Auction Terms & Conditions PEAK AUTO AUCTION TERMS AND CONDITIONS
SPECIAL TERMS: MNS Towing (The Towing Company)
* All vehicles sold by The Towing Comany are sold with a bill of sale and towing affidavit per C.R.S. § 42-4-2104.
* Unless otherwise announced, you will receive the following documentation with your vehicle: a Bill of Sale, a towing affidavit(s), a VIN verification, and a copy of the vehicle’s legal notice.
* If you are a Colorado resident or Colorado auto dealer, you will receive the necessary documentation to apply for vehicle title except for an emissions test.
* Persons or entities outside the state of Colorado who participate in this auction will NOT receive a title, and may only purchase these vehicles FOR PARTS ONLY.
* Payments can be made in CASH or Credit Card (with valid matching ID).
* There will be a 13.5% Buyer's Premium ADDED to the purchase price of each vehicle. Buyers must pay for their purchases prior to the close of the pickup period. NO CHECKS.
* 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.
* Removal will be the Monday after the auction concludes. The seller may charge a storage fee of up to $20 per day for vehicles that are not removed promptly from the auction yard. See item #9 of the Additional Terms or the Auction Notice for the pick up times.
* Due to space constraints, the number of tow trucks or trailers permitted entry into the lot may be restricted. Your are highly encouraged to sign up for a pickup reservation after the auction concludes.
ADDITIONAL TERMS: THINGS TO KNOW BEFORE ATTENDING THIS VEHICLE AUCTION
1. The Towing Company vehicle auctions are held every as needed online at PeakAutoAuctions.com. Auctions will run for approximately 7 days, and will conclude on Friday evening.
2. There is a preview period the 2 days before the auction closes (Friday). Preview hours will be posted on the bidding portal site. On-site parking is available, but be mindful of "no parking" signs. 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 for 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 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", 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 buyer's premium.
9. Removal will be at the date and time listed in the auction information. 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's 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.
Peak Auto Auctions – Terms & Conditions – Busy Bee - July 16, 2021
Seller User Terms
Bidder User Terms