Terms & Conditions
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These Terms & Conditions ("Terms") govern all vehicle sale transactions conducted through, facilitated by, or completed via MotorBay Auctions, LLC ("MotorBay"). These Terms apply to vehicles sold directly by MotorBay Auctions, LLC as principal, as well as vehicles sold through MotorBay Auctions on behalf of third‑party private sellers or licensed dealer partners (each a "Partner Seller").
These Terms are intended to be read together with any Vehicle Sale Agreement, Auction Listing, Invoice, Bill of Sale, Escrow Instructions, or similar purchase documentation (collectively, the "Agreement"). In the event of any conflict, the written Vehicle Sale Agreement or Auction Listing shall prevail.
1.1 MotorBay Auctions, LLC acts as:
the direct Seller when a vehicle is owned by MotorBay; and/or
an authorized sales agent, auctioneer, or facilitator when vehicles are offered by Partner Sellers.
1.2 The Seller refers to either MotorBay Auctions, LLC or the disclosed Partner Seller identified in the applicable Agreement or Auction Listing.
1.3 The Buyer refers to the individual or legal entity purchasing or bidding on a vehicle through the MotorBay Auctions platform.
2.1 The Seller agrees to sell and the Buyer agrees to purchase the motor vehicle described in the Agreement (the "Vehicle").
2.2 Vehicles may be offered via fixed‑price sale, online auction, sealed bid, or negotiated sale format.
2.3 Vehicle details including make, model, year, mileage, VIN, condition, title status, disclosures, and photographs are provided for informational purposes and form part of the Agreement.
3.1 The Buyer agrees to pay the full purchase price stated in the Agreement or winning auction bid (the "Purchase Price").
3.2 Buyer acknowledges that auction fees, buyer’s premiums, transportation fees, escrow fees, and administrative fees may apply as disclosed prior to bidding or purchase.
3.3 Unless expressly stated otherwise, sales taxes are included. Title, registration, licensing, inspection, emissions, and roadworthiness costs are the sole responsibility of the Buyer.
3.4 Title transfer shall not occur until full cleared payment has been received and verified.
4.1 Accepted payment methods include bank wire transfer and approved third‑party escrow services designated by MotorBay.
4.2 Payment must be completed within the timeframe stated in the Agreement or auction terms, typically within twelve (12) hours of invoice issuance.
4.3 MotorBay reserves the right to verify payment within twenty‑four (24) to forty‑eight (48) hours before authorizing vehicle release or shipment.
5.1 Delivery shall be arranged by MotorBay or its designated carrier upon confirmation of payment.
5.2 Risk of loss or damage during transportation remains with the Seller until delivery to the Buyer’s designated location, unless otherwise stated in writing.
5.3 Delays caused by carriers, weather, labor disputes, or force majeure events shall not constitute breach.
5.4 Upon delivery, Buyer shall receive all legally required documentation, including title, bill of sale, and odometer disclosure.
6.1 Buyer is entitled to an inspection period as stated in the Agreement, commencing upon receipt of the Vehicle.
6.2 Buyer may have the Vehicle inspected by a qualified independent mechanic during the inspection period.
6.3 If the Vehicle is materially misrepresented compared to the Agreement or Auction Listing, Buyer may reject the Vehicle by providing written notice to MotorBay within the inspection period.
6.4 Returned Vehicles must:
remain unaltered;
not exceed permitted inspection mileage; and
be returned in substantially the same condition as delivered.
6.5 Upon approved rejection, Buyer shall receive a full refund of the Purchase Price. Partial refunds are not provided.
7.1 The Seller warrants that it has lawful authority to sell the Vehicle and that the Vehicle is free of undisclosed liens.
7.2 Except as expressly stated in writing, all Vehicles are sold "AS IS" and "WITH ALL FAULTS", subject only to non‑excludable statutory consumer protections.
7.3 Any manufacturer warranty remains solely between the Buyer and the manufacturer.
8.1 To the maximum extent permitted by law, MotorBay and the Seller shall not be liable for indirect, incidental, or consequential damages arising from use, resale, or ownership of the Vehicle.
8.2 Where statutory rights apply, liability shall be limited, at MotorBay’s option, to repair, replacement, or refund of the Purchase Price.
9.1 Failure by Buyer to complete payment constitutes a material breach and may result in forfeiture of deposits and suspension from the MotorBay platform.
9.2 Either party may terminate the Agreement for material breach subject to written notice and cure periods specified in the Agreement.
These Terms and all transactions conducted via MotorBay Auctions shall be governed by the laws of the State of Montana, USA. The courts of Montana shall have exclusive jurisdiction.
Neither party shall be liable for failure or delay caused by events beyond reasonable control, including acts of God, natural disasters, transportation shortages, labor disputes, or governmental actions.
Buyer may not assign rights or obligations without prior written consent from MotorBay.
These Terms, together with the Agreement and Auction Listing, constitute the entire agreement between the parties and supersede all prior representations.
If any provision is deemed unenforceable, the remaining provisions shall remain in full force and effect.
By registering on the MotorBay Auctions platform, placing a bid, executing an Agreement, or completing payment, the Buyer confirms acceptance of these Terms & Conditions.