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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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