PLEASE READ CAREFULLY
Policies Procedures & Arbitration Rules
1. Please have all your units on the premises as
early as possible. Units must be represented accurately and fairly.
Unsafe vehicles will be towed across the auction block.
2. No vehicle will be offered for sale without the
VIN plate attached in the designated area or a state reassigned VIN. The
auction reserves the right to refuse the sale of any
vehicle in
which the VIN plate appears altered in any way. Such vehicles may be
subject to seizure.
3. NO
RETAIL CUSTOMERS ALLOWED. You must be a licensed and registered
dealer to buy or sell. Please do not bring children to the auction.
4. All consigned vehicles must be offered for sale
on the block prior to leaving the auction premises.
5 .All transactions must be cleared through the
office.
6. All vehicles are consigned at the owner’s risk.
The auction is NOT Liable for theft or damage to any vehicle left at the
auction, including
damage from fire, hail or flood. Sellers are
advised to remove personal property from their vehicles prior to
checking in the vehicle.
7. Any car sold with a float, the day of the sale
is day one.
8. Auction Management reserves the right to refuse
service to anyone.
9. Sellers must not offer for sale any vehicle that
does not comply with current Federal and State regulations.
10. Sellers must not offer for sale any European
Conversion (gray market) vehicles.
11. ALL WARRANTIES & REPRESENTATIONS, (E.G. RIDE &
DRIVE) ARE THOSE OF THE SELLER ONLY. THE AUCTION MAKES NO WARRANTIES
IMPLIED OR
EXPRESSED.
12. THIS AUCTION IS NOT A PARTY TO THE CONTRACT OF
SALE, WHICH IS BETWEEN THE SELLER AND BUYER ONLY.
THIS AUCTION IS NOT THE
TRANSFERROR
REQUIRED TO GIVE THE FEDERAL ODOMETER MILEAGE STATEMENT IN CORRECTION
WITH ANY SALE/
AUCTION WITHIN THE
CONTEMPLATION
OF THE MOTOR VEHICLE INFORMATION COST SAVINGS ACT OF 1972, AS AMMENDED,
OR SIMILAR LAWS: THE SELLER IS THE
TRANSFERROR
WITHIN THE CONTEMPLATION OF SUCH LAWS.
13. SELLER IS RESPONSIBLE FOR ENSURING THAT
VEHICLES SOLD WITH CO’S, MSO’S, OR AFFIDAVITS ARE VALID IN BUYING
DEALER’S SOLD BY MSO ARE
NOT SUBJECT
TO ARBITRATION.
Payment
14. Buyers must pay for all purchases on the DAY OF
SALE. Method of payment is subject to auction approval. “CASH ONLY”
customers must pay for units prior to
obtaining a
gate pass.
15. Unless a buyer has obtained prior written
approval from the Auction, all units must be paid for on sale day.
16. All returned checks or drafts will be charged a
$50.00 returned check fee.
IF Sales
17. All conditional sales (“IF’S”) are binding on
the buyer until 4pm on Thursday or end of Business Day on Tuesday. It is
the buyers responsibility to verify sale with the “IF”
office.
18. For all conditional sales, the auction reserves
the right to sell any unit if the bid is within $200.00 of the seller’s
floor price.
Announcements
19. Selling Descriptions: “light systems”
GREEN LIGHT: “RIDE AND DRIVE”-Vehicle is
mechanically “sound” within $400.00 of any mechanical defects.
YELLOW LIGHT: “CAUTION”-Vehicle is
mechanically “sound” within $400.00 of any mechanical defects except for
announced defects.
RED LIGHT: “AS IS”-Sold without warranty or
guarantee of any kind including year.
20. Vehicles must be sold “AS IS” (i.e. red light):
A. Flood damage vehicles.
B. Boats
C. Recreational vehicles
D. Motorcycles
E. Trailers
F. Salvage or rebuilt title vehicles
G. Equipment (e.g. farm equipment)
H. Rebuilt vehicles
21. Regardless of an “AS IS” selling description
(see 24 for exceptions)) the seller must ensure that the following
conditions are announced at the block prior to unit being
offered.
Failure to make such announcements may result in arbitration and
possible turndown:
A.
Police Cars
B.
Taxi cabs
C.
Municipal cars
D.
Not actual miles or in
excess of mechanical limits (vehicles 10 years or older, are exempt from
making this announcement)
E.
Kit cars
F.
Frame damage or frame
repairs
G.
Diesel engine/conversions
H.
Flood damage
I.
Hail damages
J.
Missing emission systems
K.
Vehicle possessing
reassigned public VIN’s
L.
CO’s, MSO’s must be
announced
M.
Vehicles (current &
previous year models) not equipped with air conditioning
N.
Salvage or rebuilt
vehicles
O.
Missing or inoperable
airbag
22. Any Vehicle selling for $1500 and under is sold
AS IS regardless of any announcement on the block.
23. IF AN “AS IS” VEHICLE SELLS, THE UNIT CAN ONLY
BE ARBITRATED FOR UNDISCLOSED SALVAGE HISTORY OR ODOMETER DISCREPANCIES.
24. It is the seller’s responsibility to ensure the
year model and odometer information contained on the bill of sale is
accurate before signing the bill of sale at the block. The
auction
accepts no responsibility for ensuring that all announcements are made
at the block. Failure to do so may result in the unit being arbitrated.
Arbitration
Important:
Test drives are done “off-site”. Thoroughly check and test-drive every
“ride & drive car before settlement. If there is any problem,a
proper complaint must be filed with the arbitration office no later than
4 pm on Thursday, or by the close of the sale Tuesday. The unit
must not leave the premises (other than for a test drive) prior to
arbitration.
IN NO CASE WILL ANY ITEM BE
ARBITRATED AFTER 7 DAYS EXCEPT ODOMETERS AND SALVAGE TITLES.
THE FOLLOWING CANNOT BE ARBITRATED
A.
Electrical equipment
B.
“Service Soon” or “Check
Engine” lights
C.
Inoperable Air
Conditioning
D.
“AS IS” vehicles
(exception: odometer and salvage)
E.
Visible items such as body
work, paint work
F.
Tires
G.
Upholstery
H.
Glass
I.
Radios
J.
Other items which would
reasonably be discovered on a pre-purchase inspection of the vehicle.
K.
ABS lights
L.
Air Bag Lights
25.
If a seller misrepresents a vehicle that is turned down, the seller will
be responsible for all auction charges that include both the buyer
seller fees.
26.
Undisclosed frame damage/repairs, flood damage or undisclosed rebuilt
units must be arbitrated within (7) days of purchase. Day of sale is
one.
27.
Arbitration manager’s decision shall be final in all disputes.
28.
The auction tape records all sales to facilitate with arbitration.
29.
All “title attached” or “title delay” sales must be announced at the
block
30.
If the title is not produced within 30 calendar days beginning with the
day of the sale, the buyer is permitted to cancel the sale after 24 hour
notice.
31.
Buyers are cautioned not to sell or spend money on “title attached”
vehicles until the title is received.
32.
After the 30th day, if the seller presents title and is paid
prior to the buyer notifying the auction of rejection, the buyer will be
required to keep the vehicle.
33.
CO’s, MSO’s and Repo affidavit titles must be announced at the block.
Odometers
34. Anyone selling an automobile at the auction
with a tampered odometer is liable for that vehicle, whether they are
directly or indirectly involved.
Those who are directly
involved will
be permanently barred.
35. Sellers are required to make proper
announcements at the block concerning a vehicle’s odometer status, as
required by Federal & State Laws.
36. Any information written on the windshield is
for goodwill only. The seller should verify accuracy from the block.
Discrepancies could possibly lead to a turndown.
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