These Terms and Conditions ("Terms") govern your access to and use of the IBM Auto Trade, Inc platform ("Service"). By creating an account, browsing the catalogue, or placing a bid, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
01 · The Agreement
These Terms form a binding agreement between you and us. Where a specific lot lists additional conditions of sale, those conditions apply in addition to these Terms. Where there is a conflict, the lot conditions control for that lot only.
02 · Your Account
You must be at least eighteen years old and legally able to enter contracts. You agree to provide accurate registration information and to keep it current. You are responsible for all activity under your account. Notify us at office@ibmautostrade.com if you suspect unauthorised access.
We may suspend or terminate accounts that violate these Terms, fail to pay invoices, or that we reasonably believe present a fraud risk.
03 · Bidding Rules
- Every bid is a binding offer to purchase the lot at the bid amount.
- Bids increment in fixed amounts (default $100). Minimum next bid is current bid plus increment.
- You may set a proxy maximum. The system bids in increments on your behalf, never exceeding your maximum.
- "Buy Now" price, where shown, ends the lot immediately upon a confirmed click.
- A bid placed in the final 30 seconds extends the lot end-time by 60 seconds (anti-snipe).
- The highest bid at gavel-fall, if equal to or above reserve, wins the lot.
- If the reserve is not met, the lot does not sell.
04 · Payment
On winning a lot, you receive an invoice for the hammer. Payment is due in cleared funds within three business days. Bank wire is preferred; ACH is accepted. Late payment incurs a 1.5% monthly carrying charge and may result in resale of the lot at your cost.
05 · Title & Risk
Title transfers when payment clears in full. Risk of loss transfers at the same moment. Storage is free for the first three days after payment; thereafter, daily storage charges apply at the rate listed in the lot description.
06 · "As-Is" Sale
All lots are sold as-is, where-is, with all faults. Photographs, descriptions, and odometer readings are believed accurate but provided for general information only. We make no warranty — express, implied, or statutory. Inspect every lot before bidding.
07 · Prohibited Conduct
You must not:
- Place bids without the financial means to honour them;
- Coordinate with other bidders to suppress bidding;
- Use bots or scrapers without our written consent;
- Attempt to bypass authentication or rate limits;
- Use the Service to launder funds or facilitate illegal activity;
- Misrepresent your identity, affiliation, or jurisdiction.
08 · Limitation of Liability
To the maximum extent permitted by law, our aggregate liability is limited to the greater of (a) the amount you paid us in the twelve months preceding the claim, or (b) one thousand US dollars. We are not liable for indirect, incidental, special, consequential, or punitive damages.
09 · Disputes
These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-laws rules. Any dispute will be resolved exclusively in the state or federal courts located in North Carolina.
10 · Changes
We may update these Terms from time to time. Material changes will be posted on this page with a new effective date and, where significant, communicated by email. Continued use of the Service constitutes acceptance.
Questions about these Terms? Write to legal@ibmautostrade.com.
Last reviewed March 18, 2024.
