TERMS OF USE AGREEMENT

WELCOME TO THIS WEBSITE! BIDUX.COM OFFERS THIS SITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. YOUR USE OF THIS SITE SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT US AT [email protected].

GENERAL USE RESTRICTIONS

bidux.com or third parties granting rights to bidux.com and its affiliates hold all rights, titles, and interests in and to the materials on this Site, which are the copyrighted work of bidux.com and its affiliates. bidux.com grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. Pictures, descriptions, quote calculator, range and mileage estimator from this site cannot be reproduced on any other site. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to “frame” or “mirror” the Site, any material contained on or accessible from this Site on any other server or Internet-based device without the advanced written authorization of bidux.com.

REFUSAL TO TRANSPORT

At any time Bidux may decline to transport any vehicle. In such an instance, the client will be refunded the full amount paid to Bidux for the transportation of said vehicle.

THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES

When using this Site, you have to be aware that links to third party sites and advertisements of products/services are only there for your convenience. The contents, warranties or any other representations in those ads are NOT those of bidux.com. You acknowledge that bidux.com and its affiliates are hereby RELEASED by you from any legal or financial responsibility that may stem from your use/purchase of anything from third party advertisers/sponsors. The service may be financially beneficial for bidux.com in some instances.

The links or advertisements/pop ups are provided for your convenience only. You acknowledge that bidux.com and its affiliates do not make ANY representations in those ads. Our site is simply a medium that provides a place for posting of such ads/links

DISCLAIMER OF WARRANTIES

Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the quotes/materials/services/schedules on the Site. Quotes may be inaccurate when first calculated. The products have not been independently verified or authenticated in whole or in part by bidux.com. bidux.com does not warrant the accuracy of the transportation quotes that are provided by bidux.com, its affiliates or independent third parties. You hereby release bidux.com from any liability for any errors or omissions in the descriptions/pictures/quotes, whether provided by bidux.com or third parties.

THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. BIDUX.COM AND ITS AFFILIATES, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. BIDUX.COM AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF BIDUX.COM AND ITS AFFILIATES HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REMEMBER: bidux.com is merely acting as the Shipper’s shipping agent (Broker) to the Carrier who does NOT warrant any type of payment or timeliness of it to the Carrier; bidux.com merely acts as an intermediary. You hereby agree that bidux.com is NEVER liable for the safety, condition and or timeliness of the load.

INACCURACIES OR ERRORS

The descriptions, pictures and other representations of products, quotes or services on this site may contain inaccuracies and/or errors. bidux.com and its affiliates do not make any warranty or representation with respect to the accuracy or completeness of any such information. You acknowledge that prices and availability of services and/or quotes, descriptions of which are provided on this site may change without notice to you at any time pursuant to the sole discretion of bidux.com and/or its affiliates. You acknowledge that prices and availability of services and/or quotes, descriptions of which are provided on this site may change without notice to you at any time pursuant to the sole discretion of bidux.com and/or its affiliates.

Carriers that may be chosen by bidux.com shall have the right to refuse or cancel any transportation orders/quotes placed for shipment listed on this website. Carriers associated with bidux.com shall have the right to refuse or cancel any such offers and/or quotes whether or not the order has been accepted and you provided the necessary deposit. If you have paid a required deposit and your shipment order has been refused or cancelled, your deposit will be refunded in a timely manner.

Risk of Loss.
Shipper takes full responsibility and assumes all risk of loss for vehicles being shipped, from the time bidux.com’s chosen Carrier accepts Shipper’s order. From and after acceptance of Shipper’s order, Shipper acknowledges that the risk of loss passes to the Carrier. bidux.com shall not be responsible for damage to or loss of the vehicle or parts thereof due to operational procedures in place at the storage facilities, from acts of theft or vandalism, or acts of God; and/or any claim of damage made after the vehicle has left the storage premises and has been picked up by the Carrier. EXCEPTIONS ARE USED VEHICLES BOUGHT FROM AUCTION HOUSES. BIDUX DOES NOT PROVIDE THE INSPECTION SERVICE UPON PICKUP. BIDUX DOES NOT TAKE RESPONSIBILTY FOR THE LOSS OF UNSECURED PARTS, SPILLED/LICKED OIL DAMAGE, ETC. IT IS FULLY THE CLIENT'S RESPONSIBILITY TO HAVE A VEHICLE INSPECTED AND ALL THE LOOSE PARTS SECURED BEFORE THE TRANSPORTATION. IN ANY EVENT, EVEN IF DESPITE THE ABOVE DISCLAIMER, BIDUX.COM IS FOUND LIABLE, ANY LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE SHIPPING ORDER FOR THAT PARTICULAR ITEM. Import/Export Issues. It is the responsibility of the buyer to comply with customs import procedures applicable to foreign title vehicles. Customs inspection, import fees and proof of emissions compliance may be required.

Cancellation fee.
In the event that the shipper needs to cancel the shipment of the vehicle, Bidux.com will charge a cancellation fee of $250 or 10% of the value of the shipment, whichever is greater. This cancellation fee applies if the necessary arrangements have been made by Bidux.com in order to ship the vehicle. Shipment can be cancelled for any reason or no reason at all.

Storage fees and "dry run". All storage fees must be taken care of prior to the pickup of the vehicle by the driver. If Bidux attempts to pick up the vehicle from a facility and there are outstanding storage fees, Bidux may not pick up the vehicle and charge a "dry run" fee. The Dry run fee is 250$ or 10% of the delivery price, whichever is greater.

LOCAL LAWS; EXPORT/IMPORT CONTROL

Bidux.com and its affiliates controls and operates this Site from its headquarters in the Commonwealth of Delaware in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.

TERMS OF USE REVISIONS

bidux.com may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.

APPLICABLE LAW AND CHOICE OF FORUM

Any action related to these Terms will be governed by the law of the State of Delaware , without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Delaware , for the resolution of all disputes arising from or related to these Terms and/or your use of the Site. You, the customer, hereby agree that any and all litigation related to bidux.com and/or its affiliates shall be litigated only in Commonwealth of Delaware Courts under the laws of the Commonwealth of Delaware . You hereby agree that the appropriate venue for litigation of ANY issues arising out of your use of this site shall be Philadelphia County, Delaware. You hereby agree that the first party that shall be sued is the Carrier. The suit against the Carrier must be completed and any judgment MUST be final prior to the commencement of any action against bidux.com.

UNAUTHORIZED ACTIVITIES

Submissions and unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold bidux.com AND ITS AFFILIATES, and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party if your use of the Site or the use of the Site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.

OUR SERVICES ARE AVAILABLE ONLY TO, AND MAY ONLY BE USED BY INDIVIDUALS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, OUR SERVICES ARE NOT AVAILABLE TO CHILDREN (PERSONS UNDER THE AGE OF 18) OR TEMPORARILY OR INDEFINITELY SUSPENDED BIDUX.COM MEMBERS.

IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, SUCH PROVISION SHALL BE STRUCK AND THE REMAINING PROVISIONS SHALL BE ENFORCED. YOU AGREE THAT THIS AGREEMENT AND ALL INCORPORATED AGREEMENTS MAY BE AUTOMATICALLY ASSIGNED BY BIDUX.COM AND ITS AFFILIATES.