These terms and conditions outline the rules and regulations for the use of PEAK Auto Auction’s Website, located at www.peakautoauctions.com.
If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Peak Auto Auctions relationship with you in relation to this website. In using this website, you acknowledge that you have read and understood these terms and conditions in their entirety, as well as our privacy policy, and that you are fully bound by each and every term herein. You also agree to be bound by any additional term listed in a specific auction in which you may participate. You agree that it is your responsibility that you fully understand the terms and conditionals before making a bid. We reserve the right to amend these terms and conditions at any time without prior notice to you. Any terms and conditions on live auctions and those displayed on our website become part of this agreement by reference. Prior to making any bid, you should carefully review our terms and conditions.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
Bidding Terms
A bid is a binding contract which obligates you to complete the purchase of a vehicle if you are the winning bidder. Once you place a bid, you may not cancel or retract it. You should thus be sure you wish to purchase a vehicle before bidding on it. You are responsible for all transactions on your account. We reserve the right to reject or void bids at any time for any reason. Should a dispute arise regarding a bid, we have sole and absolute discretion in resolving disputes. You agree to indemnify, defend, and hold us harmless from any and all liability arising from decisions made resolving disputes.
Condition Of Vehicles
All vehicles are offered “AS IS, WHERE IS”. There is no warranty, express or implied, on any vehicles including but not limited to warranty or fitness for a particular purpose or merchantability. We strongly encourage you to inspect vehicles during the specific ‘preview’ day. No written or verbal statements and descriptions by the seller, seller’s agent or us shall be binding. For your convenience, we shall attempt to provide accurate contact information and locations for vehicles, but you should verify that information before bidding. You agree that you are responsible to tow vehicles you purchase at your expense and that you are responsible to make needed repairs, including emissions and safety repairs. It is your sole responsibility to research the history of the vehicle you bid on and to thoroughly inspect it. We do not certify or guarantee the condition, history or safety of any vehicle. We cannot guarantee the accuracy of the descriptions, written or by pictures, of any vehicle. We cannot guarantee that the vehicle you bid on will have keys available, even if you see keys in any written or picture description. Please be aware that pictures cannot show every detail of a vehicle, so you should actually inspect the vehicle to your satisfaction. Vehicles sold may contain deployed airbags that have not been replaced. Vehicles sold may have been subject to government or company recalls, and may or may not have received appropriate repairs. We assume no responsibility for fire, Acts of God, theft, or loss or damage to any vehicle once is has been released to you or your transporter.
Auction Cancellation
We may, at any time, in its sole and absolute discretion and with or without notice, postpone or cancel a sale. We will neither be liable or obligated to the Buyer as a result of any auction postponement or cancellation. We reserve the right to withdraw from auction any vehicle for any reason at any time at our sole and absolute discretion.
Cookies
We employ the use of cookies. By accessing PEAK Auto Auctions, you agreed to use cookies in agreement with the PEAK Auto Auction’s Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, PEAK Auto Auctions and/or its licensors own the intellectual property rights for all material on PEAK Auto Auctions. All intellectual property rights are reserved. You may access this from PEAK Auto Auctions for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. PEAK Auto Auctions does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of PEAK Auto Auction it’s agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, PEAK Auto Auctions shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
PEAK Auto Auctions reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You hereby grant PEAK Auto Auctions a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our website without prior written approval:
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of PEAK Auto Auctions; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to PEAK Auto Auctions. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
No use of PEAK Auto Auctions’ logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our website.
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Matthew B. Davison – Auctioneer
Tony Porras – Auctioneer
