Autos for Sale - Terms and Conditions
The following describes the terms of which MidWest America Federal Credit Union (“MWAFCU”) offers vehicles for sale through auction bids.
As a bidder (“Buyer”) using the MWAFCU website, you agree to be bound by the following Buyer Terms and Conditions (“Agreement”). MWAFCU reserves the right to amend the Agreement at any time without prior notice to you. If you do not agree to be bound by the terms and conditions of this Agreement, your bid on vehicles listed for auction on the MWAFCU website will not be accepted.
Bidding Overview: There is one (1) way to bid on vehicles offered for sale on the MWAFCU website:
Buyers may access MWAFCU’s website at www.mwafcu.org to view available automobiles selected for auction and submit bids electronically, in real time over the Internet, to compete for the highest bid among all potential, qualified buyers.
All units will be available for bid for a minimum of ten days.
Successful bidder will be contacted at the expiration of the sale, the buyer will be allowed to inspect the item and be given the first right of refusal.
You must read, agree with and accept all of the terms and conditions contained in this Agreement before you may bid.
1. Eligibility. As a Buyer, you must be 18 years of age and capable of forming legally binding contracts under applicable law. In addition, applicable federal, state, and local laws, regulations and restrictions may further limit bid eligibility. MWAFCU reserves the right to deny bidding privileges to any individual or entity, in its sole and absolute discretion.
2. Bidding/Registration. There is no registration required to bid. However, you must complete the on-line bid form to submit your bid.
3. Bids Entry. Once a bid has been submitted, it cannot be retracted, deleted, or
cancelled. By bidding on a vehicle, you agree to be bound by the conditions of this Agreement.
4. Successful bids. All successful buyers will be given three business days, after being notified they are the successful buyers, to inspect auto, pay for auto and accept delivery of auto or refuse purchase of auto.
5. Tie Bid Policy. In the case of a tie among high-bidders, MWAFCU membership will be used to decide the outcome. If one of the Buyers is a MWAFCU member, while the others are not, the Buyer who is a MWAFCU member will be declared the high-bidder. In the event that more than one of the Buyers are members of MWAFCU, length of membership will be used to determine the outcome; with the member possessing the longest MWAFCU membership tenure being declared the high-bidder.
6. Terms of Sale. THE VEHICLES AVAILABLE FOR BID ON THE MWAFCU WEBSITE ARE OFFERED IN “AS IS” CONDITION. MWAFCU EXPRESSLY DISCLAIMS ALL VEHICLE WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Payment in full, arrangements or refusal of auto must be complete within
three business days of notification.
7. Payment. MWAFCU will contact you following the close of the auction. Payment instructions are specified in the “Terms of Sale” section of this agreement.
8. Sales Tax Indemnification. You are responsible for paying all sales tax related issues that may arise. As a Buyer, you agree to indemnify, defend, and hold MWAFCU harmless from any and all sales tax assessments, fines, penalties, damages, and costs, including attorney fees, incurred as a result of a determination by taxing authorities that the transaction was subject to the payment of sales or excise tax.
9. Currency Denominations. Unless otherwise stated, all fees are quoted in U.S. Dollars.
10. Pricing. Pricing and availability of MWAFCU services are subject to change at any time.
10. Privacy. Protecting your privacy is very important to MWAFCU, as a result all information pertaining to this transaction will be held in private.
11. Compliance. You shall comply with all laws, statutes, ordinances and regulations regarding the use of MWAFCU services.
12. Sale Cancellation. MWAFCU may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw an item from a sale. MWAFCU will neither have liability nor obligation to Buyers as a result of any item withdrawal, or sale cancellation or postponement.
13. MWAFCU Proprietary Rights. Buyer acknowledges and agrees that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Buyer further acknowledges and agrees that content presented through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MWAFCU, Buyer agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
14. Bidding Revocation. MWAFCU reserves the right, in MWAFCU’s sole and absolute discretion and for any reason to limit Buyer activity, remove Buyer bids, suspend or revoke the activity of a Buyer, or refuse to provide our services to a Buyer.
15. Indemnity. Buyer agrees to indemnify and hold MWAFCU, its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of a Buyer’s breach of this Agreement or the documents it incorporates by reference, or a Buyer’s violation of any law or the rights of a third party.
16. Legal Compliance. Buyer shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding use of our service and purchase or solicitation of offers to purchase vehicles.
17. No Agency. MWAFCU and Buyer are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
18. Electronic Signatures and Contracts. BUYER ACKNOWLEDGES AND AGREES THAT ANY ELECTRONIC SUBMISSIONS SENT UNDER THEIR BUYER ACCOUNT CONSTITUTE BUYER’S AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES.