This User Registration Agreement, along with all exhibits hereto (the "User Registration Agreement" or the "Agreement") is entered into on by and between ZOOMWAREHOUSE Online Vehicle Auction (or "ZOOMWAREHOUSE") and the User that has executed below ("User"). All required information must be completed in full.
This Users’ Agreement contains information applicable to bidders using ZOOMWAREHOUSE's public online vehicle auction. ZOOMWAREHOUSE reserves the right to change, restrict access, suspend or discontinue this site or any portion of this website at any time. ZOOMWAREHOUSE has the right to amend this agreement at any time by updating amended terms. All amended agreements shall be effective immediately unless otherwise noted. By using this website following any posted amendments, you agree to be bound by this agreement as modified. By using ZOOMWAREHOUSE's online vehicle auction and website, you are agreeing to all posted terms and conditions.
To gain access to ZOOMWAREHOUSE's online vehicle auction, you must register to use the site. By selecting a user name and password, you agree that the information you supply will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under, the name of another person or company. ZOOMWAREHOUSE reserves the right to prevent use of a user name we deem inappropriate or offensive in nature. As a registered user you are solely responsible for the confidentiality of your user name and password and for all actions of persons accessing this site by any user names/passwords assigned and registered to you.
Eligibility: You must be a registered user and agree to all terms and conditions to be eligible to use this site. You must be at least 18 years of age and be able to form legally binding contract(s) under the law of the state of your residence and have not been disallowed or restricted from using ZOOMWAREHOUSE's online vehicle auction.
Fees, Services and Buying: No fees are required for registering as a user to our site or for bidding on vehicles listed. In the event you have been awarded a bid through a "buy now" or as the determined and successful "highest bidder" you agree to be bound by the conditions of sale for that item and to complete the sale agreements within the specified timeframe. If you fail to complete the conditions of sale, you will be prohibited from future on-line sales through this website. Prices listed for on-line sale items exclude applicable sales fees stated on the site, sales tax, finance charges, transportation, title, license, registration, emission testing and compliance fees, any or all of which will be added to the final sale price. Buyers are responsible for all applicable sales tax, registration, licensing and other fees that may or may not be noted in this agreement but are a requirement of applicable federal, state or local laws. It is the sole responsibility of the buyer to obtain temporary plates and necessary permits.
Authentication or Verification: Registered bidders may be contacted by ZOOMWAREHOUSE to verify bidder's identity. ZOOMWAREHOUSE is not always able to authenticate identities of anyone registering or using this site. If false or misleading information is used when registering with the intent to do harm to the site, our selling agents or other registered users, such action will be considered an act of interference with business relationships or interstate commerce under all applicable laws.
Release from Liability: ZOOMWAREHOUSE represents various selling agencies in the buying and selling of used vehicles and equipment. You hereby release ZOOMWAREHOUSE, its affiliates, officers, employees, agents, successors, representatives, vendors, and any other parties associated with ZOOMWAREHOUSE and officially connected with this transaction, from any and all claims and liability, including attorney's fees and expenses, damages, actions, causes of actions, suits of any kind and liabilities that may result from your use of this site, purchased items and any services offered through the sale, software and applications. ZOOMWAREHOUSE, its clients, manufacturers and suppliers is hereby released from all liability, including lost profits, incidental or consequential damages arising from or in connection with our site or services within this agreement.
Indemnity: By registering on this site, you, employees and officers, agree to hold harmless and indemnify ZOOMWAREHOUSE and its affiliates, from any claim, action, liability, loss, damage, attorney's fees, judgments, fines and amounts paid in any settlement and any other amounts that directly become legally obligated to pay because of any claim or claims made against or in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, arbitrational, administrative or investigative, or made by any third party as a result of your breach of this agreement or any violation of applicable law.
Legal Compliance: By registering on this site, you agree to comply with all applicable laws, statutes, ordinances and regulations relating to use of our site and services. Any attempt to not complete the transaction of an item you have bid on or causing any disruption to the process and not completing the transaction will be considered fraud and appropriate legal remedies will be pursued.
Disclaimer of Warranties: By registering, you agree that registration to this site is at your own risk. You understand that all purchase(s) are made at your own risk and that you understand there may be delays, interruptions, inaccuracies or other problems in relation to products or services published or promoted on this site. All information contained within this website and products purchased on this site are provided "AS IS/WHERE IS, NO ARBITRATION" and ZOOMWAREHOUSE and its affiliates cannot and do not warrant the accuracy, completeness, merchantability, timeliness, or condition of items sold. Our website and services are provided without any warranty and condition. No express or implied warranties of fitness or merchantability are extended.
Ownership and Permission: The materials on this site are the property of ZOOMWAREHOUSE and/or its licensors, and are protected by Federal and State copyright laws. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create works from, or otherwise exploit any of the materials contained on this site.
On-Line Sales Terms and Conditions: All bidders agree that they have read and fully understand all registration and bidders agreements and agree to be bound to these agreements.
Disclaimer: All items offered on this site are offered for sale "AS IS/WHERE IS, NO ARBITRATION". ZOOMWAREHOUSE and those we represent make no express or implied warranty, guarantee or representation of any kind, as to the merchantability, fitness or condition for any purpose of the items offered for sale. The buyer is not entitled to any payment for loss of profit, consequential damage or any other money damages direct or indirect. When available, items will contain a condition report related to the specified item and description information relating to each item. Such reports are provided for information purposes only and ZOOMWAREHOUSE does not guarantee the accuracy of the items. Under no circumstances does ZOOMWAREHOUSE warrant any sale. Buyers are responsible for costs of all repairs or maintenance of items they may acquire, in addition to any transport costs associated with the purchase. Under no circumstances will the liability of ZOOMWAREHOUSE for any cause exceed the actual purchase price or down payments. No additional costs will be refunded other than those collected.
Viewing Property: Items available for sale are used and may contain defects not immediately detectable. Bidders inspect property at the seller's location, however this is not guaranteed and all inspections would be at the sole discretion of ZOOMWAREHOUSE and its agents.
Bidding: ZOOMWAREHOUSE and clients which they represent, reserve the right to reject any and all bids and to withdraw items from sale after being listed.
Payment: After being awarded a bid through a "buy now" or as the determined and successful "highest bidder", Payment in full is due no later than 5 days from confirmation of the bid awarded (2 business days for GSA payments). All bid winners will be notified via email with additional information relating to terms of sale and instructions. Acceptable forms of payment include: Certified Cashiers Check, Money Order, Company Check (with Bank Letter guaranteeing funds). Checks shall be made payable to: Flexco Fleet Services and shall be sent to the address listed in your confirmed bid purchasing information. If it falls on a weekend, the deadline will be moved to the following Monday. If it falls on a federal holiday when post offices are closed, the deadline will be moved to the next business day.
Removal of Item: All items purchased must be removed from the property location in which it is being housed within 7 business days from the date the Bill of Sale is sent, unless special arrangements have been mutually agreed by the selling authority. All removal expenses shall be paid by bidder. Items will only be released to the bidder with a sales receipt and bill of sale provided by ZOOMWAREHOUSE. Successful bidders will be responsible for removing their item(s), to include any loading, transportation, towing, hauling, etc. ZOOMWAREHOUSE, nor its agents, will be responsible for any part of the cost of removing the item. Failure to remove the item(s) by the specified time may result in additional storage fees and forfeiture of property under the laws of the state where the property is stored at the time the bidding is concluded.
Vehicle Titles: ZOOMWAREHOUSE or its agent will issue a title/certificate upon receipt of payment in full.
Default: Failure to fulfill these terms and conditions, or failure to provide payment within the specified time and to remove the items within specified times will result in default and termination of the sale. ZOOMWAREHOUSE and its agents reserve the right to reclaim and resell items that have not been paid for or have not been taken pursuant to this agreement. Any buyer that defaults will be barred from future bidding on our site. ZOOMWAREHOUSE and its agents reserve the right to pursue actions provided under the law when buyer fails to meet the obligations of the sale.
State, Local, Sales, Use Tax: All buyers are responsible for any and all payments relating to state and/or local taxes and for any taxes that may be imposed when purchasing items. Buyers are responsible for all registration, licensing and other fees that may or may not be noted in this agreement but are a requirement of applicable federal, state or local laws.
Acceptance of Terms and Conditions: By bidding on items, bidder agrees that they have read and fully understand and agree to accept these terms and to accept the terms identified within the bidders’ agreement. By accepting these terms and conditions, bidders agree to pay for and remove any items that they have been awarded as the successful bidder.
Terms and Conditions outlined by ZOOMWAREHOUSE may be superseded or extended by additional Terms and Conditions supplied by selling accounts, for example, GSA Fleet.