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"). Power Motor Group, Inc. is a licensed motor vehicle dealership registered, bonded, and regulated within the State of New York.

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 & MANDATORY USER CLASSIFICATION

• Binding Contract: You acknowledge and agree that creating an account and placing a bid constitutes a legally binding, enforceable commercial contract to purchase the target vehicle.
• 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 address and phone number during registration.
• Mandatory Status Declaration: Upon registration, Users must declare their status as either a Retail Consumer (purchasing for personal, family, or household use) or a Licensed Wholesale Dealer (purchasing strictly for resale with a valid DMV-issued dealer license and tax resale certificate).
• Perjury & Fraud Warning: Any Retail Consumer who falsely registers as a Licensed Wholesale Dealer to evade consumer disclosures commits fraud. They explicitly agree to indemnify and hold the Company harmless from all resulting liabilities, and voluntarily waive all retail consumer protections by operation of estoppel.
• Account Responsibility: You are solely and completely liable for all bidding activity originating from your account. Passwords and access credentials must not be shared under any circumstances.

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.
• Deposit Forfeiture & Liquidated Damages: The $500.00 deposit is non-refundable. If the Buyer fails to execute final paperwork or clear the final balance within three (3) business days, the transaction is in default. The Buyer agrees that the $500.00 deposit shall be permanently forfeited to the Company as liquidated damages to cover administrative costs and platform re-listing fees, which are difficult to estimate at the time of breach.
• Statutory Exception: The deposit is refundable only if the Company fails to deliver a clean, transferable title or fails to meet the safety delivery standard of NYS VTL § 417 for retail transactions.
• 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. VEHICLE CONDITIONS, INSPECTION WINDOWS, & STATUTORY WARRANTIES

  A. FOR LICENSED WHOLESALE DEALERS (COMMERCIAL TRANSACTIONS)

• Strict As-Is: All transactions executed by a Licensed Wholesale Dealer are commercial transactions governed by Article 2 of the New York Uniform Commercial Code (UCC). Vehicles are sold strictly "AS-IS, WHERE-IS," WITH ALL FAULTS, AND WITH ABSOLUTELY NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXPRESS OR IMPLIED.
• Waiver of Protections: Wholesale buyers explicitly acknowledge that NYS General Business Law § 198-b (Used Car Lemon Law) and NYS Vehicle and Traffic Law § 417 do not apply to commercial/wholesale transactions.

  B. FOR RETAIL CONSUMERS (CONSUMER TRANSACTIONS)

• Vehicles Over 100,000 Miles: Pursuant to NYS General Business Law § 198-b, any vehicle with an odometer reading exceeding 100,000 miles at delivery is legally exempt from the NYS Used Car Lemon Law statutory warranty. To the maximum extent permitted under law, these vehicles are sold "As-Is" regarding mechanical endurance. Pursuant to NYS Vehicle and Traffic Law § 417, the Company provides a certificate declaring that the vehicle is in condition and repair to render satisfactory and adequate service upon the public highway at the exact moment of delivery.
• Vehicles Under 100,000 Miles ($1,500+): These vehicles are sold subject to the mandatory statutory warranty requirements of the NYS Used Car Lemon Law (General Business Law § 198-b). The duration of this performance warranty (30, 60, or 90 days) is dictated strictly by the vehicle's mileage at delivery as provided by operation of law. Any generic "As-Is" markings printed on invoices for these qualifying vehicles are void against Retail Consumers.
• Mandatory 24-Hour Post-Auction Inspection Window: The Buyer is granted a 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. For Retail Consumers purchasing under-100k vehicles, this window serves to identify any immediate delivery defects.
• Mandatory Return-For-Repair (Out-of-State Buyers): To trigger the Company's obligation to repair covered defects under the NYS Used Car Lemon Law or VTL § 417, the Buyer must physically return the vehicle to the Company's facility in Lindenhurst, NY at the Buyer's sole transport expense. The Company shall not be responsible, liable, or bound to pay for third-party diagnostic fees, parts, or labor performed by out-of-state repair shops without prior, express, written authorization.
• "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. VEHICLE REMOVAL, TRANSPORTATION, & RISK OF LOSS

• Risk of Loss Transfer Point: THE RISK OF LOSS, DAMAGE, DESTRUCTION, OR THEFT OF THE VEHICLE PASSES ENTIRELY TO THE BUYER THE EXACT MOMENT THE VEHICLE IS SIGNED FOR AND LOADED ONTO ANY TRANSPORT VEHICLE OR LEAVES THE PHYSICAL BOUNDARIES OF OUR FACILITY IN LINDENHURST, NY. Power Motor Group, Inc. is completely absolved of all liability for vehicle damage, mechanical failures, cosmetic flaws, or missing items discovered once the vehicle leaves our premises.
• Buyer-Arranged Transportation: If the Buyer elects to arrange their own transportation, the transport company acts strictly as the Buyer's designated agent. The Buyer assumes full responsibility for ensuring their carrier possesses adequate cargo insurance. The Company will refuse to release any vehicle if the carrier fails to provide a valid Bill of Lading matching the auction invoice.
• Company-Brokeraged Transportation: For the convenience of the Buyer, the Company may facilitate transportation arrangements through an outside, independent logistics provider. Buyer explicitly acknowledges that Power Motor Group, Inc. is acting solely as a broker and is NOT a common carrier.
• Limitation of Liability for Third-Party Carriers: All shipping, transit, and delivery services are performed exclusively by independent, licensed, and insured third-party transport companies. The Company makes no warranties regarding delivery timelines, transit safety, or carrier performance. ANY AND ALL CLAIMS FOR TRANSIT DAMAGE, DELAYS, ENGINE PROBLEMS, WEATHER DAMAGE, OR LOSS MUST BE FILED EXCLUSIVELY BY THE BUYER AGAINST THE SHIPPING CARRIER'S CARGO INSURANCE POLICY. Power Motor Group, Inc. shall not be a party to, nor liable for, any transit-related disputes or repair costs.
• Storage Fees: 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.

6. TITLES & DMV PAPERWORK PROCESSING

• Title Delivery: Pursuant to New York State Department of Motor Vehicles (NYS DMV) Commissioner's Regulations Part 78, transferable titles and necessary transfer documentation will be processed and submitted to the NYS DMV or delivered to the buyer within the strict legal timelines mandated for registered New York State automotive dealerships [9 NYCRR § 78.1]. The Company is completely protected against processing delays caused by state administrative backlogs.

7. MANDATORY ALL-INCLUSIVE JAMS ARBITRATION & EXCLUSIVE VENUE

• 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 All-Inclusive JAMS Arbitration: YOU AGREE THAT ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS CONTRACT, THE PLATFORM, THE ENFORCEABILITY OF THIS AGREEMENT, OR THE PURCHASE OF ANY VEHICLE—REGARDLESS OF THE MONETARY AMOUNT IN DISPUTE—SHALL BE SETTLED EXCLUSIVELY BY MANDATORY, BINDING ARBITRATION ADMINISTERED BY JAMS.
• Rules and Venue: The arbitration shall be conducted before a single neutral arbitrator in accordance with the JAMS Comprehensive Arbitration Rules and Procedures or JAMS Streamlined Arbitration Rules, as applicable. The physical venue for all arbitration hearings shall be strictly within 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.