General Arbitration Policy
HammerDown Auctions makes not representations or guarantees as to the description, equipment, warranties, title status accuracy or odometer on any vehicle sold or offered for sale.
HammerDown Auctions does not guarantee or get involved in any factory or dealer warranty coverage issues on vehicles sold or offered for sale at the Auction.
The sales at this Auction are intended to promote fair and ethical treatment to both the buyer and the seller. If HammerDown Auctions determines that the transaction is not fair or ethical to either party, the buyer and seller agree that HammerDown Auctions may cancel the sale, at its sole discretion.
The decision of the arbitration department is final and binding on both the buyer and seller. HammerDown Auctions reserves the right to assess a $35.00 fee to the buyer if an arbitrated claim is deemed to be not valid. If the arbitration is valid, the Auction reserves the right to assess a $35.00 arbitration fee to the seller. Please be aware that the Post-Sale inspections are available and cover all arbitrated items for up to 7 days following the sale. Sale day is Day 1.
All "Ifs" will be sold no more than $500 back of the protected price. NO exceptions.
Vehicles that have been purchased from the Auction must be removed from the Auction Lot within 5 days of the purchase. If said vehicle is not removed, the vehicle will be towed to the impound lot posted and tow charge will be assessed.
Exceptions will be made with the approval of Management.
1. As to any vehicle consigned or sold at the Auction, the seller must represent to the buyer the following:
a. The condition, description, known defects, mileage and disclosure relating to the vehicle are accurate and fully disclosed. This includes announcing all vehicles with an encumbrance or branch on the title history, any total loss insurance company history (i.e. theft recoveries, flood damage, major collision losses) and/or vehicles that have a government title.
b. Seller has a valid clear of ALL liens and encumbrances. (See Title Policy)
c. All Gray Market vehicles must be properly announced. (See Gray Market Vehicle Policy)
d. The vehicle is properly offered for sale at the Auction and all announcements/vehicle descriptions provided to the buyer are accurate and complete. It is the seller's obligation to correct any errors to the announced conditions.
e. Odometer status - actual miles, exceeds mechanical limits, or not actual miles is announced accurately.
2. Seller will be held responsible for the accuracy of any representations (verbal or written) made by seller or auctioneer at the time of sale-independent of vehicle light designation or guarantee offered.
3. Mileage announcements are not required on vehicles deemed exempt from federal/state odometer and title disclosure laws unless a mileage discrepancy is known or apparent to the seller. The seller may represent miles on exempt units-any statements made by the seller and all known odometer discrepancies are grounds for arbitration.
4. 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 inspections (i.e. stolen vehicle, odometer, title discrepancy).
5. The seller has the responsibility to announce any state or local DMV fees, taxes or other fees due on the vehicle.
6. Even if Sold "As-Is" seller warranties to the buyer and HammerDown Auctions that any vehicle that sells for $2,000.00 or more that's driven through the sale will be safe to drive, regardless of seller's disclosures. Some examples of unsafe items include, but are not limited to, fuel leaks, faulty brakes, no steering, etc. Buyer agrees that if he deems the vehicle unsafe after inspection (as set out below), he/she will bring the issue to HammerDown Auctions management before removing the vehicle. The Auction reserves the right to void any such transaction.
7. And ALL of the following conditions must be clearly announced:
a. Frame damage/Unibody damage (Previous or Exiting)
b. Taxi, government or municipal vehicles
c. Theft recovery
d. Flood/Fire vehicles
e. Engine conversions and replacements-five year old vehicles and newer
f. Fuel conversions
g. Title discrepancies must be announced including, salvage, previous salvage, theft recovery, not actual miles (TMU), odometer replacements, flood/fire history and Lemon Law buybacks.
Any vehicle purchased at HammerDown Auctions, the buyer is responsible for the following:
1. Buyer will inspect the vehicle prior to and immediately following the sale. The buyer must verify the seller's representation and notify the Auction immediately of any discrepancies within the timeframe as stated in the arbitration policy. Buyer will examine the VIN, model year, and verify the odometer before leaving. Buyer is to verify all information prior to the sale. Any errors or omissions in the catalogs/dealer handouts will not be allowed for arbitration. The catalog/dealer handout is a guide only.
2. The buyer will follow auctioneer's cadence on price; any misunderstanding concerning price must be addressed before the drop of the auctioneer's hammer not following the sale of the vehicle.
3. The buyer will inform the Auction immediately of any discrepancies as to the seller's representations, warranties, and descriptions. Please be aware that items written on a vehicle by the seller are a representation and subject to arbitration. Arbitration will be limited to the specific defects described by the buyer upon placing the vehicle in arbitration.
4. Buyer guarantees sufficient funds are available and will remain on deposit at dealer's bank to cover all checks and drafts. Until payment and receipt of title, the buyer shall acquire neither title to the vehicle nor any right to sell or offer for sale.
5. Buyer will pay the bid price plus a buyer's premium fee and draft fees (if applicable) as posted. Payment must be received no later than the Monday following the sale and must be received by 3:00 pm. A late fee will be charged after 3:00 pm that Monday.
6. Buyer agrees to be liable for any and all work done to a vehicle prior to returning the vehicle to the Auction except on vehicles arbitrated for unannounced conditions not detectable through vehicle inspection (i.e. stolen vehicle, odometer, title discrepancy).
Sale Day Arbitral Items
The following guarantees by the seller, apply for the Day of Sale ONLY, unless announced differently at the time of the sale:
1. Any single defect of a non-wearable item that was a wholesale repair cost of $500.00 or more is arbitral. Single defects of less than $500.00 are deemed minor and not arbitral. Non-wearable items include: Engine, turbo/supercharger, mid-engine gasket, transmission, transfer case, differentials, axle assemblies or hubs. Major mechanical defects in these items are excluded if they can be repaired for $500.0 or less in wholesale repair cost as determined by HammerDown Auctions arbitrator. Arbitration will only be allowed on one of the listed items. Some items not eligible for arbitration include, but are not limited to: seals and gaskets, brake systems including ABS light, front and components, flywheel, ring gear, power steering driveline universal joint, electrical systems, sensors, gasoline fuel systems and related components, external fluid leaks and normal noise levels on differential and transfer cases on Chrysler, Dodge and Jeep products.
2. Air Conditioning - Guaranteed on current calendar year and one-year-old vehicles.
3. Engine Computers are guaranteed.
4. No major or excessive paint and body work on current calendar year vehicles or newer. Major or excessive paint and bodywork are defined as three or more panels. Bumpers are not included.
5. 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.
6. All OEM or equivalent emission control equipment is present.
7. All vehicles are sold subject to any and all visible defects.
8. Hail damage must be announced on current calendar year vehicles or newer.
Seven Day Arbitral Items
Vehicles that have any of the following defects, conditions or discrepancies that were not disclosed or announced at the time of the sale regardless of "light" they are sold under or guarantee offered, must be report to the Auction within seven (7) days after the vehicle was sold at the Auction, in order to be eligible for arbitration. Vehicles must be returned to the Auction in the same or better condition than when purchased. Expense reimbursements will be at the sole discretion of HammerDown Auctions and will, at times, be limited to reasonable and documented expenses and transportation only. Lost profit, commissions, floor-plan expenses, etc. will not be reimbursed. Sale Day is Day 1.
1. Frame/Unibody Damage - Defined by HammerDown Auctions will reference to the NAAA Standards. Minor components welded or removed from frame (trailer hitches, bumpers, etc.) are not considered frame damage unless they have compromised the structural integrity of the vehicle. Any hidden removed fifth wheel/hitch is subject to seven day arbitration. Lowered/Raised vehicles must be announced and are subject to frame damage guarantees if frame is altered. Minor dents in frame/structure that do not affect the structural integrity of the frame will not be considered frame damage.
2. Flood and Fire damage-Defined by HammerDown Auctions with reference to the NAA standards.
3. Fuel Conversions.
4. Engine conversions and replacements-Five year old vehicles or newer.
5. Former taxis, government or municipal vehicles.
6. Title and odometer discrepancies including: Not actual miles (TMU), broken odometer, salvage title, previously salvage title, theft recovery, flood/fire vehicles, Lemon Law.
IIAs-Is" Vehicles-Sold Under Red Light:
Vehicles that meet any one of the following conditions are sold "As-Is" and are not subject to arbitration for any reason,
except frame/unibody, title or odometer discrepancies unless specifically guaranteed by the seller.
1. Any vehicle announced "As-Is".
2. Any vehicle sold for less than $2,000.
3. All vehicles with more than 100,000 miles
4. Vehicles ten (10) years old or older.
5. Recreational vehicles, boats, buses, motorcycles, dune buggies, trailers, snowmobiles, jet skis, antiques, and kit cars.
6. Inoperable/Video sale cars.
7. All taxis, government or municipality vehicles.
8. Salvage/Previous salvage vehicles.
9. TMU/Not actual miles.
10. Theft recovery.
11. Flood/Fire Titles.
12. Donated charity vehicles.
HammerDown Auctions guarantees the title of vehicles that are sold through HammerDown Auctions. This guarantee of the title warrants that the 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 four (4) years from the date of the Auction sale. HammerDown Auctions' 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. All liability under this title guarantee shall expire and terminate 48
months after the Auction 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 the vehicles returned for late title.
1. Seller has up to 30 calendar days for the title to be received by Auction. - SALE day is DAY 1.
2. Titles received after 30 calendar days are subject to a $10 Late Title Fee. All expenses to obtain the title will be charged to the seller.
3. If the buyer fails to receive a title within this time, the vehicle may be returned providing a 24-hr notice has been given to the title or arbitration departments. Buyer must return the vehicle in like or better condition than when purchased. If a valid negotiable title is present within the 24-hr notice period, then the transaction will stand.
4. Seller will be responsible for transportation charges and all Auction fees on vehicles returned because of late title.
5. After 31 calendar days the Auction reserves the right to void all transactions if negotiable title is not received from seller. If, after 90 calendar days, seller has not produced negotiable title and buyer has not returned the vehicle, this title guarantee shall not apply and Auction shall have no duty to produce the certificate of title to the buyer.
6. The Auction reserves the right to withhold payment of certified copies of original titles (CCO's) and/or if original title date is within fifteen (15) days of the certified copy date or until authentication is verified.
7. Any vehicle that is on an MSO must be announced.
8. Titles forwarded by the Auction to the buyer and not received (lost in mail) will be replaced by the Auction and do not constitute grounds for a late title rejection.
9. Title discrepancies including, non-actual miles, (TMU), Salvage title, Previous Salvage title, Theft recovery and Lemon Law must be reported to the Auction within seven (7) days of the receipt of title.
Gray Market Vehicles (Canadian Vehicles)
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.
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 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 that vehicle was in conformance with federal safety standards on the date of manufactured.
4. If a vehicle was manufactured in Canada for the Canadian Market, the Manufacture is required to obtain and affix a U.S. Safety standard certification label to the vehicle.
5. 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
c. Valid U.S. Title.
6. 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 door frame sticker if the conversion from kilometers to miles can be down 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.ph her