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Effective January 1, 2006   


BY RENEWING YOUR REGISTRATION or REGISTERING WITH ANY PREMIER AUCTION - BAY AUTO AUCTION, GREAT LAKES RV-MARINE-POWERSPORTS AUCTION, MONTPELIER AUTO AUCTION, EAST TENNESSEE AUTO AUCTION, WISCONSIN AUTO AUCTION OR WESTERN WISCONSIN AUTO AUCTION, YOU ARE CONSENTING TO AND GIVING ALL AUCTIONS YOUR PERMISSION TO CONTACT YOU AND PROVIDE INFORMATION TO YOU AT THE MAILING, E-MAIL ADDRESS(ES), TELEPHONE AND FAX NUMBER(S) PROVIDED BY YOU.
 

General Policies
Only licensed motor vehicle dealers or their duly authorized representatives are eligible to transact business at our auction. We are a dealer only auction and retail customers are not allowed at our facilities unless specified by law.

All sales that are negotiated and/or consummated on our premises must be processed through the auction with full auction fees. Buying vehicles outside of the sale is strictly prohibited and could result in loss of auction privileges.

For safety and insurance purposes, you must be registered with the auction, 18 years old and have a valid driver’s license to be allowed on auction premises.

Factory warranties/ guarantees and the resolution thereof are not within the scope of the auctions operations.

The auction will not accept for sale the following:
1. A VIN plate that has been removed or altered unless reassigned by proper authorities.
2. Unsafe vehicles- as determined by the auction staff.
3. Gray market or vehicles not meeting U.S. standards.
4. Vehicles that do not have a clear USA title.

The policies of this auction are intended to promote fair and ethical treatment to both the Buyer and Seller. If the
auction determines that the transaction is not fair and ethical to either party, the Seller and Buyer agree that the auction may
cancel the sale, at its sole discretion.

Certain sellers may establish arbitration rules that are independent of the Auction’s. These policies are posted and
copies are available upon request. It is the Buyer's responsibility to understand these policies.

The Auction does not guarantee information listed in Electronic Data Vehicle Histories (i.e., Carfax, Auto Check, etc.)
and will not arbitrate solely on EDVH data.

The auction has not verified and makes no representation or guarantees as to the description, equipment, warranties, or odometer on any vehicle sold or offered for sale. The buyer assumes the responsibility to verify all of the seller’s representations, warranties and descriptions and to notify the auction in case of any discrepancy, not later than the closing time of day of sale, or as specified in the guarantees. If information placed on windows by consignor is incorrect, the sale will be voided or the price adjusted at the Auction’s discretion.

Dealer Approval
1. Completed Dealer Registration Form.
2. A copy of the Dealer’s License.
3. Banking and business references.
4. A copy of a driver’s license and a social security card.
5. A Federal tax I.D. #.
6. Copies of Corporate Resolutions reflecting Corporate Officers.

 

Light / Announcement System
 TA - Title Attached, TA – title is not present
 Green Light / Auction Guarantee - Meets conditions for sale under Auction Guarantee.
 Red Light / As-Is – See “As- Is” guidelines.
 Yellow Light / Defect- Announcement exists. Ask auctioneer or ringman. Buyer beware.

Sellers Announcements
Any announcements on the invoice must be placed by the Auction staff prior to vehicle crossing the block. Failure to follow this procedure MAY result in unwind of vehicle. These announcements include:
 Broken Odometer / TMU – (Sellers still must announce Miles Over on TMU if over 100k)
 Fuel Conversion
 Miles Over 100k, 200k, etc.
 Engine Change
 No Published Vin
 Air Bags Missing/ Deployed
 Fire Damage
 Salvage Title
 Flood Damage
 Frame Damage
 Prior-Police, Taxi, Auto Check Discrepancies
 Emission control equipment as manufactured must be present or announced missing.
 4 x 2 Trucks and SUV’s must be announced

Sellers are not required to certify mileage on vehicles that are considered “exempt” under federal law (Sec. 7105,
Public Law 105-178, June 9, 1998), except in cases where the local or state laws supercede the federal requirements. However, Sellers may represent miles on exempt units - any statements made by the Seller and all known odometer discrepancies are grounds for arbitration.

The Seller is responsible for all documented expenses incurred by the Buyer (excluding profit, commissions and detail charges) on vehicles arbitrated for unannounced conditions not detectable through vehicle inspection (i.e. stolen vehicle, odometer, title discrepancy). The Seller has the responsibility to announce any state or local DMV fees, taxes or other fees due on the vehicle.

 

Method of Payment
All vehicles must be paid for on the day of sale or be subjected to applicable late payment fees. Acceptable Methods are:
1. Cash
2. Checks- company or certified, only with prior approval by auction management.
Pay for each car with a separate check. Any returned check will subject buyer to potential suspension or termination of trading privileges at this Auction. Buyer will also be expected to pay all expenses connected with collection of unpaid items.

Late Fees – A late fee of $100 per unit will be assessed for vehicles that are not paid for on sale day and an additional $15 per day after the first 7 days.
Insufficient Funds – A $100 fee will be assessed for each check that is returned by the bank.

 

Buyer Responsibilities
Buyers are encouraged to inspect vehicles prior to the sale. Buyers are responsible to ensure that they are aware of the price the auctioneer is offering. A misunderstanding of the price must be clarified prior to signing the bill of sale. The sale price of the vehicle is not subject for arbitration.

Buyers should put any vehicle that they deem to be misrepresented into arbitration no later than two hours after the sale ends unless otherwise noted. Once a vehicle has permanently left the lot, it is no longer arbitratable for sale day items.

Expenses regarding any mediated vehicle must be in writing, verifiable, reasonable and are the responsibility of the seller. All expense invoices must be turned in at the time of arbitration. Arbitration has sole discretion in determining the validity of any bills submitted for reimbursement.

The Buyer will follow Auctioneer’s cadence on price – any misunderstanding concerning price must be addressed at the drop of the auctioneer’s hammer not following the sale of the vehicle.

 

Sale Day Guarantee Arbitration Guidelines
Arbitration rules excludes mechanical, non-wearable items that can be fixed for $400 (wholesale) or less as determined by the Auction’s Arbitration Department. Cars are sold subject to any and all visible defects. Mechanical labor will be based on the Mitchell Manual.

Vehicles sold under the green light will have no defects in:
 Engine, ABS system, Differential, Transmission, CV joints
 Drive train (Backlash and computers are covered on current model year and one year old vehicles with less than 50,000 miles.)
 Air conditioning guarantee is limited to the compressor clutch engaging only.
 Vehicles will be deemed to have excessive body and paint on current year vehicles only and will be deemed excessive only if three or more side panels or two or more panels, i.e. hood, roof or deck lid are affected.
 Supplemental restraint systems (SRS) are present on all vehicles manufactured with such systems. Any SRS warning lights, which are on or inoperative, must be announced.

Specifically excluded are:
 Brakes, Front ends, Clutches, Electrical System, Fuel System, Steering Components, Universal Joints, Transmission or Power Steering leaks
 Dodge/Jeep/Chrysler differentials

2-Day Guarantee
The following carry a 2-day guarantee. Sale Day is Day 1. Expense reimbursement will be for transportation related expenses only.
 Cracked blocks on Green Light vehicles
 Broken odometers. Mileage will be verified using the auction check in form.

7-Day Guarantee
The following carry a 7-day guarantee. Sale Day is Day 1. Expense reimbursement will be for transportation related expenses only.
 Flood and fire damage.
 Engine changes and fuel conversions not announced on vehicles five model years and newer.
 Missing emission control equipment
 Frame Damage
The auction has elected to follow the frame damage guidelines as set forth by the National Auto Auction Association. Copies of these guidelines are available from dealer registration. In addition, the auction has the following policies regarding frame damage:
1. The term “possible frame “ is not acceptable at the Auction.
2. Lowered vehicles must be announced and are not subject to Frame Damage guarantees if damage is the result of lowering the vehicle only!

Frame Damage Reimbursement Policy on vehicles returned for frame, the auction will only reimburse the buyer for transportation related expenses. Vehicle must be returned to the Auction within 48 hours of notification unless specific arrangements are made for such events as an out of state buyer.

Gray Market Vehicles (Canadian Vehicles)

14-Day Guarantee from receipt of title.
1. Only vehicles made in North America for Canadian use and properly converted to U.S. specifications can be sold. No other Gray Market vehicles are accepted for sale. If a vehicle was manufactured in Canada for the Canadian Market, the Manufacturer is required to obtain and affix a U.S. Safety Standard Certification Label to the vehicle.
2. Sellers must inform the auction that a vehicle is a Canadian vehicle at time of registration and must disclose that to the Buyer in writing as an announced condition on the block ticket.
3. If a vehicle was manufactured in Canada for the U.S. Market, there must be a Manufacturer’s Certification Label affixed to the vehicle. This label must clearly state the vehicle was in conformance with federal safety standards on the date of manufacture.
4. All other vehicles imported from Canada must be imported through a Registered Importer. Registered Importers are required to post a bond with the U.S. Department of Transportation. All vehicles imported through a Registered Importer must have:
a) U.S. Safety Standard Certification Label that identifies the Registered Importer
b) Safety Defect Recall Insurance Policy issued by the Registered Importer. This insurance policy must be with the
vehicle and remain in effect for eight (8) years from the date of issuance by the Registered Importer.
c) Valid U.S. Title
5. All Canadian vehicles, whether imported by a Manufacturer or a Registered Importer, must show miles per hour on the speedometer and miles traveled on the odometer. Title 49, United States Code, Chapter 327, Section 32704, allows replacement of odometers without a doorframe sticker if the conversion from kilometers to miles can be done without changing the distance traveled by the vehicle; therefore, replacement of an odometer under these circumstances does not have to be announced by the Seller.
6. Vehicles must be sold under the yellow light with the following announcements:
a) Previous Canadian vehicle
b) Odometer change (if necessary)
c) Voided or Unaccepted warranties
d) No liens on vehicles

As-Is Vehicles
The following vehicle types are “As-Is”. Look for red lights on these vehicles:
 Frame, flood, and fire damaged vehicles.
 Salvage and previous salvage vehicles.
 True Miles Unknown (TMU) and or broken odometer.
 Push, Video or tow-through units.
Seller may override the “As-Is” and sell the following with an Auction Guarantee.
 Over 100,000 miles,
 Ten model years or older.
 Motor homes, campers, travel trailers and buses.
 Police, taxis, and kit cars.
 Boats, motorcycles, snowmobiles, jet skis, and the “toys”.

Exempt Mileage Announcements
Some states do not recognize the announcement of “Exempt” as applied to an odometer statement. If you buy a vehicle with an “Exempt” odometer disclosure and intend to retail or title this vehicle be advised that the title you obtain may bear an odometer brand of “Not Actual Mileage.” This is the policy of the State of Ohio and some other states and will not serve as a reason to arbitrate the vehicle. Buyer Beware! The Exempt announcement does not cover odometers that have been changed or tampered with.

 

Offers and Outside Sales
All vehicles consigned to the sale must cross the block prior to an offer being approved by the auction. Vehicles sold off-the-block or on an offer, will be sold the same as on the block unless stipulated in writing by the seller and agreed to by the buyer. Off block deals are not final until both the buyer and the seller consummate the transaction. Once an offer has been made the buyer should consider the deal completed unless advised to the contrary by the auction. The appropriate sale fees are due to the auction on any transaction when contact is made on the auction premises whether or not the vehicle is sold on the auction block.

 

Title Policy
The Auction guarantees the title of vehicles that are sold through the Auction. This guarantee of the title warrants that title shall be marketable and free and clear of all liens and encumbrances, including any brand such as ‘salvage,’ noted upon the current or any prior certificate of title, at the time the vehicle is sold through the Auction and for a period of 60 days from the date of the auction sale. The Auction's liability under this title guarantee shall never exceed the auction sale price of the vehicle and this maximum amount shall be reduced by 2% per month following the auction sale date. Buyers are cautioned not to sell or spend money on any vehicle until the title is received. The Auction will not be responsible for any expenses incurred on vehicles returned for late title.

TA – Vehicle Return Policy
Sale Day is Day One for all auctions. There will be no expense reimbursements for this rule. Buyer must give a 24-hour notice before returning vehicle to the auction (3 Days in Tennessee).
 Wisconsin and Ohio - Seller has 15 days to produce title.
 Michigan - Title must be present on sale day unless announced at the block.
 Tennessee - Seller has 30 days to produce title. Buyer must give 3-day notice to return vehicle.

Internet/Online Sales
 Online Sale Day is the day when the vehicle is delivered to the buyer’s lot – Not to exceed 7 days. The buyer has 24 hours for sale day arbitration.
 Substandard paintwork must be announced on Internet sales within 5 model years.
 

 

Bay Auto Auction
Tuesday at 10:00 am
989-891-9570

Great Lakes RV- Marine - Powersports Auction
Every Second Tuesday of the month at 9:45 am
989-891-9570

Montpelier Auto Auction Wednesday at 9:30 am
419-485-3101
 

East Tennessee Auto Auction Thursday at 10:00 am
423-348-8419
 

Wisconsin Auto Auction Friday at 10:00 am
920-269-2181



 

Visit our website for updates and revisions to the general policies and arbitration rules.