All persons participating in a TAWA auction agree to be bound by the following terms and conditions, which shall form a binding contract between the participants and TAWA:
FEES: 10% Buyers Premium is applied to all items purchased. If you are a Washington State resident we will collect all license and registration fees along with a $200 negotiable documentation service fee. Out of state customers will have a $60 temp and transfer fee added to your vehicle purchase along with a $200 negotiable documentation service fee. There is a 3.5% surcharge on all Debit and Credit card transactions.
PAYMENT AND PICKING UP VEHICLES: TAWA accepts the following forms of payment Cash, Cashier’s Check, Wire Transfer, or credit cards for In state buyers. Out of state buyers must pay by Cash, Cashier's Check or Wire Transfer.
Merchandise becomes the full responsibility of the buyer at time of payment and the buyer assumes all risk of loss and damage to property at that time.
All purchases must be paid for in full by 4pm one day after the auction. All items must be removed three days following the auction unless prior arrangements are made. If you are an out of town buyer, please contact our office to make arrangements at 509.282.8466. Vehicles left beyond this date will in cure a $20 per day storage fee.
All out of state checks must be accompanied by an irrevocable Bank Letter of Guarantee, unless know by the auctioneers.
DEPOSIT: Auctioneer reserves the right to charge the customer’s credit card on file a deposit of up to 25% of the invoice total. This deposit can be applied to the invoice there by reducing the amounts due. If an invoice is not settled according to the payment terms of the auction, this deposit will be forfeited to Auctioneer as liquidated damages for non-payment.
TAWA reserves the right to resell any property not paid for in full by the conclusion of the stated pickup period. In any such event, the Buyer will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting from the resale of the property.
SALES TAX: ALL APPROPRIATE STATE SALES TAX LAWS WILL APPLY PER THE LOCATION AND SELLER OF THE ITEM.
GENERAL TERMS AND CONDITIONS: All Bidders agree to the following:
1. Every vehicle is being sold “as is,” including any and all defects, and without any warranties, express or implied.
2. ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED BY MBTA AND WAIVED BY ME. THIS WAIVER OF IMPLIED WARRANTIES WAS SPECIFICALLY BARGAINED FOR, AND THAT ABSENT MY AGREEMENT TO IT, I WOULD NOT BE ALLOWED TO PARTICIPATE IN THIS AUCTION.
3. I am assuming the entire risk that a vehicle I purchase will have defects, whether present now or arising in the future, whether visible or hidden, including, but not limited to, defects in the paint, windows, tires, frame, doors, brakes, steering, engine block, drive train, sensors, display, interior, transmission, fuel systems, suspension, tubes, electronic components, and each and every other part. I understand that defects in a vehicle I purchase may render it inoperable or unsafe to drive. Despite knowing these risks, I agree that TAWA, its owners, employees and agents shall not be liable for any defects in any automobile I purchase, for any reason, whatsoever. I agree to hold TAWA harmless from and against any and all claims, liability and damages with respect to any defect in any automobile I purchase.
4. TAWA and its owners, employees and agents act merely as agents for Sellers. Statements regarding the description and condition of automobiles made by the owners, employees and agents of TAWA, including those made on its website, advertising, auction materials, and at the auction itself, are based on a rudimentary vehicle inspection and a short drive of up to 1.5 miles. I understand that statements by TAWA are not intended to be relied upon by me, may contain errors, and I agree that I am not purchasing in reliance on those statements. I understand that all statements by TAWA regarding the description and condition of any vehicle are expressly disclaimed and do not constitute any promise, covenant, agreement or warranty.
5. Every vehicle is available for inspection prior to the auction, and that it is my sole responsibility to determine the condition of a vehicle prior to purchase.
6. By making a bid, I am making an offer to purchase the vehicle at the bid price, which if accepted, forms a binding contract to purchase the vehicle between TAWA and myself. I understand that any such contract includes the terms in this Acknowledgement.
7. Purchases may not be removed from the premises until payment in full is received. I understand that if payment is made by means other than cash or certified funds, the purchased property will not be released from the premises until the funds are clear and received.
8. I may not rescind or challenge a purchase for any reason, including later dissatisfaction or discovery of defects.
9. All bidders must be 18 years of age or older and must possess a valid driver’s license.
RESERVES: All auctions are with reserve unless specifically stated otherwise. Reserves, if any, are not disclosed unless advertised as "ABSOLUTE." Auctioneers at their discretion may place a reserve bid on behalf of the seller, lienholder or pre-approved absentee bidder.
DEBT COLLECTION AND INTEREST CHARGES: The buyer agrees to pay all reasonable attorney fees and other costs incurred by TAWA in its efforts to collect unpaid funds from the buyer. The buyer agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due TAWA.
LAWSUITS: Any litigation with arising out of an auction shall occur in the County in which the vehicle was located at the time the auction took place.
LIMITATION OF LIABILITY: If, for any reason, after a reasonable time has passed TAWA is unable to make available or deliver any purchased vehicle, or portion thereof, or any documentation required to transfer a purchased vehicle to a successful bidder, then the sole liability of TAWA, if any, shall be limited to returning to the successful bidder the moneys the successful bidder paid MTBA, if any, for said purchase. In the event of such refund then the successful bidder shall return and surrender the vehicle to TAWA and sign any and all documentation necessary to transfer title to TAWA or a different person/entity in TAWA’s discretion.
REGISTRATION: All registration information the bidder provides to TAWA shall be current, complete, and accurate. All bidders are responsible for any bids placed under their bidding numbers and passwords. The security of bidder information is the responsibility of the bidder. Bidders must notify TAWA if they believe that their bidder number and password have been compromised.
INTERRUPTION OF SERVICE: TAWA shall not be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error-free service or use of its website. Technology can and does fail. Bidder acknowledges that this auction is conducted both in person and electronically and relies on hardware and software that may malfunction without warning. TAWA, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items or lots that were, in TAWA sole discretion, affected by any malfunction. The decision of TAWA on malfunctions shall be final.