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By registering as a buyer ("Buyer") with PAALive
you agree to be bound by the following terms and conditions. PAALive 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
PAALive Website at www.PAALive.com become part of this agreement by reference.
REGISTRATION
PAALive.COM.COM IS A VENUE. PAALive.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 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, PAALive.COM site-specific
registration requirements will apply. PAALive.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 PAALive.COM, via the Internet, must complete the
buyer registration form and pay the registration fee to gain access to bid via
the Website. Membership must be renewed 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 PAALive.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 PAALive.COM advising of such unauthorized
use.
Membership
Cancellation - PAALive.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 PAALive.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 PAALive.COM
sellers premises. Under no circumstances, including
negligence, shall PAALive.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 PAALive.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 PAALive.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 PAALive.COM sellers premises.
Auction
Cancellation - PAALive.COM may, at any time,
in its sole and absolute discretion and with or without
notice, postpone or cancel a sale. PAALive.COM will
neither be liable or obligated to the Buyer as a
result of any auction postponement or cancellation.
Vehicle
Withdrawal - PAALive.COM reserves the right
to withdraw from auction any vehicle for any reason
at any time at its sole and absolute discretion.
Bid Rejection
- PAALive.COM reserves the right to reject
or void bids at any time for any reason. Should a
dispute arise regarding a bid, PAALive.COM is the
single deciding authority with sole and absolute
discretion in resolving disputes. Buyers agree to
indemnify, defend, and hold harmless PAALive.COM from
any and all liability arising from decisions made
resolving disputes.
PAYMENT AND PICKUP
Fees - Other fees may also
apply. All fees are subject to change without notice.
Payment - It is the sole responsibility
of the Buyer to verify payment procedures and methods by any PAALive.COM facility
prior to incurring such charges.
Tax Indemnification
- Buyers purchasing
vehicles from PAALive.COM upon presentation of a sales
tax exemption certificate agree to indemnify, defend
and hold PAALive.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 PAALive.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.
Vehicle Pickup - Vehicles
must be picked up within 3 working days (auction day plus 2 working days). Unless
otherwise specified. Please check with 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 regular
busness hours. PAALive.COM urges successful bidders to pick up their vehicles
immediately after the sale to ensure their protection. Vehicles remaining at
PAALive.COM facility after the sale will be at the sole risk of the Buyer. PAALive.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 PAALive.COM seller's facilities.
- The use of cameras at PAALive.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 PAALive.COM seller's facility is
strictly prohibited.
- Any damage to PAALive.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 PAALive.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. PAALive.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 PAALive.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 PAALive.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 PAALive.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 PAALive.COM, failure
to claim a vehicle; expired registration or license.
You further acknowledge that PAALive.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 PAALive.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 PAALive.COM. You agree
that all outstanding amounts due to PAALive.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. PAALive.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. PAALive.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 PAALive.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 PAALive.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. PAALive.COM
does not sell information regarding its buyer base.
Deployed
Airbags - Vehicles offered by PAALive.COM seller's
may contain deployed airbags that have not been replaced.
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