Auction Terms & Conditions TERMS AND CONDITIONS:
All items are in UNKNOWN WORKING CONDITION with UNKNOWN MILEAGE and are sold AS IS, WHERE IS with NO WARRANTIES implied or expressed. NO EXCEPTIONS. ITEM PREVIEW IS HIGHLY RECOMMENDED AND BIDDING WITHOUT PREVIEWING IS STRONGLY DISCOURAGED.
Milelage on all vehicles are unknown unless otherwise stated.
Payments can be made in CASH or Credit Card (with valid matching ID). NO CHECKS. There will be a 13.5% Buyer's Premium ADDED to the purchase price of each vehicle. Buyers must pay for their purchases prior to the close of the pickup period. NO CHECKS.
ADDITIONAL TERMS: THINGS TO KNOW BEFORE ATTENDING THIS VEHICLE AUCTION
1. All paperwork MUST be made out in the company name exactly as it appears on the winning bidder's online account. If no company name is provided, then it will be listed in the individual name exactly as it appears on the winning bidder's online account. No changes to paperwork will be allowed. No exceptions! VEHICLE REGISTRATION IN DALLAS COUNTY IS HIGHLY RECOMMENDED! You as the buyer have the right to register your vehicle in the county you purchased it in. Vehicles marked with FOR PARTS ONLY, NON-REPAIRABLE, SALVAGE or NO TITLE are subject to standard cannot be titled through local tax offices. NOTE: State law requires all vehicles be titled within 30 days of receiving vehicle paperwork (includes Storage Lien Packets, Title). Once 30 days have passed, the seller will no longer be able to help you obtain a title. Please apply for title with the State using your provided paperwork before this time period expires!
2. Updating your online account information AFTER the item closes will not update your title paperwork information. All title paperwork will appear exactly like it is on your invoice. No changes to paperwork will be allowed. No exceptions!
3. REMOVAL TERMS STRICTLY ENFORCED! All items must be picked up within the time frame listed in the auction description, or the winning buyer will be charged a per day storage fee of $22.34 per day over. If items purchased are not removed within the time frame listed in the auction listing, the buyer FORFEITS ALL MONIES PAID and the property REVERTS to the Seller with NO RECOURSE. ALL VEHICLES must be towed from the Seller's premises at the winning bidder's expense by a TXDOT certified wrecker. Buyers are NOT allowed to work on vehicles on the Seller's property.
4. Disposing of unwanted materials off of or from auctioned vehicles onto the seller's property WILL NOT BE TOLERATED. Anyone caught doing so will be permanently banning from all Live and Online auctions conducted by Peak Auto Auctions. The Seller's staff will not be responsible for the loading or jumping of auctioned vehicles. There will be no tow dollies or uncertified tow trucks allowed on the Seller's property. If you need the vehicle moved out to put on a dollies then the Seller MAY be available move it out for an additional charge. Removal is at the winning bidder's expense.
5. Individuals without a valid ID will not be able to remove items from the lot. Written authorization must be provided to allow a person other than the buyer to pick up auctioned items.
6. AS-IS SALE - ALL PROPERTY SOLD "AS IS," "WHERE IS," AND "WITH ALL FAULTS." ALL PROPERTY IS BEING OFFERED AND SOLD IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY, AND HAVE NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY AUCTIONEER OR THE SELLER, OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING. BY BIDDING, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND THAT YOU ARE RELYING SOLELY ON, OR THAT YOU HAVE WAIVED, SUCH INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.
7. The pre-auction credit card authorization is a "good faith" deposit assuring that you will pay for all of the vehicles that you purchased in the bid process. If you fail to pay for the vehicle or vehicles you purchased in the bid process, that is a breach of contract and you may be subject to liquidated damages of up to $200 for the resale or disposal of your vehicle.
8. Although all buyers are responsible for the security of all vehicles they purchase in the auction immediately upon the fall of the hammer, ownership of the vehicle will not transfer until payment has been received in full into our bank account.
9. This auction takes place in an active tow yard, with moving vehicles. Auction preview periods and vehicle pickups are held outdoors in all weather conditions on a gravel lot, which may be muddy, snowy, slippery, rainy, hot, etc. Please dress appropriately for the weather condition. You are entering this yard at your own risk and peril. Please be extremely careful and aware of what is going on around you for everyone's safety. The wearing of safety vests inside the tow yard is highly encouraged.
10. CHARGEBACK POLICY - As a condition to registration and bidding, bidders agree to the following: (i) that they will not, under any circumstances, initiate a credit card chargeback, and (ii) agree that they are waiving any chargeback rights that may exist under the agreement between the bidder and the bidder's credit card company, and (iii) he bidders agree that, should a chargeback be initiated, the bidder terms and conditions will be conclusive evidence of the bidder's waiver of any chargeback rights. If a bidder launches a chargeback claim, even if ruled as successful, the buyer remains liable for the purchase price (including any buyer's premium), plus costs of collection and attorneys' fees. This policy is an inducement to the auctioneer for the privilege of registration and bidding.
11. JURISDICTION - Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement shall be brought against either of the parties in the courts of the State of Colorado, County of Denver, or, if it has or can acquire jurisdiction, in the United States District Court for the District of Colorado, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on either party anywhere in the world.
Please contact Matt at: matt@peakautoauctions.com for more information and preview/removal questions.
Peak Auto Auctions - Terms & Conditions - Texas 07/20/2022
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