Twin Cities Auctions Terms of Service

 Effective Date: November 11th, 2024

Welcome to Twin Cities Auctions

Welcome to Twin Cities Auctions, LLC (“TCA,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the services provided by Twin Cities Auctions through our online vehicle auction platform (the “Platform”). By accessing or using the Platform, including registering an account or participating in any auctions, you agree to these Terms in full. If you do not agree, please discontinue use of our Platform immediately.

1. Company Information

• Legal Name and Structure: Twin Cities Auctions, LLC, a Limited Liability Company registered in Minnesota.
• Contact Information: Support@TwinCitiesAutoAuctions.com | Phone: 763-202-7252 | Address: 9643 161st Ave NW, Elk River, MN 55330

2. Services Offered

• Primary Services: Twin Cities Auctions operates an online vehicle marketplace where buyers and sellers transact in vehicles, including auctions, offers, buy-it-now options, and negotiation services.
• Additional Services: We also offer Vehicle Service Contracts, Vehicle Transport Services, vehicle reconditioning services, and other on-premise vehicle services.

3. Agreement to Our Legal Terms

These Terms constitute a legally binding agreement between you and TCA. By using our Platform, you acknowledge that you have read, understood, and agree to comply with these Terms, including any future modifications.

4. Eligibility and Registration

• Eligibility Requirements: Use of our services is restricted to individuals who are at least 18 years old and legally capable of entering into binding contracts. Account creation requires submitting specific information, such as name, driver’s license, insurance information, and a valid credit card. We may require identity verification.
• Registration Requirements: There are two account types: Buyer and Guest. Buyers may bid and make purchases; Guests have limited platform access.
• Multiple Accounts: Users are expressly prohibited from creating multiple accounts.
• Account Security: Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. TCA cannot and will not be liable for any loss or damage arising from the user’s failure to comply with this obligation.

5. Auction Process

• Bidding Mechanism: Users may make pre-auction offers that are treated as proxy bids. Live auctions take place with incremental bids of $50.
• Bid Retraction: Bids are binding and cannot be retracted. All bids constitute a contractual agreement to pay if you are the winning bidder.
• Reserve Auctions: Vehicles may be offered with or without reserve prices, which are set internally and not disclosed unless the reserve price is reached.
• Winning Notification: Winning bidders will be notified via their registered account and email.

6. Payment Terms

• Accepted Payment Methods: We accept cash (up to $500), credit cards (Visa, Mastercard, American Express; fees may apply), wire transfers, cashier’s checks, and business checks from pre-approved dealers.
• Payment Deadline: All payments must be made within 72 hours (3 business days) of winning the auction
• Fees: Buyers must pay a buyer’s premium as outlined in our fee structure. Administrative and Buyers Premium fees apply to all transactions. DMV fees apply to all transactions according to the rules and laws of the applicable DMV.
• Sales Taxes and Corrections: Buyers are responsible for any applicable sales taxes. TCA reserves the right to correct pricing or fee errors at any time.

7. Vehicle Conditions and Warranties

• As-Is Sales: All vehicles are sold on an “as-is, where-is” basis without any warranties, express or implied, including merchantability or fitness for a particular purpose. Buyers are encouraged to inspect vehicles before bidding.
• Disclaimer on Condition Information: Vehicle information, including condition reports and mileage disclosures, is provided for convenience only and may be inaccurate or incomplete. Buyers should not rely solely on this information and are responsible for conducting their own inspections and due diligence.
• No Guarantee of Resale Value or Condition: TCA does not guarantee the future resale value or marketability of purchased vehicles.

8. Vehicle Inspections

• Inspection Policy: Buyers may inspect vehicles but may not test-drive them. Inspections must occur before the end of the auction. There are no inspections allowed post-auction. All sales are final.
• Title Information: Title transfers may take 8-12 weeks or longer, depending on state processing times. Out-of-state buyers may experience additional delays.

9. User Conduct and Responsibilities

• Respectful Behavior: Users must conduct themselves in a courteous and professional manner when interacting with staff, other bidders, and visitors. Harassment, discrimination, intimidation, or any form of disrespectful conduct will not be tolerated.
• Zero-Tolerance for Aggressive Behavior: Twin Cities Auctions has a zero-tolerance policy for physical altercations, threats of violence, or the use of offensive, derogatory, or discriminatory language. Any such behavior may result in immediate removal from the premises, suspension of bidding privileges, or permanent account termination.
• Honest and Ethical Bidding: Users agree to place only genuine bids, avoid collusion, and refrain from fraudulent or deceptive bidding practices. All bids placed are binding and final.
• Compliance with Auction Rules: Users must follow all auction rules, including payment deadlines, pickup schedules, and site regulations. Any disputes must be handled professionally with Twin Cities Auctions staff.
• Reporting Concerns: If a user feels unsafe or witnesses conduct that violates these expectations, they should notify Twin Cities Auctions staff immediately.
• Prohibited Persons and Export Compliance: Users represent that they are not subject to any U.S. government sanctions, embargoes, or trade restrictions (e.g., individuals or entities on the Office of Foreign Assets Control (OFAC) list). Users are solely responsible for complying with all applicable export regulations and ensuring that any purchased vehicles are not exported in violation of U.S. or international laws.
• Indemnification for Guests and Representatives: Users are responsible for the conduct of any representatives or guests who accompany them to Twin Cities Auctions’ facilities or act on their behalf on the platform. This includes any violations of TCA rules, misconduct, or property damage caused by their representatives or guests. Users agree to indemnify and hold Twin Cities Auctions harmless from any claims, damages, or liabilities arising from the actions of their guests or representatives.

10. Intellectual Property

All content on the Platform, including photos, videos, and vehicle listings, is owned by TCA and protected under applicable copyright laws. Unauthorized use, reproduction, distribution, or derivative works from any content on our Platform is prohibited.

11. Data Privacy and Security

• Data Collection: We collect personal information for registration, transaction, marketing, and user experience improvement purposes. Data collected includes driver’s license details, contact information, and payment data.
• Usage and Security: User data is used to improve Platform services, conduct marketing, and comply with legal obligations. We employ encryption and other security measures to protect user data. While we employ reasonable security measures, TCA cannot guarantee absolute security of user data.
• Privacy Compliance: We comply with applicable federal and state privacy regulations. Users should refer to our Privacy Policy for additional details.

12. Limitation of Liability

• Liability Caps: TCA’s liability shall not exceed the value of the vehicle transaction and excludes any direct, indirect, consequential, or incidental damages, including loss of profits, data, or other intangible losses.
• Risk of Loss: Users assume all risk of loss or damage to vehicles post-sale. TCA is not liable for damage during transportation or after the vehicle leaves TCA premises.
• Personal Injury and Property Damage: Users assume all risks when accessing TCA facilities, including risks related to vehicle inspections. TCA is not liable for any personal injury, property damage, or indirect damages arising from the use of the Platform or purchase of vehicles.
• Vehicle Loading and Pickup: Buyers are solely responsible for vehicle loading, securing, and transportation, and assume all associated risks. TCA is not liable for damages incurred during these activities.

13. Dispute Resolution

• Governing Law: These Terms shall be governed by Minnesota law. All transactions are deemed to take place in Minnesota, and users consent to the exclusive jurisdiction of Minnesota courts for any disputes arising from these terms.
• Arbitration: Any disputes that cannot be resolved amicably may be brought before the courts in Sherburne County, Minnesota. However, TCA reserves the right to mandate arbitration in accordance with the rules of a recognized arbitration organization.
• Precondition to Claims: Users must attempt to resolve disputes informally with TCA before initiating arbitration or legal proceedings.
• Class Action Waiver: Users waive any rights to pursue claims on a class basis. All claims must be brought individually.

14. Termination of Services

TCA reserves the right to suspend or terminate user accounts for any reason, including non-payment or violation of these Terms. Users must settle outstanding obligations before termination.

15. Modifications to Services or Terms

TCA may modify these Terms or the services offered at any time. Users will be notified by email, and changes will be effective upon posting on our website. TCA also reserves the right to modify or discontinue any part of the service at any time without prior notice, and TCA shall not be liable for any such modifications or discontinuance.

16. Force Majeure

TCA shall not be liable for delays or failures in performance resulting from acts of God, pandemics, government actions, natural disasters, supply chain disruptions, or any other events beyond our reasonable control.

17. User Account Security

• Account Responsibility: Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. TCA cannot and will not be liable for any loss or damage arising from the user’s failure to comply with this obligation.

18. Terms of Selling on the Twin Cities Auctions Marketplace Platform

By listing vehicles for sale on TwinCitiesAutoAuctions.com, you agree to the following Conditions:

1. Ownership Warranty
   You confirm that you legally own all vehicles you consign and that they are free of liens, encumbrances, or title issues. You also agree to provide a clear, transferable title. If the title later proves invalid, you are responsible for resolving the issue or reimbursing Twin Cities Auctions immediately upon request.
2. Vehicle Condition Disclosure
   All known mechanical, odometer, or title-related issues must be disclosed at the time of listing. You are liable for undisclosed issues and will reimburse Twin Cities Auctions for any resulting claims, costs, arbitrations, refunds, or any other costs incurred.
3. Vehicle Sales Process
   You set the initial reserve price. Twin Cities Auctions will notify you of the highest bid and reserves the right to facilitate negotiations between you and potential buyers. 
4. Titles & Payment
   Payment for a sold vehicle will only be released once Twin Cities Auctions has received a valid and transferable title. Titles remain with Twin Cities Auctions until the sale is complete or the vehicle is removed and any applicable “No Sale” fees are paid.
5. Risk of Loss
   While in Twin Cities Auctions’ possession, you remain responsible for insuring your vehicles. We are not liable for loss, theft, or damage while in possession or listed on the platform.
6. Rerun Policy
   Vehicles may be run through the auction twice with the original reserve. Further reruns require the reserve to be lowered to an amount deemed acceptable by Twin Cities Auctions or removed at the discretion of Twin Cities Auctions.
7. Dealer Requirements
   To consign, you must maintain a valid, unexpired dealer license and create a Twin Cities Auctions Account for your dealership. 

By listing vehicles, you agree to these terms and acknowledge that they replace the need for a separate written consignment agreement.

19. Buyer Terms

By registering on the Twin Cities Auctions Platform, you agree to the following terms:

1. Applicability
   These terms apply to all purchases you make through Twin Cities Auctions. By registering, you acknowledge and accept these conditions for every transaction—no additional agreement is required per auction/transaction.
2. Responsibilities & Legal Compliance
   You agree to comply with all applicable federal, state, and local laws regarding the purchase, transport, resale, and titling of vehicles. For Dealers: You are responsible for ensuring your account and Dealership remains in legal good standing. In the event that your dealership is no longer in good standing, you are to inform Twin Cities Auctions immediately and not purchase any subsequent vehicles through said Dealer Account.
3. Vehicle Condition & Inspections
   All vehicles are sold AS-IS, without any warranties, including implied or express conditions. It is your responsibility to inspect vehicles through the provided informational condition report before bidding. The condition report is not binding and does not guarantee the condition of the vehicle upon pickup; it only represents what our team found during the time it was inspected. You also assume full responsibility for the vehicle after the purchase, including during transport.
4. Payment Terms
   Payment is due based on the specific vehicle or the auction’s guidelines and deadlines. Failure to meet payment terms may result in the loss of bidding privileges or additional penalties.
5. Dealers Only: Dealer License Maintenance
   A valid, active dealer license is required to participate. You must provide an up-to-date copy of your license and ensure it remains current. Expired or missing licenses may result in account suspension or termination.
6. Disputes & Legal Venue
   Any disputes will be resolved in the courts of Sherburne County, Minnesota, under Minnesota law.
7. Binding Agreement
   These terms represent the complete understanding between you and Twin Cities Auctions for your participation as a buyer. Updates or changes to these terms will be communicated as needed.

 

20. Contact and Notices

• Inquiries: For any inquiries, please contact us at mailto:Support@TwinCitiesAutoAuctions.com. Notices regarding account changes, updates to these Terms, or other legal communications will be provided via the email you registered with.

21. Entire Agreement

These Terms constitute the entire agreement between you and TCA, superseding all previous agreements.

22. Severability

If any provision in these Terms is found invalid or unenforceable, the remaining provisions will remain in full effect.

23. No Waiver

Failure by TCA to enforce any right or provision in these Terms shall not constitute a waiver of such rights or provisions.

Thank You for Choosing Twin Cities Auctions

Your use of our Platform signifies that you have read, understood, and agreed to these Terms. We appreciate your business and are committed to providing a trustworthy and straightforward vehicle auction experience.