1. In consideration of being granted access to participate in sales conducted by Dealers Auto Auction Group, LLC or the local constituent auction facilities shown on the home page of this website or by trade dress at their location (“Auction”), and other good and valuable consideration, receipt and sufficiency acknowledged, each person or entity transacting business at an Auction location (each designated as a "Dealer”) and Auction agree that the following policies and procedures shall apply to all persons transacting business with or visiting an Auction location.
2. Dealer recognizes, acknowledges, and agrees that Auction is not the seller of any vehicle for any purpose. Auction is not the transferor required to give the Federal Odometer Mileage Statement in connection with any sale as contemplated by the Motor Vehicle Information and Cost Savings Act, as amended, or similar laws. Only the Seller identified on the Bill of Sale is the transferor or seller as contemplated by participants at the Auction or such laws.
3. All sales conducted through Auction are subject to such Rules or Policies as may be published by or at the Auction location or online at marketplace.dealersauto.com or as may be published by the National Auto Auction Association (“NAAA”). Any claim or dispute between Dealer and Auction and any dispute between Dealer and another customer or consigner of Auction relating to a vehicle registered for sale at an Auction or for or an event occurring at the Auction, shall be resolved by binding Arbitration. Arbitration shall occur pursuant to the NAAA Arbitration Policy or, for matters not directly addressed in that document, by arbitration to occur in the county of the Auction. For disputes not directly address by the NAAA Arbitration Policy, the parties agree that disputes shall be resolved by binding arbitration conducted by at least one attorney mutually agreed upon by the parties. If the parties cannot agree upon a single, neutral, attorney arbitrator, the dispute shall be resolved by a panel of 3 arbitrators comprised as follows: Auction shall select one (1) arbitrator, Dealer shall select one (1) arbitrator, and those arbitrators shall select the third arbitrator.
4. Dealer shall appoint Auction with a limited Power of Attorney to empower Auction to assist Dealer with the purchase, sale, and/or transportation of vehicles. Except for gross negligence on the part of the Auction, Dealer shall indemnify, hold harmless, and defend the Auction against all claims, loss, damage, expense, and attorney fees that the Auction may sustain by reason of relying upon or acting pursuant to such Power of Attorney.
5. Dealer assumes all risks of loss, liability, and/or damage incident to or arising out of participation in any auction and for any vehicle left on the Auctions’ premises and Dealer shall provide insurance against such loss, liability, or damage. The Auction disclaims al liability, in tort, contract, or otherwise.
6. Participant’s Release and Waiver of Liability/Assumption of Risk and Indemnity Agreement: Dealer acknowledges that because of the unpredictable nature of motorized vehicles and the potential dangers of Auction personnel and others driving vehicles consigned on or within the possession of Auction, in a densely-populated pedestrian area, there are inherent and assumed risks when attending an auto auction that may cause serious injury, and in some cases death. Acknowledging these facts, Dealer shall indemnify Auction for any claims of injury or death made by Dealer, its Authorized Agents, or their successors, heirs, guests, or officers.
7. The Dealer agrees that Auction makes no representation as to the worthiness of any vehicle unless designated in writing. All vehicles are sold “As-Is” and with all faults, unless otherwise announced.
8. The Dealer may be required to repurchase/”buy back” any vehicle that the Auction deems warranted. The decision of Auction shall be final in all repurchase/buy back disputes.
9. With respect to each and every vehicle offered for sale at Auction, Dealer represents that:
a) Vehicles not originally manufactured for sale in the United States will not be sold, unless approved by Auction Management, declared, and announced;
b) Dealer will fully and accurately disclose and be responsible for the description, known defects, and mileage representations of the vehicle;
c) Dealer is the true and lawful owner of the vehicle;
d) Dealer has good and right power to sell the vehicle;
e) Without exception, title is free and clear of all encumbrances and other defects. Dealer will hold the Auction and any purchaser harmless from any loss, liability, or expense including, but not limited to, attorneys’ fees, relating to any defect in title;
f) Dealer will deliver a valid title to the Auction, as its agent, within thirty (30) days from any sale;
g) Auction shall be paid for its services whether a sale is consummated on the date of auction or within seven (7) days after the vehicle is removed from consignment.
11. With respect to each and every vehicle purchased by Dealer, Dealer agrees that:
a) The Auction does not inspect vehicles delivered to it for sale; rather, the seller is responsible for all representations of description, condition, and mileage and for disclosure statements relating to the vehicle;
b) Dealer will pay the Auction the purchase price of the vehicle by valid draft, check, or cash (as requested by the Auction) immediately upon tender of good title thereto. Dealers failure to pay upon tender of title shall entitle, but not oblige, Auction to dispose of such vehicle through a subsequent sale and Dealer shall pay Auction for all costs of collection, loss on resale, and any other expense, damage, or loss Auction may sustain, including reasonable attorneys’ fees;
c) Title and ownership of the vehicle shall remain in the seller until any payment for same has been honored and paid in full;
d) For any transaction facilitated by Auction which is conducted through OVE.com, the "Sale Day" contemplated by the NAAA Arbitration Policies shall be that day and time when Auction issues a Purchase Detail notification to the parties via electronic mail. For any OVE.com transaction facilitated by Auction, the seller shall not release a vehicle without an Auction issued Online Auction Gate Pass. All risk of loss or damage to a vehicle remains with the seller until an Online Auction Gate Pass is issued by Auction.
12. Dealer shall honor payment of any check or draft. Dealer will not, under any circumstances, stop payment on a check or draft without the advance written approval of an authorized representative of Auction; then if approved, Dealer will return the vehicle and Dealer's expense to the Auction. Dealer further agrees to hold the Auction harmless for and indemnify the Auction against any loss as a result of a check or draft of Dealer being dishonored by the bank upon which it is drawn.
13. Dealer hereby authorizes the Auction to investigate Dealer's (including its Principals), credit history with banks and other financial institutions with which Dealer does business and agrees to execute any documents required by any such bank or financial institution to release financial information to the Auction.
14. The amount of the Auction's liability to Dealer for any claims arising from or related to their relationship shall never exceed to total of fees paid by Dealer to Auction for the six months preceding the event giving rise to any particular claim.
15. Any action brought for claims arising from or related to the parties’ relationship shall be commenced within one (1) year of the event or alleged breach giving rise to same.
16. Auction makes no guaranty against defects in the vehicle or its title; all representations about the condition or quality or validity of the vehicle or its title are those of the seller.
17. Dealer shall inspect every vehicle upon which Dealer bids and shall make all determinations as to whether the vehicle possesses the features desirable to Dealer.
18. This relationship between the parties may be terminated by either party with or without cause, by delivering written notice of same to the other, but the parties’ obligations for events or transactions occurring prior to written notice of termination shall survive termination.
19. Auction has permission to use my phone number, including a cell phone number, to contact me to let me know about business and/or other marketing opportunities.
a) If I do not want to receive future telephone marketing calls, I will contact Auction at firstname.lastname@example.org or call 601-956-2700 ext. 121 or provide written notice to Auction that I do not wish to receive marketing calls.
20. Auction has permission to photograph me and post that photograph to its website or social media outlets (Facebook, Twitter, Instagram, Snapchat, etc.) and may use my likeness in its marketing materials.
a) If I do not want my name or likeness to be used by DAAG, I will contact DAAG at email@example.com or call 601-956-2700 ext. 121 or provide written notice to Auction that I do not wish to for my name or likeness to be used in social media.
21. The relationship between Dealer and Auction shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to principles of conflicts of laws.
22. Severability and Enforcement. In the event that any provision of these policies and procedures becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, the remaining policies and procedures shall continue in full force and effect without such provision; provided that no such severability shall be effective if it materially changes the economic benefit of these policies and procedures this Agreement to any party. The parties hereto agree that irreparable damage for which money damages would not be an adequate remedy would occur in the event that any provision of these policies and procedures are not performed in accordance with its specific terms or was otherwise breached. It is accordingly agreed that, in addition to any other remedies a party may have at law or equity, the parties shall be entitled to seek an injunction or injunctions to prevent such breach of these policies and procedures and to enforce specifically the terms hereof.
23. No Strict Construction. Notwithstanding the fact that these policies and procedures have been drafted or prepared by one of the parties, each of the parties confirms that both it and its counsel have reviewed, negotiated and adopted this Agreement as the joint agreement and understanding of the parties, and the language used in this Agreement shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction shall be applied against any party. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguity in this Agreement against the party that drafted it has no application and is expressly waived by each party.
24. Attorneys’ Fees. Should any party hereto institute any action or proceeding in court or otherwise to enforce or interpret these policies and procedures by reason of or with respect to an alleged breach of any provision hereof, the prevailing party shall be entitled to receive from the non-prevailing party such amount as the court may judge to be reasonable attorneys’ and paralegals’ fees for the services rendered to the prevailing party in such action or proceeding, plus the prevailing party’s costs and expenses therein, regardless of whether such action or proceeding is prosecuted to judgment.
25. Waiver of Jury Trial. Each of the parties waives any right it may have to trial by jury in respect of any litigation based on, arising out of, under or in connection with this Agreement or any course of conduct, course of dealing, verbal or written statement or action of any party.