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Terms of Sale
Conditions of Sale
Vehicle Disclosures
Frame Damage Policies
Odometer Policies
Arbitration Guidelines
Time Limitations
Security Policies
Terms of Sale
1. All buyers and sellers must be registered with Auction before transacting business. Transactions are solely between buyer and seller, no third party representation is
made or intended.
2. All transactions must clear through office.
3. All vehicles purchased must be paid for on day of sale or will be subject to late
payment fees. Methods of payment are cash, cashiers check or company check.
Company checks are accepted only when a letter of credit is on file and/or upon
pre-approval of Auction Administration and at the sole discretion of the Auction.
4. Purchaser grants a security interest in vehicle to the Auction until paid in good funds.
Bill of Sale grants Auction a purchase money security interest in the vehicle to secure
payment and authorizes Auction to file a security agreement as a financing statement.
5. All titles submitted by seller must be in seller’s name. Open titles are not acceptable.
6. The Auction will not pay the seller until the purchaser has approved and/or paid for
the purchase.
7. The Auction does not guarantee factory or third party warranties.
8. The Auction does not guarantee mileage, model, year, frame or block of any boat,
motorcycle, and non-vehicle or specialty unit.
9. The Auction has not verified and makes no representations or guarantees as to
the description, equipment, warranties or odometer of any vehicle sold or offered
for sale. The purchaser assumes the responsibility to verify all of the sellers’
representations, warranties and descriptions and to notify the Auction Arbitration
Department in case of any discrepancy on day of sale.
10. Vehicles registered for Auction shall have adequate fuel. If fuel is added by Auction
for transporting vehicle, the seller shall be charged $3.00 per gallon, minimum 2
gallons.
11. All information that is placed on windshield or other areas of the vehicle by the
Auction is for convenience and reference purposes only and is not a representation,
warranty, or condition of sale. Information on windshield is not subject to
arbitration.
12. The seller is responsible to verify information on windshield such as year, model,
mileage, equipment, etc.
13. IF sales are conditional sales pending seller approval, buyer is bound by the contract
unless a rejection is made by the seller or until 2:00PM the following business day.
14. Due to the number of IF sales that must be processed, the buyer is obligated to check on the status of the sale. Lack of notification on any accepted bid is not grounds for arbitration or cancellation.
15. A buyer is not bound by the original bid if the seller counters that original bid.
16. The auction will not accept the following vehicles for sale; units with altered or
missing VIN plates (unless reassigned by the proper authorities), unsafe vehicles as
determined by the Auction Arbitration Department, vehicles that have salvage titles,
salvage vehicles, vehicles that do not meet U.S. Standards, vehicles that do not have
clear U.S. Titles.
17. All decisions of Auction Administration are final and binding.
18. The Auction Administration reserves the right to interpret all policies and to decide
all issues of dispute.
19. The Auction reserves the right to refuse service to anyone or any organization.
Conditions of Sale
All vehicles are sold one of two ways, and will be disclosed at the time of sale. In
addition the following light system will be used for the appropriate announced condition.
1. Seller Guarantee (yellow light)
This is a representation by the seller that the vehicle has a power train free of
major defects (block, crankshaft, transmission, clutch and rear end). Pistons,
heads, valves and camshafts (i.e. engine misfire, smoking, overheating,
cam/valve train noise) are not guaranteed under any circumstances.
2. AS-IS (red light)
The vehicle is sold without any vehicle guarantee of any kind. Seller guarantees a
clear title only. Certain classes of vehicles are sold AS-IS only, they include:
1. All repossessions (REPOS) unless disclosed/announced otherwise.
2. Frame, Flood, or fire damaged vehicles.
3. Vehicles over 100,000 miles regardless of model year, unless disclosed/
announced otherwise.
4. Any vehicle disclosed/announced TMU-True Mileage Unknown or with a
broken or replaced odometer.
5. Push or tow units including frame damage.
6. Salvage, prior salvage, or rebuilt vehicles
7. All boats, boat motors, motor homes, RV’s, motorcycles, jet skis, dune buggies,
kit cars, campers, buses, tractors, and any specialty unit.
8. All commercial vehicles, such as police, taxi, municipal, government vehicles.
9. Any transaction consummated off the block is an AS-IS sale and totally exempt
from all Auction guarantees and is not subject to arbitration for any reason.
All vehicles selling for $1,000 or less are automatically sold AS-IS regardless of the condition announcement of the seller. No arbitration is allowed for mileage or
odometer discrepancies, airbags, frame damage,
Vehicle Disclosures/Announcements
In addition to the Condition of Sale disclosure/announcement, the following selling disclosures/announcements must be made at the time of sale. These disclosures must be made and recorded on the Auction ticket. Seller has the full responsibility to verify ticket information when signing. The Auction assumes no responsibility for representations made directly from seller to buyer.
Required Announcements:
1. All frame, flood, or fire damage to a vehicle. (Possible frame, flood, or fire damage is not acceptable as disclosure at Auction).
2. Major damage history, lemon law and factory buy-backs.
3. Lowered vehicles must be disclosed, but are not subject to frame damage guarantees if damage is only the result of lowering the vehicle.
4. Previous salvage, or rebuilt title on vehicles.
5. All commercial, government or municipal vehicles.
6. Vehicles with five (5) digit odometer readings in excess of its mechanical limits. See Odometer Policies.
7. True Mileage Unknown (TMU) vehicles, odometer not working, replaced, unreadable, or inaccurate. See Odometer Policies.
8. All engine fuel conversions (diesel to gas, gas to diesel) on vehicles within 5 years of current model year.
9. Paintwork on current model year vehicles.
10. Emission Control System removed on 1975 or newer vehicles.
11. Air Bags removed, deployed or missing. Air Bag light is not arbitratible.
12. Reassigned Vehicle Identification Numbers.
13. Vehicles not originally manufactured for the United States.
Note: Vehicles not originally manufactured for U.S. markets, which are in total conformance with federal safety and emission standards, and are clearly labeled as such on the date of manufacture, are exempt from this disclosure/announcement. See Auction Arbitration Department for details.
Frame Damage Policies
In general the Auction follows the National Auto Auction Association (NAAA) recommended structural damage policies. The seller must disclose structural damage, repairs, or replacement prior to selling a vehicle at Auction.
Acceptable declarations are:
1. Structural Damage: The vehicle has structural damage and/or repairs and will not be subject to arbitration for such damage.
2. Certified Structural Repairs: The vehicle has sustained damage to a specifically identified structural component, which has been repaired, and the vehicle has been certified to be within the Used Vehicle Measurement Standard (UVMS). The vehicle, if properly disclosed/announced, may be arbitrated only for improper repair of the designated area, existing damage or repairs to other areas, or failure to be within the UVMS.
3. Structural Alteration: The vehicle has an altered frame or unibody as specifically announced. The vehicle can be arbitrated only for damage or repairs to structural components other than those disclosed or in the event of improper alteration. Such a disclosure should be made for the following alterations, unless they are clearly obvious by the appearance of the vehicle:
1. Frame lengthened or shortened.
2. Suspension altered.
3. After-market accessories installed/removed.
Note: No disclosure is required for properly installed towing packages, trailer hitches, or bumpers, even when welded to the frame.
No declaration will be required for existing insignificant damage or repair thereof. Examples of insignificant damage which may not be arbitrated include:
1. Frame damage from normal use which does not affect the structural integrity of the vehicle, such as scratches, scrapes, clamp marks, etc.
2. Minor damage due to transport tie-down, improper jacking or lifting, or contact with parking abutments and/or road debris, provided that the vehicle is within the UVMS.
3. Damage solely to glass or bolt-on components.
4. Core support damage not affecting integrity.
5. Damage to front shock towers on unitized bodies not affecting integrity.
A vehicle may be arbitrated if it has undisclosed existing or repaired frame damage, which should have been disclosed under this policy, even though the vehicle is within UVMS.
Major damage on vehicles must be announced and will be considered frame damage for purposes of arbitration, when the structural integrity of the vehicle is in question, even if specific damage to the frame is not evident. The Auction Arbitration Manager is the final authority on major damage.
In situations where an expense is incurred during arbitration, such as frame measurements or other outside expertise, the cost will be charged to the seller if the arbitration is upheld or to the buyer if arbitration is rejected.
For further guidelines refer to the National Auto Auction Association Frame Damage disclosure and arbitration, http://www.naaa.com/.
If seller fails to make the proper disclosures and the vehicle is returned because of non-compliance of the vehicle disclosures/announcements the seller must pay all Auction fees, including buyers fee and transportation fees on the returned vehicle, as specified under the reimbursement policy.
Odometer Mileage Policies
1. Vehicles over 10 model years old are sold mileage exempt unless specifically disclosed otherwise.
2. Vehicles with Not Actual Miles (True Mileage Unknown) requires an announcement by the seller or vehicle is subject to arbitration.
3. Vehicles with five (5) digit odometer readings in excess of its mechanical limits must be disclosed.
4. Vehicles sold for $1000 or less will not be arbitrated for any mileage issues for any reason.
5. Federal law does not require an Odometer Disclosure Statement – Section 580.5 on vehicles exceeding 10 years of age. However the Auction requires a current odometer reading for record purposes.
6. Federal law mandates that any alteration of mileage on the title also requires odometer statements as backups.
7. Odometer discrepancies carry a two (2) day guarantee.
Arbitration Guidelines
Buyers are encouraged to inspect vehicles prior to the sale and well in advance to purchasing vehicles. Buyers are responsible to ensure that they are aware of the price the auctioneer is offering, the sale price of a vehicle is not subject to arbitration. Buyers should put any vehicle that they deem misrepresented into arbitration immediately.
All guarantees set forth in the handbook are guarantees of the seller, not the Auction; however the Auction provides arbitration services under certain circumstances to resolve disputes between sellers and buyers.
Salvage or major damage history vehicles, when announced as such, may only be arbitrated for odometer discrepancies.
Reimbursement Policy:
Reimbursement to purchaser shall be limited to reasonable transportation expenses only, not to exceed $200.00. Auction buyer fee, seller fee and transportation are the responsibility of the seller. The decision of the Auction Arbitration Department will be final.
Time Limitations
1. IF-Conditional Sales: are binding until confirmed with seller or the following business day at 2:00PM.
2. Arbitration Condition of Sale: Purchasers have one (1) hour to inspect and arbitrate a vehicle based on condition of sale. Specific exceptions are listed below.
3. Odometers: Odometers carry a two (2) day guarantee. Mileage will be verified using the Auction check-in mileage.
4. Cracked Blocks: Undisclosed cracked blocks have a two (2) day guarantee, and must be reported to the Auction Arbitration Department as soon as possible.
5. Air Bags: Undisclosed removed, deployed, and missing airbags have a two (2) day guarantee.
6. Emission Control System: Undisclosed removed Emission Control Systems on 1975 and newer vehicles have a two (2) day guarantee.
7. Flood or Fire Damage: Undisclosed flood or fire damage (not readily visible) have a two (2) day guarantee and must be reported to the Auction Arbitration Department immediately.
8. Frame Damage: Undisclosed frame damage, repaired or not, are subject to a two (2) day guarantee.
9. Fuel Conversions: Undisclosed fuel conversions on vehicles within 5 years of current model year (current year is year one) have a two (2) day guarantee.
10. Title Absent Sales: Title does not accompany vehicle. Seller has 21 days to produce a clear title. Purchaser is cautioned:
1. Not to spend any monies on vehicle.
2. Not to put excessive mileage on vehicle.
3. Not to damage vehicle.
4. Not to sell vehicle until title is received.
After 21 days the purchaser’s option is to return the vehicle or to wait an additional period of time for the title.
Return Vehicle Procedure:
1. In the event that the purchaser wishes to return the vehicle after 21 days purchaser must make arrangements with Auction Title Department 24 hours prior to returning the vehicle. If a purchaser calls to arrange for return of a vehicle and the Auction has received or mailed title, purchaser must keep vehicle.
2. After notification of purchaser returning vehicle is received by the Auction Title Department the necessary documentation will be forwarded to the Auction Arbitration Department which will arrange for the return of the vehicle and complete the required vehicle condition report and accompanying documents required for returned vehicle.
The Auction Arbitration Department has the right to refuse the return of any vehicle it feels has excessive mileage and/or damage. In the event a purchaser arranges for the return of a vehicle and the vehicle is not returned in the specified time the return arrangements will be cancelled with the Auction Arbitration Department and the sale will be reinstated.
There is NO RECOURSE after time limitations have expired.
Security Policies>
For the safety of Auction personnel and customers the Auction reserves the right to perform periodic security checks. These random security checks include personal property, not limited to handbags and briefcases.
1. The Auction reserves the right to perform periodic security checks to protect vehicles from theft, tampering and vandalism. This inspection may include random checks including trunk and passenger compartments.
2. Vehicles not exported from Auction after six (6) days are subject to applicable storage fees.
3. All vehicles must present a Gate Pass when leaving the secured lot, and are subject to inspection, including trunk and passenger compartments.
4. Claims for lot damage on vehicles must be presented prior to vehicle leaving the secured lot. In no case will claims be considered after vehicle has left the secured lot.
5. The Auction is not responsible for unauthorized personnel on the premises.
6. Keys must be with all vehicles in the secured lot. If keys must be made, the vehicle owner will be responsible for all charges.
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