Buyer Agreement and Auctions Rules
Registration and Bidding
Eligibility - Individuals wishing to register with IAA must be 18 years of age or older and meet all requirements imposed by federal, state, and local government laws and regulations. Entities wishing to register with IAA must meet all requirements imposed by federal, state, and local government laws and regulations. In addition, IAA site-specific registration requirements will apply. IAA reserves the right to deny or cancel Buyer’s account at any time for any reason or for no reason at all with or without notice.
Registration - Any individual or entity wishing to bid at IAA, either in person or via the Internet, must complete IAA’s buyer registration process, which includes a buyer registration form, proof of identity (driver's license, state ID, passport, etc.), proof of required licensing, if applicable, and payment of the applicable registration fee. To gain access to bid in facilities not open to the public, either in person or via IAA’s Website, copies of current licenses and completed sales tax exemption certificates must be submitted to and accepted by IAA. Membership must be renewed annually by verifying accuracy of current Buyer information on file and paying the appropriate registration fee. Licenses must be renewed and submitted to and accepted by IAA prior to account expiration to retain active buyer status. Buyer agrees to direct any questions regarding vehicles to IAA. Buyer agrees not to direct such questions to the vehicle consignors unless directed to do so by IAA in writing.
Authorized Bidders - Businesses may authorize additional buyers to place bids on behalf of their company if allowed by applicable law. The completion of the Additional Bidder Request Form and payment of an additional fee is required to activate bidding privileges for these individuals. Limits as to the number of additional buyers on an account may be imposed at the sole and absolute discretion of IAA. IAA’s system will not prevent multiple bidders from the same company from bidding against each other before or during the auction. All bidders assume full responsibility for each of their bids, regardless of who they are bidding against, including anyone from within their own organization.
Guests - Most IAA facilities will allow guest admittance to its auctions to individuals 18 years or older. Guests must be accompanied by a registered Buyer and purchase a guest pass valid for one-time admittance. Guest passes must be displayed at all times. Guest passes allow admittance, but do not extend buying privileges. Only registered Buyers in good standing may bid on vehicles. Please confirm the guest policy with the applicable IAA branch office or other facility (“Facility”) prior to a visit.
ID Cards - IAA will issue ID cards at the time of registration. Replacement of lost or stolen cards will be available upon payment of a replacement card fee. IAA ID cards remain the property of IAA. ID card must be surrendered at the request of IAA. Admittance to the sale area will only be permitted upon presentation of valid ID card. ID card must be displayed at all times while on IAA premises.
Account Responsibility - Buyers are responsible for all transactions on their account, including, without limitation, all live bids placed by authorized bidders and bids submitted through IAA's Auction Center 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 IAA advising of such unauthorized use.
Buyer Account Cancellation - IAA reserves the right to suspend or revoke the buying privileges of a Buyer for any reason or no reason at all with or without notice. Once IAA suspends or revokes a Buyer’s account, Buyer shall not set up another account with IAA until the suspended or revoked account is reactivated.
Compliance with Laws and Terms and Indemnification - Buyers shall comply with all applicable laws related to their use of IAA’s services. BUYER SHALL DEFEND, INDEMNIFY AND HOLD IAA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES, AFFILIATES AND VEHICLE PROVIDERS (COLLECTIVELY “IAA INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITY, FINES, JUDGMENTS, OR LOSSES ARISING OUT OF OR RELATED TO BUYER’S FAILURE OR ALLEGED FAILURE TO COMPLY WITH APPLICABLE LAWS OR THE TERMS OF THE BUYER AGREEMENT.
Release of Liability and Indemnification for Injuries and Property Damage – BUYER ACKNOWLEDGES THAT IAA’S FACILITIES CONTAIN HAZARDS TO PERSON AND PROPERTY. FOR EXAMPLE, IAA UTILIZES LOADERS WHICH MAKE INDIVIDUALS AND PROPERTY DIFFICULT TO SEE. IAA’S VEHICLE INVENTORY CONTAINS POTENTIALLY DANGEROUS PARTS THAT COULD CAUSE INJURY. IAA’S FACILITIES CONTAIN UNEVEN SURFACES AND ARE OPEN YEAR ROUND IN INCLEMENT WEATHER CONDITIONS, WHICH COULD MAKE WALKING DIFFICULT. KNOWING THESE AND OTHER RISKS INHERENT IN IAA’S OPERATIONS, BUYER FULLY ASSUMES ALL RISKS ASSOCIATED WITH ACCESSING IAA’S FACILITIES. BUYER AND ANY EMPLOYEE, CONTRACTOR, AGENT, CUSTOMER OR GUEST OF BUYER OR USER UNDER THE BUYER’S ACCOUNT (COLLECTIVELY “BUYER REPRESENTATIVES”) IRREVOCABLY AND UNCONDITIONALLY WAIVE AND RELEASE THE IAA INDEMNIFIED PARTIES FROM ANY AND ALL DAMAGES, LOSSES, LIABILITIES, COSTS OR EXPENSES ARISING OUT OF CLAIMS FOR BODILY INJURY, PROPERTY DAMAGE, OR OTHER OCCURRENCE ON IAA'S PREMISES WHETHER CAUSED BY IAA’S OWN NEGLIGENCE OR OTHERWISE. BUYER UNDERSTANDS THAT THIS IS A GENERAL RELEASE AND INTENDS TO BE LEGALLY BOUND BY IT. BUYER AND BUYERS REPRESENTATIVES WAIVE CALIFORNIA CIVIL CODE §1542 (OR SIMILAR PROVISIONS UNDER THE LAW OF ANY OTHER JURISDICTION), WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." FURTHERMORE, BUYER AGREES TO INDEMNIFY, DEFEND, AND HOLD IAA INDEMNIFIED PARTIES HARMLESS FROM ANY AND ALL DAMAGES, LOSSES, LIABILITIES, COSTS OR EXPENSES, ARISING FROM OR RELATED TO CLAIMS MADE BY BUYER REPRESENTATIVES FOR BODILY INJURY OR PROPERTY DAMAGE OCCURRING ON IAA'S PREMISES WHETHER CAUSED BY IAA’S OWN NEGLIGENCE OR OTHERWISE.
Cost Calculator an Estimate - The Cost Calculator is intended to assist buyers in estimating total costs and is neither a quote nor offer of finance. There can be no assurance that the estimate provided will be current or correct, and this tool should not be relied upon as the final calculation or verification of total fees. IAA makes no representations or warranties, either express or implied, whatsoever about the functionality or accuracy of this calculator and accepts no liability arising out of your use of or access to this calculator including, without limitation, any errors or omissions. Buyers who choose to use this tool remain responsible for paying all required fees.
Awarded Vehicle/Sale Cancellation/Release and Indemnification for Auction Errors – Any award of a vehicle to the highest bidder is subject to approval by the vehicle’s consignor. IAA reserves the right to, at any time, in its sole and absolute discretion and with or without notice, rescind, postpone or cancel a sale or withdraw an awarded vehicle at any time before Buyer receives the assigned title. Without limiting the foregoing, IAA also has the right to withdraw, void or cancel any bids or sales placed for vehicles listed at incorrect prices or that are affected by any IAA error or omission as determined by IAA in its sole and absolute discretion. This includes but is not limited to, incorrect minimum bids set on vehicles and incorrect sale prices set for I-BUY FAST vehicles. BUYER IRREVOCABLY AND UNCONDITIONALLY WAIVES AND RELEASES IAA INDEMNIFIED PARTIES FROM ANY AND ALL DAMAGES, LOSSES, LIABILITIES, COSTS OR EXPENSES AND CLAIMS THEREOF ARISING OUT OF IAA’S CANCELLATION OR POSTPONEMENT OF A SALE, WITHDRAWAL OF AN AWARDED VEHICLE, OR THE RESCISSION OF A SALE WHETHER CAUSED BY IAA’S OWN NEGLIGENCE OR OTHERWISE. BUYER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS IAA INDEMNIFIED PARTIES FROM ANY AND ALL DAMAGES, LOSSES, LIABILITIES, COSTS OR EXPENSES ARISING FROM OR RELATED TO CLAIMS OF BUYER REPRESENTATIVES RELATED TO IAA’S CANCELLATION OR POSTPONEMENT OF AN SALE, WITHDRAWAL OF AN AWARDED VEHICLE, OR THE RESCISSION OF A SALE.
Negotiations: Reserve Not Met - All vehicles offered at auction are “with reserve” meaning the sale is subject to the consignor’s approval and may be subject to a minimum bid amount that must be met before a consignor will approve the sale of a vehicle to Buyer. In the event a reserve requirement is not met and/or the sale of a vehicle has not been approved by the consignor prior to the auctioneer closing bids, IAA reserves the right to present counteroffer(s) to Buyer in an attempt to negotiate a sale between the consignor and the Buyer.
Negotiations: Proxy and Rapid Bids - Buyer has the ability to enter a pre-auction Proxy Bid or a Rapid Bid at the time of the auction whereby Buyer sets a maximum bid amount that Buyer is willing to pay for the vehicle. The Proxy/Rapid Bid allows the System to bid on the Buyer’s behalf from the opening bid up to the Buyer’s maximum Proxy/Rapid Bid amount. In the event a reserve requirement is not met prior to the auctioneer closing bids, Buyer consents to the consignor presenting a counteroffer(s). If consignor’s counteroffer is within the maximum Proxy/Rapid Bid amount set by Buyer, Buyer consents to the System automatically accepting the consignor’s counteroffer amount. Once the consignor’s counteroffer is accepted by the System, Buyer will be awarded the vehicle subject to the rules herein.
I-BUY FAST Vehicles - On occasion, IAA may offer vehicles on its I-BUY FAST platform allowing vehicles to be purchased outside of an auction format. Buyer acknowledges that these Auction Rules apply to I-BUY FAST vehicles.
Tie Bid Policy - Should a tie occur between a Proxy Bid and a bidder attending the live auction, the live bidder will be awarded the vehicle.
Bid Rejection - IAA reserves the right to reject or void bids at any time for any reason. Should a dispute arise regarding a bid, IAA is the only deciding authority with sole and absolute discretion in resolving disputes.
Payment and Pickup
Fees - A “Buyer Fee” will be charged for each vehicle sold. Other fees may also apply. Fees may vary by Facility. It is the sole responsibility of the Buyer to verify fees charged by any IAA Facility prior to incurring such charges. All fees are subject to change without notice.
Payment - Payment for any vehicle awarded is due within 3 working days (auction day plus 2 working days, i.e., if auction is on Monday, payment is due by close of business on Wednesday). Vehicles not paid for within the specified timeframe will be subject to a Late Fee of $50 or 2% of the selling price of the vehicle, whichever is greater. Payment for vehicles may be made by wire transfer, cashier's check, money order, or credit card (additional rules apply). Credit card payments will be subject to a convenience fee. Company checks will only be accepted with prior written approval by IAA. Restitution for any checks returned to IAA for any reason will need to be received within two working days. Any check returned for NSF will be subject to IAA's NSF processing fee. Buyer shall be liable for, and agrees to reimburse IAA for, any and all collection costs associated with NSF payments, credit card charge backs and other past due accounts, including but not limited to collection agency fees and/or attorney's fee and court costs.
Sales Tax Indemnification - BUYERS PURCHASING VEHICLES FROM IAA UNDER A SALES TAX EXEMPTION CERTIFICATE AGREE TO INDEMNIFY, DEFEND AND HOLD IAA INDEMNIFIED PARTIES 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 fails to pay for a vehicle within 9 business days of sale, Buyer agrees to pay IAA the Renege Fee of $1000 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 may have bidding privileges revoked.
Vehicle Loading - Service Fee applies. Buyer understands that the loading process is fraught with danger to person or property because it involves lifting a vehicle with forklifts and placing the vehicle on a transporter. The forklifts could cause damage to the vehicle. The loader could drop the vehicle causing injury to persons or property. Buyer is responsible for directing the load onto the transport and securing the load. BUYER IS SOLELY RESPONSIBLE FOR PREVENTING DAMAGE TO THE TRANSPORT OR VEHICLE AND SECURING THE LOAD. KNOWING THESE AND OTHER RISKS INHERENT IN IAA’S LOADING PROCESS, BUYER FULLY ASSUMES ALL RISKS ASSOCIATED WITH IAA’S LOADING SERVICES AND BUYER IRREVOCABLY AND UNCONDITIONALLY WAIVES AND RELEASES IAA INDEMNIFIED PARTIES FROM ANY AND ALL DAMAGES, LOSSES, LIABILITIES, COSTS OR EXPENSES ARISING OUT OF CLAIMS FOR BODILY INJURY, PROPERTY DAMAGE, OR OTHER OCCURRENCE DURING THE LOADING PROCESS WHETHER CAUSED BY IAA’S OWN NEGLIGENCE OR OTHERWISE. BUYER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS IAA INDEMNIFIED PARTIES FROM ANY AND ALL LOSSES, CLAIMS, DEMANDS, OR LAWSUITS RESULTING FROM OR RELATING TO THE LOADING PROCESS OF BUYER’S VEHICLE.
Vehicle Pickup - Vehicles must be picked up within the time allowed by the branch where the vehicle is located. If not picked up within specified timeframe, Storage Fees will be charged per day/per vehicle. Vehicles can only be picked up during yard hours. IAA urges successful bidders to pick up their vehicles immediately after the sale to ensure their protection. Vehicles remaining at IAA's Facility after the sale date will be at the sole risk of the Buyer. Risk of loss on a purchased vehicle passes to the Buyer once the vehicle has been awarded to the Buyer. BUYER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS IAA INDEMNIFIED PARTIES FROM ANY AND ALL LOSSES, CLAIMS, DEMANDS, OR LAWSUITS RESULTING FROM DAMAGE TO AN AWARDED VEHICLE TO BUYER.
Collections - Buyer agrees to pay IAA’s reasonable attorney’s fees and costs in seeking collection (whether or not a lawsuit is filed) for any amounts due to IAA which have not been paid after written demand from IAA to buyer.
1. No one under the age of 18 allowed access to IAA Facilities.
2. The use of cameras at IAA Facilities is prohibited.
3. Briefcases, backpacks, purses, and any like packages are not allowed in the sale area.
4. Repairs or work on vehicles on or around any IAA Facility is strictly prohibited.
5. Any damage to IAA property by Buyer or Buyer Representatives will be charged to Buyer.
6. Anyone caught stealing, removing parts, taking keys, or damaging vehicles will be arrested and prosecuted to the fullest extent of the law. Buyer acknowledges that IAA Facilities are monitored by video surveillance. By entering IAA premises Buyer consents to such monitoring and the disclosure and use of resulting recordings for IAA’s purposes.
Online Bidding Terms and Conditions
Logins - Buyer will receive an IAA Online Bidding Login ID ("Login") and a default password ("Password"). Buyer is responsible for changing the default Password for its Login and maintaining the confidentiality of its Password. Buyer is fully responsible for all bids placed with its Login and for any/all charges, which may accrue to Buyer’s account. Buyer agrees that Buyer’s Login will only be used by or disclosed by Buyer to duly authorized employees/agents on Buyer’s account. Payment responsibility remains with Buyer for all bids placed by Buyer and Buyer’s authorized bidders via Buyer’s Login. Buyer agrees to immediately notify IAA of any unauthorized use of Buyer’s Login or any other potential or actual breach of System security. Buyer agrees to exit from the System at the end of each session to minimize the possibility of an unauthorized person using Buyer’s Login. Buyer’s Login and account cannot be transferred or assigned to any other person or entity.
Online Bids/Suspension - Buyer acknowledges that once the System accepts an online bid, it cannot be deleted but can be reduced to the current high bid amount. Please be careful when placing bids. Buyer acknowledges that IAA reserves the right, in its sole discretion, to delete, disable or suspend Buyer’s Login at any time with or without notice for any reason including, but not limited to, non-payment or late payment of any money due IAA, failure to claim a vehicle, or expired registration or license. Buyer further acknowledges that IAA 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.
Online Bidding Fee – An Online Bidding Fee will be added to the total purchase price for each vehicle purchased via the System from a live auction Facility in addition to other fees that may apply.
Disclaimers of Liability
PLEASE READ CAREFULLY AS THE FOLLOWING PROVISIONS AFFECT A BUYER’S LEGAL RIGHTS AGAINST IAA. BY REGISTERING WITH IAA AS A BUYER AND PRIOR TO PLACING A BID AT AUCTION, BUYER WARRANTS THAT BUYER HAS READ AND UNDERSTANDS THE FOLLOWING CONDITIONS OF SALE AND AGREES TO BE BOUND BY THEM.
1. ALL VEHICLES SOLD THROUGH IAA'S AUCTIONS 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 MERCHANTABILITY.
2. IAA MAKES NO WARRANTY OR REPRESENTATION AS TO THE CONDITION OF ANY VEHICLE OR ANY OF ITS COMPONENT PARTS WHEN IAA PROVIDES INFORMATION ABOUT A VEHICLE FOR SALE.
3. IAA MAKES NO WARRANTY OR REPRESENTATION FOR, AND UNDERTAKES NO DUTY TO CONFIRM THE ACCURACY OR COMPLETENESS OF, ANY INFORMATION PROVIDED IN ORAL, WRITTEN OR IMAGE FORM TO BUYER REGARDING ANY VEHICLE FOR SALE.
4. IT IS THE SOLE RESPONSIBILITY OF THE BUYER TO ASCERTAIN, CONFIRM, RESEARCH, INSPECT, AND/OR INVESTIGATE ANY VEHICLE FOR SALE PRIOR TO PLACING A BID. BUYER EXPRESSLY AGREES NOT TO BASE A BID ON INFORMATION PROVIDED BY IAA. THIS INFORMATION INCLUDES, BUT IS NOT LIMITED TO, THE YEAR, MAKE, MODEL, VIN, MILEAGE, ODOMETER DISCLOSURE, TITLE, AIRBAGS, VEHICLE’S CONDITION, ACTUAL CASH VALUE, ESTIMATED REPAIR COST, DAMAGE TYPE, IMAGES, SALE DOCUMENT, WHETHER THE VEHICLE HAS A CATALYTIC CONVERTER OR KEYS AND WHETHER OR NOT A CAR STARTS OR RUNS. BUYER UNDERSTANDS THAT IAA IS NOT RESPONSIBLE FOR MILEAGE OR ODOMETER DISCREPANCIES.
5. ANY STATEMENT THAT ANY VEHICLE HAS A PARTICULAR PART, INCLUDING BUT NOT LIMITED TO “KEYS PRESENT” MEANS THAT A PARTICULAR PART WAS NOTED UPON ARRIVAL AT IAA’S FACILITY BUT IS NOT A REPRESENTATION OR WARRANTY THAT SUCH PART WILL BE PRESENT AT ANY TIME THEREAFTER. IAA IS NOT RESPONSIBLE FOR MISSING PARTS. IT IS THE BUYER’S RESPONSIBILITY TO INSPECT AND CONFIRM THE NOTED PARTS ARE PRESENT PRIOR TO PLACING A BID AND AGREES NOT TO PLACE A BID BASED UPON ANY INFORMATION PROVIDED BY IAA.
6. ANY STATEMENT THAT A VEHICLE STARTS (SUCH AS THROUGH A ‘"Y” UNDER THE “STARTS” COLUMN) MEANS THAT THE VEHICLE WAS STARTED (EITHER WITH OR WITHOUT A JUMP) UPON ARRIVAL AT IAA’S FACILITY. IT IS NOT A WARRANTY OR REPRESENTATION THAT THE VEHICLE WILL START OR RUN AT ANY TIME THEREAFTER OR THAT THE VEHICLE IS ROADWORTHY.
7. ANY STATEMENT THAT A VEHICLE RUNS OR DRIVES (SUCH AS THROUGH AN AUCTION NOTATION “RUN AND DRIVE”) MEANS THAT THE VEHICLE STARTED (EITHER WITH OR WITHOUT A JUMP) AND WAS PLACED INTO GEAR AND PULLED FORWARD UNDER ITS OWN POWER AT THE TIME OF ARRIVAL AT IAA’S FACILITY. IT IS NOT A REPRESENTATION OR WARRANTY THAT IT WILL DO SO ANY TIME THEREAFTER OR THAT THE VEHICLE IS ROADWORTHY. IT IS THE BUYER’S SOLE RESPONSIBILITY TO ASCERTAIN, CONFIRM, RESEARCH, INSPECT AND/OR INVESTIGATE ANY VEHICLE FOR SALE PRIOR TO PLACING A BID.
8. ANY STATEMENT THAT AIR BAGS ARE INTACT (SUCH AS THROUGH AN AUCTION NOTATION “INTACT” AIRBAGS) MEANS THAT THE AIRBAGS APPEARED NOT TO BE DEPLOYED UPON ARRIVAL AT IAA’S FACILITY. IT IS NOT A WARRANTY OR REPRESENTATION THAT THE AIRBAGS ARE IN FACT PRESENT OR OPERATIONAL. IAA DOES NOT INSPECT OR CONDUCT TESTING ON THE AIRBAGS TO ENSURE THAT THE AIRBAGS ARE IN FACT PRESENT OR OPERATIONAL. BUYER ACKNOWLEDGES AND AGREES THAT VEHICLES OFFERED BY IAA MAY CONTAIN DEPLOYED AIRBAGS THAT HAVE NOT BEEN REPLACED. IT IS THE BUYER’S SOLE RESPONSIBILITY TO ASCERTAIN, CONFIRM, RESEARCH, INSPECT AND/OR INVESTIGATE ANY VEHICLE FOR SALE PRIOR TO PLACING A BID.
9. A GENERAL STATEMENT REGARDING THE LOCATION OF THE VEHICLE’S DAMAGE SUCH AS “FRONT END DAMAGE” OR “REAR END DAMAGE” IS NOT INTENDED TO BE INCLUSIVE OR EXHAUSTIVE OF ALL OF THE DAMAGE THE VEHICLE HAS SUFFERED.
10. THE IMAGES OF THE VEHICLE THAT IAA PROVIDES ARE NOT INTENDED TO EXHAUSTIVELY DISPLAY THE CURRENT CONDITION OF THE VEHICLE. IAA MAKES NO WARRANTY OR REPRESENTATION ABOUT THE CONDITION OF THE VEHICLE BY PROVIDING THESE IMAGES.
11. IN ACCORDANCE WITH APPLICABLE STATE LAW, BUYER ACKNOWLEDGES AND AGREES THAT VEHICLES SOLD WITH A CLEAR TITLE MAY HAVE A SALVAGE HISTORY.
12. IAA DOES NOT WARRANT OR REPRESENT THAT VEHICLES CURRENTLY MEET OR CAN BE MODIFIED TO MEET LOCAL EMISSION AND/OR SAFETY REQUIREMENTS.
13. IAA DOES NOT WARRANT OR REPRESENT THAT VEHICLES SOLD CAN BE LEGALLY REGISTERED IN ANY STATE OR COUNTRY OR EXPORTED TO ANOTHER COUNTRY. BUYER ACCEPTS ANY AND ALL RISKS ASSOCIATED WITH VARIATIONS IN STATE OR COUNTRY SALE DOCUMENT AND REGISTRATION LAWS AND THE POSSIBILITY THAT THOSE MAY NEGATIVELY IMPACT THE MARKETABILITY OF VEHICLES PURCHASED AT IAA. FOR EXAMPLE, BUYER MAY PURCHASE A VEHICLE IN ONE STATE UNDER A CLEAR SALE DOCUMENT BUT IS REQUIRED TO SELL SAME VEHICLE UNDER A SALVAGE SALE DOCUMENT IN THE STATE WHERE IT DECIDES TO SELL THE VEHICLE. ANOTHER EXAMPLE IS THAT CUSTOMS MAY NOT APPROVE THE EXPORTATION OF A VEHICLE. IT IS THE BUYER’S SOLE RESPONSIBILITY TO ASCERTAIN, CONFIRM, RESEARCH, INSPECT AND/OR INVESTIGATE ANY VEHICLE FOR SALE PRIOR TO PLACING A BID TO CONFIRM SALE DOCUMENT, STATE REGISTRATION, OR EXPORT REQUIREMENTS.
14. IAA DOES NOT GUARANTEE OR WARRANT THAT SHRINK WRAP WILL COMPLETELY PROTECT A VEHICLE AND ITS INTERIOR OR COMPONENT PARTS AGAINST THE ELEMENTS. IAA DOES NOT GUARANTEE OR WARRANT THAT A SHRINK WRAPPED VEHICLE WILL REMAIN SO UNTIL THE TIME THE VEHICLE IS PICKED UP BY THE BUYER.
15. NMVTIS REPORTING: VEHICLES LISTED FOR SALE AND SOLD AT IAA MAY HAVE BEEN REPORTED TO THE NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM (NMVTIS) AS REQUIRED BY APPLICABLE LAW. BUYER ACCEPTS ALL RISKS ASSOCIATED WITH PURCHASING VEHICLES AT IAA ARISING OUT OF ANY NMVTIS REPORTING BY IAA OR IAA'S VEHICLE PROVIDERS. BUYERS MAY BE SUBJECT TO NMVTIS REPORTING REQUIREMENTS WHEN PURCHASING CERTAIN VEHICLES. FOR MORE INFORMATION ON REPORTING REQUIREMENTS, EXEMPTIONS, AND HOW TO OBTAIN A NMVTIS REPORTING ID VISIT www.vehiclehistory.gov.
Defective Equipment - Buyer acknowledges and agrees that 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.
Resolution of Disputes
Precondition to Claims - Buyer shall not institute legal proceedings against IAA without first completing the dispute resolution process set forth below. Buyer agrees that failure to complete this dispute resolution process is grounds for dismissal without prejudice of any legal proceedings. Buyer shall direct any complaint to IAA and not to its consignors.
Dispute Resolution Process - If Buyer has a dispute regarding a vehicle or the Buyer Agreement, the following dispute resolution process shall apply: Buyer shall set forth its complaint in writing and direct it to the branch manager of the branch where the vehicle subject to the complaint was purchased or, if no purchase was made, is located. If Buyer is not satisfied with the branch manager’s decision, the buyer may ask for a review by the branch manager’s supervisor. If the Buyer is not satisfied with the supervisor’s decision, Buyer may proceed with arbitration under the terms set forth herein.
Choice of Law - The laws of the State of Illinois shall apply to any dispute arising in connection with this Agreement, notwithstanding any state’s choice of law rules to the contrary.
Submission to Arbitration - Any claim or dispute arising out of or relating to this Agreement shall be submitted to and resolved only by binding arbitration instead of litigation. Both parties agree to share equally in the entire cost of conducting the arbitration, including the fees of the Arbitrator. The Federal Arbitration Act and federal arbitration law apply to arbitration under this Agreement. The parties agree that a party will bring all claims in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither party will be entitled to join or consolidate claims in arbitration. The arbitration shall be held only in Cook County, Illinois or the county in which the IAA Facility involved with the claim is located. Except as expressly provided herein, the arbitration shall be conducted in accordance with applicable rules and procedures established by the American Arbitration Association. One arbitrator shall be appointed in accordance with the Arbitration Rules (the “Arbitrator”). Any result reached by the Arbitrator shall be final and binding on all parties to the arbitration, and no appeal may be taken. Any party to any award rendered in such arbitration proceeding may seek a judgment upon the award and that judgment may be entered thereupon by any court having jurisdiction.
Limitation of Liability
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES WHATSOEVER SHALL IAA BE LIABLE TO BUYER FOR ANY SPECIAL, EXEMPLARY, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING CLAIMS FOR LOST PROFITS OR LOST BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BUYER’S SOLE REMEDY FOR CLAIMS SHALL BE FOR RESCISSION OF THE SALE OF THE AFFECTED VEHICLE. IN NO EVENT WILL IAA’S LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, OR ANY VEHICLE OR THE USE OR PERFORMANCE THEREOF, EXCEED THE AMOUNT PAID BY BUYER FOR THE RELATED VEHICLE HEREUNDER. BUYER SHALL NOT BE ENTITLED TO ANY ADDITIONAL DAMAGES INCLUDING BUT NOT LIMITED TO REPAIR COSTS, TRANSPORTATION COSTS, INSPECTION COSTS, OR LOST PROFITS.
No Assignment/No Third Party Beneficiaries
Buyer shall not assign its rights or privileges under this Agreement to any third party. There are no third party beneficiaries to Buyer’s account or this Agreement.
Buyer may terminate the Buyer Agreement at any time by ceasing to participate in IAA auctions and to access the services or systems covered by the Buyer Agreement. IAA may terminate the Buyer Agreement for any reason or no reason at all with or without notice at any time. Termination shall not affect the rights and obligations of the parties that accrued prior to the effective date of termination, or affect existing sales for vehicles, and the Buyer Agreement shall continue in effect with respect to such rights and obligations, including any claims relating thereto. Any provisions contained in the Buyer Agreement which by their nature or effect are required or intended to be observed after termination will survive the termination and remain binding, including but not limited to those terms relating to dispute resolution, disclaimers, releases, indemnity and limitations of liability.
If any portion of these Auction Rules is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. The Buyer Agreement, and the Facility and other terms referenced herein, set forth the entire understanding between Buyer and IAA with respect to participation in IAA Auctions and sale of vehicles and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between Buyer and IAA with respect to such subject matter