POLICIES, RULES, TERMS AND CONDITIONS
- All buyers and sellers must be registered with IPAA before transacting business.
- All sales are solely between Buyer and Seller.
- No representations about the vehicle are intended by either “IPAA” or any third parties.
- All transactions must clear through office.
- Payment in full is expected the day of sale. “IPAA” accepts cash, cashiers’ check, credit card, or a pre-approved company check. (We do not accept personal checks). Company checks are only accepted when a letter of credit is on file and/or upon pre-approval of “IPAA” management. Acceptance of company checks are at the sole discretion of the Auction. Late fees will be assessed for non-compliance.
- “IPAA” does not guarantee, has not verified and makes no representations as to odometer, description, equipment or warrantees to any vehicle offered for sale or sold at “IPAA”. It is the responsibility of the buyer to verify any and all of the sellers descriptions and representations. If the buyer believes there is any discrepancy it is the buyers responsibility to notify the Arbitration Department of “IPAA” on the day of the sale.
- “IPAA” places information on the windshield or other areas of the vehicle for reference and convenience only. This information is not a representation or a condition of sale, and is not subject to arbitration.
- It is the responsibility of the Seller to verify any information on the windshield such as; year, model, mileage, etc.
- “Open” titles will not be accepted by “IPAA”. Titles must be in the name of the Seller.
- The Seller will be paid by “IPAA” after the Buyer has approved and/or paid for their purchase.
- Until the Buyer has paid for their purchase, Buyer grants a security interest in the vehicle to “IPAA”. A “purchase money” security interest and an authorization for “IPAA” to file a security agreement, is granted by the “Terms of Sale” appearing on the reverse side of the Auction Ticket.
- “IPAA” makes no guarantee as to year, model, block or frame on any specialty unit, motorcycle or boat.
- Vehicles with missing or altered VIN plates, (unless re-issued by the BMV) and vehicles that do not have clean US titles will not be accepted for consignment.
- “If Sales”. Buyer who places highest bid may be required to wait for “IPAA” to get in touch with Seller. These “If Sales” are conditional sales pending Seller approval. Seller has until 2:00 PM the following business day to decide on sale at which time buyer may retract bid or wait until seller decides whether to accept, reject or counter.
- With respect to each and every vehicle at the auction customer agrees that:
- Customer has inspected the vehicle prior to bidding and will accept the vehicle in its present condition.
- Customer will pay Auction the purchase price of the vehicle, plus any taxes and fees, in cash
- Auction may require customer to give a partial payment before the sale. Customer agrees to forfeit partial payment if customer agrees to purchase vehicle (by being the high bidder and having auctioneer proclaim “sold”) then cannot or refuses to pay or sign auction ticket.
- Customer is responsible for vehicle once auctioneer proclaims vehicle “sold”
- Customer may not remove vehicle from auction until paid in full.
- IPAA does not guarantee factory or third party warranties
- Vehicles registered for auction shall have adequate fuel. If fuel is added by auction for transporting or running vehicles through the auction, seller shall be charged $6.00 per gallon, minimum (2) two gallons.
- Buyer assumes responsibility for bids of all guests, family, and anyone who accompanies to auction.
- The right to interpret policies and to decide disputed issues is reserved by “IPAA” management. The “Auction Ticket”, where applicable, will be the overriding factor in such disputes.
- Decisions of “IPAA” management are binding and final.
CONDITIONS OF SALE
All vehicles are sold by “IPAA” “As-Is”.
Certain representations made by Seller at time of Auction may be grounds for arbitration.
“IPAA” utilizes a “Light System” to denote certain conditions of sale. Be certain you understand the conditions of sale of before bidding on any vehicle at auction.
The following “Light System” will be used for the announced conditions.
Green Light – Seller Guarantee
The green light is a representation by the Seller that the power train is free of major defects (transmission, block, crankshaft and rear end). Heads, valves, pistons and camshafts (i.e. smoking, overheating, misfire, cam/valve train noise) are NOT guaranteed.
Red Light – “AS-IS”
The red light on denotes that the vehicle being sold is offered without a vehicle guarantee of any kind. A clear title is the only guarantee from the Seller. Certain classes of vehicle are sold “As-Is” only, included in this class is:
- Vehicles, regardless of model year, with in excess of 100,000 miles, unless announced otherwise.
- Any vehicle disclosed as TMU (True Miles Unknown).
- Vehicles with inoperable or replaced odometer.
- Flood, fire or frame damage vehicle.
- Units pushed or towed through the auction lane.
- Rebuilt, salvage or prior salvage vehicle.
- Police, taxi, government or other commercial vehicles.
- RV’s, boats, motorcycles, jet skies, buses and any specialty units.
- Vehicles selling for $600.00 or less are sold “As-Is” regardless of the condition announcement of the Seller, Odometer discrepancies, frame damage or Air Bags are not subject to arbitration.
- All transactions consummated “off the block” are exempt from any auction guarantees, are sold “As-Is” and are not subject to arbitration.
Yellow Light – Announcement
If the “Announcement” light is on be certain that you pay close attention to the auctioneer as he will be providing all potential bidders with important information in regards to the unit being offered for sale. Before placing a bid you should satisfy yourself that you have understood and are comfortable with the announcement made by the auctioneer. If you are unclear as to the announcement or wish additional information you should get the attention of the auctioneer or “ring man” and ask your question. They will be happy to help.
The following disclosures must be announced at the time of sale. The disclosures must be recorded on the Auction Ticket. It is the responsibility of the Seller to verify auction ticket information. IPAA assumes no responsibility for any claims or representations made directly from Seller to Buyer.
- Factory Buy Backs (Lemon Law)
- Frame, flood or fire damage.
- Commercial, municipal or government vehicles.
- True Mileage Unknown (TMU) vehicles. Vehicles with replaced, unreadable or inaccurate odometers. (See Odometer Policies)
- Vehicles with Five (5) digit odometers with miles in excess of its mechanical units. (See Odometer Policies)
- “Lowered Vehicles” – Announced “lowered vehicles” are not subject to frame damage arbitration.
- Removed Emission Control System on 1975 and newer vehicles.
- Reassigned VIN numbers.
- Vehicles with air bags missing, removed, or deployed.
ODOMETER MILEAGE POLICY
- Unless disclosed/announced otherwise vehicles over 10 model years old will be sold “mileage exempt”.
- Vehicles with five (5) digit odometer readings in excess of its mechanical units must be disclosed/announced.
- True Miles Unknown (TMU) vehicles must be announced by the Seller or the vehicle is subject to arbitration.
- Vehicles sold for $600.00 or less are not subject to arbitration for mileage issues.
- Odometer discrepancies have a two (2) business day guarantee. Sale day is day one.
FRAME DAMAGE POLICY
- Seller’s Disclosure Requirements – Seller must disclose structural damage, repairs or replacements as outlined in this policy prior to selling a vehicle at auction. The recommended declarations are:
- Structural Damage – The vehicle has structural damage and/or repairs and will not be subject to arbitration.
- Certified Structural Repairs – The vehicle has sustained damage to a specifically identified structural component, which has been repaired, and the vehicle has been certified to be within the Used Vehicle Measurement Standard (UVMS). The vehicle, if properly announced, may be arbitrated only for improper repair of the designated area, existing damage or repairs to other areas, or failure to be within the UVMS.
- Structural Alteration – The vehicle has an altered frame or unibody as specifically announced. The vehicle can be arbitrated only for damage or repairs to structural components other than those disclosed or in the event of improper alteration. Such a disclosure should be made for the following alterations, unless they are clearly obvious by the appearance of the vehicle.
- Frame lengthened or shortened.
- Suspension altered.
- After market accessories installed/removed.
- Seller’s Disclosure Not Required – No declaration will be required for existing insignificant damage or repairs thereof. Insignificant damage is defined as:
- Damage due to transport tie-down if less than 1″, improper jacking or lifting or contact with parking abutments and or road debris, provided that the vehicle is within the UVMS.
- Measurement of Vehicle – “IPAA” will, at its discretion, have a vehicle measured at a facility of its choice. Prior to measurement a vehicle must first visually indicate a physical condition to warrant the measurement. Purchaser will agree to pay for this measurement if the vehicle is within the UVMS. Seller will be responsible for charges if the vehicle is found to be beyond the UVMS.
- Undisclosed Structural Damage or Repair – A vehicle may be arbitrated if it has undisclosed existing or repaired damage, which should have been disclosed under this policy, even though the vehicle is within the UVMS.
- Arbitration Period – Buyer must arbitrate improperly disclosed structural damage within two (2) business days from date of purchase. Sale day is day one.
- Buyer’s Reimbursement by Seller – In the event of improperly disclosed structural damage the Seller will be responsible to reimburse the Buyer for:
- The actual price of the vehicle.
- The Buyer’s Fee.
- Measurement and arbitration fees incurred at the auction.
- Reasonable transportation costs incurred transporting the vehicle to and from the Buyer’s dealership.
- Post-sale inspection fees remain the responsibility of the buyer.
STRUCTURAL DAMAGE POLICY CLARIFYING POINTS
- Towing packages do not require announcement.
- Access holes for Paintless Dent Removal do not require announcement if 1/4″ or smaller.
- Damaged or replaced core supports are not arbitral under this policy.
- Welded exhaust hangers are not arbitral under this policy.
- Roofs that have been re-skinned do not require disclosure. Roofs that have been cut off or removed and repaired must be disclosed.
- Quarter panel, rocker panel, floor pan, etc. Damage to a ladder or perimeter frame vehicle is not structural damage and does not require disclosure.
“IPAA” encourages Buyers to inspect vehicles prior to purchase. It is the responsibility of the Buyer to be certain they are aware of the price being offered. The sale price of a vehicle is not subject to arbitration.
The guarantees in the “Terms Of Sales” are guarantees of the Seller and not of Indiana Public Auto Auction, Inc.
The Auction provides arbitration services to mediate and resolve disputes between Buyers and Sellers.
Any vehicle a Buyer believes has been misrepresented should be put into arbitration immediately.
When a vehicle is announced as “Salvage” or “Major Damage History” it may only be arbitrated for odometer discrepancies.
Conditions of Sale – Purchasers have one (1) hour to inspect and arbitrate a vehicle. Exceptions are listed below.
“If Sales” – Are binding on the Buyer until 2:00pm the following business day or until confirmed with the seller.
Title Absent – Seller has twenty-one (21) days to produce a title. The purchaser is advised:
- Not to damage vehicle.
- Not to sell vehicle until title is received.
- Not to put excessive mileage on vehicle.
- Not to spend money on vehicle
- *If the title is not produced by the 21st day, it is the purchasers’ option to return the vehicle (per the 21 Day Affidavit, State Form 46633) or to wait additional time for the title. (See Vehicle Return Procedures).
Odometers – Odometers discrepancies carry a two (2) day business day guarantee. Sale day is day one.
Cracked Blocks – Unless previously discloded cracked blocks have a two (2) business day guarantee. Sale day is day one.
Flood or Fire Damage – Unless previously disclosed flood or fire damaged vehicles have a two (2) business day guarantee. Sale day is day one.
Frame Damage – Unless previously disclosed frame damage vehicles have a two (2) business day guarantee. Sale day is day one.
Air Bags – Unless previously disclosed, deployed, removed or missing air bags have a two (2) business day guarantee. Sale day is day one.
Fuel Conversions – Unless previously disclosed fuel conversions on vehicles within five (5) years current model year have a two (2) business day guarantee. Sale day is day one.
Emissions Control Systems – Unless previously disclosed vehicles with a removed Emissions Control System have a two (2) business day guarantee. Sale day is day one.
Previous Salvage or Previous Rebuilt title on vehicle – Unless previously disclosed, vehicles with Previous Salvage or Previous Rebuilt title have a two (2) business day guarantee. Sale day is day one.
Auction assumes all transactions final and all recourse removed twenty-one (21) days after sale. Sale day is day one. Except for vehicles on which buyer chooses to wait for title.
PROCEDURES TO RETURN VEHICLE
Arrangements must be made with “IPAA” Title department twenty-four (24) hours prior to returning vehicle. If the Auction receives or has mailed titled prior to the return of the vehicle the Purchaser is obligated to keep vehicle.
The Auction has the right to refuse the return of any vehicle it deems has excessive damage or mileage.
In the event the Purchaser fails to return a vehicle at the specified time, the arrangement will be cancelled and the sale will be reinstated.
“IPAA” places great importance on the safety of its customers and personnel and reserves the right to perform security checks. Security checks include personal property, not limited to, briefcases and handbags.
All vehicles must present a “gate pass” when leaving the auction lot and are subject to inspection, including glove compartment and trunk.
Keys must be with a vehicle on the auction lot. If keys must be made the vehicle owner will be responsible for all charges.
IPAA is not responsible for unauthorized persons on the lot.
Except for losses caused by negligence or willful misconduct of the auction or its employees the auction shall not be responsible to you for any theft, conversion, loss, damage, claim, expense (including full reasonable legal fees), suit or demand (collectively “Loss”) arising out of, based upon, or resulting from the possession, transportation, use, storage, or operation of vehicles by auction or its agents.