General Live Auction Terms & Conditions

(Finalized or sale specific Terms & Conditions will be given in the form of a flyer on auction day)

 

Use of this auction venue marks your full and final acceptance of all Terms & Conditions listed either by Apple Towing Co. & Apple Auctioneering Co. or the contracting seizing agency. Please be aware our terms & conditions are subject to change. Finalized terms & conditions will be issued the day of the live auction in the form of a flyer.

 

1. This Agreement is a legally binding instrument between you and Apple Towing/ Apple Auctioneering Co, and describes your responsibilities in connection with your use of www.appletowing.com or the live auction venue and, among other things, limits the liability of Apple Towing/ Apple Auctioneering Co. Please read all of this agreement carefully. You affirm that you are over 18 years of age and are otherwise capable of forming legally binding contracts, and that you agree to be legally bound and to abide by this agreement. If you are under 18 years of age, or are otherwise incapable of forming legally binding contracts, or do not agree with any part of this Agreement, you must not access www.appletowing.com or participate in our live auction.

 

2. All vehicles & merchandise will be auctioned AS-IS, WHERE-IS, WITH ALL FAULTS, WITHOUT WARRANTY OR GUARANTEE EITHER EXPRESSED OR IMPLIED, AS TO AGE, YEAR OF MANUFACTURE, MAKE, MODEL, ODOMETER, CONDITION OR ANY OTHER SPECIFICATION. DESCRIPTIONS OF VEHICLES, WRITTEN, PUBLISHED, OR ORAL ARE FURNISHED AS A GUIDE ONLY. NO GUARANTEE AS TO THE ACCURACY OF THE DESCRIPTION IS MADE. The Auctioneer shall not be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection therewith. No allowance, refund or set aside will be made on account of any incorrectness, error in cataloging, imperfection, defect or damage. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. It is the responsibility of the Buyer to have inspected thoroughly the merchandise and to have satisfied him or her as to its condition and value and to bid based upon that judgment solely. Apple Towing/ Apple Auctioneering Co. does not certify the accuracy of the information presented by any third-party company that assist in the sale and will not be responsible for any error made on their behalf. Some vehicles may have branded titles. Branded titles, when known, are announced, included in the description or noted on the vehicle. Absence of mention of branded titles or remarks does not constitute any warranty or guarantee. California Smog Emissions Disclaimer: All smog-related repairs are the sole responsibility of the buyer.  Seller does not accept responsibility for the failure of any vehicle sold, or the failure of a vehicle to meet safety standards or emissions control equipment regulations as set by any Federal, State, or local agency. It is the express responsibility of the buyer to comply with any safety or emission control equipment requirements prior to using any vehicle purchased.  Seller may provide a passing smog certification as a courtesy to the buyer.  Please note the expiration on the smog certificate.  If buyer is provided a passing smog certification, it does not imply or guarantee that the vehicle will pass a future emissions test. Recalls: The assets offered may be subject to open vehicle recall notices. It is the buyer's sole responsibility to check for and act upon any applicable recall notices. Recalls and other vehicle safety information is available at the National Highway Traffic Safety Administration website, www.nhtsa.gov/recalls.

 

3. This auction is conducted with reserve. The contracting seizing agency reserve the right to approve the final transfer of property the successful bidder, even after the auctioneer states “sold.” Apple Towing & Apple Auctioneering Co. does not/ will not disclose the reserve amount. In addition, the contracting seizing agency, Apple Towing Co. and Apple Auctioneering Co. retains the right to reject any bids for any reason or to make counter offers or accept back up offers at their sole discretion.

 

4. Apple Towing Co. / Apple Auctioneering Co., the contracting seizing agency reserve the right to add/ delete vehicles & surplus to/ from the auction at any time.

 

5. Practices that eliminate competition, such as collusive bidding may warrant criminal, civil, or administrative action against the participant and may be referred to the Department of Justice.

 

6. All persons attending preparation, preview inspection, sale or removal of merchandise assume all risks whatsoever of any damage or loss to person and or property and specifically release the Apple Towing/ Apple Auctioneering Co & the seizing agency of any and all liability. For live auctions: No one under the age of 18 will be allowed to enter the auction area. Each registered bidder may have 2 companions in the auction area. No oversized bags or electronics are allowed in the auction area.

 

7. Payment: Purchases must be paid via cash (U.S. Currency), cashier’s check (payable to Apple Towing Co.), or check with current original bank letter of guarantee within ONE HOUR of the close of the sale. If paying by check, the check must be accompanied by a current original bank LETTER OF GUARANTEE on bank letterhead and approved by Kevin Scully of Apple Auctioneering Co No later than 5pm preview day. Bank letter must read: _________ is a customer of the bank, This bank will guarantee unqualified payment to Apple Towing Co. on account # ________ up to the amount of $________. No ‘Stop Payment’ will be issued regarding this transaction. This letter expires on_______. (Must be at least 10 days after the auction date). You may leave to acquire the funds but must return within the deadline to pay.

 

Unacceptable payment methods: No personal, business, or private issued checks, bank letters, credit/debit cards, or letters of credit will be accepted.

 

Payment Default: Vehicles & merchandise not paid for within 1 hour of a live sale may be resold without notice. If a buyer does not pay within the specified time frame, backs out, submits a check containing insufficient funds, or issues a “stop payment” that buyer will be banned from all future Apple Towing Co. / Apple Auctioneering Co. auctions and his/ her information will be submitted to the Department of Justice. To the extent that the bidder is an individual acting on behalf of a corporation registered as the bidder, the individual bidder shall be jointly and severally liable with the corporation for payment of the purchase price. The Buyer acknowledges and agrees that no "stop payment" order shall be issued or honored. The Buyer further agrees that a stop payment order or a check returned marked "insufficient funds" shall be considered prima-facie evidence of intent on the part of the buyer to defraud the Auctioneer at the time of delivery of the check. Failure to make required payment or removal within time frames specified shall forfeit any right, title and interest buyer may have acquired. The property shall revert and repossess to the Seller without further notice to the Buyer. Any monies paid will be forfeited and the transaction will be null and void as to the Buyer.

 

8. Fees: Buyers are responsible for the payment of all applicable taxes or fees imposed by any state, country, county, or political subdivision.

 

9. Upon the sale of each lot, the Auctioneer announces the final sale price and successful Buyer's number. All questions or disputes regarding Buyer, lot identity, price or quantity must be resolved immediately upon the sale of said lot. No changes or adjustments will be made at any later time. The record of the sale kept by the Auctioneer and sale clerk will be taken as final in the event of any dispute. We reserve the right to video tape all live auctions.

 

10. Title work: All title documents and forms requiring the Buyer’s signature must be signed immediately following payment of a live auction by the successful high bidder. Failure to execute the documents within the time frame specified will result in the revocation of the Buyer’s bidding privileges. On USMS vehicles, the high bidder will sign a Form USM-621 Personal Property Sales Certification. No USDOJ employees, USDOJ contractors or any person acting on their behalf shall be permitted to bid on, purchase, or share part of the contract sale or to any other benefit that might arise therefrom. Title 18 USC Section 1863 (g) and 21 USC Section 853 (a) of the Comprehensive Crime Control Act of 1984, prohibits the United States Government from reverting forfeited property to the defendant(s) convicted of violations under 18 USC Section 1962 or 21 USC Section 841 et seq. The buyer must certify they are not acting in concert with or on behalf of the defendant(s).

 

11. Removal: Purchases must be removed on auction day by 5pm. If arrangements have not been made and the vehicle(s) / merchandise remain after the specified allowance a $25/day USD fee will be charged and must be collected prior to release. Payments must be made in the form of cash or a cashier’s check made payable to Apple Towing. Purchases will not be released until the auction is complete.

 

12. The Buyer agrees that in any dispute between the Seller and the Buyer or between competing bidders arising in connection with any sale at the auction, the Auctioneer shall have the right but not the obligation to settle such dispute, and the Buyer shall abide by the decision of the Auctioneer, whose decision shall be final with respect to such matter. The Buyer further agrees to indemnify the Auctioneer for all liabilities, damages, costs, and expenses including attorney’s fees incurred in connection with any such dispute or in connection with any claim, litigation, controversy, dispute or proceeding arising from any purchase of an article by the Buyer or from any subsequent sale of such article to any third party.

 

13. Assets listed with the remarks “DISMANTLER” have additional bidding qualifications. Only licensed scrap/salvage dealers may bid on these assets. To qualify to bid, a physical copy of the valid dismantler dealer license is required and must be approved by the auctioneer prior to the start of the auction. These vehicles may not be repaired, rebuilt, reconstructed, issued a regular certificate of title, registered, or operated in the United States. These assets may be used only as a source for used parts or scrap metal.

 

All auction photos, videos, emails, documents pertaining to the sale, staff and attending witnesses can and will be used against you in the court of law. Additionally, photos taken of those in attendance may be utilized for future marketing material and advertisement on www.appletowing.com or www.appleauctioneeringco.com.