RideNow Auction
TERMS and CONDITIONS / RULES FOR PARTICIPATING BIDDERS

NOTICE: These Terms and Conditions / Rules for Participating Bidder (“Bidding Rules”) set forth the terms and conditions of participation in the retail auction offered by RideNow Orlando (“RideNow”).  All references to “dollars” or “$” are U.S. dollars.

Indication of consent to these Bidding Rules (or of any other document associated with Bidder’s Auction participation) by means of electronic signature or any other affirmative assent (e.g, initials, checking boxes, clicking “continue” or “I agree”, etc.) shall be legally binding upon Bidder, as if the instrument was the subject of an original, handwritten execution.

DEFINITIONS and RULES OF PARTICPATION

A bid is considered a binding offer to purchase.  In the event your bid is the highest eligible bid at the time of Auction Close, and such bid is above the Reserve Amount (defined below), you will be bound to purchase at that price. 

For purposes of these Bidding Rules, the following terms are defined as a matter of convenience:

1. “RideNow” means RumbleOn Dealers, Inc. d/b/a RideNow Orlando (Fl. Lic. No. VI/1138112/1)
2. “Lot” means any item identified and made available for sale in any particular on-line or in-person auction event hosted or offered by RideNow.
3. “Reserve Amount” means the minimum amount that RideNow will accept for a specific Lot.
4. “Bidder” means a person or entity placing a bid in the Auction System for on any specified Lot in any particular on-line or in-person auction event hosted or offered by RideNow.  The term “Bidder” is understood to include his/her/its respective heirs, successors and assigns.
5. “Buyer” means the Bidder with the highest valid bid for any particular Lot at the time the auction is closed, and in a reserve auction, only if the Reserve Amount has been met or exceeded.

Bidder is required to register for each auction event in accordance with RideNow’s policies and procedures, which may be amended from time to time. Bidder must use the User ID assigned by RideNow as a condition of auction participation. All communications, invoicing, and title/registration documentation will be completed using the information provided by Bidder at the time of registration, unless updated by Bidder.

Any Bidder may be subject to additional verification measures by RideNow or any third-party vendor it may employ in its sole discretion before completing a sale.

There are no fees required to register or participate in a RideNow auction event.  At the time of registration, a pre-authorization in the amount of $250 (the “Hold”) will be placed on your credit card.  At the conclusion of the auction for all Lots, in the event Bidder does not win any Lot, that Hold will be released.  RideNow will promptly communicate the release of the Hold to the card processor, however, RideNow is not responsible for any delays in releasing the Hold and the release of funds may not appear on your card statement or account for several days.

A successful Buyer will be required to pay a $250 fully-refundable deposit for each Lot at the close of each auction.  The Hold will be converted to a charge upon Buyer winning his/her first Lot and will be credited to the purchase price. Buyer will be responsible for all state and local registration charges, taxes, and fees associated with transfer of title for each Lot.  These amounts will be added to the amount of the final winning bid and must be paid by Buyer to complete the purchase, unless otherwise stated herein.

PROXY BID and RESERVE AUCTION TERMS:  All Lots are offered as a reserve auction with a “Buy Now” option disclosed at the outset of the auction.  The opening bid for any Lot is not the Reserve Amount and RideNow is not obligated to sell any Lot below the Reserve Amount.  The Reserve Amount for each Lot will not be disclosed before the start of bidding. Bidder may, at any before the start of the auction for any Lot, place a proxy bid for a maximum bid offer.  In addition, any Bidder may end an auction immediately by clicking “Buy Now” which is equivalent to a bid to purchase at the “Buy Now” amount.  If, during a live auction, any Bidder selects “Buy Now” the auction for that Lot will immediately terminate and the Bidder selecting “Buy Now” will be deemed the winner / Buyer.  RideNow has and retains the right to advance the “current bid” price based upon any pre-placed proxy bid up to the lesser of the maximum proxy bid for that Bidder or the Reserve Amount.  This may be done automatically during the bidding process in increments or at the outset of the auction for a specific Lot.  Once the Reserve Amount has been met, proxy bids will only be increased in response to a competing bid.  RideNow has and retains the right to bid on any Lot up to the Reserve Amount at any time during the auction process, at which point RideNow may no longer bid.

You don't need a competing bidder in order to win a reserve auction. If your maximum proxy bid, or that of another bidder, is greater than or equal to the Reserve Amount, the auction price will automatically rise to the Reserve Amount (either incrementally or immediately), and the highest valid Bidder on the Lot will be the Buyer.

LIMITATIONS AND DISCLAIMERS

• Each vehicle is owned and offered for sale by RideNow. Each Lot will be a pre-owned units unless otherwise clearly stated and sold with a 90-day Limited Powertrain warranty. See the Terms and Conditions of this Limited Powertrain Warranty, for details.  This warranty is the exclusive warranty offered by RideNow in connection with the sale of any Lot. RideNow expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability or fitness for a particular purpose.  Buyer understands that: (i) any and all information concerning any Lot is provided by RideNow based on the information provided by previous owners to RideNow and/or otherwise made known to RideNow; (ii) RideNow does not make any representations or express any opinions of its own concerning any Lot; and (iii) RideNow cannot, and does not, represent or warrant the presence or absence of any modifications made by prior owners and does not represent or present any opinion over the suitability or fitness of any modifications for any particular use or purpose. 
• Buyer acknowledges that RideNow’s sole and exclusive duty to Buyer is to transfer title to the Lot to Buyer, in the condition depicted in the auction listing and photographs, with the 90-day limited powertrain warranty, free and clear of any lien claims, except as created by Buyer in financing the acquisition of the Lot.  Except with regard to such duty, Buyer hereby waives and releases RideNow from and against any claim, demand, liability, or expense of any kind arising out of or related to the Lot, expressly including without limitation any assertions of negligence (including negligent misrepresentation), breach of contract or breach of warranty.  
• Depending on the state of registration of the Buyer, the Lot purchased by the Buyer may require an inspection and may require modification, alteration, or repair to be registered in that state. All such modification, alterations, or repairs are the sole responsibility of the Buyer.
• Neither RideNow nor any agent, employee, or representative of RideNow has given or authorized any other person to give any oral or written affirmation, representation, warranty or guarantee concerning any Lot. 
• Buyer acknowledges that RideNow must comply with U.S.-mandated economic and trade policies and that such compliance may include reviewing individual customer and/or transactional data for compliance.

PAYMENT OPTIONS

FINANCING and PRE-APPROVAL: RideNow offers multiple options for consumer financing.  To ensure availability of financing at the time of an auction, Bidders are encouraged to get pre-approved at least 24 hours before bidding for any Lot.  Bidders may get pre-approved by clicking the link provided during sign-up or CLICK HERE.  Depending on the financing selected, Bidder’s approval amount may vary based on the age and condition of a particular Lot, at discretion of the lender selected.  RideNow does not control or dictate these approval terms offered by any lender.

• Buyers Relying on Financing: For any Bidder relying on financing, Bidder acknowledges and agrees that, in the event Bidder enters a winning bid in excess of his/her pre-approval, s/he shall remain fully liable to RideNow for the complete purchase price, plus applicable taxes and fees, and that payment shall be made to RideNow in good funds at the time of sale.
• Buyers Relying on Letter of Credit:  For any Buyer relying on a letter of credit, in the event Bidder enters a winning bid in excess of his/her pre-approval, Buyer hereby warrants and agrees that s/he shall remain fully liable to RideNow for the complete purchase price, plus applicable taxes and fees, and that payment shall be made to RideNow in good funds on the day of sale.

PAYMENT

REGISTRATION, TAXES AND FEES: Buyer will be required to pay all applicable taxes, license fees, or other fees levied by the applicable state and local authority based upon the address of residence of Buyer.  These amounts are NOT INCLUDED in your bid and will be added to the final bid amount due from Buyer.

Pursuant to Florida law, RideNow will collect and remit all registration fees and taxes necessary to transfer title to Buyer.  For purchasers residing outside of Florida, in the event buyer is paying the full purchase price in cash or via confirmed wire transfer (without any financing or lienholder interest), Buyer may elect to pay these fees directly by providing an acceptable (to be determined in RideNow’s sole discretion) bill of lading demonstrating export outside of the state of Florida.

$250 DEPOSIT REQUIRED AT CLOSE OF AUCTION:  Immediately upon close of an auction for a particular Lot, Buyer must remit a deposit in the amount of two-hundred fifty dollars ($250), which will be applied to the total purchase price due from Buyer upon completion of all documentation necessary to transfer title.  This amount will be charged to the credit card provided by Bidder at the time of registration.  Bidder/Buyer acknowledges and agrees that (i) RideNow has appointed Global Partners, as its payment processing agent for the limited purpose of accepting funds from Buyer on RideNow’s behalf in connection with the deposit required; (ii) Buyer agrees and authorizes the charge and agrees not to dispute the charge with its credit card issuer.  Upon payment of the deposit, Buyer warrants and agrees that s/he will perform the necessary steps to document and facilitate the transfer of title in accordance with applicable state law.

FINAL PAYMENT BY WINNING BIDDER / BUYER: A valid method of payment must be submitted for Lot for which Bidder is a Buyer.  Buyer must pay for all Lots in full before any Lot will be released to Buyer.  Credit cards will only be permitted as a valid method of payment up to 20% of the purchase price of a Lot.  Personal checks may be accepted at RideNow’s sole discretion, but only if accompanied by an irrevocable bank letter of guaranty in favor of RideNow stipulating Buyer’s credit limit at the time the sale is to be completed.  If a personal check is accepted, RideNow will retain the Lot and the title transfer documents until funds have cleared and are in RideNow’s account. Unless otherwise agreed by RideNow, if Buyer does not tender good funds in the amount necessary amount to complete the purchase the Lot (bid amount plus any additional charges for options or accessories selected by Buyer minus any applicable trade allowance, plus mandatory taxes, fees, and registration) within three (3) business days, Buyer will be deemed to be in Default and Buyer will have no further right or claim to purchase the Lot.

DEFAULT OF BUYER:  Should Buyer fail to make payment and provide all required documentation or otherwise fail to complete the transaction in any way, RideNow shall retain all right and title to the Lot and Buyer’s $250 deposit will be returned to Buyer.  RideNow may then, at its sole discretion, relist the Lot in another auction or offer the Lot for retail sale to another Bidder or member of the general public.

REFUND POLICY: In connection with a RideNow auction, RideNow offers a 3-Day / 150 Mile refund program.  In the event Buyer is not satisfied with the Lot upon delivery, Buyer may return the Lot to RideNow, 857 E Crown Point Rd, Unit #100, Ocoee, FL 34761, in the same condition as it was delivered to Buyer upon the earlier occurrence of three (3) days from the date Buyer takes delivery OR 150 miles are added to the odometer reading shown at the time of delivery, for a full refund of the purchase price paid, including taxes. Buyer’s transportation costs to/from RideNow are not included.  In the event Buyer elected to utilize a transportation service to take delivery at RideNow and transport the Lot to Buyer, those costs were not payable to RideNow and will not be refunded.  Buyer is solely responsible for any transportation costs to return the Lot to RideNow. For any shipped Lot, Buyer must contact RideNow to initiate the return before the expiration of 3 days from the date and must arrange for transportation within three (3) business days of contacting RideNow.  Refunds will only be payable upon acceptance of delivery at RideNow and all risk of loss or damage remains with Buyer until that time.  There are no refunds after expiration of the earlier of 3 days or 150 miles added to the motorcycle.  Any alteration to, or interference with the functioning of the odometer will void this refund provision.

DOCUMENTATION and PICK-UP / TRANSPORTATION

At the conclusion of each auction, if a Lot is sold, RideNow will contact Buyer at the contact information provided at the time of registration.  Buyer may complete all documentation at the RideNow location at 857 E Crown Point Rd, Unit #100, Ocoee, FL 34761.  Buyer’s may also complete their transaction remotely. In such cases, RideNow will send by Federal Express (or other overnight delivery service) all documentation necessary requiring Buyer’s signature to complete the transaction.  Buyer must sign and return the documentation to RideNow using the provided pre-paid shipping label.  If Buyer is utilizing financing to complete the purchase, Buyer must execute documents before a Notary Public in Buyer’s state of residence before return.  Buyer must complete and return the documentation necessary to transaction within five (5) business days of close of the auction for any Lot. 

Upon return of the executed and complete documentation packet, and upon payment of all amounts due from Buyer, RideNow will arrange for registration in state of residence of Buyer and remit collected taxes.  Buyer must remove all purchased Lots from RideNow’s premises, or have documented arrangements with a third party shipper of Buyer’s choosing, within five (5) business days of return delivery of all completed paperwork necessary to transfer title.

Buyer is responsible for providing proof of current insurance before operating any motor vehicle owned by RideNow. Prior to operating any vehicle(s) purchased at auction, Buyer agrees to check or inspect any safety or driving components or mechanisms of such vehicles.

SHIPPING SERVICES:  In the event Buyer elects to have a Lot shipped to his/her state of residence, RideNow will engage the services of a known carrier with experience in transportation of motorcycles, at Buyer’s cost.  All shipping arrangements, charges, and risk of damage or loss in transport, are exclusively between Buyer and the shipper selected by Buyer.

**By engaging a carrier on behalf of Buyer, RideNow is not guaranteeing, endorsing, or insuring the transportation of any Lot or the services provided by the transportation provider selected by Buyer.  All contractual obligations for transportation are exclusively between Buyer and Carrier.

TRANSFER OF TITLE / RISK OF LOSS –

At the close of each auction, the offered Lot will pass to the Buyer subject to the conditions set forth herein, and only after Buyer: (i) signs the contract of sale confirming purchase of the Lot and any related purchase/registration documents; (ii) pays the full purchase price plus applicable fees and /or taxes associated with the sale or registration; and (iii) pays any shipping costs, if Buyer elects to use a carrier to deliver the Lot to Buyer.  Upon completion of those items, even if title transfer is not yet complete, provided RideNow has submitted title transfer application to Buyer’s state of residence, Buyer assumes full risk and responsibility for the Lot and neither RideNow nor its agents shall be responsible for the loss of, or any damage to, any article or Lot due to theft, fire, breakage, or any other cause whatsoever.

All items are sold, and title shall pass, at RideNow, located at 857 E Crown Point Rd, Unit #100, Ocoee, FL 34761.

REMEDIES and GOVERNING LAW

Unless otherwise prohibited by law, before Buyer may initiate any legal proceeding arising out of or relating to any sale occurring as a result of the auction, Buyer must submit written notice of a dispute at least thirty (30) days prior to filing suit.  Such notice shall set forth the particular issue in dispute and shall be sent to:

RideNow Auction      
Attn: RumbleOn Legal Dept.
901 W. Walnut Hill Ln., Suite 110A 
Irving, TX 75038

Buyer agrees that the parties shall submit to a mediation utilizing a nationally recognized mediation firm in good standing (JAMS, American Arbitration Association, etc.).  RideNow and Buyer agree to participate in a good faith effort to resolve any such dispute. If the parties are unable to reach an agreed resolution, Buyer may thereafter initiate legal proceedings in a court of competent jurisdiction. AS A CONDITION PRECEDENT TO ANY LITIGATION, Buyer must (1) provide written notice and the opportunity for RideNow to cure any defect, AND (2) request and participate in mediation.

Notwithstanding the foregoing, and in the event the mediation referenced above is unsuccessful, Buyer’s sole and exclusive remedy shall be an action for actual damages against RideNow. BUYER EXPRESSLY WAIVES ANY CLAIM FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR OTHER SPECIAL DAMAGES, WHETHER PROVIDED BY STATUTE, COMMON LAW, OR ANY OTHER LEGAL THEORY.

This Agreement, and any action arising out of or based on it or its subject matter, shall be governed by Florida law excluding its conflicts of law rules. Buyer agrees that the state and federal courts located in Orange County, Florida shall have sole and exclusive jurisdiction over any action, dispute, or proceeding relating to or arising out of this Agreement or its subject matter, and Buyer hereby waives any objection to venue laid therein. Buyer further agrees that the state and federal courts located in Orange County, Florida shall have personal jurisdiction over Buyer for the purposes of any action described above. In any litigation or proceeding arising out of or related to this Agreement, Buyer agrees to pay all of RideNow’s attorney fees, costs, and other expenses incurred in connection with the litigation or proceeding if RideNow is deemed a prevailing party in such litigation, where “prevailing party” shall mean and refer to the party that substantially prevails in its claim or defenses.

MISCELLANEOUS

CONSTRUCTION, VALIDITY and SEVERABILITY: If any provision of these Bidding Rules is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision shall be severable and deemed and/or omitted to the extent so contrary, prohibited or invalid, but the remainder of these Bidding Rules shall not be invalidated thereby and shall be given full force and effect so far as possible. If any provision of these Bidding Rules can be reasonably construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision shall have the meaning which renders it valid and enforceable. (A) In the event Buyer breaches these terms and conditions or fails to consummate the sale for any reason, RideNow may, at its sole discretion and, in addition to any rights available at law or in equity: (i) compel specific performance and hold Buyer liable for the bid price plus taxes and/or fees; (ii) resell by public or private auction for Buyer’s account and risk and hold Buyer liable for all damages, including the difference between the bid price and resale price, all costs for resale (including commissions), attorney fees and consequential damages; or (iii) cancel the sale and retain all payments made by Buyer, including any advance deposits, as liquidated damages and not as a penalty.

ENTIRE AGREEMENT - This Agreement and related Contract of Sale contain the entire agreement between Buyer and RideNow pertaining to the subject matter described herein. Any terms proposed by Buyer orally or in writing which add to, vary from or conflict with this Agreement shall be void, and the Agreement shall constitute the complete and exclusive statement of the agreement between the parties and may be modified only by written instrument executed by the authorized representatives of both Buyer and RideNow and which expressly modifies the Agreement.

ASSIGNMENT - This Agreement, and any and all rights, obligations, claims, or causes of action arising from it or its subject matter, may not be assigned to or acquired by any other person or entity without the prior written consent of an authorized officer of RideNow, or its parent entities.

PRIVACY POLICY NOTICE – These Bidding Rules, and data provided by Bidder, shall be subject to the RumbleOn Privacy Policy which is available here. By consenting to these Bidding Rules, you also acknowledge and accept our Privacy Policy.