Auto Auction of Great Falls:
AUTO AUCTION RULES
ALL BIDDERS ARE REQUIRED TO REGISTER AND MUST BE 18 YEARS OF AGE TO DO SO. IN ORDER TO REGISTER ALL BIDDERS MUST SHOW A VALID DRIVERS LICENSE.
THERE ARE TWO WAYS THE VEHICLES ARE SOLD:
1. VEHICLES SOLD ON A RED Light ARE “AS-IS” THEY HAVE NO WARRANTY OR GUARANTEE OF ANY KIND AND CANNOT BE REJECTED FOR ANY REASON PLEASE INSPECT THESE VEHICLES!
2. VEHICLES SOLD ON A GREEN LIGHT HAVE A “SALE GUARANTEE” WHICH MEANS THE MOTOR AND DRIVE TRAIN COMPONENTS ARE GUARANTEED UNTIL 6PM THE DAY OF THE SALE OR FIFTY MILES
ALL VEHICLES MUST BE PAID FOR THE DAY OF THE SALE. (APPROVED TYPES OF PAYMENT CASH OR APPROVED CHECK)
NO VEHICLES MAY BE REMOVED FROM THE AUCTION YARD UNTIL THE AUCTION IS OVER AND YOU PRESENT YOUR GATE PASS (PROOF OF PAYMENT) TO THE YARD ATTENDANT AT THE GATE.
VEHICLES PAID IN FULL THAT ARE NOT TAKEN IMMEDIATELY AFTER THE AUCTION CAN BE PICKED UP ON THE MONDAY FOLLOWING THE AUCTION BETWEEN 9AM AND 5:30 PM. VEHICLES NOT REMOVED BY 6PM MONDAY WILL BE CHARGED $25 PER DAY STORAGE FEE UP TO 7 DAYS.
BUYERS ARE COMPLETELY RESPONSIBLE FOR THEIR PURCHASES. THE FINAL BID BECOMES AN ORAL CONTRACT THAT BECOMES LEGALLY BINDING WHEN THE AUCTIONEER SAYS “SOLD”. ALL SALES ARE FINAL --YOU CANNOT CANCEL THIS CONTRACT SIMPLY BECAUSE YOU CHANGED YOUR MIND OR THE VEHICLE COSTS TOO MUCH.
“IF”, “ON CALL”, OR “OFFER” BIDS ARE THE RESPONSIBILITY OF THE BUYER TO VERIFY SALE. ONCE THE BUYER HAS BEEN NOTIFIED THAT THE OFFER HAS BEEN ACCEPTED BY THE SELLER, THE SALE BECOMES LEGALLY BINDING.
THERE WILL BE A $100.00 CHARGE FOR ANY RETURNED CHECK TO THIS AUCTION.
BUYERS FEES ARE IN ADDITION TO THE FINAL BID.
AUCTION RULES AND POLICIES. ENTERED INTO EFFECT 8/28/2016.
I. General Policies:
1. Fair and Ethical Sale:
The sales made at an Auction are intended to promote fair and ethical treatment to both the Buyer and Seller. If Auction determines that the transaction is not fair and ethical to either party, the Seller and the Buyer agree that Auction may cancel the sale, at its sole discretion.
2. Auction Role in Sale:
a. Auction makes no representations or guarantees on any vehicle sold or offered for sale. (After 6:00pm the day of the sale, or fifty miles on "Green Light" units.)
b. All vehicles bought or sold on the premises must be processed through the Auction office. Failure to do so will result in suspension of trading privileges at Auction.
c. Auction reserves the right to review any audio/video documentation to verify the accuracy of a sale.
d. Any vehicle consigned with the Auction is subject to government inspection, with or without prior notice, by the FBI, State Police, National Auto Theft Bureau, Local Police Authorities, any other governmental agency, or quasi-governmental agency.
3. Auction VIN Policies
All vehicles consigned must have a public Vehicle Identification Number (VIN) plate attached to the vehicle. Those vehicles having a reassigned VIN plate by the State in place of the original VIN plate must be announced or will be subject to sale cancellation or Buyer return. Auction reserves the right to refuse the sale of any vehicle in which the VIN plate appears to be altered in any way.
II. Sale Light System:
Auction has a standard light display system to describe the condition and/or disclosures related to the vehicle being sold. The system is defined as:
1. Green Light – “SALE GUARANTEE”: Vehicles sold under a green light have a “Sale Guarantee”. Which means the motor and drivetrain components are guaranteed until 6:00pm the day of the sale, or fifty miles. Vehicles over 160,000 miles are not eligible for “Sale Guarantee”.
2. Red Light – “As-Is”: Vehicles sold under a red light are “AS-IS”. They have no warranty or guarantee, and cannot be rejected for ANY reason. PLEASE INSPECT THESE VEHICLES!
III. Seller Responsibilities:
GREEN LIGHTED VEHICLES
1. Seller will be held responsible for the accuracy and completeness of all representations or descriptions. This includes handouts, catalogues, vehicle markings, condition information or vehicle listings and verbal or written statements made by Seller, or Sellers Representative at the time of sale. The Seller understands that the sale light display is a binding arbitration representation of vehicle condition. The seller is therefore responsible for ensuring that their vehicles sell under the correct light in the lane.
2. Mileage announcements are not required for vehicles that are 10 years or older and/or deemed exempt from Federal/State Odometer and Title disclosure laws (IE: certain ATVs, Mopeds, watercraft), unless a mileage discrepancy is known or apparent to the seller. The Seller may represent miles on exempt vehicles; any disclosures made by the Seller and all known odometer discrepancies are grounds for arbitration.
3. Title discrepancies must be announced including, but not limited to; not actual miles, salvage, theft recovery, stolen vehicle, flood damage, and Lemon Law buybacks. Seller will be held responsible for the accuracy and completeness of all representations or descriptions. If title discrepancies are not made at the time of the sale, the sale may be cancelled, and all proceeds paid to the seller must be returned within 48 hours of the discovery of said discrepancies.
4. The announcement of or the presence of warning lights on a vehicle does not exempt a Seller from arbitration responsibilities. The issue/defect found to be the cause of the light may be entered into arbitration up to 6:00pm the day of the sale, or fifty miles.
6. The availability of a manufacturer’s warranty shall not affect a Buyer’s right to arbitrate a vehicle. Regardless of the warranty coverage in terms of the root cause of the complaint.
7. In the event of a successful arbitration by the Buyer, the Seller is responsible for reimbursement of all reasonable documented expenses incurred by the Buyer (excluding profit, commissions and detail charges) on vehicles arbitrated for undisclosed (Announced) conditions. Reimbursements that qualify under these guidelines will be at the sole discretion of the Auction and will be limited to the reasonable and documented expenses at auction (wholesale) repair cost.
8. Seller will not be paid for vehicles in arbitration until arbitration is settled and vehicles are sold. For arbitrations occurring after the seller has been paid, seller is required to promptly return the payment to the auction if the transaction is voided as a result of arbitration.
9. Vehicles over 160,000 miles are not eligible for “Sale Guarantee”.
V. Buyer Responsibilities:
1. Prior to placing bids, the Buyer is responsible for inspecting the vehicle, listening to and reviewing any verbal or written announcements and disclosures made by the Seller, Auction, Auctioneer or Selling representative. Buyers are also responsible for observing and understanding the sale lights (Green, Yellow, Red), which identify various sale conditions for the vehicle. Once the vehicle is sold, the Buyer should check the Auction sales receipt or appropriate document to confirm the vehicle price, disclosures and announcements are correct before legibly printing and signing their name to the Auction sales receipt or appropriate document.
2. The auction will not arbitrate vehicles based upon any unintentional errors or omissions of any promotional information related to the vehicle, handouts, catalogues, vehicle markings, or vehicle listings as they are for the convenience of the buyer and are not to be relied upon as accurate or complete.
3. The Buyer is financially responsible for any pending sale and assumes all risk of loss until arbitration is final.
4. A vehicle is not considered returned until received, inspected, and/or approved for return by Auction management. Any vehicle returned must be in the same or better condition as when sold. Any vehicles delivered to and left on Auction premises without Auction approval remain the sole responsibility of the Buyer. Buyer assumes all risk of loss. Vehicle must be returned in a timely manner consistent with Auction discretion.
5. The Seller/Auction shall not be liable for any vehicle sale or repairs made by the Buyer before the title is received by the Buyer.
V. Title Arbitration Policy:
1. All titles submitted by Seller must be in Seller’s name on title or on a properly executed reassignment form. The Seller guarantees the titles of vehicles that are sold through Auction. This guarantee of the title warrants that the title shall be marketable and free and clear of all liens and encumbrances. This includes any brand (such as ‘salvage’) noted upon the current or any prior certificate of title unless such encumbrances were announced at the time the vehicle is sold through Auction. Auction will not be responsible for any expenses incurred on vehicles returned for late title.
2. Seller warrants, represents and guarantees possession and conveyance of a certificate of title, properly executed, valid in the state where the transaction is occurring and clear of all liens and encumbrances, and seller warrants and will defend the title against the claims and demands of all persons whatsoever.
3. Seller will ensure that the title must be able to be reassigned directly to the Buyer.
4. Seller will not be paid for vehicles until a transferable title is received.
5. If there is a title problem due to a clerical or coding error, or incomplete documentation, Auction shall be given reasonable time after receiving notice to have the error corrected.
6. Applications or other documents related to a duplicate title will not be accepted.
7. Foreign titles, such as Canadian titles, are unacceptable.
8. Seller has up to a maximum of 41 calendar days for title to be received by Auction. (Sale day is Day 1). After 41 calendar day period, it is the Buyer’s option to return the vehicle or wait a reasonable period of time for the title. If, after 90 calendar days, Seller has not produced negotiable title and Buyer has not returned the vehicle, the sale will be considered null and void, and all proceeds paid to the seller must be returned within 48 hours.
9. Seller will be held responsible for the accuracy and completeness of all representations or descriptions. In regard to defect in title, and in any matter relating to odometer mileage, odometer statements, or damage disclosure statements: Seller and Buyer agree to indemnify and hold harmless Auction from any liability, loss costs, damage or expense, including attorney fees which may arise either directly or indirectly from the sale and purchase of the consigned vehicle including but not limited to title services provided.
13. Whenever any claim is made by any person against the title of a vehicle, whether by suit or otherwise, the Buyer, after becoming aware of said claim, shall immediately notify Auction. This involves giving full particulars of claim, cooperating fully in defending any legal action, and in taking other steps to minimize possible loss.
VI. MECHANICAL ARBITRATION POLICY (GREEN LIGHT VEHICLES ONLY)
1. Time Period
NO VEHICLE WILL BE ARBITRATED AFTER 6 PM THE DAY OF THE SALE. NO VEHICLE WILL BE ARBITRATED IF IT HAS BEEN DRIVEN MORE THAN 50 MILES AFTER PURCHASE. ALL VEHICLES MUST BE ENTERED INTO ARBITRATION BY 6 PM THE DAY OF THE SALE.
(THE AUCTION MUST BE NOTIFIED BY 6 PM THE DAY OF THE SALE AND BEFORE DRIVEN OVER 50 MILES. ACTUAL ARBITRATION TIME MAY EXCEED THE 6 PM DEADLINE.)
Repair costs will be determined by the Auction and will reflect the auction cost to repair. If price adjustment is made and accepted by both the buyer and seller, the vehicle becomes “As-Is” property of the Buyer and is not subject to any further arbitration. The auction management makes the binding decision upon both the Buyer and Seller on all arbitration matters.
Auction reserves the right to assess an arbitration fee to the Buyer if the vehicle passes arbitration. If the arbitration is valid, Auction reserves the right to assess an arbitration fee to the Seller in addition to any charges associated with the arbitration.
4. Not subject to arbitration:
a. Vehicles exceeding 15 model years.
b. Trailers, RVs, and watercraft, cannot be arbitrated.
b. Kit vehicles, homemade vehicles, are sold “As-Is” and cannot be arbitrated for odometer, frame, or model year.
c. Wearable Items: Auction will not arbitrate vehicles for wearable items. For purposes of this policy wearable items are defined as parts of the vehicle that the manufacturer recognizes the need for replacement/adjustment during the expected life of the vehicle. These items would include, but are not limited to: tires, wipers, brake pads, shoes, rotors, belts, hoses, lubricants/fluids, timing belts, bulbs, filters, shocks and struts.
d. Unsafe vehicles: Auction reserves the right to reject any vehicle that management judges to be unsafe.
e. Vehicles may not be arbitrated based solely upon information provided in Electronic Data Vehicle Histories (EDVH) or printed EDVH reports. Auction and Seller are not bound by information listed in EDVH. Examples of EDVH include Carfax, AutoCheck, NMVTIS, etc. The Auction may investigate vehicle history based on information found in EDVH for information that may impact arbitration.