Auction Terms & Conditions Auction Terms & Conditions PEAK AUTO AUCTION TERMS AND CONDITIONS
SPECIAL TERMS: WYATTS TOWING - SURPLUS TRUCKS
* All surplus tow trucks will be sold with clean/clear titles unless otherwise noted in the item description.
* Payments can be made in CASH or Credit Card (with valid matching ID).
* There will be a 6% Buyer's Premium ADDED to the purchase price of each vehicle. The Buyer's Premium will be capped at a maximum value of $1500 PER UNIT PURCHASED. Buyers must pay for their purchases prior to the close of the pickup period. NO CHECKS UNLESS PRIOR AUTHORIZATION IS OBTAINED.
* Removal will be the Monday after the auction concludes.
* If you plan to finance any or all of your purchase, please contact us at 720-232-2304 prior to auction close.
ADDITIONAL TERMS: THINGS TO KNOW BEFORE ATTENDING THIS VEHICLE AUCTION
1. The tow trucks will be available to preview M-F from 10AM-4PM at Cars Direct LLC. 5126 Brighton Blvd Denver. No appointment is necessary if you come within the alloted times.
2. 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.
3. 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.
4. This is a Cash or Credit card sale ONLY. NO CHECKS UNLESS AUTHORIZED PRIOR TO AUCTION CLOSE.
5. No persons under the age of 18 may 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.
6. 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", and no title will ever be issued. This information will be announced within the online vehicle description.
7. Removal will be 9am to 4pm Monday through Wednesday immediately after the online auction concludes. Gate closes at 5pm SHARP.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
Peak Auto Auctions – Terms & Conditions – WYATTS TOWING NORTH – March 11, 2021
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