Marketplace Terms of Use
Please read these Terms of Use carefully, as they include information about future changes to these Terms of Use, significant limitations of liability, agreements to resolve disputes by arbitration instead of in court, and a waiver of class action and jury rights.
ARBITRATION NOTICE. You agree that disputes arising under these Terms of Use will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND HAGERTY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court or involve intellectual property infringement). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
Overview of General Marketplace Terms of Use
The Hagerty Marketplace website (collectively “Marketplace”) is a media content and classifieds service which unites automotive enthusiasts and provides a space and tools for users to buy, sell, rent, and comment on the vehicles they love. Marketplace includes various web pages operated by Hagerty Drivers Club, LLC (“Hagerty,” “us” or “our”). Hagerty Marketplace offers both classifieds and auctions. Classified listings are a benefit provided to members of Hagerty Drivers Club, a non-insurance subsidiary of The Hagerty Group, LLC. Classifieds listings are hosted on Hagerty Marketplace and Hagerty does not take any commission on any classified transactions that are consummated directly between buyers and sellers on the classifieds section of the Marketplace platform and Hagerty is not and does not act as a licensed vehicle broker. Auction listings are also hosted on Hagerty Marketplace, but auction purchase transactions between buyers and sellers are facilitated by Broad Arrow Private Sales, LLC, d/b/a Hagerty Marketplace, a Michigan-licensed vehicle broker and non-insurance subsidiary of The Hagerty Group, LLC.
Unless explicitly disclosed, Hagerty does not take physical possession of any vehicles or their titles and has not inspected any vehicle which is advertised on the classifieds service of Marketplace.
These Marketplace Terms of Use apply to all pages, all user activity, and all transactions processed on Marketplace.
“You” refers to any user of Marketplace, and the words “seller” or “buyer” are used in their ordinary sense to further describe you if you are also listing a vehicle or take any action in buying a listing. All ages may access Marketplace to view but you must be at least 18 years old to be a seller or a buyer. If you are younger than 18 and want to participate in a listing then get in touch with our customer service team to see how we can help you.
These Marketplace Terms of Use are in addition to the Website Terms of Use posted here and the Hagerty Privacy Policy posted here, and any Marketplace policies posted on the site, all of which are incorporated by reference into this agreement (collectively, the “Terms”). In the event of any conflict between any component of the Terms, unless specifically amended here the order in which conflicting terms prevail are first the Supplemental Terms of Use for Marketplace Auctions, secondly the Hagerty Privacy Policy, thirdly these General Marketplace Terms of Use, fourthly the Website Terms of Use, and fifthly any Marketplace policies.
You acknowledge and agree that by accessing Marketplace that these Terms create a legally binding agreement supported by reasonable and valuable consideration between you and Hagerty, they constitute the entire agreement between Hagerty and You, and they also provide beneficial rights to any third-party seller and buyer seeking to rely on these Terms between themselves. You also promise that you have read the Terms carefully.
Updates to these Terms are governed by the Modification of Terms section in the Website Terms of Use.
Where to go for Help
If you are looking for help with creating an account or a listing, or you have questions about our fees and the purchase process, you may find your answer in our frequently asked questions (FAQ).
If you need more specific help which the FAQs do not address, or have a problem with a transaction, then please reach out to our customer service team at marketplace@hagerty.com or call 888-501-8815.
Access to Marketplace and Identification
These Terms, read as a whole, set out what you may or may not do while visiting Marketplace, and how you are expected to conduct yourself.
Individuals who have registered for an account and been provided with user access credentials may access and view Marketplace. Your continued access and use of Marketplace are subject to continued compliance with these Terms, and Hagerty may suspend or terminate your access to Marketplace, at any time and for any or no reason within Hagerty’s sole discretion.
Buyers and sellers are required to provide identity and vehicle ownership verification materials when transacting on Marketplace, which may include images of: the front and back of a driver’s license, a vehicle title, or a dealer license (“Personal Identification”). All Personal Identification is subject to the Hagerty Privacy Policy posted here. By using any Hagerty websites or Marketplace you agree to Hagerty’s Privacy Policy. Please read Hagerty’s Privacy Policy to see how we treat personal information. Remember that we have no control over other non-Hagerty companies (and linked websites) and you need to review those privacy notices before giving those third parties any personal information. We may use your Personal Identification to verify your identity and ownership of a vehicle, or securely email your Personal Identification to the third-party program manager of the Buyer’s Protection product, or to respond to any dispute related to the transaction. You may request Hagerty delete your Personal Identification at any point up to a transaction completing, but thereafter no deletion request subject to retention requirements will be fulfilled by Hagerty. To request deletion of your Personal Identification, please reach out to our privacy team at privacy@hagerty.com.
Violation of these Terms
Hagerty may suspend or terminate your access to Marketplace for any reason (including for technical reasons or for your violation of these Terms) and for no reason where Hagerty is reasonably protecting the integrity of its service, its assets, or its reputation. You agree that Hagerty is entitled to make the final binding decision regarding any dispute involving your continued access to Marketplace.
If Hagerty terminates your access to Marketplace, Hagerty may (but is not obliged to), and without any notice, remove and discard any of your User Generated Content, and implement any measure to restrict your future access to Marketplace.
You are reminded to review the “Damages; Indemnification” section of the Website Terms of Use: if you violate these Terms you accept all responsibility and any costs that arise as a result of Your violation, whether Hagerty is aware of the violation or not.
Listings
If you are a seller and listing a vehicle for sale, please refer to the FAQs for information regarding any fees due and guidance on the contents of your listing and maximizing its impact. The FAQs include suggestions to help your experience on Marketplace, but you are independently responsible for the content of your own listing, and you acknowledge and agree the following:
You are confirming that you are the legal and beneficial owner of the property included in the listing, free from any encumbrances and third-party rights undisclosed in the listing, and you have the sole authority to transact and sell the listing free of any third party’s consent.
You will not directly or indirectly offer or sell the property included in the listing through any means other than Marketplace during the time the listing is live on Marketplace.
You are solely responsible for the accuracy and content of the listing and description of the vehicle offered for sale, and Hagerty may repeat and rely on your content when your listing is live on Marketplace.
Where you list a vehicle for sale “as is” (or in any other manner to disclaim liability), you will still include a clear and conspicuous description of any known defects or other reasonably material impairments relating to the vehicle including, for example: mechanical issues, broken or missing parts, paint or cosmetic damages, or any obvious parts which are not original (other than common wearing parts), fluid leaks or other safety concerns, and any other relevant facts and details you have received from any service technician or appraiser or other enthusiast regarding the vehicle that would reasonably effect value and/or be of interest to a prospective buyer.
You will clearly disclose whether the listing is subject to a lien, finance agreement or other claim or liability.
You will not use the listing or any feature of our service to advertise other vehicle transactions outside of Marketplace.
You will clearly disclose if you are a licensed dealer.
You will ensure that your listing is fair and not misleading in any respect.
Your listing will comply with the User Generated Content section within the Website Terms of Use.
We may exercise our rights set out in the User Generated Content section and revise your listing by adding or removing any content including, for example: information or images that we deem false, misleading, or which are subject to a DMCA takedown request, or any links to non-Hagerty websites.
Commitment to Purchase
If you are a buyer and you respond to a Marketplace listing by following the prompts on the site to enter your personal details, offer and agree to a purchase price with the seller, then you have created a legally binding agreement to complete the purchase of the relevant listing in accordance with these Terms.
Payment of Fees and Taxes
When you use Marketplace you agree to pay any fees and expenses in accordance with our fee schedules disclosed throughout Marketplace, as well as any applicable taxes (each a “Payment”).
You agree to promptly provide a valid method of payment when transacting on Marketplace. The payment method you provide to Hagerty must be in your name or you must be able to evidence your permission to use it.
All information that you provide in connection with a Marketplace transaction processed by Hagerty must be accurate, complete, and current. By clicking on the designated button to authorize a Payment, you agree to pay the amount indicated according to the terms governing your method of Payment (e.g., a card issuer agreement governing the card whose details you have provided or pursuant to your bank account or other financial institution).
If your Payment method fails, declines, becomes disputed, or your account is past due, we may collect amounts owed by charging other payment methods on file with us or our affiliates.
Cardholder and Account Consents for Processing
You acknowledge and agree that Hagerty is authorized to charge your method of Payment (e.g., debit or credit card or bank account or financial institution) for the amount indicated as the Payment and to obtain updated or replacement method of Payment information (e.g., expiration dates and card numbers for your credit card as provided by your credit card issuer or other information for your bank account or financial institution). Payment transactions by card will only be completed after receiving successful authorization from your card issuer.
Where you consent for your debit or credit card credentials to be stored to facilitate any future Payments, your card credentials and authorization will be stored in a tokenized form. Hagerty uses the services of Stripe, Inc. to facilitate all credit card payment processing on Marketplace. Hagerty and Stripe use tokens to enable Stripe to collect your card details and associated personally identifiable information to process your Payment; Hagerty does not store that information and will only use your stored credentials for the purposes which you have specifically consented they are to be used for.
Chargebacks and Disputes
If a buyer or seller need to register a dispute regarding a Payment or any other charge processed by Hagerty they must first do this by contacting the customer service team at the contact details indicated in “Where to Go for Help” above. If you are unsatisfied with our response to your request then refer to the terms of business with the issuer of the card you used to make the Payment regarding what recourse rights are available to you.
If buyer or seller submits any dispute, cancellation, or challenge through their bank, credit card company, or other financial institution, rather than following the dispute process in these Terms, then Hagerty and/or the other non-disputing person may (without any notice to the person who registered a dispute) pursue a claim against the person who registered a dispute for any and all damages incurred including, for example, all legal fees and costs, any chargeback amounts, any fees, and interest on those amounts allowed by law.
Promotional Offers
You may occasionally be offered discounts and other benefits by Hagerty for use on Marketplace (collectively “Promotional Offers”). Promotional Offers are subject to the further terms of use described when they are issued to you. Promotional Offers are only redeemable in accordance with their terms and not for cash value. You are still responsible for paying any tax and other charges applicable to the transaction on which the Promotional Offer has been applied. Hagerty reserves the right to modify or cancel Promotional Offers at any time, and Promotional Offers are void where prohibited.
No Refunds
All sales and purchases agreed on Marketplace are between the seller and buyer only, and no right of refund exists between the buyer and Hagerty. Any questions regarding the item purchased must be directed to the seller.
Supplemental Limitations of Liability
The following are in addition to the Assumption of Risk and Liability and Warranty Disclaimers set out in the Website Terms of Use:
PAYMENT PROCESSING SERVICES ON MARKETPLACE ARE PROVIDED BY A THIRD-PARTY VENDOR AND HAGERTY IS NOT LIABLE FOR THEIR ACTS, OMISSIONS OR CONDUCT OF ANY TYPE.
PAYMENTS MADE BY YOU DIRECT TO THE SELLER OR TO ANY OTHER PERSON NOT USING THE PAYMENT OPTIONS ON MARKETPLACE ARE NOT FACILITATED BY HAGERTY.
HAGERTY DOES NOT WARRANT THAT THE PAYMENT OF FEES TO HAGERTY FOR THE USE OF MARKETPLACE WILL ENSURE THE COMPLETION OF THE SALE OR PURCHASE OF THE LISTING.
HAGERTY MAY PROVIDE YOU GUIDANCE ON YOUR LISTING AND ON THE SALE AND PURCHASE PROCESS THROUGH FAQS OR IN DIRECT COMMUNICATION REGARDING THE LISTING CONTENT, FORMAT, PRICING, SHIPPING AND OTHER RELATED MATTERS; YOU AGREE TO NOT HOLD US LIABLE AND RELEASE US FROM ALL CLAIMS AS A RESULT OF ANY GUIDANCE OR RECOMMENDATIONS WE PROVIDE YOU.
THESE TERMS DO NOT CREATE ANY RELATIONSHIP OF PARTNERSHIP, PRINCIPAL-AGENT, OR EMPLOYER-EMPLOYEE AMONG ANY OF THE PARTIES.
SELLER SHALL LOOK SOLELY TO ITS OWN INSURANCE FOR ANY THEFT, LOSS OR DAMAGE TO THEIR VEHICLE OR OTHER PERSONAL PROPERTY ADVERTISED IN A LISTING.
Arbitration, Choice of Law and Forum
The following amends the Choice of Law and Forum set out in the Website Terms of Use.
You agree to follow the following escalated dispute process for any claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to your use of Marketplace:
Firstly, if you have a problem with any feature of Marketplace or with your experience of Marketplace then you agree to use good faith to resolve it directly with Hagerty first by contacting the customer service team at the contact details indicated above in “Where to Go for Help”. Good faith means that you will clearly, promptly, and politely respond to all of Hagerty’s requests for relevant information, engage civilly with any customer service representative, and allow a reasonable period of time for Hagerty to review and resolve your problem.
Secondly, any dispute, claim, or controversy arising out of or relating to these Marketplace Terms of Use, including the determination of the scope or applicability of these Marketplace Terms of Use shall exclusively be subject to arbitration, and not heard in Michigan courts in Grand Traverse County, Michigan or federal courts in the Western District of Michigan as required by the Website Terms of Use. The Parties shall proceed to arbitration near Detroit, Michigan, before one arbitrator. The arbitration shall be administered by the American Arbitration Association pursuant to the AAA Commercial Arbitration Rules under its Expedited Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In the event that either Party brings action against the other, arising from or relating to this Agreement, the prevailing Party, as determined by the arbitrator or court, shall be entitled to recover its reasonable attorneys’ fees and costs, including through appeals.
Comments and Moderating
The same rules of the road apply to comments and interactions between users in Marketplace as they do across all Hagerty community platforms. In order to keep everyone safe, comfortable, and lawful on Marketplace, please don’t post anything that:
Is inappropriate (abusive, offensive, and commonly referred to as NSFW/Not Safe for Work) or considered trolling (disruptive to conversations)
Is off-topic (to the original content or the current conversation)
Contains personal information (either your own or someone else’s)
Puts children at risk
Is illegal, or glamorizes illegal activity
Is discriminatory to any group of people or defamatory (damaging to someone else’s reputation)
Infringes on anyone’s rights (including privacy rights)
Was made by someone else, or that copies someone else’s creation, without their permission or without referencing them as the source
Is excessively lengthy
Is posted under multiple accounts belonging to the same person (no duplicate accounts)
Is posted for your financial gain (advertising, sponsorship, offering a vehicle for sale outside of a listing, etc.)
Isn’t in English
Contains spam
Contains links to content that can’t be seen easily, or may be unsafe (viruses, spyware, paywalls, etc.)
Is the same information cross-posted across multiple forums
Criticizes the moderators or any edits made to comply with these rules of the road
Or doesn’t comply with the rest of our Terms
Customer service representatives routinely moderate the comments on Marketplace and will edit or take down your content if they deem it to have violated these rules or the Terms. Any serious threats, allegations or other indications of illegality will be immediately reported to the appropriate legal or law enforcement agencies.
Supplemental Terms of Use for Marketplace Auctions
Notwithstanding anything contained herein, the below Supplemental Terms of Use for Marketplace Auctions (the “Agreement”) apply to any use of Hagerty Marketplace auctions, and by registering with, bidding on, buying through, or otherwise using Marketplace auctions, you are entering into this Agreement with Broad Arrow Private Sales LLC d/b/a Hagerty Marketplace and its affiliated companies including The Hagerty Group, LLC (collectively, herein referred to as “BAG”).* In the event of any conflict between this Agreement and any component of the Terms, the provisions of this Agreement shall prevail.
Please read this Agreement carefully before registering and using Hagerty Marketplace auctions. In particular, please note that:
Each Lot (defined below) is sold “as is, where is” with no representations or warranties, express or implied. Please inspect the Lot or perform any diligence desired before bidding on a Lot.
After the conclusion of each auction, the successful Bidder is responsible for paying the Lot’s Hammer Price (defined below), plus the Lot’s applicable Buyer’s Premium (defined below), taxes/duties, and other fees and costs (such as title fees and transportation costs).
Buyer’s Premium is the standard commission owed from the Bidder based on the applicable Lot’s Hammer Price. Buyer’s Premium is equal to the sum of seven percent (7%) of the Hammer Price.
1. Conditions of Sale. By registering to bid or placing a bid on any motor vehicle or other item consigned to be auctioned on Hagerty Marketplace (the “Lot”), whether you bid directly, through an agent, or through anyone else that is granted access to or obtains control of your bidding credentials or Marketplace login (collectively, “Bidder”), Bidder agrees to the following conditions of sale — together with any conditions of sale posted on the Lot’s description or announced before the sale of a Lot (collectively, the “Conditions”). Bidder agrees the Conditions are binding upon Bidder’s agents, heirs, executors, legal representatives, successors, and assigns. No person may bid at a Hagerty Marketplace auction without first registering with BAG and providing an acceptable form of government-issued identification and payment, and BAG may accept, reject, condition, suspend, or terminate such registration at any time and in any way at its sole discretion. BAG reserves the right to request additional information from any Bidder. Bidder is responsible for maintaining the confidentiality of any username, password, or other credentials used to access Marketplace and BAG is neither responsible for nor liable for any losses or damages resulting from any misuse by any third party, whether or not authorized by Bidder.
2. The Scope and Limits of BAG’s Agency. All Lots are offered at auction by BAG as the agent for the Lot’s seller (“Consignor”) and not on behalf of BAG directly, unless otherwise disclosed. Consignor has authorized BAG to auction the Lot on Hagerty Marketplace, and then further (if the Lot is sold at auction) collect payment for the Lot from Bidder, remit the applicable proceeds to the Consignor, and transfer ownership and/or title to the Lot after Bidder has paid for the Lot and executed all documents that BAG, in its sole discretion, deems necessary and desirable to transfer ownership of the Lot from Consignor to Bidder. At the conclusion of the auction of each Lot, a sales contract is formed directly between Consignor and the winning Bidder of the Lot (if any). BAG is not a party to that sales contract, and BAG shall have no liability or responsibility for any breach or default by Consignor. Occasionally, BAG may have a legal, beneficial, or financial interest in a Lot, which will be disclosed (e.g., within a Lot description). For the avoidance of doubt, Bidder acknowledges and consents to the fact that the Consignor of the Lot (a) appoints BAG to act as an agent of Consignor to receive payments from the buyer of a Lot; (b) authorizes BAG to collect and process payments on Consignor’s behalf; (c) intends to hold BAG out to the public as an agent accepting payments on Consignor’s behalf; and (d) agrees that payment for the Lot is treated as received by Consignor at the time it is received by BAG. BAG is not responsible for transporting or shipping the Lot, and Bidder is solely responsible for paying for and separately coordinating transport or shipment of the Lot. BAG may recommend or refer other third-party services, such as for Lot transport, shipment, storage, or facilitating new registration or title for the Lot in the Bidder’s jurisdiction, but BAG is not responsible for such services and Bidder agrees that BAG is not liable for such services. Unless otherwise agreed between Bidder and Hagerty through a separate policy of insurance, BAG is not responsible for insurance of the Lot.
3. Buyer’s Premium and Sales Proceeds. Bidder acknowledges that BAG will collect a commission from the buyer of the Lot based on the last accepted auction bid once the Lot has cleared its Reserve, if any (the “Hammer Price”) or sales price (if sold before or after auction) of the Lot (“Buyer’s Premium”). Unless otherwise disclosed in the Conditions or in the Marketplace Terms of Use, BAG’s standard Buyer’s Premium is seven percent (7%) multiplied by the Hammer Price. Where Bidder is the winning bidder of the Lot, Bidder shall promptly pay to BAG the following “Sales Proceeds”: (a) the Hammer Price; (b) the applicable Buyer’s Premium based on the Hammer Price of the Lot; and (c) all applicable taxes and duties, expenses, and other disclosed fees. The Sales Proceeds are separate from any listing fee or any other third-party services or seller’s commissions agreed to and paid by Consignor. The Sales Proceeds are also separate from any other services or fees related to any purchased Lots agreed to and paid by Bidder, including services provided by third parties or BAG’s affiliates (e.g., vehicle transportation, insurance, storage, service contracts, and third-party services for filing new ownership paperwork in Bidder’s jurisdiction).
4. Reserve Prices. A Consignor may offer a Lot subject to a “Reserve,” defined as the minimum Hammer Price at which Consignor has authorized a sale of the Lot, which does not include applicable Commissions and Expenses. As is common practice in auctions, a Reserve is confidential with the Consignor and not disclosed to the public. A Consignor may lower the Reserve at any time, but may not increase the Reserve at any time. BAG may at its sole discretion sell any Lot below its Reserve upon agreed terms with the Consignor. BAG makes no representation or warranty of the anticipated value of any Lot and does not authorize any estimate of the Lot.
5. Role of Auctioneer. If the Lot is offered at auction, BAG will provide the services of a live auctioneer or use a time-based online auction platform (“Auctioneer”), to solicit and accept bids and other personnel as determined by BAG. BAG and its Auctioneer will have absolute reasonable discretion with regard to the Lot as to: (a) its order within the auction and visual demonstration at the auction; (b) whether to accept or reject bids; (c) whether and in what amount to place bids on behalf of Consignor up to and including the Reserve if the Lot is offered subject to a Reserve; (d) the conduct of the auction (including bid increments, use of a bid display, and whether to restart the auction of the Lot in whole or in part for any reason); (e) recognition of any sale to a buyer at the auction or whether the Lot has instead been “passed” for sale at the end of its auction; and (f) whether to rescind or terminate the sale of any Lot if BAG determines in its sole discretion that the transaction cannot or should not be completed for any reason, in which case BAG shall refund any payment by Bidder that has not yet been transferred to Consignor as well as any Buyer’s Premium paid by Bidder to BAG in full satisfaction of BAG’s obligations, and Bidder shall have no further remedy of any kind against BAG notwithstanding anything to the contrary in the Conditions. BIDDER AGREES THAT BAG SHALL HAVE NO LIABILITY WHATSOEVER TO BIDDER OR ANY OTHER PARTY FOR THE EXERCISE OF ANY OF THE FOREGOING RIGHTS, OR FOR ANY ERRORS IN THE EXECUTION OR FAILURE TO EXECUTE ANY BID IN ANY MEDIUM, REGARDLESS OF ANY CIRCUMSTANCES. For the avoidance of doubt, the bid price stated by the Auctioneer is the prevailing and binding bid price. BAG may use a bid display or currency converter, which is provided solely for bidder convenience, may not reflect real-time bids or currency conversions, and should not be relied upon by any bidder. Errors, inaccuracies, and time delays may occur in the operation of a bid display or currency converter. Neither BAG nor its agents shall be responsible for any errors or omissions in any bid display or currency converter.
6. Auction Errors. GLITCHES, BUGS, ERRORS, TIME DELAYS, OR INACCURACIES MAY OCCUR IN THE AUCTION, ANY BID DISPLAY USED, OR ONLINE AUCTION PLATFORMS (“AUCTION ERRORS”). TO THE FULLEST EXTENT PERMITTED BY LAW, BAG DISCLAIMS ALL LIABILITY FOR AUCTION ERRORS AND BIDDER AGREES BAG IS NOT LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM AUCTION ERRORS. BAG MAKES NO REPRESENTATIONS OR WARRANTIES THAT AUCTION BIDDING WILL BE WITHOUT AUCTION ERRORS OR AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS.
7. Payment Method and Deadline. Unless prior arrangements have been agreed to by BAG, Sales Proceeds are due in full to BAG by the winning Bidder by 5pm ET the second business day following the auction closing (the “Payment Deadline”). All payments must be made in U.S. funds by wire transfer, or with prior approval of BAG’s finance department, ACH, certified bank check, cashier’s check, personal or company check. Bidder also authorizes any credit card on file with BAG to be charged for Sales Proceeds. At BAG’s discretion, the sale of the Lot may be invoiced to any Bidder by BAG (whereby all Sales Proceeds will be received by BAG), or implemented and documented directly between Consignor and the Bidder (with some or all of the Hammer Price paid by the Bidder to Consignor, and the remainder of the Sales Proceeds separately invoiced and paid to BAG).
8. Non-Payment by Bidder. Bidder agrees that in the event of any non-payment by Bidder of the full Sales Proceeds by the Payment Deadline, BAG shall be entitled to in its sole discretion exercise one or more of the following remedies, without notice to Bidder and in addition to any other remedies BAG may have available at law or in equity: (a) remove and store the Lot at the risk, cost, and expense of Bidder and enforce payment against Bidder of the full Sale Proceeds and all other Lot storage fees, late charges, and costs of collection (including attorney’s fees), including through litigation or arbitration seeking either damages or specific performance; (b) cancel the sale of the Lot and return the Lot (including its title or other ownership documents) to Consignor or sell the Lot to another person, whether by auction or private sale, with or without Reserve, and hold Bidder liable for the payment of any deficiency in the Sales Proceeds upon resale plus all costs and expenses of resale, attorney’s fees, late charges, and any incidental damages; (c) charge Bidder interest on the unpaid Sales Proceeds from the Payment Deadline in the amount of one and one-half percent (1.5%) per month, or the maximum amount allowed by law, whichever is less; (d) offset any sums due from BAG to Bidder against the outstanding Sales Proceeds, or retain or sell any proceeds or property of Bidder in BAG’s possession or control and apply the net sale proceeds from such sale against the outstanding Sales Proceeds; (e) repossess any Lot from Bidder for which the Sales Proceeds are overdue and resell such Lot; (f) reveal Bidder’s identity and contact information to Consignor for Consignor to exercise any available remedies; and (g) suspend or terminate Bidder’s access to Marketplace.
9. Removal of the Lot by Bidder. Bidder is solely responsible for coordinating and paying for the removal, transport, or shipment of the Lot after the Payment Deadline. Bidder should promptly remove the Lot after its ownership is transferred to Bidder and if the Lot is not removed within fourteen (14) days of the Payment Deadline, unless otherwise specifically agreed by the Consignor and/or BAG, then Bidder shall be responsible for all costs of removal, storage, transportation, and handling, through third-party agents of Consignor or BAG’s choice. Bidder hereby grants BAG an irrevocable power of attorney to remove and store the Lot at Bidder’s expense. Except in BAG’s sole discretion, no Lot shall be released to Bidder until the Sales Proceeds have been fully paid and Bidder has fully complied with the Conditions.
10. Transfer of Ownership and Insurable Risk. The Lot shall remain Consignor’s property until BAG or the Auctioneer has announced the sale of the Lot to the successful buyer of a Lot, at which point a contract of sale is formed between the Consignor and the successful buyer of a Lot and all insurable risk of loss of the Lot will transfer from Consignor to the successful buyer of a Lot. If Bidder is the successful buyer of a Lot, then Bidder hereby agrees to execute BAG’s standard bill of sale to further document that contract (available upon request), and Bidder is responsible for and assumes all risk of loss or damage to the Lot. BAG, and its employees, officers, directors, and agents, shall not be liable for any loss or damage to any Lot at any time, and Bidder shall look solely to its own insurance for any theft, loss, or damage to the Lot during Bidder’s ownership. Further, Bidder acknowledges and agrees that BAG shall have no liability or responsibility to facilitate the transfer of ownership of the Lot, unless and until all of the following conditions are satisfied with respect to the Lot: (a) Consignor and Bidder execute BAG’s standard bill of sale; (b) Bidder remits the Sales Proceeds in full and in cleared funds to BAG; (c) the auction proceeds are received by Consignor; and (d) BAG has physical possession of the title or other ownership documents and a signed power of attorney by Consignor sufficient to transfer ownership to Bidder.
11. Transfer of Title, Export, and Registration.BAG will provide reasonable cooperation as needed to transfer legal title or ownership of the Lot to the Bidder and execute ownership, title, registration, transfer, or cancellation documents as reasonably requested, provided, and needed by Bidder; for the avoidance of doubt, Bidder agrees that BAG may fully discharge such duties by executing transfer of ownership documents on behalf of Consignor under any Consignor power of attorney. Bidder is responsible for obtaining necessary or jurisdiction-specific title, ownership, and registration documentation for the Lot, and BAG makes no representations or warranties regarding title, ownership, or registration. Unless prior arrangements have been agreed to by BAG, Bidder is responsible for registering a motor car at its final destination promptly upon receipt of a title. Bidder shall also be solely responsible, including the payment of any costs or fees, for timely obtaining any necessary licenses or permits to export a Lot out of the United States and/or to import a Lot into a foreign jurisdiction. Bidder is responsible for paying all federal, state, city, and any and all other taxes due, unless exempt by law. Bidder is responsible for supplying any proof of tax exemption, which is subject to BAG’s verification. In any jurisdiction where BAG is not a registered motor vehicle dealer or where BAG does not collect sales tax and documentation or licensing fees on registrable vehicles, or in the event BAG fails to collect such taxes or fees for any reason, Bidder shall be solely responsible for the payment of any sales or use taxes arising from the sale and delivery of any Lot. BIDDER HEREBY AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BAG AGAINST ANY CLAIMS, DAMAGES, LOSSES, OR ASSESSMENTS BY ANY COUNTRY, STATE, COUNTY, CITY, OR OTHER GOVERNMENTAL AGENCY FOR ANY FAILURE TO REGISTER A MOTOR CAR LOT, FOR ANY UNPAID SALES OR USE TAXES, AND FOR ANY UNPAID DOCUMENTATION AND LICENSING FEES (INCLUDING ANY INTEREST AND PENALTIES THAT MAY ACCRUE OR BE ASSESSED THEREON) ARISING FROM OR RELATED TO THE SALE OF A LOT TO BIDDER.
12. Bidder Representations and Warranties. By participating in a Hagerty Marketplace auction and/or bidding, Bidder represents and warrants that: (a) Bidder is complying with and agrees to comply with all applicable laws, rules and regulations, and the Conditions; (b) neither Bidder (including any entity that owns Bidder either in whole or in part) nor Bidder’s agent or principal (where Bidder is the agent of a principal) is on any United States, Canadian, United Kingdom or European Union sanctions list or located in a country that is subject to a U.S. Government sanctions or embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (c) Bidder’s purchase of and payment for a Lot are not connected with any criminal activity (including money laundering, tax evasion or terrorist financing), and Bidder is neither under investigation for nor has been charged with or convicted of such criminal activity; (d) Bidder has the legal capacity to enter into this Agreement and the financial ability and intention to pay the Sales Proceeds for any Lot on which Bidder bids, and Bidder is acting as a principal when bidding unless BAG expressly agrees in writing before Bidder places a bid that Bidder acts as an agent for another disclosed principal; (e) Bidder agrees to comply with all applicable policies and procedures BAG may communicate, including any posted Lot notices; (f) Bidder is responsible for any damage to a Lot by Bidder and any agent of bidder, whether negligently or intentionally, and Bidder agrees to be liable for all resulting damage and loss and shall pay or reimburse BAG (and its principal or agent, as the case may be) in full to compensate for any such damage; (g) any bid made by Bidder is binding and irrevocable, and Bidder may not change or rescind any bid once made; (h) Bidder is solely responsible for Bidder’s own diligence before bidding on any Lot and Bidder is solely relying upon Bidder’s own inspection of the Lot, and BAG makes no representations or warranties regarding the Lot (including whether any Lot satisfies any emissions standards, can be exported to any jurisdiction, or otherwise regarding the mechanical or cosmetic quality or condition, history, authenticity, originality, title, registration, safety or roadworthiness of any Lot); (i) Bidder has not relied on any BAG description, inspection, or condition report of the Lot, Bidder shall not be entitled to rely on any oral statement made by anyone regarding the Lot, including by BAG or any of its agents, and Bidder shall hold BAG harmless for any oral or written statements in any medium made by BAG that accurately repeat the Lot information supplied by Consignor or any description approved by Consignor; and (j) BAG shall not be liable for any loss, damage, or injury sustained by any Bidder and any agent of Bidder while inspecting or test-driving any Lot (including the premises where such inspection or test drive of any Lot may be conducted), except where such loss, damage, or injury is caused by the sole negligence or intentional act of BAG, its agents, or employees. Any attempted or actual fraud will be reported to the appropriate authority and subject to prosecution accordingly.
13. ALL LOTS ARE SOLD AS IS, WHERE IS, AND BAG DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES. ALL LOT SALES ARE “AS IS, WHERE IS” AND “WITH ALL FAULTS” AND NEITHER BAG NOR CONSIGNOR MAKES ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER REGARDING ANY LOT. BIDDERS ARE STRONGLY ENCOURAGED AND SOLELY RESPONSIBLE FOR INDEPENDENTLY INSPECTING ANY LOTS BEFORE BIDDING, AND BIDDERS MUST SATISFY THEMSELVES AS TO THE CONDITION OF THE LOTS AND ALL MATTERS REGARDING LOTS BEFORE BIDDING, INCLUDING HISTORY, AUTHENTICITY, ORIGINALITY, ANY NECESSARY OR DESIRED REPAIRS, RESTORATION, OR MISSING PARTS AND ACCESSORIES, AND APPLICABLE DUTIES AND TAXES. BAG AND CONSIGNOR HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES RELATING TO THE CONDITION, HISTORY, AUTHENTICITY, OR ORIGINALITY OF A LOT, TITLE OR REGISTRABILITY OF A LOT, ROADWORTHINESS OR MERCHANTABLE QUALITY OF A LOT, OR THAT A LOT CAN BE USED FOR ANY PARTICULAR PURPOSE. NO STATEMENT OR INFORMATION SET FORTH IN ANY WEBSITE OR LOT DESCRIPTION, NOR ANY ESTIMATES, INVOICE, BILL OF SALE, TITLE DOCUMENT, CONDITION REPORT, NOTICE, ADVERTISEMENT, OR ANY OTHER WRITING OR ANY ORAL STATEMENT REGARDING A LOT SHALL BE DEEMED TO CREATE ANY WARRANTY OR REPRESENTATION ABOUT A LOT.
14. Post-Sale Lot Issues. If Bidder promptly raises a claim regarding a Lot after purchase before BAG has paid Consignor the Hammer Price, BAG in its sole discretion may retain some or all of the Hammer Price and attempt to broker a solution among Consignor and Bidder. In such event, and if BAG in its sole discretion deems Bidder’s claims valid, then BAG may cancel or rescind the sale of the Lot and reimburse Bidder any portion of the Hammer Price still in BAG’s possession.
PLEASE READ THIS SECTION 15 CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES.
15.1 GOVERNING LAW AND BINDING ARBITRATION. This Agreement and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to an auction or Lot on Hagerty Marketplace, this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement), shall be governed by and enforced in accordance with the laws of the State of Michigan, without regard to choice of law principles. ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO AN AUCTION OR LOT ON HAGERTY MARKETPLACE OR THIS AGREEMENT, INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, AND INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT, SHALL EXCLUSIVELY BE SUBJECT TO ARBITRATION. THE PARTIES SHALL PROCEED TO ARBITRATION NEAR DETROIT, MICHIGAN OR ANOTHER MUTUALLY AGREEABLE VENUE, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION PURSUANT TO THE AAA COMMERCIAL ARBITRATION RULES UNDER ITS EXPEDITED PROCEDURES. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $25,000 OR LESS, THE AAA, BIDDER, AND BAG MUST ABIDE BY THE FOLLOWING RULES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES. Judgment on the award may be entered in any court having jurisdiction. In the event that either Party brings action against the other, arising from or relating to this Agreement, the prevailing Party, as determined by the arbitrator or court, shall be entitled to recover its reasonable attorneys’ fees and costs, including through appeals. Notwithstanding the foregoing, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either Bidder or BAG to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief or provisional remedies in aid of arbitration from a court of appropriate jurisdiction; or (d) to file suit in a court of law to address an intellectual property infringement claim.
15.2. LIMITATION OF LIABILITY.TO THE FULLEST EXTENT PERMITTED BY LAW, BIDDER AGREES BAG’S MAXIMUM LIABILITY RELATED TO AN AUCTION OR LOT ON HAGERTY MARKETPLACE OR THIS AGREEMENT IS EQUAL TO THE AMOUNT OF BUYER’S PREMIUM THAT BIDDER ACTUALLY PAID TO BAG (IF ANY), OR $500, WHICHEVER IS GREATER. BIDDER HEREBY EXPRESSLY AND KNOWINGLY WAIVES AND AGREES NOT TO SEEK ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO AN AUCTION OR LOT ON HAGERTY MARKETPLACE OR THIS AGREEMENT, INCLUDING ANY LOST PROFITS, REGARDLESS OF THE ACTS OR OMISSIONS OR FAULT OF BAG.
15.3. WAIVER OF JURY AND CLASS ACTION RIGHTS. THE PARTIES AGREE THAT BY ENTERING INTO THIS AGREEMENT, THEY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH OF THEIR INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
16. Bidder’s Indemnity. Bidder is solely responsible for any use and care of any Lot purchased by Bidder. TO THE FULLEST EXTENT PERMITTED BY LAW, BIDDER AGREES TO INDEMNIFY, DEFEND (WITH BAG’S SOLE CHOICE OF COUNSEL), AND HOLD BAG AND ITS AFFILIATES HARMLESS FROM ANY CLAIMS, DEMANDS, LOSSES, EXPENSES, DAMAGES, COSTS, ACTIONS, AND LIABILITIES, INCLUDING WITHOUT LIMITATION TO COURT COSTS AND ATTORNEYS’ FEES, OF WHATEVER KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO THE USE OR CARE OF ANY LOT PURCHASED BY BIDDER (INCLUDING ITS TRANSPORT, STORAGE, REPAIRS, OPERATION, AND OWNERSHIP).
17. Entire Agreement and Revisions. This Agreement and the Terms constitute the entire agreement between BAG and Bidder and except as stated herein, contains all of the representations, conditions, and warranties between them with respect to the Lot and their relationship. This Agreement and the Terms may only be revised prospectively by posting an updated version on hagerty.com or Marketplace, or by providing you with notice (by email or other notification), and Bidder agrees to receive notices of any updates to this Agreement and the Terms through such posting or notice. By continuing to use Marketplace or placing a bid, your continued use shall be deemed as irrevocable acceptance of any revisions to this Agreement and the Terms. Nothing in this Agreement shall be deemed to create a partnership or employment relationship between the parties.
18. Construction and Severability. If any term of this Agreement or the Terms is invalid or unenforceable, that term shall be deemed modified or deleted, but only to the extent necessary to comply with the statute, regulation, ordinance, order, or rule, and the remaining provisions of the Conditions shall remain in full force and effect. Bidder and BAG agree that any rule of law providing that ambiguities shall be construed against the drafting party, shall be of no force or effect. Time is of the essence for Bidder’s performance of the Agreement.
19. Notice. Any notice to be given under this Agreement may be given by Federal Express, UPS, or similar registered courier with copies sent via email to Bidder’s email on file and to BAG at legal@broadarrowgroup.com.
20. Client Confidentiality and Anti-Money Laundering. Except for purposes of documenting a sale of the Lot, BAG shall not be required to disclose the identity of any Consignor to Bidder without a court order or except in accordance with government regulations. Bidder acknowledges BAG may use information provided by Bidder for identity verification using third-party service providers for KYC (Know Your Client) and AML (Anti-Money Laundering) compliance. Bidder agrees to provide all information and assistance reasonably requested by BAG to comply with KYC/AML processes, laws, and regulations.
21. Privacy Policy. Bidder consents to BAG and its partners storing and using Bidder’s personal information in accordance with BAG’s privacy policy, located on hagerty.com. If Bidder has questions regarding the use of personal information, or wishes to unsubscribe to any services, please email privacy@hagerty.com.
22. Copyright Policy. BAG owns or licenses the copyright in all photographs, videos, and descriptions of any Lots created by or for BAG, and BAG in its sole discretion shall have the right to use, reproduce, and publish any of them for any purpose in any media at any time. Bidder shall have no right, title or interest to any of the foregoing in the event of buying a Lot, and Bidder agrees not to use, reproduce, or publish such copyrighted materials without BAG’s prior written consent.
23. Likeness. Bidder grants all necessary rights to BAG and agrees BAG has permission and license to use any comments by Bidder on Hagerty Marketplace for video, photography, and any other recording, display, broadcast, or publication for any and all purposes (including advertising and marketing purposes) at any time. Bidder waives all rights or claims (including rights of privacy and publicity) that might arise from such use under any applicable law.
24. No Tax or Legal Advice. Bidder is solely responsible for ensuring Bidder’s own tax compliance with all amounts due under this Agreement. Bidder authorizes BAG to collect any taxes, duties, VAT, or any other applicable tax on Bidder’s behalf, where required by law. BAG has not provided Bidder with any tax or legal advice in connection with this Agreement, and Bidder has had an opportunity to consult its own tax or legal advisors regarding this Agreement.
25. EU Consumer Protection Rights for Certain Online-Only Auctions. For certain online-only auctions, if (a) Bidder is a “consumer” (i.e., acting for purposes that are mainly outside its trade, business, craft, or profession) who habitually resides in the European Union or United Kingdom and (b) Consignor is a “business” or “trader” (i.e., acting for purposes relating to its trade, business, craft, or profession, whether personally or through another person), then the Bidder may have the right to cancel the online purchase of goods (the “Consumer Cancellation Right”) under certain countries’ laws during the period of fourteen (14) calendar days after the Bidder or their designated agent acquires physical possession of the Lot. If such a Bidder exercises the Consumer Cancellation Right, BAG will notify Consignor and cancel the sale of the Lot. A Bidder who exercises the Consumer Cancellation Right is responsible for any and all expenses associated with the Lot, including transportation, storage, insurance, duty, and taxes. If a Bidder exercises the Consumer Cancellation Right, such Bidder bears all risk of loss, and is therefore advised to insure the Lot until Consignor retakes possession.
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* Hagerty Marketplace offers both classifieds and auctions. Classified listings are a benefit provided to members of Hagerty Drivers Club, a non-insurance subsidiary of The Hagerty Group, LLC. Hagerty is not a licensed vehicle broker and does not take a commission on classified purchase transactions that are facilitated directly between buyers and sellers on the Marketplace platform. Auction listings are hosted on Hagerty Marketplace, and auction purchase transactions between buyers and sellers are facilitated by Broad Arrow Private Sales, LLC, d/b/a Hagerty Marketplace, a Michigan-licensed vehicle broker and non-insurance subsidiary of The Hagerty Group, LLC. For additional information and the complete Marketplace terms of use, visit hagerty.com/marketplace.
Last Updated December 2022.