized activity.
COMPLIANCE WITH LAW
Dealers shall comply with all applicable laws, statutes, ordinances, and regulations regarding their use of NPA’s services, including but not limited to laws and regulations regarding the transportation, storage, transfer, resale, dismantling, or retitling of a purchased vehicle. All fines, penalties, fees, and other amounts assessed by a governmental authority as a result of a Dealer’s failure to so comply (collectively, “Vehicle Fines”), including but not limited to parking citations, toll road violations, tax liens, and impound fees, are the Dealer’s sole responsibility and each Dealer hereby agrees to indemnify and hold harmless NPA from and against all such Vehicle Fines. NPA may assess a processing fee of $75 per item against the Dealer’s account for the receipt and processing of citations, notices, and other legal documents pertaining to Vehicle Fines. NPA further reserves the right to pay upon receipt all Vehicle Fines on the Dealer’s behalf and to charge the Dealer a fee of up to 150% of the Vehicle Fine amount plus the $75 processing fee, either by deducting such amount from funds held in the Dealer’s NPA account or by charge to the Dealer’s credit card or debit to the Dealer’s checking account on file with NPA. In addition, failure to comply with applicable laws and regulations, including the timely payment or other resolution of all outstanding Vehicle Fines relating to a Dealer’s purchased or assigned vehicles, may result in the Dealer’s buying or assignment privileges being suspended or revoked by NPA.
NPA FACILITY RULES
Dealers and their agents, representatives and guests visiting NPA’s facilities must comply with all facility rules and with the reasonable requests and instructions of NPA facility personnel. Persons younger than 16 years of age are not permitted to enter NPA facilities. Dealers must not remove any items, including any envelopes or paperwork, inside a vehicle and must alert NPA to these items and allow NPA to retrieve them. Anyone caught stealing or damaging vehicles will be arrested and prosecuted to the fullest extent of the law. This includes theft of or damage to any items inside a vehicle or to keys. Dealers and their representatives and guests may not bring tools of any kind, including diagnostic code readers and jump boxes, into NPA facilities. NPA reserves the right to remove from or prohibit entry to any NPA facility to any person or entity at NPA’s sole discretion. THERE IS NO SMOKING PERMITTED IN THE OFFICES OR WAREHOUSE AT ANY TIME. Repairing or dismantling vehicles on NPA premises is strictly prohibited. All Dealers must arrange to safely and legally remove purchased vehicles from NPA’s facility prior to undertaking any repairs or dismantling.
NPA reserves the right to inactivate, suspend or revoke a Dealer’s account for any reason, in its sole and absolute discretion.
RELEASE OF LIABILITY AND INDEMNIFICATION
Dealers and their guests irrevocably and unconditionally waive and release their rights (if any) to recover from NPA, its directors, officers, employees, representatives, agents, subsidiaries, partners, and affiliates, and vehicle sellers (“NPA Indemnitees”) any and all damages, losses, liabilities, costs, expenses, or claims, whether direct or indirect, known or unknown, or foreseen or unforeseen, which may arise from or be related to bodily injury, property damage, or other loss which occurs on NPA premises. Dealers agree to indemnify, defend, and hold NPA Indemnitees harmless from any and all damages, losses, liabilities, costs or expenses (including attorneys’ fees) arising from claims made by the Dealer and the Dealer’s guests arising from or related to: 1) bodily injury or property damage occurring on NPA premises, 2) the Dealer’s failure to comply with applicable laws or regulations, 3) the Dealer’s sale or transfer of vehicles to third parties, and 4) claims made against NPA Indemnitees by the Dealer’s guests, agents, employees, or customers. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL NPA INDEMNITEES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM OR ARE RELATED TO THE SALE, DISTRIBUTION, USE OF, OR INABILITY TO USE, ANY VEHICLE, EVEN IF NPA INDEMNITEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Dealers and guests who are California residents waive California Civil Code §1542, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
NO LIABILITY FOR PROPERTY
NPA assumes no responsibility for collision, fire, theft, or any other damage to any vehicle, before, during, or after the sale. Vehicles and property left on the premises are left at the Dealer’s own risk.
MARKETING AND PROMOTIONAL MATERIALS
Dealers agree they have affirmatively requested to receive marketing and promotional materials via mail, email, push email, facsimile, app, social, media, text message or other then-current methods of communication.
FORUM SELECTION, VENUE, JURISDICTION, CHOICE OF LAW, AND SERVICE OF PROCESS
The Dealer acknowledges and accepts the following as express conditions to membership as a Dealer with NPA and hereby consents to the forum selection, choice of law, jurisdiction, and venue provisions described below:
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 Dealer bids on or purchases a vehicle that was stored at 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.
The Dealer consents to service of process by certified or registered mailing of the summons and complaint to the last address provided by the Dealer to NPA.
LIMITATION OF LIABILITY
NPA SHALL NOT BE LIABLE TO DEALER FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES OF ANY NATURE, FOR ANY REASON CLAIMED BY DEALER, INCLUDING WITHOUT LIMITATION, THE BREACH OF THIS AGREEMENT OR ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF DEALER HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
NPA’s liability to Dealer in any way arising out of these Dealer Terms and Conditions or Dealer’s presence at NPA’s facility shall be limited to the lesser of (i) $5,000.00 or the (ii) the fees paid to NPA by Dealer in the preceding twelve (12) month period.
These Dealer Terms and Conditions constitute the entire and sole agreement between the Dealer and NPA 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 Dealer Terms and Conditions.
NPA’s website is only for internal use by Dealers and their employees.
USE OF INFORMATION AND PICTURES
NPA's information & pictures are not to be shared with anyone outside the dealership. No portion of NPA's information & pictures can be displayed on other websites in any form.
Dealers cannot use software packages or other means to "scrape" information from NPA’s websites. Misusing NPA's information, pictures, brand, logo or other abuses will result in termination of Dealer's account.
Usernames are visible to others. Usernames may not contain profanity or spellings that can be interpreted as obscene or defamatory. If such names are discovered to be in use, NPA will ask Dealer to change it and may temporarily block Dealer’s account access until the change is complete.
PROVISIONS APPLICABLE TO PURCHASE OF VEHICLES THROUGH NPA
DEALER AUCTIONS ONLY
All auctions are dealer only auctions. Dealers must be approved and registered by NPA before purchasing vehicles. Dealers are considered professionals, and are responsible for knowing all auction terms and conditions.
Dealer represents that it is a licensed vehicle dealer engaged in the business of buying and selling vehicles. Dealer represents that Dealer is an experienced and sophisticated commercial purchaser and user of vehicles and equipment like those sold by NPA and that Dealer is able to personally and independently evaluate vehicles and equipment for condition and safety.
Dealers are responsible for understanding the details of an auction and the details of their bid. Dealers takes full responsibility and assumes all risk associated with entering a bid. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled. NPA reserves the right to interpret its policies at its discretion. NPA’s decision is final. Laws related to vehicles sold by NPA, including titling laws and regulations vary. Dealer has the sole responsibility for determining whether vehicles purchased by Dealer comply with applicable laws.
NPA NOT SELLER
Dealer recognizes and acknowledges that NPA is not to be deemed to be the seller of any vehicle. The transferor of the vehicle to NPA will be the seller named on the Bill of Sale. Such transferor is required to give the Federal Odometer Mileage Statement in connection with any sale from this auction within the contemplation of the Motor Vehicle Information and Cost Saving Act of 1972 (pub.192.513) as amended or similar laws. Dealer shall not represent to any person or entity that NPA is the seller of a vehicle.
SALE TERMS AND CONDITIONS
All sales are conducted under NPA terms and conditions. Dealer acknowledges receipt of a copy of the terms & conditions and Dealer agrees to be bound by such terms & conditions as amended from time to time.
WHEN SALE FINAL
NPA considers a vehicle sold when auctioneer says sold and recognizes a bidder number on the auction floor. At that time, the winning bidder is responsible to complete the purchase transaction with NPA on auction day, including full payment for the vehicle.
SALE DAY ANNOUNCEMENTS
Announcements made on sale day will take precedence over any items listed in the auction catalog..
It is the responsibility of the Dealer to arrange transportation of their purchased vehicles and to remove them from NPA facilities within 5 business days. NPA may assist Dealer with transportation contacts and loading, if requested. If a vehicle is not removed by Dealer within 5 days after the date the sale of the vehicle is deemed final in accordance with these Dealer Terms and Conditions, a storage fee of $5.00 per day will be assessed to Dealer’s account.
NPA will disclose the type of title or legal documentation that will be provided with a vehicle. Dealers are responsible for ensuring that the titles or documentation provided are sufficient for their purposes. NPA is not responsible for providing any other documentation other than what is disclosed. Vehicles with salvage history are the responsibility of the Dealer.
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 party may rev or gun engines 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. Removal or switching of any parts or items from one auction vehicle to another is strictly prohibited. No mechanical work, unless performed by NPA with a work order, is allowed on NPA property.
SALE TERMS AND CONDITIONS
All sales are conducted under NPA terms and conditions. Dealer acknowledges receipt of a copy of the terms & conditions and Dealer agrees to be bound by such terms & conditions as amended from time to time.
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 Dealer Terms and Conditions, “vehicle(s)” means all items posted for sale on NPA’s websites and otherwise offered for sale at NPA facilities, including but not limited to motorcycles, boats, jet skis, RV’s, etc. However, Dealer 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 Dealer purchasing a vehicle to take possession and/or dispose of any such cargo or contents in accordance with applicable law.
NPA expressly disclaims the accuracy or completeness of any and all information provided to Dealer 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. Dealers 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. NPA and its vehicle sellers expressly disclaim any and all representations, warranties, and guarantees regarding vehicles sold through NPA. Vehicle parts may be missing. NPA does not guarantee that vehicles meet or can be modified to meet local emission and/or safety requirements. It is the sole responsibility of the Dealer to ascertain, confirm, research, inspect, and/or investigate vehicles and any and all Vehicle Information prior to bidding on vehicles.
Dealer agrees and acknowledges that any condition report provided by NPA is solely a subjective assessment and it is not a representation or warranty by NPA as to fitness, condition, value, or safety of the vehicle or equipment and will not be relied upon by Dealer for any such purpose, which purpose is expressly disclaimed. A vehicle may require maintenance or repairs, including maintenance that can arise with the passage of time or that may not be reflected in its condition rating. NPA is not responsible for performing, disclosing or paying for any potential maintenance or repairs. NPA does not test or maintain vehicle batteries, which are perishable over time.
NPA’s operational test is limited to low speeds in a confined flat area without load. Differential interlocks, full transmission shifting and functionality of all drive axles and drivetrain cannot be fully verified. Inspector listens for abnormal noises, observes leaks and notes physical damage in NPA’s condition report. If dealer has questions about a specific vehicle please contact the operations manager.
Condition information and NADA Book values are not guaranteed by NPA for accuracy. NPA has not verified, and makes no representation or warranties as to the description, equipment, and odometer readings on any vehicle. NPA does not guarantee that the vehicles are in safe condition, or suitable for use on public roads or waterways. Dealer assumes the responsibility to verify all such representations and descriptions of catalog in relation to each lot number up for bid.
III. FEES AND PAYMENT
Dealer will pay NPA the purchase price of the vehicle(s) plus applicable fees, by the method pre-approved by NPA for Dealer’s purchases immediately upon checkout on auction day. All checks must be made payable to National Powersport Auctions. All company checks must be pre-approved. No bank drafts will be accepted. In some pre-approved cases, wire transfers will be accepted as payment. Dealer represents that, upon delivery to the auction of a check, sufficient funds are available and will remain on deposit at Dealer’s bank to fund the check. Until full payment has been made to auction for vehicles purchased and Dealer has no outstanding fees owed to NPA, title to all vehicles, and all rights to enter said vehicle(s) into the stream of commerce will remain in NPA’s control.
All returned checks will be subject to a minimum $100.00 return fee and must be paid immediately by cash or cashier’s check in order to avoid any further collection expenses.
PENALTIES FOR FAILURE TO PAY
Upon failure to pay on the date or in the manner as required herein, NPA may charge a late payment fee of $25.00 per day for each applicable vehicle until the sales price is paid in full in the manner required herein. In addition, if Dealer fails to make payment as required herein, NPA may, without notice to Dealer, dispose of applicable vehicle(s) through a subsequent auction sale, and Dealer will be liable to NPA for all costs of collection, loss of the resale of the vehicle, and any other damages NPA may sustain, including reasonable attorney’s fees incurred in collecting payments due and interest.
TAXES, LIENS, BACK FEES
Dealer is responsible for any and all back taxes, liens, or applicable back fees due from the Department of Motor Vehicles or any government agency. In addition, Dealers represent to NPA that vehicles purchased from NPA will be resold by Dealer in the form of tangible personal property. In the event any such property is used for any such purpose other than retention, demonstration, or display while holding it for sale in the regular course of business, Dealer understands and acknowledges that it is required by the Sales and Use Tax Law to report and pay tax, measured by the purchase price of such property or other authorized amount and hereby releases, holds harmless, indemnifies and defends NPA from any liability arising out such taxes or Dealer’s payment or failure to pay same.
IV. TRANSPORTATION AND LOADING OF VEHICLES
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 Dealer 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 Dealer of Dealer’s agent or representative to properly load and/or secure a vehicle for transport.
Dealer assumes all liability for the selection of a transportation company, if necessary. Any trucking firm suggested by NPA is only a recommendation. Dealer warrants that it will perform its own due diligence in regard to any trucking firm and will not rely upon NPA in any way for the selection of the trucking firm. Dealer agrees to hold NPA harmless, and to defend and to indemnify it against any liability arising from Dealer’s transportation company’s actions or omissions. Dealer will also confirm that its transportation company has adequate property and liability insurance to indemnify both Dealer and NPA from any resulting damages or losses.
IV. PROVISIONS APPLICABLE TO ASSIGNMENT OF VEHICLES TO NPA
In addition to the terms and conditions of any remarketing agreement or other auction or sales agreement between Dealer and NPA, the following general terms and conditions shall apply. In the event of any conflict between any such agreement and these Dealer Terms and Conditions, the provisions of these Dealer Terms and Conditions shall take precedence.
AVAILABILITY FOR NPA
A vehicle must be received by the NPA at least two days prior to a scheduled auction to be eligible to be included in said auction.
CROSS DOC FEES
All vehicles dropped off as a Cross Dock are subject to a $20 per unit cross dock fee. All cross dock fees are required to be paid in full prior to release.
NPA DOES NOT INSURE TITLE
NPA does not provide title insurance and does not warrant or guarantee that a title provided by any party is valid, assignable, unattached, or is not a forgery.
If a vehicle assigned by vehicle has a non-functioning battery or is missing keys, unless otherwise agreed in writing by Dealer and NPA, a replacement battery will be installed or replacement keys will be obtained, as applicable and Dealer will be billed for the costs of same.
NPA reserves the right to announce all known defects or damages to assigned vehicles.
Dealer represents and warrants that all information provided with the assignment of a vehicle, including the odometer statement, is complete and correct.
Except to the extent caused by NPA, Dealer agrees to indemnify, defend, and hold NPA and its subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns harmless from and against all losses, damages, liabilities, claims, demands, suits, and expenses arising out of, based upon, or resulting from: (i) any judgments, liens, or citations placed on a vehicle, (ii) defects in a vehicle’s title, (iii) mechanical or design defects in a vehicle, (iv) any inaccuracy of the odometer reading on any vehicle or any odometer statement prepared in connection with the sale of any vehicle, or (v) any incorrect or incomplete information provided by Dealer or any other misrepresentation made by Dealer, whether same was known or unknown to be incorrect, incomplete, or a misrepresentation by Dealer at the time it was made.
An additional $35 processing fee will be applied to simulcast and online exchange purchases.
Any unit that does not sell in auction will be assessed a $100.00 No Sale Fee.
Title Coming Fee. Vehicle offered in auction without title $10.00
Any item that accrues three No-Sales from the live auctions will be automatically redeemed and charged all applicable re-run and redemption fees.