TERMS OF SERVICE (TOS)

Effective Date: May 28, 2026

Welcome to bidsales109.com (together with 109certified.com, the "Platform"), owned and operated by Power Motor Group, Inc. ("Company", "we", "us", or "our").
By registering an account, placing a bid, or utilizing any services on this Platform, you ("Buyer", "User", "you") explicitly agree to be bound by these Master Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER AN ACCOUNT OR PLACE A BID.

1. PLATFORM REGISTRATION & ELIGIBILITY

   • Binding Contract: You acknowledge that creating an account and bidding constitutes a legally binding contract to purchase.
   • Age & Identification: Bidders must be at least 18 years of age. You must provide a valid, government-issued driver's license and a verifiable email and phone number during registration.
   • Account Responsibility: You are solely and completely liable for all bidding activity originating from your account. Passwords and access credentials must not be shared.

2. DIGITAL BIDDING MECHANICS

   • Irrevocable Bids: Every bid placed on the Platform is a firm, irrevocable offer to purchase the vehicle. Bids cannot be canceled, lowered, or retracted under any circumstances.
   • The "Soft Close" Rule: To ensure fairness and prevent automated bidding software ("sniping"), any bid placed within the final two (2) minutes of an auction will automatically extend the bidding clock for that specific vehicle by an additional two (2) minutes.
   • Technical System Errors: The Company is not responsible for missed bids, delayed notifications, or lost transactions resulting from internet latency, browser crashes, server downtime, or platform technical anomalies.

3. DEPOSITS, FEES, & MANDATORY PAYMENT TERMS

   • Immediate $500 Deposit: Upon receiving an automated Auction Win notification, the winning bidder must immediately submit a $500.00 deposit via our designated secure payment link.
   • Strict Non-Refundability: THE $500.00 DEPOSIT IS 100% NON-REFUNDABLE UNDER ALL CIRCUMSTANCES. It serves to secure the vehicle on your behalf and initiates state-mandated documentation processing.
   • Dealer Fees: Power Motor Group, Inc. charges $0.00 in Documentation Fees or administrative dealer fees on the auction invoice. Final state taxes, registration fees, and title transfer fees are calculated separately based on the Buyer's registration address at final checkout.
   • Final Balance Deadline: The remaining vehicle balance must be paid in full within three (3) business days of auction close.
   • Acceptable Payment Methods: Remaining balances must be cleared via bank wire transfer or certified bank check. Personal checks are not accepted. Any instrument resulting in insufficient funds triggers an immediate right to vehicle repossession and subjects the Buyer to collections liabilities.
   • Default and Account Ban: Failure to pay the deposit immediately or clear the final balance within three (3) business days constitutes a material breach of contract. The vehicle will be forfeited, your account will be permanently banned from the Platform, and we reserve the right to pursue collections for lost auction revenue.

4. STRICT "AS-IS" CONDITIONS & 24-HOUR INSPECTION WINDOW

   • As-Is, Where-Is: ALL VEHICLES ARE SOLD STRICTLY "AS-IS", "WHERE-IS", WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. Power Motor Group, Inc. makes no guarantees regarding mechanical reliability, structural integrity, frame damage, emissions compliance, history reports, or cosmetic completeness.
   • Mandatory 24-Hour Inspection: The Buyer is granted an isolated window of exactly twenty-four (24) hours from the close of the auction to inspect the vehicle in person at our Lindenhurst, NY facility, or hire a certified third-party mechanic to do so at the Buyer’s own expense.
   • Post-Delivery Waiver: It is the Buyer's exclusive responsibility to verify all vehicle elements are satisfactory prior to taking physical delivery. Power Motor Group, Inc. is completely absolved of liability for cosmetic flaws, missing keys/accessories, or mechanical issues discovered after the vehicle leaves our lot.
   • "We Owe" Exclusivity: Any repairs or terms agreed upon verbally are completely void unless executed via an official, written "We Owe" form signed by an authorized manager of Power Motor Group, Inc.

5. TITLES, PICKUP, & REMOVAL

   • Vehicle Removal: Vehicles must be picked up or transported from our facility within three (3) business days of cleared final payment. Storage fees of $50.00 per day will apply to any vehicle left past this window.
   • Title Delivery: Pursuant to New York State Department of Motor Vehicles (NYS DMV) guidelines, titles are processed immediately upon final payment clearance. Legal timeline delivery is subject to standard safe-harbor protections regarding NYS DMV paperwork distribution.

6. MANDATORY BINDING ARBITRATION & NEW YORK JURISDICTION

   • Governing Law: This agreement, the Platform, and all auction transactions are governed exclusively by the laws of the State of New York, without regard to conflict of law principles.
   • Mandatory JAMS Arbitration: YOU AGREE THAT ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS CONTRACT, THE PLATFORM, OR THE PURCHASE OF ANY VEHICLE SHALL BE SETTLED EXCLUSIVELY BY MANDATORY, BINDING ARBITRATION.
   • Venue: Arbitration shall be administered by JAMS and conducted strictly in New York City, New York. The arbitration award shall be final and binding, and judgment may be entered in any court having jurisdiction.
   • Class Action Waiver: You explicitly waive any right to maintain or participate in class actions, representative actions, or class-wide arbitrations against Power Motor Group, Inc. or its affiliates.