Terms and Conditions

Registered Traders - Effective October 2010

These Terms and Conditions apply for Dealers listing and buying on MotorBidder.co.nz and other specified third party web sites supplied by MotorBidder .co.nz.

The MotorBidder System
1. www.MotorBidder.co.nz Trade is an online auction system for Dealer Members to buy and sell at wholesale prices. www.MotorBidder.co.nz Retail is a service for the public to transact sales with the dealer interactively.
2. MotorBidder.co.nz Trade
  1. MotorBidder focuses on providing dealers
    1. A low cost trading facility that is easy to operate.
    2. Flexible sales mechanisms - Auction, Tender, Wholesale,
    3. Buy Now and Submit best offer, exclusive to the dealer community.
    4. Automated stock loading from Dealer Management Systems, or
    5. One click loading from LTSA information.
  2. Dealers have selling choice, using one or a number of mechanisms.
  3. Dealers have default trading options – or can actively manage their options.
  4. Stock listings will include
    1. Fresh Japanese imports
    2. Dealer Trade-ins
    3. Ex Lease cars, ex rental cars,
    4. Dealer old stock
3. Motorbidder.co.nz Retail is a service for public to transact sales with dealers interactively
  1. The targeted audience is the public;
  2. The Service
    1. Promotes dealing with the trade as the preferred way for the public to buy.
    2. Provides dealers tools to transact sales with the Public, using the Internet.
    3. Lists stock for sale directly out of Dealer Management System by Auction, Tender , Buy now, or Best Price
    4. Facilitates on line trade-in processes with the public
    5. Enables sales to be completed on-line
    6. Also facilitates direct sale by auction or tender from public to dealers
FEES AND CHARGES
1. Dealers listing on and or buying from Retail or Trade customers using MotorBidder – No Charge
2. Trade success fee – on a successful sale to other dealers pays $75.00 GST Incl.
3. Retail success fees for sales completed online to the public $200.00 Incl. GST. This applies to sales to the customer who bid online i.e. The customer may buy online conditionally but chose another car.
4. Retail Sales as a result of referrals the web sites supplied by MotorBidder, No Charge
  1. Stock can be automatically listed in the dealers name on;
    1. www.motorbidder.co.nz (Retail)
    2. www.te.co.nz (Trade and Exchange web site)
    3. www.auto.co.nz
    4. and other sites from time to time.
5. TXT service
  1. Dealer Members can also be advised by text messaging of new stock and other trading triggers such as advice of higher bid in auction at a cost of $0.10 plus GST per txt.
6. Payment Terms To ensure minimum costs to all Dealer Members charges will be made by Direct Debit or Credit Card on a monthly basis with Monthly Dealer Membership Subscriptions charged in advance, and success fees and SMS charges, charged in arrears. All payments will be processed on the nearest business day on or after 11th day of each month.
Licensed Traders only
1. If you are buying or selling or offering to sell a motor vehicle in your own account or on behalf of the owner, as motor vehicle trader, you are required to be hold a current Registered Traders License issued by the Ministry of Economic Development in New Zealand prior to registering with the MotorBidder Trade and by registering you agree that your are appropriately licensed.
Transaction Systems
1. Auction
  1. Dealer Members bid and subject to the reserve being reached the highest bidder buys
  2. Bids can be in manual increments or by Automatic Bid (proxy bid)
  3. Buyers bid against each other with the top bid either buying or having the right to negotiate.
  4. Auctions are time bound.
  5. Auctions on MotorBidder Trade and Retail can be run in conjunction with “Buy Now”.
  6. Auctions have an automatic extend function for 2 minutes.
2. Tender
  1. Buyers submit bids where the bids are not revealed to other buyers.
  2. There is a prescribed time the bidding closes.
  3. The vendor reviews all the bids and decides whether to accept the highest or any bid.
  4. The Vendor has the right to refuse to sell to the highest or any bidder and can reoffer the vehicle for sale or negotiate with bidders online.
  5. Tenders are time bound.
  6. Tenders on MotorBidder Trade and Retail can be run in conjunction with “Buy Now”.
3. Buy Now
  1. The Vendor lists at a fixed price
  2. A buyer is able to buy it immediately at that price.
  3. Buy Now on MotorBidder Trade and Retail can be used in conjunction with Auction or Tender.
4. Submit Best Offer
  1. Available on MotorBidder.co.nz Trade and Retail to allow an offer to be made where the vehicle is listed as “Buy Now” or “Auction”
  2. Not time bound
  3. Offers can be considered at any time by the vendor.
  4. Negotiations can be conducted with unlimited offers and counter offers on-line.
Trade-in tender
1. Available on retail only.
2. MotorBidder trade-in service provides the ultimate “one stop shop” point of difference for dealers with Trade-ins, Finance and Insurance” all online
3. The public can Tender vehicles as a trade-in against a specific cars wanted criteria.
4. As part of the criteria the public can define the region they wish offers to come from. NZ wide, north or South Island or regions.
5. Emails are sent to MotorBidder dealers with vehicles in stock that meet the criteria, or are agents for the brand, inviting them to Tender their trade-in price.
6. Tenders are offered by dealers on trade-ins conditional on the member of the public purchasing a car at the window price (Buy Now) from the dealer.
7. The public can choose to accept or reject any tenders. They are not required to accept any or the highest bid.
8. Offers are accepted by the public by clicking on the “buy now” or “buy conditional on” buttons on the dealers listing.
9. Offers from the public, can be conditional on, final inspection, independent mechanical inspection and the final trade-in price as detailed in the sale contract and finance.
10. The trade-in price offered by the dealer is also conditional on the dealer inspecting the vehicle and it being as described.
11. Trade-in offers are valid for 48 hours from the close of the Tender.
Dealer Listing Process
1. There are two ways to list --both populate all the fields required to list a vehicle for sale.
  1. As a direct feed from the Member’s computer system – together with photos etc. (This is easily set up through Dealer Members’ IT system suppliers)
  2. As a “one off” transaction using the registration number or Vin number and the quick list function. Additional information of description, photo, and reserves are loaded manually.
2. Once the stock is in their system, Dealer Members can choose to list to the trade through MotorBidder Trade (for wholesales sales to dealers) and/or to the public through MotorBidder Retail.
3. If the vehicle is for sale elsewhere traders can indicate this on the listing. All listing that appear on both trade and retail will have a notification as follows “NOTE: This vehicle is available for sale elsewhere and may be withdrawn prior to the auction end”
4. The listing on MotorBidder Retail is linked automatically and displayed to four other web sites:-
  1. www.auto.co.nz
  2. www.autonet.co.nz
  3. www.TE.co.nz ( Trade and exchange)
5. All of the above web sites will have the listings in the business name but will all have links back to MotorBidder Retail to provide the public the choice of trading online.
6. It is possible to opt out of having vehicles listed on any of the additional sites.
7. The link to four sites is tied to MotorBidder Retail. If the listing is not on MotorBidder Retail they will not appear on the other web sites.
8. “Buy Now” is recommended on these listings with a trading option. The trade-in function operates using the retail price as the buy now price. The buy now figure is used as the retail price when using the trade-in function with the public.
9. The “My account” page in MotorBidder provides a summary of all stock listing, watches, purchases and stock being bid on for both sites.
10. Selling defaults: all the stock listed can be set to a default mode, ensuring every stock item is placed for sale the same way. The selling default page provides stock listed, auction type and pricing options.
11. It is assumed by MotorBidder that listings placed by the trade are by experienced traders and correctly represented.
12. Motorbidder requires Dealer Members to abide by all statutory requirements under all applicable NZ Legislation governing the sale of motor vehicles.
13. By listing every vehicle the Vendor is agreeing to sell it to the highest bidder at or in excess of the reserve price, upon the completion of the auction, tender, Buy Now, or Best Offer process.
14. A valid listing of the vehicle requires completion of all mandatory fields on the Website (including Payment Terms).
15. An email will be sent to the Vendor each time a bid is placed, when outbid, when bids have reached the reserve price and at the end of the auction.
16. The Vendor is required to respond promptly to reasonable questions and requests from bidders.
17. Offers are binding for a period of the lesser of 24hours or until declined by the Vendor on all transaction systems including negotiations.
18. The Vendor is responsible for ensuring all vehicles are accurately listed on the Motorbidder and its affiliates’ websites.
19. The Vendor hereby indemnifies fully Motorbidder and its agents against any claim as to the accuracy or quality of the listing.
Withdrawing /cancelling a listing
1. With the exception of 5.3 above where the vendor has notified buyers of the possibility of sale elsewhere, once a vehicle is listed on the Website a legal binding contract is established to sell it to the highest bidder at a price equal to or in excess of the reserve price.
2. Certain exceptional circumstances may from time to time necessitate the withdrawal of a vehicle from sale. To withdraw a listing Dealer Members may go to the “my account” page, open the listing and click on the “withdraw listing” button.
3. No listing may be withdrawn if the reserve price for the vehicle has been met even where the end time for the auction has not yet elapsed.
4. Dealer Members agree to keep MotorBidder and its agents indemnified fully against any claim made in relation to the early termination of a listing.
Buying and Bidding process: (On all transaction systems)
1. To bid Dealer Members should “Log on” to the MotorBidder site.
2. When first registering, Dealer Members need to complete the “my wanted items” page. This determines what list stock the system will notify. Dealer Members can update this page at any time.
3. Dealer Members will be sent an email and TXT (if subscribing to this service) for any vehicle offered for sale on the system matching the stock wanted list– from Member Dealers or the public.
  1. Dealer Members will be sent an email and TXT (if subscribing to this service) in confirmation of a bid placed.
  2. Dealer Members will be sent an email and TXT (if subscribing to this service) when outbid, when auction is won, if the reserve price is changed.
4. By placing a bid, buyers are entering into a legal binding contract to purchase the vehicle at the price bid ( except with the public where the purchase will be conditional on final inspection)
  1. The Auction has an automatic extend function. When a bid is placed and less than 2 minutes remains before the end of the auction, the auction will automatically extend for 2 further minutes.
  2. Dealer Members are able to activate Autobid (by automatic authorized proxy) on MotorBidder. When Autobid is activated, the bid will automatically meet the reserve. Over the reserve the bid will increase only where another bidder exceeds the previous Autobid.
  3. If a member has placed the highest bid at the end of the auction, they will either purchase the vehicle or, if the reserve has not been reached, start negotiation with the Vendor. Negotiation can be conducted online with the bidders.
  4. The vendor can change the reserve price on MotorBidder trade at anytime during the auction to match the current bid. By doing so the vehicle will be on the market and from this point the top bidder at the end of the auction will own the vehicle.
  5. If using “Tender” a Member Dealer will submit only one bid, and will be advised by the system of the result of the tender. Any tender bid may be successful. The bid can be increased by withdrawing the first bid and submitting a new bid.
  6. If using the “Best Offer”, any offer may be accepted or rejected or negotiated on-line by the Vendor at any time.
  7. If using the “Buy Now” process the vehicle can be purchased immediately by clicking on the “Buy Now” button.
  8. Offers are valid for the lesser time of when declined, or 24 hours from the bid time.
  9. The Bidder is responsible for bids placed. Bidders indemnify MotorBidder and its agents fully against any claim relating to the purchase or non performance of the contract to purchase.
Withdrawing/cancelling a bid
1. When Dealer Members submit any bid on a vehicle they are entering in to a legal binding contract to purchase the vehicle if they are the highest bidder and the bid is either meets the reserve or is accepted by the Vendor.
2. Subject to the paragraph below, Bidders agree not to withdraw any bid made prior to the end of the auction,
3. MotorBidder may in its’ sole discretion allow a bid to be withdrawn or cancelled by a Member where it is satisfied in its sole and absolute discretion an error was made . If a Bidder wishes to withdraw or cancel a bid they must email MotorBidder immediately on support@motorbidder.co.nz to notify us of this request.
End of sale process
1. Vendor
  1. Dealer Members are required to provide the documentation, required by law governing Registered Traders; this includes a vehicle sale and purchase agreement and CIN card if sold retail.
  2. At the end of the bidding process, if the vehicle has not sold an email will be sent asking if the Vendor would like to re-list your vehicle or negotiate with the buyer. To relist, click on the ‘re-list vehicle’ button in “My account”. To negotiate, Vendors can make an offer to the bidder and conclude a sale using the on line “negotiation tools”.
  3. If the vehicle has sold, Vendor and Buyer will send each other their details.
  4. The Vendor is obliged to transfer the vehicle to the buyer in the condition specified in the listing.
  5. The Vendor arranges for the payment and delivery of the vehicle.
2. Buyer
  1. By making a bid, the buyer agrees to pay the tax invoice submitted by the Vendor in accordance with the “Payment Terms”
  2. Buyers are advised if they have become the purchaser by immediate email and or SMS.
  3. Payment is arranged direct with the Vendor and must be done within the time period prescribed by the Vendor as set out in the auction details.
  4. The vendor will send a tax invoice at the end of the auction process to the buyer. If the Vendor has not done so before the close of business on the same day the buyer should contact the Vendor
  5. The buyer must pay the tax invoice issued by the Vendor in accordance with the “Payment Terms” set out in the listing as agreed when submitting all bids.
  6. Once the buyer has met the Payment Terms specified by the Vendor, the Vendor must advise that the vehicle is be cleared for delivery or collection.
3. Vehicle not as represented.
  1. In the event that the vehicle is not as represented by the vendor, as a result of discussions between the parties, then the buyer will not be held to the contract. The parties can either;
    1. cancel the contract
    2. renegotiate the price
    3. require the Vendor to execute the contract in some other agreed manner, or
  2. MotorBidder takes no responsibility for representation of stock on MotorBidder. The system is a tool to bring parties together and MotorBidder can take no part in resolving disputes.
4. Non-payment by the buyer
  1. If a buyer has committed to buy a vehicle and payment is not made in the allotted time then the buyer is in breach of contract with the Vendor and liable to pay damages to the Vendor. This also may result in NEGATIVE feedback being left in the buyer’s account. MotorBidder at its sole and absolute discretion may be suspend or cancel a buyer’s account. If the buyer’s account is suspended or cancelled the buyer will be prevented from holding any other account with MotorBidder under another name. Decisions to suspend or disallow accounts are the right of MotorBidder at its sole and absolute discretion.
5. Payments to the Vendor
  1. As part of the listing process the Vendor will have designated the method and time period for payment for the vehicle. The payment will be for the top bid or at a figure negotiated between the buyer and Vendor.
  2. This payment is required to be made in the designated manner and by the appointed time by the buyer.
6. Failure to deliver by the Vendor
  1. If a vehicle has been sold, but the Vendor has not delivered the vehicle within the allotted time, then the Vendor is in breach of contract with the buyer and may be liable to pay damages to the buyer. The Vendor may also be in breach of other laws which prescribe sanctions or penalties. The Vendor is also in breach of its contract with MotorBidder.
  2. The Vendor agrees to keep MotorBidder indemnified in respect of any claim made against it in relation to a failure by the Vendor to deliver the vehicle.
  3. A buyer may notify MotorBidder of the failure of the Vendor to honour the obligation to deliver the vehicle. The buyer may place negative feed back against the Vendor’s account in such circumstances.
Vehicle Delivery
1. If the buyer wishes to use the delivery service contracted by MotorBidder, the buyer may do so by clicking on the “get a quote” facility. The deliver service is an agreement between the transport company and the buyer. MotorBidder accepts no responsibility or claim in relation to the transport of the vehicle.
2. If a buyer elects to have a vehicle delivered by the transport service, they must provide credit card details or arrange an account with the supplier. MotorBidder has no involvement in the collection of freighting charges.
Feedback
1. Feedback helps dealers members continue to build a reputation on the system and a rating for the future prospective clients to view.
2. It is a requirement that feedback be placed on the buyer and Vendor at the end of each transaction.
3. Emails will be sent reminding each to complete this documentation.
  1. All User Feedback must:
    1. Be accurate (where it states facts);
    2. Be genuinely held (where it states opinions); and
    3. Comply with applicable law in the New Zealand.
  2. User Feedback must not:
    1. Infringe the intellectual property (including, without limitation, copyright, database right or trademark) of any other person or entity;
    2. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
    3. Contain any material which is obscene, offensive, hateful or inflammatory;
    4. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    5. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
Cancellation of service
1. MotorBidder provides a service that is reliant on dealers accurately representing products listed and completing transactions with the public or the trade, fulfilling their legal and moral obligations professionally.
2. In the interests of all the Dealer Members of MotorBidder, MotorBidder at its sole and absolute discretion may be suspend or cancel a buyer’s account. If the buyer’s account is suspended or cancelled the buyer will be prevented from holding any other account with MotorBidder under another name. Decisions to suspend or disallow accounts are the right of MotorBidder at its sole and absolute discretion
3. Accounts will be suspended if :-
  1. The transaction rules are broken.
  2. The member has a number of negative feedbacks on the MotorBidder web sites that MotorBidder in its sole and absolute discretion deems unacceptable
  3. The payment terms of using this service are breached.
  4. The member fails in their contractual obligation as set out in these terms to pay fees due to MotorBidder.
Disclaimer
1. The information and Data displayed on these web sites are supplied by third parties. While reasonable care is taken to ensure that the information is correct MotorBidder cannot guarantee that this is the case and therefore neither MotorBidder nor its agents nor contractors will be liable for any errors or omissions.
2. Your use of this service is at your risk. MotorBidder’s role is to facilitate trading between parties and it is not responsible for non performance of any user of the system.
3. MotorBidder will use it’s best endeavors to provide a reliable online system but cannot guarantee an uninterrupted or error free service.
4. You acknowledge that there may be times when the MotorBidder Service becomes unavailable, whether on a scheduled or unscheduled basis.
5. MotorBidder will not be liable to you or any third party if for any reason our site is unavailable at any time or for any period.
Information about us.
1. The MotorBidder Service is operated by Vizion Brokers Ltd. New Zealand.
Service availability.
1. Our site is only intended for use by users resident in New Zealand. We do not accept registrations from users outside of New Zealand.
MotorBidders Role.
1. MotorBidder is not a party to any Transactions nor is it the agent, partner, joint venturer, employee of any such party, and we only provide a platform and a venue for Transactions. We are not the seller or supplier of any of the motor vehicles detailed in Item listings and do not have any of the legal obligations that may apply to the sellers of such motor vehicles. MotorBidder is neither responsible nor liable for the behaviour of, or the Items offered for sale or supply by, the seller.
2. MotorBidder has no control over or responsibility for:
  1. the quality, condition, road-worthiness or any other aspect of motor vehicles listed for sale on the MotorBidder Service;
  2. the truth or accuracy of Item listings;
  3. whether the seller can or will supply and pass good title to any motor vehicle;
3. MotoBidder does not pre-screen Item listings.
4. MotoBidder cannot and does not control the completion or validity of Transactions. Whilst MotoBidder Service users are prohibited from doing so, some may provide information, or otherwise behave, in a way that is unreliable, illegal, or in breach of their obligations under these Terms and Conditions..
5. MotoBidder provides the Site and the MotoBidder Services on an “as is where is” basis, and without any warranty or condition, express or implied, to the maximum extent permitted by law and we specifically disclaim any implied warranties of title, merchantability and fitness for purpose unless we are required to provide such warranties by law.
6. If parties to a Transaction are engaged in a dispute, MotorBidder encourages those parties to try and resolve the dispute.
AGREEMENT TO OBSERVE AND BE BOUND BY THESE TRANSACTION RULES
1. By registering on www MotorBidder.co.nz (“Website”), users agree to observe and be bound by these Terms and Conditions.
2. MotorBidder .co.nz reserves the right to change the terms and conditions and charges by giving 14 days notice on its website.
JURISDICTION:
1. New Zealand law will apply to all transactions under these terms and conditions . Any disputes arising will be heard in New Zealand.

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