RRE Inc. Terms & Conditions
1. Vehicles are auctioned AS-IS, WHERE-IS(with all faults),WITHOUT WARRANTY or GUARANTEE, either expressed or implied, as to age, year of manufacturer, make, model, condition or any other specification. Descriptions of vehicles, either written or oral, are furnished as a guide only. No guarantee as to accuracy of description is made. Some vehicles may have salvage only titles. Salvage only title and export only vehicles, when known are announced. Absence of mention of salvages title or export only vehicle does not constitute any warranty or guarantee. This auction is conducted WITH RESERVES. The seller reserves the right to approve the final transfer of property to the successful bidder, even after the auctioneer states, “SOLD.” The seller reserves the right to place a reserve price and bid on his/her own lots being offered for sale or bid through the auction administrator or auctioneer, up to the reserve price. In accordance with customary auction rules and procedures, an Auction is not a “pure sale” auction even if one lot offered for sale has a reserve placed on it. Therefore, this auction is conducted with reserves.

2. Seller reserves the right to add/delete vehicles to/from the auction at any time. Owner, consignor, or agent reserves the right to bid on their behalf.

3. Each registered bidder is solely responsible for the use of his/her bidder number and any use by another person is presumed to be with the consent of and contractually binding on the registered bidder.

4. Deposit refund requests must be requested by email to auctionpaymnets@rodrobertson.com. Security of the bidder number is solely the responsibility of the registered bidder. Deposit refunds may take up to two weeks.

5. Practices that eliminate competition, such as collusive bidding, may warrant criminal, civil, or administrative action against the participant.

6. All vehicles must be removed from the storage facility by 4pm on the 3rd day to avoid occurring storage fees. After the 3rd day the buyer will be given 7 days of storage at the discounted rate of $5.00 per day or $10 per day for medium/heavy duty vehicles. Vehicles not picked up within 10 days will be subject to the standard commercial rates for vehicles left in RRE custody. Vehicles will not be released until full payments are verified. RRE offers vehicle transport for any vehicles purchased at a RRE dismantler or public auction. Check with the local facility manager for transport rates. The vehicle storage fee will be waived if buyer elects to employ RRE for transport. Only original purchaser or representative with authorization letter and valid photo identification will be permitted to remove vehicles from sale area.

7. 10% Buyer's premium, tax, title, license, and a $95 administration fee will be added to bid amount on any/all applicable vehicles purchased.

8. ALL DECISIONS MADE BY THE AUCTIONEER ARE FINAL!!!

Some lots may be offered with a "reserve" which is the minimum price below which the lot will not be sold. DAG may act to protect the reserve by bidding through the auctioneer. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the consignor. The auctioneers may continue to bid on behalf of the consignor up to the amount of the reserve, either by placing bids in response to other bidders or by placing consecutive bids. In no event will the reserve exceed the low estimate

I certify that I am not (1) under the age of 18; (2) an employee or agent of Rod Robertson Enterprises or their family members; (3) any employee of the Department of Treasury/Homeland Security, City of El Paso, EZ Corporation, Pima County or an employee of any department or agency of the Federal Government prohibited by the regulations of that agency from purchasing property sold hereunder or their immediate family members prohibited from bidding on property/merchandise by policy, regulation, statute or contract; (4) a Rod Robertson Enterprises subcontractor/vendor, their agents and employees who have access to information concerning the property to be sold at a U.S. Customs and Border Protection, City of El Paso, EZ Corporation, Pima County auction that is not generally available to the public; (5) presently debarred or declared ineligible for the award of contracts by any Federal, state or county agency in accordance with 41 CFR 101-45.6; (6) or the party or representing the party(s) from whom the property was seized. Rod Robertson Enterprises subcontractors further may not act as agent for a third party in purchasing U.S. Customs and Border Protection, City of El Paso, EZ Corporation, Pima County property/merchandise that is or has been in their custody or control. For breach of this warranty, Rod Robertson Enterprises shall have the right to cancel any purchase contract without liability. Further, I agree that should I be named the successful bidder on a lot my registered name, lot number, lot description and winning bid amount will be published on the U.S. Department of Treasury auction website. Electronic Freedom of Information Act Amendments of 1996 (5 U.S.C. 552 (2000).
If any illegal controlled substances and/or contraband is discovered in a seized and forfeited vehicle(s) purchased at this sale, the buyer must immediately secure the vehicle(s) and contact Rod Robertson Enterprises. Sole ownership of vehicle(s) has been LEGALLY FORFEITED to the U.S. Government, City of El Paso, EZ Corporation, Pima County in accordance with the laws of the United States of America. The U.S. Government, is the “LAWFUL SOLE-OWNER” of the vehicle(s), and has the lawful right to dispose of it (them). Any and all previous ownership, registration, lien or encumbrance, or title to this property is NULL and VOID, and license plates previously attached to this vehicle have been DESTROYED. I understand that RRE recommends all registered bidders to research the status of DMV registration fees prior to purchasing a vehicle of interest. I further agree upon purchasing any property it will be my responsibility to comply with any local, state, or federal regulations or laws as applicable for the items purchased. Further, I agree that I am solely responsible for any applicable past due DMV registration fees for any/all vehicles I purchase.

All terms & conditions apply for any government, municipality or commercial entity contracted by all divisions of Rod Robertson Enterprises,Inc. I agree that by registering & submitting my deposit I have read and agree to the published terms and conditions.Failure to comply will result in automatic forfeiture of ALL deposited funds and cancellation of ALL purchases.
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TERMS & CONDITIONS FOR CBP VEHICLES
1. GENERAL INFORMATION:
The placement of a successful bid at a U.S. Department of Homeland Security auction establishes a legally binding contract between the successful high bidder and U.S. Customs and Border Protection (CBP). The auctioneer’s announcement of the high bid amount and the bidder’s number establishes the contract which may be subject to final acceptance by the Government. This contract is bound by these Terms and Conditions as well as special terms and conditions published by the Contractor for the specific auction and other Federal regulations governing contracts for the purchase of government property. The successful bidder is legally bound to pay for property awarded in accordance with his/her bid.
The contractor, Rod Robertson Enterprises, Inc., is acting as the agent of the Government with respect to the sale of Government property.
2. ELIGIBILITY OF BIDDERS:
The Bidder warrants that he/she is not:
(a) Under 18 years of age;
(b) An employee of any department or agency of the Federal Government prohibited by the regulations of that agency from purchasing property sold hereunder;
(c) An agent or immediate member of the household of the employee in (b), above;
(d) The contractor, subcontractor or vendor, their agent or employee who has access to information concerning the property to be sold at U.S. Department of the Homeland Security /CBP auctions that is not generally available to the public;
(e) Presently debarred or declared ineligible for the award of contracts by any Federal agency in accordance with 41 CFR 102-38.170;
(f) Or the party or representing the party(s) from whom the property was seized.
The contractor's subcontractor may not act as agent for a third party in purchasing U.S. Department of Homeland Security/CBP property/merchandise that is or has been in their custody or control. For breach of any of these warranties, the government shall have the right to cancel the contract without liability.
3. REGISTRATION OF BIDDERS:
All persons wishing to participate in the bidding process of the sale are required to obtain, completely fill out, and turn in a bidder registration card at the sale site prior to sale.
An individual’s signature/initials on the bidder registration card is an acknowledgment of his/her full and complete understanding of all terms and conditions of the sales contract and his/her agreement to be bound thereby. The sales catalog and sales brochure may also contain terms and conditions constituting part of the sales contract. Each bidder must present a Government-issued photo ID as a prerequisite of registration (i.e. driver’s license, military ID or passport).
Each bidder will be issued a bidder number along with a sales catalog upon completion of registration. Each registered bidder is solely responsible for the use of his/her bidder number and any use by another person is presumed to be with the consent of and contractually binding on the registered bidder.
The registrant agrees that, should the registrant be the successful bidder on a lot, the following information regarding the transaction shall be published on the Rod Robertson’s auction website
1). The lot number;
2). The lot description; and,
3). Purchase price of lot.
Electronic Freedom of Information Act Amendments of 1996 (5 U.S.C. 552 (2000).
INTERNET REGISTRATION OF BIDDERS:
All prospective buyers are required to register prior to the Auction, or prior to bidding. You must log on through our website at www.robertsonauto.com and complete the required information and follow all required steps to complete the registration process.
4. VIDEO RECORDING/AUDIO RECORDING:
The contractor (Rod Robertson Enterprises, Inc.) may videotape and/or audio record the conduct of sale, which may be utilized in dispute resolution processing and for other purposes as needed.
5. INSPECTION OF PROPERTY/ MERCHANDISE:
The bidder is invited, urged, and cautioned to inspect the property/merchandise prior to submitting a bid. The failure to inspect property/merchandise shall not constitute cause for cancellation of sale and no allowance, refunds or set aside will be made on account of any incorrectness, error in cataloging, imperfections, defect or damage. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. It is hereby warned that bidders should not bid on the basis of photography alone. The property or a representative sample of property will be available for inspection at the places and times specified by the contractor. Absolutely no access to property/merchandise is allowed without prior contractor authorization. The buyer agrees to rely on his personal inspection of the items in the auction. Rod Robertson’s Auto Auctions (Rod Robertson Enterprises, Inc.) is not responsible for the quality or condition or risk of loss: the buyer assumes full responsibility and assumes risk of liability insurance on all items as required by law. Every person at the sale site (and other areas where the property is located or displayed) at all times shall be there at their own risk with notice of the conditions of the premises, the activities on the premises, potential conditions of the premises and the conduct of third parties and buyer shall so advise his agents and employees. No person shall have any claim against the Auctioneer, their agents, employees or principals for any injuries sustained or death to any person or persons whomsoever nor for damages to or loss of property which may occur from any cause whatsoever. No un-attended children are permitted on the auction yard. Children must be accompanied by an adult at all times while on any of our live auction premises.
6. ORAL STATEMENTS AND MODIFICATIONS:
Announcements may be made on the day of the sale to clarify property/merchandise status, catalog descriptions, or other information specific to a lot or item. These announcements take precedence over sales catalog information pertinent to that property/merchandise, but do not alter in any way the basic terms and conditions of sale. An errata sheet will be distributed to provide bidders with an up-to-date posting of lot additions, deletions, or modifications. The errata sheet information replaces the applicable corresponding information in the sales catalog.
Further, no interpretation of any provision of the sale contract, including applicable performance requirements, shall be binding on the Government unless furnished or agreed to, in writing, by the Contracting Officer.
7. ADDITION/WITHDRAWAL OF PROPERTY/ MERCHANDISE:
The Government reserves the right to withdraw from sale any of the items listed in the sales catalog/brochure or to sell at auction items not listed.
8. CONDITIONS:
(a) Vehicles are auctioned As-Is, Where-Is (with all faults), WITHOUT WARRANTY OR GUARANTEE, either expressed or implied, as to age, year of manufacture, make, model, condition or any other specification. Descriptions of vehicles, either written or oral, are furnished as a guide only. No guarantee as to the accuracy of description is made. Some vehicles may have salvage only titles. Salvage only title and export only vehicles, when known, are announced. Absence of mention of salvage only title or export only vehicle does not constitute any warranty or guarantee.
(b) This auction is conducted WITH RESERVE. The U.S. Customs and Border Protection reserves the right to approve the final transfer of property to the successful bidder, even after the auctioneer states, “SOLD”.
(c) The U.S. Customs/Border Protection reserves the right to add/delete vehicles to/from the auction at any time.
(d) Each registered bidder is solely responsible for the use of his or her bidder number and any use by another person is presumed to be with the consent of and contractually binding on the registered bidder.
(e) Surrender of the issued bidder number is authority to refund the cash deposit. Security of the bidder number is solely the responsibility of the registered bidder.
(f) Practices that eliminate the competition, such as collusive bidding, may warrant criminal, civil, or administrative action against the participant and referred to the Department of Justice.
9. OFFERING OF PROPERTY/MERCHANDISE FOR AUCTION AND SUBMISSION OF BIDS AND AWARD:
(a) The auctioneer will offer each item/lot in accordance with catalog sequence or by special announcement. All bidders will communicate their bid amounts orally or by such other means as may be recognized by and acceptable to the auctioneer.
(b) A lot will be sold to the highest bidder upon acceptance of the final bid amount by the Government. In the event the bidding does not exceed the Government's minimum reserve price, the auctioneer will close the bidding subject to acceptance by the Government.
For open and progressive voice auction sales, it is the bidder's responsibility to pay attention to items being offered for sale and to bid on those items in which he/she is interested.
(c) In the event of a dispute as to the amount bid, item or item number, and/or paddle number of the Bidder, the Government reserves the right to re-offer the item in question. Once the Government accepts a bid, a contract is established and the Purchaser may not withdraw the bid. The auctioneer will not accept unilateral conditions asserted by the high bidder.
(d) The invoice, as to the name and number of the Purchaser, and the amount of the bid shall be prima facie evidence of these facts of the sale, and all disagreements will be resolved in accordance with such records.
10. COLLUSION:
Practices that eliminate competition, such as collusive bidding, may warrant criminal, civil, or administrative action against the participant(s) and may be referred to the Department of Justice in accordance with 41 CFR 102-38.50.
11. CONSIDERATION OF BIDS:
The Government reserves the right to reject any or all bids, and to waive any technical defects in bids. All property/merchandise is sold with a minimum reserve price unless the goods are, in explicit terms, offered without a minimum reserve price. If the minimum reserve price is not achieved, the Government may withdraw the goods at any time until the completion of sale.
12. FORMS OF PAYMENT:
Forms of payment are cash, (at the public auction location itself only), cashier's check (payable to the auction company), and wire transfer with the auction sales number as reference . Final payments are all due no later than 1:00 p.m. central standard time the following day if not completed at the actual public auction the day of the sale. Photo identification of the registered bidder must be presented to initiate the payment process. Payment for each lot must be made by the successful registered bidder for that specific lot. Cashier's Checks must be made payable to Rod Robertson Enterprises, Inc. Personal or business checks, bank letters, or letters of credit are not acceptable.
The auction sales number must be noted on the transaction for verification purposes along with the lot purchased. Wire transfer instructions can be obtained by emailing auctionpayments@rodrobertson.com.
All cash payments of $10,000 or more will be reported to the IRS in accordance with 26 USC 6050 Section I (d). In order to comply with this requirement, bidder must provide their Social Security Number or Federal ID number if a business, along with date of birth at the time of payment in order for completion of IRS Form 8300.
The Purchaser agrees to the publication of his/her/company registered name, lot number, lot description and purchase price on the Rod Robertson’s auction website (Electronic Freedom of Information Act Amendments of 1996 (5 U.S.C. 552 (2000)).
13. DEPOSITS:
The Purchaser agrees to make deposits in accordance with the instructions in the sales catalog/brochure. These requirements are to pay a refundable deposit to obtain a bidder number in the public and/or online auction sale. The Purchaser agrees to pay for property awarded to him/her in accordance with their successful bid. This deposit cannot be used for payment of the vehicles. This deposit will be forfeited to the U.S. Customs and Border Protection if the successful bidder fails to pay for the purchase.
14. FINAL PAYMENT:
The Contractor must receive full payment of the purchase price within the time specified in the sales catalog/brochure and prior to the release of any property/merchandise.
All final payments must be made and received by the date and time specified in the sales catalog/brochure or the bidder will be placed in default of the contract.
The Purchaser agrees to the publication of his/her/company registered name, lot number, lot description and purchase price on the Rod Robertson’s auction website. Electronic Freedom of Information Act Amendments of 1996 (5 U.S.C. 552 (2000).
15. APPLICABLE TAXES:
All purchasers are responsible for the payment of any and all applicable taxes imposed by any state, country, county, or political subdivision.
The Purchaser may be required to pay such taxes to the cashiers at time of sale or to tax officials after purchase is made. If sales taxes are required, presentation of proof of payment will be required prior to property/merchandise release.
16. ISSUANCE OF PAYMENT/RELEASE DOCUMENTATION:
Upon receipt of full and final payment for each purchase, the Contractor shall provide the Purchaser with a receipt of each deposit or payment. Sale receipt(s) and release documents will only be issued in the name/company name of the registered bidder.
17. PREPARATION FOR SHIPMENT, LOADING AND REMOVAL:
(a) The Purchaser is responsible for making all arrangements for the packaging and removal of their purchases. When property is described in the sales catalog as being boxed, packed, crated, skidded, or in containers, the Government does not warrant that the property, as packaged, is suitable for shipment. Segregation, culling, or selection of property for the purpose of effecting partial or incremental release will not be permitted. No partial release will be permitted. The Purchaser shall remove the property at his/her expense.
(b) All Purchasers or their authorized representatives will be required to present sale receipt(s) and release document(s) prior to the initiation of any shipment preparations. If a Purchaser designates a representative agent, broker or transporter to pick up their sale property, the Purchaser must prepare and sign an authorization letter identifying the agent to act on their behalf. The Agent must present photo identification to validate the Purchaser’s option prior to initiation of any action.
18. REMOVAL FROM SALES CENTERS OR COMMERCIAL STORAGE LOCATIONS:
Any items purchased at auction will be released to the Purchaser or his designated representative upon presentation of the sale receipt(s) and release document(s). If Purchaser elects to have a designated representative (transporter, broker, other) pick up his/her property, that person must have all sale receipt(s) and release document(s) and an authorization letter signed by the Purchaser for removal.
All property stored at Rod Robertson Enterprises, Inc., facilities must be removed by the dates specified in the sales catalog/brochure; no extensions of storage time will be granted. The failure to pick up property/merchandise by the specified time will be declared a default against the Purchaser as specified in paragraph 22.
All property stored at commercial warehouse facilities must also be picked up by the time specified in the sales catalog/brochure and an appointment should be scheduled in advance. The failure to pick up property/merchandise by the specified time will be declared a default against the Purchaser as specified in paragraph 22.
Security for purchases is the responsibility of the Buyer and begins immediately upon the purchase of each lot. Removal is at the expense, liability and risk of the Buyer. RRE and our Auctioneer shall not be responsible for goods not removed within the specified time period. RRE and our Auctioneer shall not be responsible for non-delivery or for any other matter or thing to any purchaser of any lot, in any event.
19. REMOVAL OF EXPORT ONLY:
Any property/merchandise listed in the sales catalog "For Export Only" may not be entered into the commerce of the United States and must be exported under conditions described in the sales catalog/brochure. A representative sample from large, commercial quantity “Export Only” lots (greater than ten cartons) may be released to the Purchaser upon full payment if the sample is available at the sales center.
All Purchasers are responsible for complying with all applicable federal licensing and permit regulations prior to exportation. The failure of the purchaser to obtain necessary licensing will not result in the return of any monies tendered for the goods.
The Contractor shall provide a copy of the required procedures for export, when available from the Government, to the Purchaser at the time of final payment. Unless a different period for removal is applicable with respect to goods or conveyances that are sold "For Export Only," the purchaser will have 30 days from auction day to remove the property/merchandise from the United States or purchaser will be deemed in default and the property/merchandise will be resold by the Government as provided in paragraph 22 of these Terms and Conditions of Sale.
Presentation of exportation documents will also be required prior to release. These documents include the CBP Form 7512, Transportation Entry and Manifest of Goods Subject to CBP Inspection and Permit, or a CBP Form 214, Application for Foreign- Trade Zone (FTZ) and/or Status Designation, for the subject property to be exported. The Contractor will offer no assistance whatsoever.
All forms required for exportation may be obtained at a nominal cost from the local U.S. Customs and Border Protection office. Because of the complexity of some export requirements, the purchaser may wish to secure the services of a Customhouse Broker, bonded carrier, or other professional in securing the necessary documents required for exportation.
20. LIMITATION OF GOVERNMENT LIABILITY:
Except for reasonable packing, loading, and transportation costs (such packing, loading, and transportation costs being recoverable only when a return of property at the Governments cost is specifically authorized in writing by the Contracting Officer or other costs authorized in writing by the Contracting Officer) the measure of the liability of the Government under any provisions of the terms and conditions in any case where liability of the Government to the Purchaser has been established shall not exceed the refund of such portion of the purchase price as the Government may have received.
21. TITLE:
The Contractor shall furnish the Purchaser with all documents in its possession that have been provided to the Contractor by the government relating to the title, registration, or licensing of the property sold to the purchaser. However, the Government does not warrant or guarantee that the documents it possesses and furnishes to the purchaser, if any, are sufficient to obtain any necessary licenses, registrations or titles, or that licenses, registrations or titles can be obtained.
22. DEFAULTS:
The failure to make required deposit or final payments and/or comply with the time frames specified in the sales catalog/brochure for removal of property/merchandise shall be deemed forfeiture of any rights, title, and interest the Purchaser may have acquired. The title of such property/merchandise shall revert back to the Government without further notice to the Purchaser and will result in any monies paid being forfeited. The transaction shall be null and void as to the Purchaser. The property/merchandise will be processed for resale at the next available auction.
23. REQUIREMENTS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS:
It is the Purchaser’s responsibility to ascertain and comply with all applicable Federal, State, local, and multi-jurisdictional laws, ordinances and regulations pertaining to the registration, licensing, handling, possession, transportation, transfer, export, processing, manufacture, sale, use, or disposal of the property listed in the sales catalog.
The Purchaser or user of this property is not excused from any violation of such laws or regulations either because the United States is a party to this sale or has had any interest in the property at any time.
24. FALSE ADVERTISING AND UNFAIR OR DECEPTIVE ACTIONS:
The use of false or misleading advertisements in commerce or other unfair or deceptive practices are unlawful (15 U.S.C. 45, et seq.). In disposing of any property purchased from the Government, purchasers should exercise extreme caution in preparing advertisements to ensure that they do not violate applicable Federal, state or foreign government laws.
25. DISPUTES:
Any contract resulting from this offering is subject to the Contract Disputes Act of 1978, Public Law 95-563. The current "Dispute" clause found in 48 CFR 52.233-1 is hereby incorporated by reference. All requests for refunds or adjustments should be directed to:
Rod Robertson Enterprises Inc.
1802 NW Military Highway
Suite 100
San Antonio, TX 78213-2422
Any disputes, which cannot be resolved by the contractor, may be directed to:
Contracting Officer
U.S. Customs and Border Protection
Office of Procurement, Suite 1310
1300 Pennsylvania Avenue, NW
Washington, D.C. 20229