Auction Terms & Conditions All items are in UNKNOWN WORKING CONDITION with UNKNOWN MILEAGE and are sold AS IS, WHERE IS with NO WARRANTIES implied or expressed. NO EXCEPTIONS. ITEM PREVIEW IS HIGHLY RECOMMENDED.
PREVIEWS: Mon-Thur ONLY from 9am-1:30pm
-Key Previews:THURSDAY ONLY from 9am-1pm.
Bidding without previews are strongly discouraged
vehicle run and drive notes reflect performance during testing only, RESULTS ARE SUBJECT TO CHANGE.
PAYMENT and REMOVAL: Monday-Wednesday 9am-2pm for the week following the auction ONLY.
Last day for PAYMENT and PICKUP is the WEDNESDAY following the auction at 2PM NO EXCEPTIONS. EXACT CHANGE ONLY FOR CASH - CREDIT CARDS NOT ACCEPTED FOR INVOICES OVER $5000.
Note, any account that fails to pay in full for their invoice by that time will not be allowed to participate at any future Peak auctions.
SALES TAX: All vehicles sold by the seller (Peak Auto Storage) are subject to sales tax on the towing and impound fees from the original tow, unless you have provided the seller with a valid tax exempt certificate. This must be paid at the time of pickup.
All vehicles must be paid in full and removed from the property BEFORE 2PM on Wednesday following the auction. THERE ARE NO EXCEPTIONS!
**All vehicles left on property after the WEDNESDAY following the auction will be deemed abandoned, and the buyer FORFEITS ALL MONIES PAID and the property will REVERT to the seller with NO RECOURSE**
During the the pickup period, all buyers(or authorized persons) will be responsible for the accuracy of documentation BEFORE the vehicle leaves the property. Any vehicle claims made after the leaves the property will be DENIED.
Payments can be made by WIRE TRANSFER, CREDIT CARD (through the Peak office up to $5000) or in CASH at the seller's facility with matching photo ID. NO CHECKS ACCEPTED WITHOUT PRIOR APPROVAL FROM THE AUCTION COMPANY. There will be a 13.5% Buyer's Premium ADDED to the purchase price of each vehicle. Buyers must pay for their purchases prior to the close of the pickup period.
ADDITIONAL TERMS: Things to know BEFORE participating in this auction.
1. All paperwork MUST be made out in the individual or company name exactly as it appears on the winning bidder's online account. If no company name is provided, then it will be listed in the individual name exactly as it appears on the winning bidder's online account. No changes to paperwork will be allowed. No exceptions! All vehicle registration SHOULD be done in same county as the seller's facility! You as the buyer have the right to register your vehicle in the county you purchased it in, however, the seller cannot assist you. Vehicles marked with FOR PARTS ONLY, NON-REPAIRABLE, or NO TITLE cannot be titled whatsoever. PLEASE NOTE: Texas law requires all vehicles be titled within 30 days of date of purchase. ONCE 30 DAYS HAVE ELAPSED, THE SELLER WILL NO LONGER BE ABLE TO ASSIST YOU WITH ANY DOCUMENTATION ISSUES. Please apply for title using your provided Storage Lien Packets before this period expires!
2. Updating your online account information AFTER the item closes will not update your Storage Lien Packet information. All Storage Lien Packets will appear exactly as it is on your invoice. No changes to paperwork will be allowed. No exceptions!
3. REMOVAL TERMS STRICTLY ENFORCED! All items must be picked up within 3 business days after the auction closes. If purchased items are not removed within 3 business days after the auction closes, the buyer FORFEITS ALL MONIES PAID and the property REVERTS to the seller with NO RECOURSE. ALL VEHICLES must be towed from the seller's premises at your expense by a TXDOT certified wrecker. NO ONE allowed to work on vehicles on the seller's property.
4. Disposal of unwanted materials from auctioned vehicles onto the seller's property WILL NOT BE TOLERATED. Anyone caught doing so will be permanently banned from all auctions conducted by Peak Auto Auctions. The seller's staff will not be responsible for the loading or jumping of auctioned vehicles. There will be no tow dollies or uncertified tow trucks allowed on the seller's property. If you need a vehicle moved out or put on a dolly, the seller may provide assistance for an additional charge. Vehicle removal is ALWAYS at your expense.
5. Individuals without a valid ID will not be able to remove items from the premises. Written authorization must be provided to allow a person other than the buyer to pick up items.
6. AS-IS SALE - ALL PROPERTY SOLD "AS IS," "WHERE IS," AND "WITH ALL FAULTS." ALL PROPERTY IS BEING OFFERED AND SOLD IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY, AND HAVE NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY AUCTIONEER OR THE SELLER, OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING. BY BIDDING, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND THAT YOU ARE RELYING SOLELY ON, OR THAT YOU HAVE WAIVED, SUCH INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.
7. The pre-auction credit card authorization is a "good faith" deposit assuring that you will pay for all of the items that you purchased in the bid process. If you fail to pay for the vehicle or vehicles you purchased, that is a breach of contract and you may be subject to liquidated damages for the resale or disposal of your vehicle.
8. Although all buyers are responsible for the security of all vehicles they purchase in the auction immediately upon the fall of the hammer, ownership of the vehicle will not transfer until payment has been received in full into our bank account.
9. This auction takes place in an active tow yard, with moving vehicles. Auction preview periods and vehicle pickups are held outdoors in all weather conditions on a gravel lot, which may be muddy, snowy, slippery, rainy, hot, etc. Please dress appropriately for the weather condition. You are entering this yard at your own risk and peril. Please be extremely careful and aware of what is going on around you for everyone's safety. The wearing of safety vests inside the tow yard is highly encouraged.
10. CHARGEBACK POLICY - As a condition to registration and bidding, bidders agree to the following: (i) that they will not, under any circumstances, initiate a credit card chargeback, and (ii) agree that they are waiving any chargeback rights that may exist under the agreement between the bidder and the bidder's credit card company, and (iii) the bidders agree that, should a chargeback be initiated, the bidder terms and conditions will be conclusive evidence of the bidder's waiver of any chargeback rights. If a bidder launches a chargeback claim, even if ruled as successful, the buyer remains liable for the purchase price (including any buyer's premium), plus costs of collection and attorneys' fees. This policy is an inducement to the auctioneer for the privilege of registration and bidding.
11. JURISDICTION - Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement shall be brought against either of the parties in the courts of the State of Colorado, County of Denver, or, if it has or can acquire jurisdiction, in the United States District Court for the District of Colorado, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on either party anywhere in the world.
Please contact [email protected]
for more information and preview/removal questions. Location: 11211 Goodnight Ln, Dallas, TX 75249
Peak Auto Auctions - Terms & Conditions - PEAK STORAGE - 2023.04.05
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