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By registering as a buyer ("Buyer")
with TOWLOT.COM you agree to be bound by the following terms and
conditions. TOWLOT.COM reserves the right to amend these terms and
conditions at any time without prior notice to the Buyer. Terms
and conditions printed on auction lists, and displayed on TOWLOT.COM
Website at www.ImpoundAutoAuctions.com become part of this agreement
by reference.
REGISTRATION
TOWLOT.COM.COM IS A VENUE. TOWLOT.COM.COM IS
NOT AN AUCTIONEER. ALTHOUGH WE ARE COMMONLY REFERRED TO AS AN ONLINE
AUCTION WEB SITE, IT IS IMPORTANT TO REALIZE THAT WE ARE NOT A TRADITIONAL
"AUCTIONEER." INSTEAD, THE SITE ACTS AS A VENUE TO ALLOW
ANYONE TO OFFER, SELL, AND BUY IMPOUNDED VEHICLES, AT ANYTIME, FROM
ANYWHERE, AT AN AUCTION-STYLE FORMAT COMMONLY REFERRED TO AS "ONLINE
AUCTIONS" OR "AUCTIONS." WE ARE NOT INVOLVED IN THE
ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS. AS A RESULT, WE HAVE
NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF THE ITEMS ADVERTISED,
THE TRUTH OR ACCURACY OF THE LISTINGS, THE ABILITY OF SELLERS TO
SELL ITEMS OR THE ABILITY OF BUYERS TO PAY FOR ITEMS. WE CANNOT
ENSURE THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.
CONSEQUENTLY, WE DO NOT TRANSFER LEGAL OWNERSHIP OF ITEMS FROM THE
SELLER TO THE BUYER, AND NOTHING IN THIS AGREEMENT SHALL MODIFY
THE GOVERNING PROVISIONS
Eligibility -
Individuals wishing to register must be 18 years of age or older
and meet all requirements imposed by federal, state, and local government
laws and regulations. In addition, TOWLOT.COM site-specific registration
requirements will apply. TOWLOT.COM reserves the right to deny or
cancel membership of any individual or entity at its discretion.
Registration -
Any individual or entity wishing to bid at TOWLOT.COM, via the Internet,
must complete the buyer registration form and pay the $25.00 yearly
registration fee to gain access to bid via the Website. Membership
must be renewed annually by verifying accuracy of current member
information on file and paying the appropriate registration fee.
Account Responsibility
- Buyers are responsible for all transactions on their account,
including, without limitation, all bids submitted through TOWLOT.COM
web site using the login name and password issued to the Buyer.
Accounts cannot be transferred. In the event of unauthorized use
of Buyer's ID card or login information, buyer shall be responsible
for all charges incurred prior to receipt of written notice by TOWLOT.COM
advising of such unauthorized use.
Membership Cancellation
- TOWLOT.COM reserves the right to suspend or revoke the
buying privileges of a Buyer for any reason.
Release of Liability
- Buyers and their guests irrevocably and unconditionally
waive and release their rights (if any) to recover from TOWLOT.COM,
its directors, officers, employees, representatives, agents, subsidiaries,
and affiliates any and all damages, losses, liabilities; cost or
expenses and claims thereof, whether direct or indirect, known or
unknown, or foreseen or unforeseen, which may arrive from, or be
related to, bodily injury, property damage, or other occurrence
on TOWLOT.COM sellers premises. Under no circumstances, including
negligence, shall TOWLOT.COM be liable for any special, incidental,
or consequential damage or lost profits that result from or are
related to the sale, distribution or use of, or the inability to
use, any vehicle, even if TOWLOT.COM has been advised of the possibility
of such damages. Buyers and guests who are California residents
waive California Civil Code §1542, which states: "A general
release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement
with the debtor." Furthermore, Buyers agree to indemnify, defend,
and hold TOWLOT.COM harmless from any and all damages, losses, liabilities,
costs or expensed, arising from claims made by Buyer guests for
bodily injury or property damage occurring on TOWLOT.COM sellers
premises.
Auction Cancellation
- TOWLOT.COM may, at any time, in its sole and absolute discretion
and with or without notice, postpone or cancel a sale. TOWLOT.COM
will neither be liable or obligated to the Buyer as a result of
any auction postponement or cancellation.
Vehicle Withdrawal
- TOWLOT.COM reserves the right to withdraw from auction
any vehicle for any reason at any time at its sole and absolute
discretion.
Bid Rejection -
TOWLOT.COM reserves the right to reject or void bids at any time
for any reason. Should a dispute arise regarding a bid, TOWLOT.COM
is the single deciding authority with sole and absolute discretion
in resolving disputes. Buyers agree to indemnify, defend, and hold
harmless TOWLOT.COM from any and all liability arising from decisions
made resolving disputes.
PAYMENT AND PICKUP
Fees - Other
fees may also apply. Fees may vary by facility. It is the sole responsibility
of the Buyer to verify fees charged by any TOWLOT.COM facility prior
to incurring such charges. All fees are subject to change without
notice.
Payment - Payment
may vary by facility. It is the sole responsibility of the Buyer
to verify payment procedures and methods by any TOWLOT.COM facility
prior to incurring such charges.Sales
Tax Indemnification
- Buyers purchasing vehicles
from TOWLOT.COM upon presentation of a sales tax exemption certificate
agree to indemnify, defend and hold TOWLOT.COM harmless from any
and all sales tax assessments, fines, penalties, damages, and costs,
including attorney fees, incurred as a result of a taxing authority
determination that the transaction was subject to the payment of
sales or excise tax.
Renege Fee -
In the event a buyer reneges on a vehicle, buyer agrees to pay TOWLOT.COM
the renege fee of $250 or 15% of sale price, whichever is greater.
Buyer is also responsible for any and all collection costs, including
attorney fees and court costs. Bidding privileges will be suspended
until payment has been received. Any buyer that reneges on a second
vehicle will have his bidding privileges revoked.
Vehicle Loading -
Vehicles may not be loaded until after the sale completes and payment
has been made. Pullout and loading fee may apply.
Vehicle Pickup -
Vehicles must be picked up within 3 working days (auction day plus
2 working days). Unless otherwise specified by Sellers facility.
Please check with Selling facility on pickup date deadline and or
storage fees. If not picked up within specified timeframe, storage
fee will be charged per day/per vehicle. Vehicles can only be picked
up during yard hours. TOWLOT.COM urges successful bidders to pick
up their vehicles immediately after the sale to ensure their protection.
Vehicles remaining at TOWLOT.COM facility after the sale will be
at the sole risk of the Buyer. TOWLOT.COM will not recognize any
claim for theft or damage, in whole or in part, after the vehicle
has been awarded.
YARD RULES
- No one under the age of 18 allowed access
to TOWLOT.COM seller's facilities.
- The use of cameras at TOWLOT.COM seller's
facilities is prohibited.
- Briefcases, backpacks, purses, and any like
packages are not allowed in the sale area.
- Repairs or work on vehicle on or around any
TOWLOT.COM seller's facility is strictly prohibited.
- Any damage to TOWLOT.COM seller's property
by Buyer will be charged to Buyer.
- Anyone caught stealing, removing parts, taking
keys, or damaging vehicles will be arrested and prosecuted to
the fullest extent of the law.
INTERNET BIDDING TERMS AND CONDITIONS
Registration and Fees
- You must be a Buyer in good standing in order to gain access
to or bid on vehicles offered via TOWLOT.COM Internet-based vehicle
bidding program and procedures ("System"). By registering
for and using the system, you agree to be bound by the terms and
conditions provided herein and any and all other terms and conditions
outlined on sale lists, and the Website Terms of Use available for
viewing at. TOWLOT.COM reserves the right to amend the terms, conditions,
and fees set forth herein at any time without prior notice. If,
at any time you do not agree with the terms and condition of this
Agreement, or of any subsequent amendments to this Agreement, immediately
discontinue using and accessing the System.
You will receive a TOWLOT.COM Online Bidding
Login ID ("Login") and a default password ("Password").
You are responsible for changing the default Password for your Login
and maintaining the confidentiality of your Password. Buyer entering
into this agreement and identified in the Buyer Registration Application
is fully responsible for all bids placed with your Login and for
any/all charges, which may accrue to your account. You agree your
Login will only be used by or disclosed by you to any other duly
authorized employees/agents on your account. Payment responsibility
remains with you for all bids placed and accepted by you and your
authorized bidders. You agree to immediately notify TOWLOT.COM of
any unauthorized use of your Login or any other potential or actual
breach of System security. You agree to exit from the system at
the end of each session to minimize the possibility of an unauthorized
person using your Login. Your Login and account cannot be transferred
or assigned to any other person or entity. You acknowledge that
once the System accepts your online bid, it can only be deleted
for sealed bid sales. Online bids placed for vehicles sold at live
auction can be reduced to the current high, but cannot be deleted.
Please be careful when placing your bids. You acknowledge that TOWLOT.COM
reserves the right, in its sole discretion, to delete, disable or
suspend your Login at any time for any reason including, but not
limited to, non-payment or late payment of any money due TOWLOT.COM,
failure to claim a vehicle; expired registration or license. You
further acknowledge that TOWLOT.COM reserves the right to change
the System or the general business practices related to the System,
at any time, temporarily or permanently, in its sole discretion,
with or without notice.
You agree that all bids placed in the System
will be bound by the then-current policies, fees, terms, conditions
and restrictions set forth by the TOWLOT.COM SELLER'S FACILITY ("Facility")
at which the vehicle is being sold. There is no Fee to access the
System or to place bids as long as you are a Buyer in good standing
with TOWLOT.COM. You agree that all outstanding amounts due to TOWLOT.COM
SELLER'S FACILITY must be paid or settled in full before you will
be allowed to place bids in the System.
DISCLAIMERS
Conditions of Sale
- All vehicles sold are sold "AS IS, WHERE IS",
WITH NO WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MECHANTABILITY.
No warranty is made with respect to the accuracy of any information
provided to Buyers regarding vehicles, provided in either written,
or image form and Buyer should not base their bids on information
provided for Buyers' convenience. This information includes, but
is not limited to year, make, model, VIN, mileage, odometer disclosure,
condition, actual cash value, estimated repair cost, damage type,
whether or not car starts, and title. TOWLOT.COM does not guarantee
that vehicles currently meet or can be modified to meet local emission
and/or safety requirements. It is the sole responsibility of the
Buyer to ascertain, confirm, research inspect, and/or investigate
vehicles and any and all information regarding the type, condition,
and status of vehicles prior to placing bids. TOWLOT.COM does not
guarantee that vehicles sold can be legally registered in any state
or country. Buyer accepts any and all risks associated with variations
in state vehicle title and registration laws and the possibility
that they may negatively impact the marketability of vehicles purchased
through TOWLOT.COM SELLER'S Facilities (for instance, Buyer may
purchase a vehicle in one state under a clear title but is required
to sell same vehicle under a salvage title in state where business
is located).
Defective Equipment
- No motor vehicle equipment (including a tire) that is the
subject of a decision under section 30118(b) of Title 49 U.S.C.
or a notice required under section 30188(c) of Title 49 U.S.C. is
sold for installation on a motor vehicle.
Privacy Notice -
Information requested by TOWLOT.COM will be used solely for registration
and account maintenance. It will not be disclosed to anyone without
the prior written consent of the Buyer. TOWLOT.COM does not sell
information regarding its buyer base.
Deployed Airbags -
Vehicles offered by TOWLOT.COM seller's may contain deployed airbags
that have not been replaced.
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