The TopBids Inc. highly advanced, enterprise-class, auto auction software system is available for purchase!
TopBids Inc. was carefully curated for over 3 years, with extensive innovative development and comprehensive beta testing. The platform can be fully customized to your automotive business needs.
If you are a single dealership or a dealer group, using this platform will save you time and money. You can now control the market for your used vehicles and run auctions from any place, any time, anywhere. The platform can be run hourly, daily, weekly, monthly, or however your dealership, or dealer group chooses to operate.
Payment processing, whether it is “bank to bank”, or credit card transactions, the system has a highly efficient and safe payment process built right into the software.
TopBids is a turn-key e-commerce operation and a ready to perform digital auto auction.
Thank you for your time and consideration in purchasing this platform.
For more information regarding this great opportunity for your automotive business, please contact Dave Welsh.
President and CEO
Terms & Conditions
Effective February 1st, 2021
Allow us to introduce ourselves. We’re TopBids, a fast-growing Canadian auto auction company fuelled by 35 years of industry experience. By using our online platform at TopBids.ca (mobile or desktop), you agree, for yourself, your dealership, your company, and your representatives (collectively, "you"), to abide by the following terms and conditions, as amended from time to time by TopBids:
- “TopBids”: These terms and conditions govern your use of websites, mobile sites, online tools, and other service delivery channels made available by TopBids and its various subsidiaries and affiliates, (collectively, "TopBids," "we," "our," or "us"). These terms and conditions are in addition to, and not in lieu of, any more specific agreements you may have or make with TopBids (e.g., sales invoices, consignment agreements, online visitor agreements, privacy policies etc.).
- Accuracy of Information: You certify that all registration and representative information you have provided to us, via AuctionACCESS and otherwise, is true, correct, and complete. If any information changes over time, you agree to immediately update the provided information.
- Fairness and Courtesy: You agree to behave in a fair, ethical, courteous, and civil manner in your interactions with us, our personnel, and our other customers while participating in any TopBids auction, when accessing our online and mobile sites. Should you have issues or concerns with the behavior of our personnel or other customers using our platform that cannot be resolved privately, can involve TopBids management team.
- Bidding: Unless announced otherwise during the sale, all units are sold with reserve, and the auctioneer may bid up to the reserve. Seller bidding and use of shills are strictly prohibited. Bidders should remain aware and satisfy themselves as to a unit‘s condition and value before bidding and bring any incidents of improper bidding to management’s attention immediately at the close of bidding on a unit. Otherwise, participants ratify the auction of the unit.
- Terms of Sale: You agree to the following terms of sale for each vehicle you buy or sell through TopBids ("Vehicle"), as well as the TopBids Arbitration Policies (see Arbitration Policy).
- Seller Responsibilities:
- All representations, warranties and other guaranties as stated by the Seller are those of the Seller only and not TopBids.
- Seller will be held responsible for the accuracy and completeness of all representations or descriptions. This includes a valid CARFAX report for all listings, handouts, catalogues, vehicle markings, condition information or vehicle listings and verbal or written statements made by Seller, Auction, Auctioneer or Selling Representative at the time of sale. The Seller understands that the sale light/video display is a binding arbitration representation of vehicle condition and is therefore responsible for ensuring that their vehicles sell under the correct light in the lane.
- Mileage announcements are required for all vehicles that are sold through TopBids auction. Some vehicles may be deemed exempt from provincial/federal odometer and title disclosure laws unless a mileage discrepancy is known or apparent to the Seller. The Seller may represent miles on exempt vehicles; any disclosures made by the Seller and all known odometer discrepancies are grounds for arbitration.
- If a vehicle is being offered for sale by a third party, an announcement of “3rd Party Seller” is required. Disclosure requirements and time limits are subject to local auction policy (with TopBids discretion, we may refuse any 3rd party seller).
- Announcements are required as stated in this policy, and additionally under provincial/federal statutes or regulations. Announcements must be disclosed on the auction invoice/sale contract/bill of sale or equivalent document in a physical or online auction environment.
- The availability of a manufacturer’s warranty shall not affect a Buyer’s right to arbitrate a vehicle. Regardless of the warranty coverage in terms of the root cause of the complaint, an announcement may be required.
- Buyer Responsibilities:
- Prior to placing bids, the Buyer is responsible for reviewing any verbal or written announcements and disclosures made by the Seller. Buyers are also responsible for reviewing all pertinent information available online, including, but not limited to, announcements, disclosures, condition reports, pictures and online listings. Buyers are also responsible for observing and understanding the sale lights (Green, Red), which identify various sale conditions for the vehicle. Once the vehicle is sold, the Buyer should check the Auction sales receipt or appropriate document to confirm the vehicle price, disclosures and announcements are correct before legibly printing and signing their name or digitally/electronically signing the Auction sales receipt or appropriate document.
- The auction will not arbitrate vehicles based on any unintentional errors or omissions of any promotional information related to the vehicle.
- Buyer agrees to be liable for any and all work done to a vehicle (including a vehicle purchased as unavailable or absent) prior to returning the vehicle to Auction except on vehicles arbitrated for undisclosed conditions not detectable through vehicle inspection, including but not limited to, not actual miles, salvage, theft recovery, stolen vehicle, flood damage, Lemon Law buybacks and trade assist.
- The Buyer is financially responsible for any pending sale and assumes all risk of loss until arbitration is final.
- The Buyer or Buyer’s agent (transporter or driver) must note any damage on the gate release prior to removing the vehicle from the Auction or facilitation service provider’s location. Auction and/or facilitation service provider will not be responsible for any damage not identified on the gate release or the condition report once the vehicle is removed from the location.
- Buyer purchases must be picked up within 48 hours (local) and 7 days (out of town) once the funds have been received and the vehicle is cleared for transport.
- The Buyer shall not surrender possession of the vehicle to any claimant, except as required by legal process, nor shall Buyer voluntarily pay or acknowledge the validity of any claim, without the prior approval of Auction. Time is of the essence. Any failure on the part of the Buyer, after becoming aware of said claim, to notify Auction of any claim in a timely manner or failure of the Buyer to cooperate in defending any such claim shall relieve Auction and seller of any liability under this policy.
- A vehicle is not considered returned until received, inspected and approved for return by Auction management. Any vehicle returned must be in the same or better condition as when sold. Any vehicles delivered to and left on Auction premises without Auction approval remain the sole responsibility of the Buyer. Buyer assumes all risk of loss. Vehicle must be returned in a timely manner consistent with Auction direction.
- There may be a charge for excessive mileage on a returned vehicle at the discretion of the Auction.
- Vehicle Arbitration Rules: You agree and acknowledge that you’ve read the TopBids Arbitration Policy and promise to act in coherence with the terms.
- Payments: Payments for goods or services must be made by the registered customer purchasing those goods. Although we retain the discretion to make appropriate exceptions, other third party payments generally will not be accepted. Payments must be made in good funds and in a form acceptable to TopBids. TopBids reserves the right, in its sole discretion, to change the forms and types of payment that are accepted by TopBids. In addition to any other rights TopBids may have, you agree to pay a late fee of two percent (2%) on any unpaid obligations to TopBids, subject to a $10 minimum and $200 maximum on any payment not received by us in full, on time, and otherwise in accordance with these Terms and Conditions. You further agree that, if any electronic debit or check or draft we present on your bank account is returned unpaid, you will pay a service charge of up to $100.00. TopBids may waive these fees in its sole discretion.
- Liens: It is the Sellers’ responsibility to provide a vehicle that is cleared of all liens and encumbrances. Sellers must arrange for the release of liens and/or provide a lien release letter from all secured parties within 2 business days of being marked arrived and prior to payment by the buying dealer. Vehicles that cannot be picked up by the Buyer due to lack of lien release may have the arbitration period extended accordingly.
- Electronic Payment Authorization: You agree that, if you designate a bank account for payment of amounts you owe us, including, but not limited to, by adding a bank account to your online profile, we may use such account information to initiate EFT entries to your bank account, including debit entries for amounts you owe us from time to time as such amounts become due, credit entries for amounts we owe you, and debit or credit entries in any amount necessary to correct an error. You understand that other than account information we routinely make available to you online, we will not provide any notice to you prior to initiating entries and that you are responsible for ensuring that your account balance is sufficient to cover debits for amounts you owe us. You agree that any authorizations we initiate to your bank account must comply with applicable law and EFT Operating Rules. This authorization is in addition to, and does not terminate or alter, any other authorization for electronic payments (including EFT authorizations) that we have on file or that you provide us in the future.
- Electronic Signatures: You acknowledge and agree that you and we may find it expedient to utilize electronic signature(s), acknowledgement(s), consent(s), "click through(s)," or other approval(s), direct or indirect, for access to auctions, bills of sale, receipts, titles, and other documents or disclosures necessary or incidental to the transaction of business at TopBids, whether online, over the phone or in emails, which makes your business with us easier, faster, and more efficient. To that end, you agree that any such forms of approval from you shall be effective and binding upon you, in the same manner as a handwritten signature, where circumstances indicate your intent to be bound and/or we choose to rely on such approval(s), and may be documented by us, in our discretion, on paper or digital versions of such records, by printing your name, noting “signature on file,” or using any other similar convention. Regardless of whether your consent or approval was given, or in what form, you agree that you will be deemed to have ratified any transaction with or through us that you do not dispute in writing within 24 hours of confirmation by TopBids.
- Transportation of Vehicles: In the event that we may transport or arrange transportation of vehicles belonging to you at your request, we are not liable for theft, conversion, loss, injuries, damage, claims, expenses (including legal fees), suits, or demands related to such vehicles (collectively, "Transportation Claims"), howsoever caused and to whomever caused. Such vehicles are being transported for you and at your request, and you assume all risks associated with the transportation of your vehicles. You further acknowledge and agree that your only claim or remedy for Transportation Claims, if any, shall be to and against the third-party carrier, its insurer, your own insurer, or the third-party that caused the alleged damage, and not to, against, or involving TopBids.
- Representatives: You are responsible for all activities that occur on your account(s) with us. You are bound by the actions of, and transactions entered into by, your actual and appointed representatives, including (i) all persons who, from time to time, submit a completed Individual Authorization Letter to TopBids; and (ii) any other person authorized by you in writing, verbally, or otherwise to represent you at or with TopBids. You are responsible for monitoring your appointed representatives and protecting the privacy of your username, login information, and agree to inform us immediately, in writing, of any unauthorized use of same. If you are logging in as a representative for a dealership other than your own, you agree that you are a duly appointed and authorized representative for that dealership and have authority to bind that dealership to any actions or transactions you conduct.
- Doing Business: You have no obligation to do business with us. Likewise, you agree and acknowledge that we have no obligation to do business with you. We are an affiliated private business; we reserve the right to cease doing business with you or anyone else, at any time, for any reason or no reason, in our sole discretion, collectively or separately among our affiliates; and you shall have no right, remedy, or cause of action for same.
- Proprietary Rights: You agree and acknowledge that TopBids services, and any software used in connection with TopBids products and services, and the materials on the various TopBids websites, contain proprietary and confidential information that is protected by intellectual property and other laws. Further, you agree and acknowledge that in the performance of its services, TopBids may generate materials, including, but not limited to, photographs, reports, visuals, narratives, vehicle and transactional records, and other data and documents derived from the foregoing, and that TopBids shall own the rights to such materials. Except as explicitly provided in these terms and conditions, you may not take, appropriate, convert, distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the TopBids generated materials.
- Limited Power of Attorney: For value received, you hereby irrevocably appoint TopBids to be your agent and attorney-in-fact with full and complete authority to, on your behalf, take all steps, do all things, and authenticate, sign, e-sign, or otherwise acknowledge any and all documents, including but not limited to odometer disclosure statements, title documents (including applications for duplicates), bills of sale, invoices, and transportation instructions/orders, in each case as deemed necessary, incidental, desirable, or expedient by us, in our sole judgment, for any purchase or sale of a Vehicle made under these Terms and Conditions, for the provision of any goods and/or services under these Terms and Conditions, and/or to assist us with our efforts to collect payment for such goods and/or services. You acknowledge that you will be required to execute such valid power of attorney document(s) covering the foregoing activities and authority as TopBids may request from time to time in its sole discretion. For greater certainty, where any applicable jurisdiction requires a valid power of attorney to be effected in writing, in the presence of a witness, and/or imposes any other requirements, you hereby covenant to do such acts as required to appoint TopBids as your power of attorney.
- DISCLAIMER: UNLESS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN A MORE SPECIFIC AGREEMENT YOU MAY HAVE OR MAKE WITH TopBids, ALL PRODUCTS AND SERVICES PROVIDED TO YOU BY TopBids ARE ON AN "AS-IS" BASIS. TopBids CANNOT AND DOES NOT MAKE ANY WARRANTIES OR CONDITIONS RELATING TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRODUCTS OR SERVICES PROVIDED TO YOU BY TopBids, AND CANNOT GUARANTEE THAT ANY SERVICES PROVIDED TO YOU WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT SUCH SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- INDEMNIFICATION: YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TopBids, ITS SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, REPRESENTATIVES, BORROWED SERVANTS, VOLUNTEERS, INDEPENDENT CONTRACTORS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DEMANDS, CAUSES OF ACTION, DEBTS, OR LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO:
- THE BREACH OR ALLEGED BREACH OF ANY AGREEMENT OR OBLIGATION HEREUNDER OR UNDER ANY OTHER AGREEMENT THAT YOU MAY HAVE WITH TopBids;
- ANY TRANSPORTATION CLAIMS;
- ANY ACTIONS THAT A TopBids PARTY MAY TAKE AS YOUR AGENT, REPRESENTATIVE, OR ATTORNEY-IN-FACT, PURSUANT TO SECTION 20 HEREOF OR OTHERWISE;
- YOUR USE OF ANY SERVICES OF TopBids;
- WAIVER AND RELEASE OF LIABILITY: YOU HEREBY WAIVE ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE, EITHER NOW OR IN THE FUTURE, AGAINST ANY TopBids PARTY, AND HEREBY RELEASE THE TopBids PARTIES FROM ANY AND ALL LIABILITY UNDER SUCH CLAIM OR CAUSE OF ACTION, IN EACH CASE TO THE EXTENT SUCH CLAIM OR CAUSE OF ACTION ARISES FROM OR RELATES TO:
- YOUR ENTITLEMENT TO THE PROTECTION OF ANY CONSUMER PROTECTION STATUTE;
- ANY BIDDING OR DISCLOSURE ISSUES THAT MAY OCCUR AT A SALE OR AUCTION CONDUCTED BY US, SUBJECT TO YOUR LIMITED RIGHTS UNDER THE TopBids ARBITRATION POLICIES;
- ANY TRANSPORTATION CLAIM;
- ANY DAMAGE TO YOUR VEHICLES OR OTHER PROPERTY LEFT OR STORED ON ANY PREMISES OWNED OR OPERATED BY TopBids, REGARDLESS OF COMPENSATION PAID TO US FOR SUCH STORAGE;
- ANY PERSONAL INJURY OR OTHER PROPERTY DAMAGE SUFFERED WHILE ON OR AROUND ANY PREMISES OWNED OR OPERATED BY TopBids; A TopBids PARTY AS YOUR AGENT, REPRESENTATIVE, OR ATTORNEY-IN-FACT, PURSUANT TO SECTION 20 HEREOF OR AS MAY OTHERWISE BE AUTHORIZED.
- LIMITATIONS OF LIABILITY AND TIME: UNDER NO CIRCUMSTANCES WILL THE TopBids PARTIES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS), OR DAMAGES FOR LOSS OF BUSINESS, OR LEGAL FEES OR COSTS, EVEN IF ONE OR MORE OF THE TopBids PARTIES ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE TopBids PARTIES, COLLECTIVELY, TO YOU IN CONNECTION WITH ANY CLAIMS OR CAUSES OF ACTION THAT YOU MAY ASSERT, SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY YOU TO TopBids SERVICE(S) AT ISSUE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE LAST EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION BEING ASSERTED. BECAUSE SOME PROVINCES/JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU FURTHER AGREE THAT ANY CLAIMS OR CAUSES OF ACTION THAT YOU ASSERT AGAINST THE TopBids PARTIES MUST BE FILED OR OTHERWISE FORMALLY COMMENCED IN THE RELEVANT FORUM WITHIN TWELVE (12) MONTHS OF THE LAST EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION BEING ASSERTED, OR WITHIN THE TIME REMAINING UNDER THE APPLICABLE STATUTES OF LIMITATION – WHICHEVER TIME PERIOD IS SHORTER – AND THAT ANY CLAIMS OR CAUSES OF ACTION NOT FILED OR COMMENCED WITHIN SUCH PERIOD WILL BE FOREVER BARRED.
- CONSENT TO JURISDICTION: These terms and conditions shall be governed by the internal laws of the province of Alberta, Canada), where TopBids maintains its headquarters. In the event that any claim or dispute between TopBids and you is not arbitrated under Section 26 hereof, you agree that non-exclusive jurisdiction and venue for such claims and disputes shall exist in the federal and provincial courts. You further agree and acknowledge that you may not sue TopBids in any jurisdiction or venue except Edmonton, Alberta.
- DISPUTE RESOLUTION & ARBITRATION AGREEMENT: YOU AGREE TO ARBITRATE ANY DISPUTE OR CLAIM THAT YOU MAY HAVE WITH TopBids THAT ARISES OUT OF OR RELATES IN ANY WAY TO THESE TERMS AND CONDITIONS; ANY PURCHASE, SALE, OR OTHER AUCTION OR CREDIT TRANSACTION WITH TopBids; YOUR USE OF ANY TopBids WEBSITE, ONLINE PORTAL, OR ANY TopBids SERVICE; OR ANY OTHER AGREEMENT BETWEEN YOU AND TopBids. ARBITRATION CONDUCTED HEREUNDER SHALL BE FINAL AND BINDING. THIS ARBITRATION PROVISION MEANS THAT YOUR CLAIMS AGAINST TopBids WILL BE RESOLVED THROUGH ARBITRATION RATHER THAN LITIGATION IN COURT. YOU ACKNOWLEDGE THAT TopBids MAY (BUT SHALL NOT BE REQUIRED TO) SUBMIT TO ARBITRATION ANY DISPUTE OR CLAIM THAT IT MAY HAVE AGAINST YOU, WITH ANY SUCH ARBITRATION BEING GOVERNED BY THE PROVISIONS OF THIS SECTION 26.
- Individual Guaranty: By entering our private facilities and/or using our services, you personally guarantee full payment and performance of all the obligations you participate in incurring to TopBids, whether personally or as a representative of another entity, despite the fact that you may be participating in a representative capacity. The principal debtor is (i) any Buyer or Seller for whom you consent to a TopBids bill(s) of sale, and (ii) any customer for whom you order a product or service from us. Liability under this general guaranty is in addition to your dealership‘s liability and is joint and several with the dealership's liability. This is a general guaranty of payment and performance and not merely a guaranty of collection.
- Communications: Except where prohibited by law, you hereby expressly authorize us to communicate with you via email, telephonic transmissions, both to a residential telephone line and/or cell phone, including text messaging, using an automatic telephone dialing system or an artificial or pre-recorded voice message, and/or any other forms of communication, for any purpose, including general business matters, account information, marketing materials, collection, and/or any other communication needs. Such express permission shall extend to any and all of the contact information that you have provided to us herein or otherwise, including physical and email addresses, phone numbers, fax numbers, etc., and to such other addresses, phone numbers, email addresses, online chat, social media platforms, etc. that you may provide to us, or that we may obtain from any third party at a later date. You are not required to consent to receive marketing calls and texts to your cell phone and/or residential line using an automatic telephone dialing system or an artificial or prerecorded voice message from us as a condition of your access to TopBids, and you may opt out of receiving such communications by adjusting your account settings at TopBids.ca.
- Understanding of Terms and Conditions: You acknowledge and agree that you understand these terms and conditions written in English and that you have sought the help of an attorney and/or translator as you deem necessary to understand them. The Parties hereto agree that this agreement, and all correspondence and all documentation relating to this agreement, be written in the English language. Any translated version of any of these terms and conditions offered by TopBids is provided as a courtesy only, with the English version being the binding version.
Electronic Approval: You hereby acknowledge and agree that these terms and conditions are being executed both in your individual capacity and in your capacity as an authorized representative for Dealer and that the approval of this document, if by e-signature, shall be deemed to satisfy all requirements imposed on electronic or digital signatures under applicable federal and provincial law.