"Introduction" Welcome to SalvageTrucksAuction.com (the "Site"). By using the services available from this domain and its sub-domains, you are agreeing to the following terms, and the general principles for the web sites of our subsidiaries and international affiliates, which may be updated by us from time to time without notice. Before you may become a member of the Site, you must read and accept all of this Terms of Service and the Privacy Policy. By becoming a member of this site, you are accepting these Terms of Service, you also agree that your use of other SalvageTrucksAuction.com branded web sites will be governed by the Terms of Service and Privacy Policy posted on those web sites. Your use of this site shall be your agreement to abide by each of the terms set forth below. If you do not agree with any of these terms, please do not use this site. If you have any questions about these terms, please contact us. This Terms and Conditions are effective on October 24th, 2006 for current users, and upon acceptance for new users. Fees and Services Subscribing to this Site has a cost of $25.00 USD the first year and an annual subscription fee of $20.00 USD which gives the subscriber the right to place offers on the listed vehicles and enjoy all the services of the website. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site. We may also choose to raise the fees without prior notice. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) Liability Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials/services on the Site. The products have not been independently verified or authenticated in whole or in part by SalvageTrucksAuction.com nor we warrant the accuracy or timeliness of the descriptions/pictures of goods that are purchased by our affiliated licensed auto dealers through services that are provided by SalvageTrucksAuction.com, its affiliates or independent third parties. You hereby release SalvageTrucksAuction.com from any liability for any errors or omissions in the descriptions/pictures, whether provided by SalvageTrucksAuction.com or third parties. SalvageTrucksAuction.com is merely a marketing service of insurance auction salvage vehicles that cannot guarantee, verify, warrantee information about the products or the products themselves. The auctioneer associated with SalvageTrucksAuction.com and/or the affiliate dealer shall have the right to refuse or cancel any offers placed for product listed on this website, whether or not the offer has been accepted and you provided the necessary reserve deposit. If you have paid a required reserve deposit and your offer has been refused or cancelled, your deposit will be refunded in a timely manner. SalvageTrucksAuction.com and its affiliates do not make any warranty or representation with respect to the accuracy or completeness of any information, descriptions, pictures and other representations of products that on this site may contain inaccuracies and/or errors. You acknowledge that prices, availability of products and descriptions provided on this site may change at any time without prior notice to you, pursuant to the sole discretion of SalvageTrucksAuction.com and our affiliated licensed auto dealers. Site Access
We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: Risk of Loss
The customer takes full responsibility and assumes all risk of loss for all vehicles purchased from the time SalvageTrucksAuction.com's affiliate dealer accepts buyer's offer. The customer agrees that: Import/Export Issues It is the responsibility of the customer to comply with customs import procedures applicable to foreign title vehicles. Customs inspection, import fees and proof of emissions compliance may be required. Vehicle Condition and History Disclaimer ALL VEHICLES ARE SOLD "AS-IS WHERE-IS". All vehicles sold through SalvageTrucksAuction.com are sold "AS-IS WHERE-IS", WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. SalvageTrucksAuction.com and its affiliated dealers expressly disclaim the accuracy or completeness of any and all information provided to the customers regarding vehicles, whether provided in written, verbal, or digital image form ("Vehicle Information"). Vehicle Information provided by SalvageTrucksAuction.com and its affiliated dealers is for convenience only. The customers shall not rely on Vehicle Information in deciding whether or how much to offer on a vehicle offered for sale through SalvageTrucksAuction.com. Vehicle Information includes but is not limited to: year, make, model, damage type, mileage, vehicle identification number ("VIN"), title, etc. SalvageTrucksAuction.com and its affiliated dealers expressly disclaim any and all representations, warranties, and guarantees regarding vehicles sold through SalvageTrucksAuction.com's website. SalvageTrucksAuction.com and its affiliated dealers does not guarantee that keys are available for any vehicle sold through SalvageTrucksAuction.com and its affiliated dealers, regardless of whether keys are present in online vehicle images, or were present in the vehicle prior to the time of purchase. Certain jurisdictions permit vehicles to be sold with missing VIN plates, and as a result SalvageTrucksAuction.com and its affiliated dealers does not guarantee that vehicles are equipped with any or all VIN plates. SalvageTrucksAuction.com and its affiliated dealers does not guarantee that vehicles meet or can be modified to meet local emission and/or safety requirements. It is the sole responsibility of the customer to ascertain, confirm, research, inspect, and/or investigate vehicles and any and all information regarding the type, condition, status, and history of vehicles prior to submitting offers on them. Inspections Disclaimer Neither SalvageTrucksAuction.com nor any of the Affiliate Dealers are responsible for the Inspection Report offered in every vehicle, this inspection is perform by a third party not related to us and is offered as an additional service for our visitors. The use of this service is at your own risk and neither SalvageTrucksAuction.com nor any Affiliate Dealers warranty that this service will meet your requirements and that the results obtained will be accurate, reliable, complete or current. You agree that the results of the report performed by the third party does not warranty, express or implied, including but not limited to any warranty of fitness for a particular purpose or merchantability the vehicles sold through SalvageTrucksAuction.com. We encourage all our buyers to not solely rely their purchase decision on the inspection report. Registration Laws Disclaimer SalvageTrucksAuction.com and its affiliated dealers does not guarantee that any vehicle sold can be legally registered in any state or country, and the customer accepts all risks associated with variations in vehicle title and registration laws between states, provinces, and countries that may negatively impact the marketability of vehicles purchased through SalvageTrucksAuction.com's website. DMV/MVD Paperwork Disclaimers SalvageTrucksAuction.com and its affiliated dealers are not responsible for defects, errors, or omissions (i) related to motor vehicle department paperwork not processed by SalvageTrucksAuction.com and its affiliated dealers or (ii) made by DMV/MVD. Local Laws; Export/Import Control SalvageTrucksAuction.com controls and operates this Site from its office in Boca Raton, Florida United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations. Indemnity You will indemnify and hold SalvageTrucksAuction.com (and our affiliated dealers, officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. Unathorized Activities Unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold SalvageTrucksAuction.com and its affiliates, its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party if your use of the Site or the use of the Site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party. Member Account and Security You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your username, password, or on your account. You agree to (i) immediately notify SalvageTrucksAuction.com of any unauthorized use of your username and password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. SalvageTrucksAuction.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Subscriptions Discounts SalvageTrucksAuction.com can promote Subscriptions Discounts for a limited period or up to a certain amount of subscriptions. Subscribers that register during this period will enjoy the benefit of a discounted subscription fee and annual fee for as long as their subscription remains active. If for any reason the subscription is not renewed when due and therefore canceled, a new subscription must be done at the effective subscription price. Offers Acceptance You must submit your offers during our Offers Acceptance Period. Your offer must be high enough to have chance of winning the auction of the vehicle at Copart, cover Copart fees and the affiliate dealer's commission to be accepted. An offer cannot be retracted. Vehicles Payment Full payment must be received within TWO days after the purchase notification email is sent or late payments fee will apply. The payment must be sent via PayPal (up to $500.00) or by bank wire transfer. If the vehicle is not paid in full during the first SEVEN CALENDAR DAYS after the purchase notification, SalvageTrucksAuction.com will consider the vehicle as LOST, the customer looses the Reserve Deposit and any other payments done. After this the subscriber must pay all late fees and storage fees within 48 hours or the subscription could be cancelled, and the customer's IP address banned from all the websites of our network. Reserve Deposit Refunds The Reserve Deposit is refundable ONLY if the vehicle is not purchased by one of our Affiliated Dealers, (the vehicle sells for more at the Insurance Auction than the costumer's offer at SalvageTrucksAuction.com, or the offer is Not Approved by the Insurance Auction). Within 24 hours after the results of the Insurance Auction are release, if our affiliate dealer was not successful acquiring the vehicle on our customer's behalf, the customer will receive a notification email asking whether wishes the Reserve Deposit to be refunded or want us to keep it in fund for a next auction. If the customer wishes a refund we will issue it in the next 24 hours after we receive the answer. The refund is always made via PayPal. If the vehicle has been acquired from the Insurance Company auction by one of our affiliated dealers and the customer cancels the purchase, the Reserve Deposit is NOT REFUNDABLE. There is not Refunds Fee for Reserve Deposit refunds requested within 60 days of the deposit date, there is a 3% Refund Fee for Reserve Deposit Refunds if it is requested 60 days or more after the date the Reserve Deposit was received. Late Fee A Late Fee for $50.00 daily will apply when the full payment of the vehicle is not received within TWO days after the notification email is sent and until the vehicle is paid in full or lost by the subscriber. This fee is applied per vehicle. Storage Fee A Storage Fee for $30.00 daily will apply when a vehicle has not been pickup within SEVEN days after the notification email is sent and until the vehicle is pickup or lost by the subscriber. This fee is applied per vehicle. Subscription Termination You acknowledge and agree that SalvageTrucksAuction.com, in its sole discretion, may terminate your account for any reason, including, without limitation, for lack of use, or if SalvageTrucksAuction.com believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Further, you agree that SalvageTrucksAuction.com will not issue any subscription refund and shall not be liable to you or any third-party for any termination of your access to the Site. OUR SERVICES ARE AVAILABLE ONLY TO, AND MAY ONLY BE USED BY INDIVIDUALS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING. OUR SERVICES ARE NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR SUSPENDED SUBSCRIBERS FROM SALVAGETRUCKSAUCTION.COM OR FROM ANY OTHER OF THE WEBSITES OR OUR NETWORK. General If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective inmediatly after they are posted on the Site. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Liability and Indemnity. |
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