Sellers Agreement | Motonexus

SELLER'S AGREEMENT

Last Updated: September 1, 2022

This Seller's Agreement is a legal document that you will become a party to if you list an item for auction on the Motonexus website. Accessing the Motonexus website or becoming a registered user also has specific obligations. Please see the Terms of Use for complete details.

Below are some, not all, of the key components of what you are agreeing to as a Bidder. Please read and understand the agreement in full before bidding. These Highlights do not replace or supersede any part of this Buyer's Agreement. The Highlights are provided strictly for your convenience.

Highlights

Becoming a registered User, Seller, Bidder, is the same as signing this agreement with the rights and obligation listed herein
Listing an item for auction is the same as signing this agreement with the rights and obligation listed herein
Submitting an item to auction is the same as agreeing to an exclusive listing on Motonexus
Do NOT list and item to auction unless you plan to complete the transaction on Motonexus. Listing on multiple sites is a violation of this agreement and it’s unfair to bidders. We check for multiple listings before approving a new auction listing
If you list on Motonexus, there may be a listing fee or other fees (the “Seller's Fees”) to use this platform
The Seller's fees are listed on the Our Fees page
Seller’s fees are collected when your listing is approved
The Buyer and the Seller will be given each other's contact information to transfer funds and coordinate the pickup or transporting of the vehicle or any other item bought
Sellers should not transfer a vehicle or any auction item until full payment has been received from the Winning Bidder. Sellers and Buyers can choose to use Escrow.com, at your own expense, for additional security. Motonexus recommends that the Seller and the Buyer split the escrow fee
Motonexus asks Sellers to transfer title and a Bill of Sale in person with the Winning Bidder, or via a trackable delivery service (FedEX, UPS, USPS Priority Mail) once the vehicle has been received and approved by the Winning Bidder. A formal Bill of Sale is available for free from all DMV offices or online. Keys should be given to the transport company driver when shipping a vehicle. Do NOT send any paperwork with the transport company driver
Motonexus asks Sellers not to post any item on Motonexus if that item is available for sale on another site, auction, or advertisement of any kind. Motonexus will do a search and image search prior to approving an item for auction
Sellers have the right to expect, and buyers have an obligation to transfer funds as promptly as is practical
Motonexus asks Sellers to be 100% transparent about the condition of a vehicle or any other item they list on Motonexus. Show and describe the good, the bad, and even the ugly.
Motonexus is a platform for buying and selling collectible motorcycles, cars, trucks, parts, and all forms of automotive memorabilia. As such, there shall be no discussions about issues related to politics, religion, race, creed or color, sex, violence, illegal activity, or anything else that is offensive and unrelated to the mission of Motonexus

Motonexus does NOT inspect the vehicles auctioned on our platform. We do not provide any warranty or guarantee. We strive to have Sellers provide as much information as possible, along with the best photos the seller can provide. We recommend that for newer cars, you order a CARFAX report and provide an image of the report in your submission. CARFAX Reports are available for vehicles manufactured since 1981, when the 17-character VIN was standardized. For motorcycles with a standard 17-digit VIN found on any bike manufactured or sold in the USA since 1981, you can order a CycleVIN report. Also, consider offering bidders an opportunity to inspect the vehicle in person, or recommend Bidder’s use LemonSquad to order an in-person vehicle inspection. Motonexus is not partnered with any of these companies, and it is the obligation of the Bidder or the Seller to pay for their services. We offer these referrals for your convenience and protection. See our complete disclaimer below.

Motonexus Bidding Agreement

Motonexus, LLC (the “Company,” “us,” “we,” or “our”) provides the Motonexus.com website (the “Digital Services”) to facilitate the listing and sale of motorcycles, motor vehicles, parts, and automotive memorabilia through the Service (an “Auction Listing"). Before you utilize the Service as a Seller (the "Seller," “you,” or “your”), please review the following terms, which collectively form this “Seller's Agreement”.

The Motonexus Terms of Use (the “Terms of Use”), How It Works, Privacy Policy, and FAQs are integrated and incorporated herein by reference and with this Agreement, constitutes the entire agreement between the parties concerning this Agreement and the subject matter contained herein. No further warranties, representations, or other promises, oral or written, have been made or are made part hereof.

Disclaimer

This website (“Digital Service”, “The Platform”) is open to the public and anyone with an internet connection. Anyone can Sell, Bid and Buy vehicles and other items. Motonexus (“The Company”, “Company”, “us”, “we”, “our”) is only a facilitator of information. Motonexus provides the communication platform where Buyer’s and Sellers can meet and exchange information and offers. Motonexus has limited control over the quality and condition of items offered for auction on the Motonexus platform. The Seller acknowledges and agrees that Motonexus is not acting as a broker, dealer, negotiator, advocate for buyers or sellers, or a fiduciary in any transaction hereunder. The Seller acknowledges that Motonexus makes no warranty or guarantee with respect to any auction item, the description and other details provided by the Seller or the Buyer. Sellers acknowledge and accept that Motonexus relies on Bidders, Sellers and Buyers to be truthful and accurate with respect to the information they provide. The Seller agrees that Motonexus shall not be liable for any loss, including but not limited to, a Buyer who does not complete a transaction, an auction item that is not as described in the auction listing, damage incurred to an auction item during, after or while in transit to the Buyer. Motonexus does not, at any time, take custody of titles, vehicles, or any other auction item. Motonexus shall not have any responsibility for the delivery of any auction item, its maintenance, repair, security, or insurance.

Scope

This Agreement applies to the extent you use the Digital Services to (a) act as a “Seller” submitting items and expressing an intent to sell vehicles or other products on the Digital Services, (b) as a visitor, registrant or user in any other capacity permitted by these terms (together with “Buyers” and “Sellers,” collectively, “Users”). This Agreement sets forth the legally binding terms governing your access and use of the Digital Services. This Agreement applies to Motonexus and its affiliates only and does not cover other companies, including third parties that may advertise or sponsor content, products, or services on the Digital Services or any third-party platforms (such as social media platforms or app stores) or other channels that you may use to access the Digital Services or any Content (as defined below). This Sellers Agreement, along with our, Terms of Use, Privacy Notice, Our Fees, and any FAQs, and any additional guidelines, terms, procedures, or rules that may apply to a specific feature of the Digital Services (collectively, the “Agreement”) that are owned or operated by Motonexus or its affiliates (“we”, “us”, “our” or “Motonexus”), are incorporated herein by reference and are hereby made a part of this Agreement, and with this Agreement are a contract in electronic form between you (“you,” “your,” and “yourself”) and Motonexus and constitutes the entire agreement between the parties concerning this Agreement and the subject matter contained herein.

Term

This Agreement (the “Term”) shall start and become effective on the date and time that you submit an item for auction and shall terminate on the date that you have completed your obligations to Motonexus and to any Buyer who has placed a Winning Bid, or, the termination of the auction end date for an auction item that did not sell, whichever date and time comes later.

An Auction can last from one (1) to seven (7) days on Motonexus, the time period is selected by the seller. If the Item does not sell by the end date, the post will (i) move to the Completed Auction area or (ii) be automatically relisted for another seven (7) day period. Sellers can relist an unsold Item one (1) or two (2) times. Sellers may choose a relist option when they submit an item to auction.

How It Works

Sellers, Bidders, and all other Registered Users of the Digital Services are requested to visit the How It Works area for complete details on the Auction process. Utilizing the Digital Service to facilitate purchasing a vehicle or other items is described in detail in the Terms of Use and the How It Works section of the Motonexus website. Please thoroughly review those sections to ensure a complete understanding of the process and your obligations hereunder and thereunder. The following terms are important to understand:

Seller is an individual private party or a dealer that has submitted an item to be auctioned on Motonexus
Bidder is an individual private party or a dealer that has submitted an offer and intends to complete a purchase of the auction item
Buyer's Premium is a separate fee charged to the Winning Bidder for using the Motonexus Digital Service
Seller's Fees are fees charged to a Seller who submits an item for auction. Seller's fees may include listing fees and premium ad fees. As of this writing, Motonexus does not have a listing fee for Sellers but does offer an option Premium Ad for a small fee
Winning Bidder is the Bidder that places the highest offer that meets or exceeds the Reserve for such Auction hereunder (the “Winning Bidder”). The winning bidder has an obligation to complete the transaction (i) by paying the Motonexus buyer's premium fee, (ii) by delivering the required funds to the Seller, and (iii) by arranging for transportation and the cost of transportation of the auction item
Reserve Price is the minimum amount the Seller is willing to accept to complete the sale of an auction item. The Reserve Price is never shown or communicated to Bidders
No Reserve auctions do not have a minimum price restriction. The auction item will sell to the highest bidder at the close of the auction
Contact Seller is an email feature that enables bidders to communicate with a Seller directly. You agree that all such communication shall occur through the Motonexus Service. You shall not exchange direct contact information with a Seller or attempt to contact a Seller other than through the Service while the auction is active. Neither the Seller nor the Bidder may exchange phone numbers, email addresses, or physical addresses intending to conduct a transaction outside the Motonexus Digital Service
Time Limit an Auction shall remain active on the Digital Service for as long as the Seller agrees to keep it posted. Motonexus has no limit regarding how many times an available vehicle or item may be listed
Sniping Prevention is a feature of Motonexus to prevent the use of external software-enabled bidding and bids placed at the last second. Bids placed in the last seconds of an auction will automatically extend the auction for a brief period. We regularly change the number of seconds used to trigger the snipping prevention and time extension. Typically, but not always, we trigger Sniping Prevention within the last 2 minutes of an auction.

When an Auction goes live

Bidder’s and Sellers are allowed to communicate openly in the comments section of an auction listing, and via the Contact Seller feature. Contact Seller is an email feature that enables a private conversation between the Seller and a Bidder or prospective Bidder or Buyer. Under no circumstances may Bidder’s and Sellers coordinate with each other to use the Digital Service to facilitate the purchase of an Auction Item at the exclusion of the Company and/or to avoid payment which would otherwise be due to the Company
No Bidder shall Bid on an Auction Vehicle or Item at the direction of a Seller. No Bidder shall take any other action to artificially increase the price of an Auction Vehicle or Item without the actual intent to purchase said Auction Vehicle or Item in good faith and complete the transaction through to delivery
You agree not to circumvent the Service in order to buy an Auction Vehicle or Item from a Seller whom you contacted or who contacted you through the Service. In the event such a sale takes place within ninety (30) days of the conclusion of an Auction, you agree to pay the applicable fees to us, per the Pricing and Fee Terms, as if the sale were facilitated through the Service. The fees are calculated based on the Reserve or the actual sale price, whichever is greater.
When Bidder’s place their first bid on an auction item, Motonexus will request and place a hold on their credit card, ensuring that a serious Bidder is bidding on your auction
The purchase of any auction item is not contingent upon financing. THE BUYER ACKNOWLEDGES AND AGREES THAT BUYER'S OBLIGATIONS UNDER THIS BUYER’S AGREEMENT ARE NOT CONTINGENT UPON THE WINNING BIDDER OBTAINING A LOAN FROM ANY LENDER. PAYMENT IN FULL IS EXPECTED PROMPTLY FOLLOWING THE END OF THE AUCTION. ACCORDINGLY, BUYER’S ARE OBLIGATED TO PERFORM THEIR OBLIGATIONS UNDER THE BUYER’S CONTRACT WHETHER OR NOT THEY CAN OBTAIN A LOAN TO FINANCE THE PURCHASE OF THE PROPERTY.

When an Auction has ended

Motonexus shall provide the Winning Bidder's contact information to the Seller, and we shall provide such Seller’s contact information to the Winning Bidder. The Winning Bidder agrees to arrange for the prompt exchange of funds and the Auction Vehicle or Item. The exchange of funds, method of exchange of funds and the auction Item shall be solely the responsibility of the Buyer and the Seller
Buyers are responsible for arranging transportation of a vehicle or any other auction item. As the Seller you may choose to share some expenses at your discretion
Sellers are required to make auction items reasonably accessible for pickup, either by the Winning Bidder or by a transport company. If the transport company cannot access the location where the vehicle, or other auction item, is stored, it is your responsibility to make the auction item accessible. Transport companies for vehicles will arrive in semi-trucks with long trailers. The transport company driver must be able to maneuver safely and not block traffic. Motonexus recommends that sellers request a call in advance of the driver arriving, and take their vehicle to a large nearby parking lot or another area where the driver can easily park, maneuver and load the vehicle
Sellers may or may not be liable for sales or use taxes when selling a vehicle or other item. Check your local laws. The Seller is responsible for paying all applicable sales taxes, use taxes, as required by local and State law, and may collect sales or use tax from the Winning Bidder as necessary. We recommend that Sellers include in their description a comment to this effect (“I am required to collect sales or use tax on the sale of this item. Tax is calculated on the total sale amount, including the Buyer’s premium”) WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER WITH REGARD TO ANY INFORMATION POSTED ON THE SERVICE, WHETHER BY THE COMPANY OR IN THE FORM OF USER CONTENT BY A THIRD PARTY, REGARDING TAXES AND FEES RELATED TO THE PURCHASE OR SALE OF A VEHICLE
You agree to accept payment from the Buyer by one of the following methods: cash, credit card, cashier’s check, certified check, electronic funds transfer, or wire transfer of immediately available funds. Sellers may, but shall not be required to, accept other forms of payment such as PayPal, Venmo, Square Cash, or cryptocurrencies
You agree to take appropriate action to facilitate the transfer of title to the Auction Vehicle as soon as possible following receipt of payment of the applicable amount for the Auction Vehicle
You, as the Seller, agree to assist the Buyer with coordinating shipping or other transportation, or facilitating pick-up of the Auction Vehicle
Seller agrees to pay Motonexus a Sellers Listing Fee, as compensation, as per the How It Works, Our Fees, and FAQ pages sections of the Website found at: Our Fees, How It Works, FAQs, are incorporated herein by reference and are hereby made a part of this Agreement, and per the selections made by you the Seller during Listing creation. Said amounts, as described in Our Fees, will be retained by Motonexus as part of Motonexus’ compensation. Seller understands that, the Seller’s Fee (if any) will not be refunded to the Seller under any circumstance. All bids, offers and fees are in United States Dollars (“USD”)

Seller Representations and Warranties

Seller represents and warrants that Seller: (i) has all appropriate consents, approvals and authority to enter into this Agreement, (ii) has all appropriate right(s), license(s), permit(s), fund(s)/credit(s) for the sale, and authorization(s) to the extent required by law to carry out its responsibilities set forth herein, and (iii) shall not rely on Motonexus to provide services as an agent/closer, title company, attorney, appraiser, certified public accountant or any other expert for Seller and Seller has been expressly advised to seek independent advice from an attorney and any other expert of Seller’s choosing regarding this Agreement and all other matters relating to the sale of the Listing, including, without limitation, the valuation and condition of the Listing. Seller further represents and warrants that all the information provided herewith, or which may be provided to Motonexus, shall be true, complete and correct.

Indemnification

Seller hereby agrees to indemnify Motonexus, its successors, assigns, licensees, owners, officers, employees and agents, and hold them harmless from and against any and all claims, liability, losses, damages, costs, and expenses (including reasonable attorneys’ fees and costs), judgments and penalties (collectively “Liabilities”) arising out of, resulting from, or based upon the breach by Seller of any representation, warranty or covenant made under this Agreement, including, but not limited to, any and all Liabilities arising from Seller’s failure to provide true and accurate information to Motonexus or complete a transaction with the Buyer or otherwise close the sale of the Listing in accordance with this auction agreement, and/or the terms and conditions hereof. Seller will give prompt notice to Motonexus of any correspondence or actual or threatened lawsuit or other legal action which may cause Liabilities hereunder and of which Seller becomes aware.

Our total liability to you concerning all losses arising under or in connection with this Seller's Agreement or the Terms of Use, whether in contract or in tort or breach of any statutorily created obligation or duty, or otherwise, shall be limited to, and shall not exceed the total amount you paid to us in the twelve (12) month period immediately preceding the event giving rise to any such liability.

Governing Law

This agreement shall be governed by the laws of the State of California. In the event the agreement to arbitrate herein is found not to apply to this Agreement, Seller hereby irrevocably submits to the jurisdiction of the courts of the State of California and the courts of the United States for California.

Disputes

Seller agrees that any claim, demand, controversy, dispute, or cause of action arising out of or in any way concerning, relating, or referring to this Agreement (each a “Claim”) shall be resolved exclusively by binding arbitration. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. Seller and Motonexus both hereby waive any right to a jury trial under this Agreement.