
By registering as a buyer ("Buyer") with Insurance Auto Auctions ("IAA") you agree
to be bound by the following terms and conditions. IAA 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, announced at the live auctions and displayed on
IAA's Website at www.iaai.com become part of this agreement by reference.
Registration
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, IAA site-specific registration requirements will apply. IAA 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 IAA, either in person or via the Internet,
must complete the buyer registration form, submit proof of identity (driver's license,
state ID, passport, etc), and pay the $200.00 registration fee. To gain access to bid in
facilities not open to the public, either in person or via the Website, copies of current
licenses and completed sales tax exemption certificates must be submitted to IAA. Membership
must be renewed annually by verifying accuracy of current member information on file and
paying the appropriate registration fee. Licenses must be renewed and submitted to IAA prior
to expiration to retain active buyer status.
Authorized Bidders -
Businesses may authorize additional buyers to place bids on behalf of the company. The completion
of the Additional Bidder Request Form and payment of an additional fee is required to activate
bidding privileges for these individuals. Limits as to the number of additional buyers on an
account may be imposed at the sole and absolute discretion of IAA. Our system will not prevent multiple
bidders from the same company from bidding against each other before or during the auction. All bidders
assume full responsibility for each of their bids, regardless of who they are bidding against,
including anyone from within their own organization.
Guests -
Most IAA facilities will allow guest admittance to its auctions to individuals 18 years or older.
Guests must be accompanied by a registered buyer and purchase a guest pass valid for one-time
admittance. Guest passes must be displayed at all times. They allow admittance, but do not extend
buying privileges. Only registered Buyers in good standing may bid on vehicles. Please confirm
guest policy with facility prior to your visit.
ID Cards -
IAA will issue ID cards at the time of registration. Replacement of lost or stolen cards will be
available upon payment of a replacement card fee. IAA ID cards remain the property of IAA. ID card
must be surrendered at the request of IAA. Admittance to the sale area will only be permitted upon
presentation of valid ID card. ID card must be displayed at all times while on IAA premises.
Account Responsibility -
Buyers are responsible for all transactions on their account, including, without limitation, all
live bids placed by authorized bidders and bids submitted through IAA's Auction Center 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 IAA advising of such unauthorized use.
Membership Cancellation -
IAA 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 IAA, 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 IAA's premises. Under no circumstances, including negligence,
shall IAA 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 IAA 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 IAA 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 IAA's premises.
Auction Cancellation -
IAA may, at any time, in its sole and absolute discretion and with or without notice,
postpone or cancel a sale. IAA will neither be liable or obligated to the Buyer as a
result of any auction postponement or cancellation.
Vehicle Withdrawal -
IAA reserves the right to withdraw from auction any vehicle for any reason at any time
at its sole and absolute discretion.
Tie Bid Policy -
Should a tie occur between a proxy bid and a bidder attending the live auction, the live
bidder will be awarded the vehicle. In the event of a tie between two proxy bids placed
for an IAA sealed bid sale, IAA will solicit follow-up bids from each party involved in
the tie. If tie cannot be broken, Branch Manager may award vehicle to bidder who placed
bid first or rerun the vehicle.
Call Vehicles -
Vehicles requiring the approval by the vehicle provider will not be released to Buyers
until bid is accepted by the vehicle provider.
Bid Rejection -
IAA reserves the right to reject or void bids at any time for any reason. Should a dispute
arise regarding a bid, IAA is the single deciding authority with sole and absolute discretion
in resolving disputes. Buyers agree to indemnify, defend, and hold harmless IAA from any and
all liability arising from decisions made resolving disputes.
Payment and Pickup
Fees -
A buyer fee will be charged for each vehicle sold. Other fees may also apply. Fees may vary by
facility. It is the sole responsibility of the Buyer to verify fees charged by any IAA facility
prior to incurring such charges. All fees are subject to change without notice.
Payment -
Payment for any vehicle awarded is due within 3 working days (auction day plus 2 working days, i.e.,
if auction is on Monday, payments is due by close of business on Wednesday). Vehicles not paid within
specified timeframe will be subject to a Late Fee of $50 per vehicle. Payment for vehicles may be made
by wire transfer, cashier's check, or money order. Company checks will only be accepted with prior
approval by IAA. Restitution for any checks returned to IAA for any reason will need to be received
within two working days. Any check returned for NSF will be subject to IAA's NSF processing fee and
any and all collection costs including but not limited to collection agency fees and/or attorney's
fee and court costs.
Sales Tax Indemnification -
Buyers purchasing vehicles from IAA upon presentation of a sales tax exemption certificate agree to
indemnify, defend and hold IAA 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 IAA the renege fee of $1000 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 5 working days1 (auction day plus 4 working days). 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. IAA urges successful bidders to pick up their vehicles immediately after the sale to ensure their
protection. Vehicles remaining at IAA's facility after the sale will be at the sole risk of the Buyer. IAA
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 IAA facilities.
2.
The use of cameras at IAA 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 IAA facility is strictly
prohibited.
5.
Any damage to IAA 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 IAA's 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, announced at live auctions, and the
Website Terms of Use available for viewing at
http://home.iaai.com/html/terms.asp. IAA 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 an IAA 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 IAA 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 IAA 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 IAA, failure to
claim a vehicle; expired registration or license. You further acknowledge that
IAA 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 IAA branch
office ("Facility") at which the vehicle is being sold. You agree to pay an
additional $35 Online Bidding Fee ("Fee"), which will be added to your total
purchase price for each vehicle purchased via the system from a live auction facility.
This Fee is in
addition to the buyer's fee or other charges normally assessed by the Facility
at which the vehicle is sold. There is no Fee to access the System or to place
bids as long as you are a Buyer in good standing with IAA. You agree that all
outstanding amounts due IAA 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 through IAA's auctions 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 solely 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 sale document. In accordance with appropriate State Law, VEHICLES SOLD WITH REGULAR SALE DOCUMENT STATUS MAY HAVE SALVAGE SALE DOCUMENT
STATUS IN THEIR HISTORY. IAA 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. IAA 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 sale document and registration laws and
the possibility that they may negatively impact the marketability of vehicles purchased at IAA auctions (for instance,
Buyer may purchase a vehicle in one state under a clear sale document but is required to sell same vehicle under a salvage
sale document in state where business is located). "Y” under the STARTS column indicates that the vehicle was started (either
with or without a jump) upon entering IAA’s facility. No guarantee as to the condition of the engine or any of its
components is expressed or implied. If the Starts column is blank, this is not an indication that the vehicle
will not start.
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 IAA will be used solely for registration and account
maintenance. It will not be disclosed to anyone without the prior written
consent of the Buyer. IAA does not sell information regarding its buyer base.
Deployed Airbags - Vehicles offered by IAA may
contain deployed airbags that have not been replaced.
1Not available in all locations, please check with local branch for details
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