PEAK AUTO AUCTION TERMS AND CONDITIONS
SPECIAL TERMS: CALIFORNIA
* All vehicles sold by the Seller are sold pursuant to CA Civil Code § 3071 and § 3072.
* Buyer is responsible for all DMV fees, penalties, and past due registrations.
* Payments can be made in CASH or Credit Card (with valid matching ID).
* There will be a 13.5% Buyers Premium (BP) ADDED to the purchase price of each vehicle. Buyers must pay for their purchases prior to the close of the pickup period. NO CHECKS.
* All emission control equipment (smog) related repairs and certifications are the sole responsibility of the buyer.
* Removal will be at the dates and times listed in the auction information section.
* Due to space constraints, the number of tow trucks or trailers permitted entry into the lot may be
restricted.
ADDITIONAL TERMS: THINGS TO KNOW BEFORE ATTENDING THIS VEHICLE AUCTION
1. Abandoned vehicle auctions are held online at PeakAutoAuctions.com. Auctions will run
for approximately 1 week, according to the dates and times listed in the Auction Information Section.
2. There is NO parking in the tow yard.
3. 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.
BIDDERS ARE EXPECTED TO VISUALLY INSPECT EACH VEHICLE BEFORE BIDDING.
4. 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 per vehicle or the resale or disposal of your vehicle.
5. This is a Cash or Credit card sale ONLY. NO CHECKS!
6. No persons under the age of 18 may not be present in the auction yard before, during or after the
auction. Please do not leave children under the age of 10 outside without adult supervision.
7. Some vehicles are marked “Rebuilt From Salvage” or other banded titles on the Bills of Sales. The
auctioneer will announce whether a vehicle has been designated with a branded title prior to selling the
vehicle. You will sign a document at the time of pick up acknowledging that you are aware of this. Some
vehicles are sold as Parts Only “Junk” or “Bill of Sale Only”, and no title will ever be issued. This
information will be announced within the online vehicle description.
8. Most vehicles will be sold on a bill of sale. However, some vehicles will be sold WITH TITLE. Vehicles
with TITLE will be subject to sales tax, to be paid at time of the auction. Sales tax will be calculated
including the buyers premium.
9. Removal will be at the dates and times listed during the Auction Information Section. Due to space constraints, only a few tow trucks or trailers may be permitted in the lot at any given time.
10. All items found within the vehicle are the property of the buyer. You must take all the contents of
the vehicle you’ve purchased with you. Nothing is to be left behind, including trash, parts, or any vehicle
contents.
11. 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.
12. Vehicles purchased at this auction shall be pushed, pulled or towed from the tow yard over the gate
unless the buyer has a dealer plate attached to the vehicle. No overhauling or mechanical work is to be
done in the tow yard.
13. 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.
14. 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.
15. 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.
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Peak Auto Auctions – Terms & Conditions – CALIFORNIA - NOV 17, 2022
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