Welcome! Thank you for using Boacon Autos.com. When you use Boacon Autos website, products, and services, you are agreeing to our terms and conditions, so please take a few minutes to read over the Member Terms and Conditions below. As a registered member with Boacon Autos.(Company) and user of the website (Website) www.boaconautos.comyou agree to be bound by the following Terms and Conditions, and Privacy Policy, which are all available at www.boaconautos.comand are incorporated herein by this reference (this “Agreement”).  You are entering into a binding legal contract. This Agreement sets out the terms and conditions on which Company offers you access to and use of the Website and its products, applications, tools, and services (collectively “Services”). Please be advised that this Agreement affects your legal rights against Company and governs how claims you and Company have against each other are resolved. You should read this entire Agreement before accepting it. In addition to the terms and conditions contained herein, conditions listed on the internet, the Purchase Order Agreement and Deposit Agreement are hereby incorporated into this Agreement by reference as if set forth fully herein. Company reserves the right to revise or amend this Agreement at any time without prior notice to you. Any modifications to this Agreement are effective upon posting such new Agreement on our Website. Your submission of a bid or other action taken utilizing your membership, our Website, or any other action or inaction related to our provision of Services following the posting constitutes your acceptance of such modification. Please check this Agreement periodically for changes.

1. Vehicle Condition and History Disclaimer.

ALL VEHICLES ARE SOLD “AS-IS WHERE-IS” Any vehicles or other items purchased from or sold through Company’s Website or Services come AS-IS, WHERE- IS. No warranty of any kind is included with any item sold including vehicles.  Company does not guarantee the accuracy of any of the information provided online or otherwise for vehicles and other items sold through Company’s Website or Services, and the information is only provided for convenience.  The information provided is not intended to and does not constitute a representation or guarantee of any kind.  You agree that you are not relying on this information to make a purchase. You agree that it is your sole responsibility to research vehicles in other ways (including but not limited to VIN history checks and in-person vehicle inspections) before making a purchase. Keys may not be included with the vehicle, even if they are pictured on the Website. VIN plates also may not be included, since they are not required by some jurisdictions. Parts may be missing. Company does not guarantee that vehicles meet or can be modified to meet local emission and/or safety requirements. It is your responsibility alone to research and inspect items before purchase. Whenever purchasing a vehicle or other item through Company’s Website or Services, you agree that the item comes AS-IS regardless of repairs required.

2. Information Accuracy Disclaimer

THE WEBSITE AND SERVICES ARE AVAILABLE ON AN “AS-IS” AND “WHERE-IS” BASIS, WITHOUT ANY GUARANTEES OF ACCURACY OR FUNCTIONALITY. COMPANY DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED. COMPANY DISCLAIMS ANY CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND.

3. Membership

Boacon Autos has priced its Services based on your acceptance of this Agreement, specifically including the validity of its waivers, disclaimers, and allocation of risks as assigned, as provided in this Agreement. You agree that these waivers, disclaimers, and the allocation of risks as provided herein are essential to the basis of the bargain between you and Boacon Autos, and that without such Boacon Autos would not provide the Services to you at our current rates.

Membership Eligibility

You may register as a Member with Company if you are at least 18 years of age and if you can form legally binding contracts under applicable law. Please limit one membership per person, membership is not transferrable. In addition, state-specific registration requirements and applicable laws, regulations, and restrictions may further limit Member registration and vehicle purchasing eligibility. Company reserves the right to deny membership privileges to any individual or entity, in its sole and absolute discretion.

Membership Types

In order to bid on a vehicle, you must be a Member in good standing, provide a copy of a valid US driver’s license, state-issued ID or a passport at the time of registration. You are also required to maintain a minimum Security Deposit in order to submit a bid.

1. SILVER membership is a free registration that allows Buyer to purchase 1 vehicle using Pre-Bidding only at an auction facility in which Company’s purchasing eligibility is not restricted by yard-specific registration requirements, applicable laws and/or regulations.
2. GOLD membership is a $100 USD non-refundable annual registration that allows Buyer to purchase unlimited type and number of vehicles using Pre-Bidding and Live Auction Bidding at any auction facility except for a few States. This registration will automatically renew each year and Buyer will be charged a non-refundable $125 USD annual renewal fee unless the subscription is canceled before the next scheduled payment.
3. PLATINUM membership is a $500 USD non-refundable annual registration that allows Buyer to purchase unlimited type and number of vehicles using Pre-Bidding and Live Auction Bidding at an auction facility in which Company’s purchasing eligibility is not restricted by yard specific registration requirements, applicable laws and/or regulations. This registration will automatically renew each year and Buyer will be charged a non-refundable $125 USD annual renewal fee unless the subscription is canceled before the next scheduled payment.

Company reserves the right to increase or decrease registration and renewal fees at any time without prior notice to Members. Members who fail to fulfill their obligations their obligations under this Agreement, and or breach this Agreement, are subject to revocation of their membership.

4. Security Deposit

Before bidding, you must place a refundable Security Deposit of $400.00 USD or 10.0% of intended maximum bid, whichever is greater (“Security Deposit”). By placing a Security Deposit with Company, you agree to the terms set forth herein for when the Security Deposit can or cannot be refunded, and by what method that Deposit can be refunded. By becoming a Member of our service and providing credit card information to us, you authorize us to automatically annually renew your Membership at the then current Member rates, and you authorize us to authorize us to apply your Security Deposit, in full, to any fees, costs, purchases, and or any other outstanding balance on your account. Before the Security Deposit can be refunded, your account must meet the following conditions: no active bids, no active purchases, no outstanding offers, no balances due, no vehicles awaiting pickup, no outstanding paperwork to be submitted, and no other potential financial liabilities. When all these conditions are met, and upon written request, Company may refund the Security Deposit at its discretion, and reserves the right to withhold the Security Deposit for any reason it sees fit.

5. Sale Policies
6. Payment

Payments (other than the Security Deposit) shall be made via wire transfer only. We do not accept credit cards for purchases. We do not deduct your Security Deposit from any payments due, unless your Security Deposit was made by wire transfer. If Company holds a Security Deposit because of a balance owed, you must submit payment via wire transfer (or other secure method determined by Company) before Security Deposit can be refunded. In the event that you refuse to pay via specified payment method or in a timely manner, any amount of the Security Deposit up to and including the full amount (even if it is greater than the balance owed) will be applied against the balance due. By applying the Security Deposit to a balance on your account we have not waived the right to pursue all legal and equitable remedies to collect the full amount due. By using our Website, products, and Services, you agree that we are authorized to charge any credit card on file for fees, payments, and or any other amount due under this Agreement. All sales are final.

Bid Rejection and Placement.

Company reserves the right to reject or void bids for any reason, in Company’s sole and absolute discretion. While Company does its best to place all bid requests provided by you, there is no guarantee that all bids will be placed. You agree to indemnify, defend, and hold Company harmless for any and all liability arising out of bids that are rejected, voided, or not placed.

Sale Cancellation.

Company may postpone a sale, cancel a sale, or withdraw a vehicle from a sale with or without notice. Company will neither have liability nor obligation to you as a result of any vehicle withdrawal, sale cancellation, or postponement.

Vehicle and Ownership Document Release.

Company reserves the right not to release any vehicle or vehicle ownership document for any reason. All ownership documents will be mailed from auction facility to Company, and then Company will cause the ownership document to be reassigned to you. You must submit a signed bill of sale and a valid copy of a government issued ID before ownership documents will be reassigned to you.

Bids Entered.

Once a bid has been submitted, it cannot be retracted, delete, or cancel the bid.

Relist Fees.

In the event a vehicle is not paid for within the time specified by Company, you agree that Company may, in its sole and absolute discretion, cancel the sale, relist the vehicle for sale. If this occurs, you agree to pay Company the Relist Fee. The Relist Fee is the sum of two fees, the Auction Fee and the Company’s Transaction Fee. The Auction Fee is the greater of $1,000.00 USD or 15.0% of the sale price. The Company’s Transaction Fee is the greater of $299 or 10% of the sale price. Relist fee must be paid by wire transfer only. In the event that you fail to pay the Relist Fee by wire transfer within the time specified, this Relist Fee will be taken from your Security Deposit paid in advance to Company. Even if your Security Deposit is utilized for the Relist Fee, if you do not pay the Relist Fee by wire transfer within the time specified, you are still responsible for the balance of the Relist Fee, plus any collection costs, including court costs and reasonable attorney’s fees. You agree that failure to pay all outstanding balances due on your account may result in your account being referred to a third party for collections purposes, with the addition of a One Hundred Dollar ($100) collections fee to the original amount owed plus any other collection costs, including court costs and reasonable attorney’s fees. You agree to verify Relist Fees and relist dates prior to bidding on vehicles. If you cause excessive vehicles to be relisted, you are subject to suspension or revocation of your bidding privileges.

Vehicle Abandonment.

If the vehicle is not paid for and/or picked up from the auction facility within seven (7) days of the sale date, Company reserves the right to consider the vehicle abandoned, to take over ownership, resell it, and to bill you for an amount up to and including the full purchase price of the vehicle plus any amount of storage fees or resale fees as Company sees fit.  

Loss Risk.

When you bid on or process a purchase through Company’s Website or Services, you take full responsibility for any losses that may result from the purchase. You acknowledge that the auction facility is acting as the Bailee of your vehicle until the vehicle leaves the auction facility premises. You agree that Company and the auction facility are not responsible for any damages or losses that take place while the vehicle is at the auction facility premises. Company and auction facility shall not be responsible for any losses that take place after the vehicle has left the auction facility premises. Once a vehicle is removed from the auction facility’s premises it is accepted AS-IS, and under no circumstances will Company or auction facility be liable for any claims of damage or loss of any kind or nature whatsoever.

Registration Laws Disclaimer.

We do not guarantee that any vehicle purchased can be legally registered in any state or country. We do not guarantee that the vehicle will include proper registration paperwork, even if the vehicle is listed as including paperwork. Because of differences in state laws and regulations, even if the vehicle can be registered, your state or country may register the vehicle with a different type of title. For example, a title listed as clean or clear in one state may be registered in another state as damaged, salvage, or other type of title. Member accepts all risks associated with changes in the vehicle title and registration rules between states and countries, even those that may negatively impact the value or usability of the vehicle. Information provided regarding the vehicle’s registration, title, and paperwork status is based only on the information provided by the auction facility and is not guaranteed to be accurate or complete. By using our services, you acknowledge your understanding of this and accept full responsibility for researching vehicles before bidding. Due to the nature of this type of transaction, it may take four to seven weeks, or more, to get registration papers, if any, to you. Member accepts the possibility of delay, without recourse.

Use of Affiliated Dealers and Brokers

You expressly authorize Company to engage one or more affiliated dealer(s) or broker(s) as needed to facilitate your purchase of any vehicle through Company’s Website or Services, and you expressly agree to release and hold harmless any affiliated dealer or broker from any claims, disputes, or causes of action of any kind.

Separate Rules Governing International Sales in Which Boacon Autos Facilitates Transportation

Ownership of the automobile on which you have successfully bid does not transfer until arrival of your automobile at the International port of delivery. You are responsible for the transfer of ownership of your vehicle (including without limitation registration in your name, if applicable) and hereby release us from and agree to defend and indemnify us against any related liability, damages and losses. Please review our general release and indemnity provisions in these Member Terms and Conditions for more information. The Vehicle Abandonment and Storage Fee charge that is incurred if buyers do not promptly remove a vehicle from the auction facility does not apply where the purchase and shipping through Boacon Autos are paid for in full within forty-eight (48) hours of the end of the auction. No buyer may pick up a vehicle directly from any auction yard. You do assume responsibility for picking up the vehicle from the international port of delivery. The Sale Date for any vehicle you purchase is the date on which you take possession of the vehicle at the international port of delivery. The Sales Date is not be the date on which your vehicle is picked up by the transporter for delivery to you but instead, the date of arrival of the automobile at the International port of delivery. Once your vehicle arrives at the international port of delivery, you accept the vehicle AS IS and WHERE IS and WITH ALL FAULTS. Please review our general release and indemnity provisions in these Member Terms and Conditions for more information. Transportation of the vehicle by ocean is subject to the provisions of the Carriage of Goods by Sea Act of the United States, 46 U.S.C. sections 1300-1315 (hereafter, “COGSA”), and all limitations of damages set forth therein.

7. Copyrighted Material

All material on the Website is copyrighted material of Company and its partners. By using Boacon Autos.com, you agree not to copy or reproduce any of the materials on the Website. The materials on the Website may not be displayed or reproduced on any other site. You also agree not to mirror the Website or any of its materials, or to frame them for any reason without express permission.

8. Account Security

By using the Website, you accept full responsibility for your login information and any bidding or purchase activity that may result from use of that login information. It is up to you to keep that login information secure. If anyone other than you use that login information to bid on or purchase a vehicle, you will be financially liable for all associated costs up to and including the full purchase price of the vehicle and any applicable fees.

9. Legal
10. Forum Selection, Venue, Jurisdiction, Choice of Law, and Service of Process.

You acknowledge and accept the following as express conditions to using Company’s Website and Services: This Agreement, your use of Company’s Website and Services, and your relationship with Company shall be governed by the laws of the State of Oregon without reference to the principles of conflicts of law. You and Company hereby irrevocably submit to the exclusive jurisdiction of and agree that all disputes, claims, and causes of action arising out of or related to this Agreement, your use of Company’s Website or Services, or your relationship with Company shall be litigated in the state courts of Multnomah County, Oregon, or the federal courts of the Oregon. You consent to service of process by certified or registered mailing of the summons and complaint to the last address provided by you to Company. You acknowledge and expressly consent to the choice of law, mandatory forum selection, and service provisions set forth herein. PENALTY FOR VIOLATION OF THIS SECTION: You agree not to file or initiate litigation or any legal action (including arbitration or small claims actions) against the Company in any jurisdiction other than as provided, herein. Additionally, you agree that any applicable limitations period(s) will not be tolled during the pendency of any litigation or action instituted in any jurisdiction other than a state court located in Multnomah County, Oregon, or federal court for the District of Oregon. In the event file or initiate litigation (including arbitration or small claims actions), you hereby agree to pay all costs (including but not limited to court fees, attorney’s fees, travel expenses, and other related expenses) incurred by the Company related to the Company’s efforts to get such litigation or action dismissed and/or transferred to a state court located in Multnomah County, Oregon, or federal court for the District of Oregon.

Limitations Period

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM, DISPUTE, OR CAUSE OF ACTION AGAINST THE COMPANY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH SUCH CLAIM AROSE OR BE FOREVER BARRED.

Limitation of Liability

REGARDLESS OF PREVIOUS PARAGRAPHS, IF COMPANY IS FOUND TO BE LIABLE IN ANY CLAIM, DISPUTE, OR CAUSE OF ACTION RELATED TO YOUR PURCHASE OF A VEHICLE OR YOUR USE OF COMPANY’S WEBSITE OR SERVICES, COMPANY’S LIABILITY TO YOU OR TO ANY THIRD-PARTY IS LIMITED TO THE AMOUNT OF THE PURCHASE PRICE AND RELATED FEES FOR ANY VEHICLE(S) IN DISPUTE; AND IF COMPANY IS FOUND TO BE LIABLE IN ANY CLAIM, DISPUTE. OF CAUSE OF ACTION RELATED TO ANY OTHER FEES AND/OR CHARGES UNDER THIS AGREEMENT OR AS A RESULT OF YOUR USE OF COMPANY’S WEBSITE OR SERVICES, COMPANY’S LIABILITY TO YOU OR TO ANY THIRD-PARTY IS LIMITED TO THE AMOUNT OF THE FEES AND/OR CHARGES IN DISPUTE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM OR ARE RELATED TO THE PURCHASE, SALE, DISTRIBUTION, USE OF (OR INABILITY TO USE) ANY VEHICLE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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 this Agreement and all other written agreements with Company remain in full force and effect and shall in no way be affected, impaired, or invalidated, and the parties 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 provision.

Integration.

Except as otherwise stated herein, this Agreement is the entire and sole agreement of the parties hereto with respect to its subject matter, and there have been no representations, warranties, or promises outside of this Agreement.

Indemnification

By using Company’s Website or Services, you agree to release Company, its auction facility partners, customers, users, employees, and other related and affiliated parties from any and all liabilities, costs, expenses, damages, claims, and causes of action.

Revisions

Company reserves the right to change any part of this Agreement at any time, with or without prior notice. The latest version of this Agreement will be made available on the Website, and it is your responsibility to ensure that the latest version of this Agreement is understood before bidding on or purchasing any vehicles through Company’s Website or Services.