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By registering as a Seller ("Seller") 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 Seller.
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 sell on
TOWLOT.COM, via the Internet, must complete the seller registration
form and pay the $19.95 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 - Sellers 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 Seller. Accounts cannot be transferred. In the event of
unauthorized use of sellers ID card or login information, Seller
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 selling privileges of a Seller 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 or
Seller 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 and Sellers 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.
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
1.
No one under the age of 18 allowed access to
TOWLOT.COM seller's facilities.
2.
The use of cameras at TOWLOT.COM seller's
facilities is prohibited.
3.
Briefcases, backpacks, purses, and any like
packages are not allowed in the sale area.
4.
Repairs or work on vehicle on or around any
TOWLOT.COM seller's facility is strictly prohibited.
5.
Any damage to TOWLOT.COM seller's property by
Buyer will be charged to Buyer.
6.
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 and/or Seller entering into
this agreement and identified in the Buyer and/or Seller
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 or Seller 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
or Seller. TOWLOT.COM does not sell information regarding its buyer
or Seller base.
Deployed Airbags - Vehicles offered by TOWLOT.COM sellers may
contain deployed airbags that have not been replaced.
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