Buyer Agreement and Auction 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. Buyer’s failure to comply with its ongoing obligations set forth in this paragraph will result in the suspension or revocation of Buyer’s purchasing privileges.
AUTO-RENEWAL OF REGISTRATION FEES – BUYER’S MEMBERSHIP WILL AUTOMATICALLY RENEW ANNUALLY (EXCEPT FOR REGISTRANTS FROM COUNTRIES WITHIN THE EUROPEAN UNION AND THE EUROPEAN ECONOMIC AREA). BY REGISTERING WITH IAA AND PROVIDING CREDIT CARD INFORMATION TO IAA FOR PAYMENT OF REGISTRATION FEES, BUYER AUTHORIZES IAA TO AUTOMATICALLY RENEW BUYER’S REGISTRATION ANNUALLY AND FURTHER AUTHORIZES IAA TO CHARGE BUYER’S CREDIT CARD FOR THE REGISTRATION FEES RELATED TO ANY RENEWAL MEMBERSHIPS. SUCH RENEWAL CHARGES SHALL BE MADE ANNUALLY ON THE FIRST DAY AFTER THE EXPIRATION OF BUYER’S MEMBERSHIP PERIOD. BUYER MAY CANCEL MEMBERSHIP OR TERMINATE AUTO-RENEWAL OF REGISTRATION FEES UPON 30 DAYS’ NOTICE PRIOR TO THE END OF BUYER’S MEMBERSHIP PERIOD BY CALLING 877-937-4243 AND SPEAKING TO AN IAA REPRESENTATIVE OR BY EMAILING TO email@example.com, or through Buyer’s account page accessible at www.iaai.com. IF BUYER CANCELS MEMBERSHIP PRIOR TO THE CONCLUSION OF THE MEMBERSHIP PERIOD, BUYER WILL REMAIN RESPONSIBLE FOR PAYMENT FOR ALL MEMBERSHIP FEES THROUGH THE CONCLUSION OF THE CURRENT MEMBERSHIP PERIOD. BY CANCELLING MEMBERSHIP, BUYER WILL LOSE ALL ACCESS AND ACTIVE BUYER STATUS UPON THE EXPIRATION OF THE CURRENT MEMBERSHIP PERIOD.
Renewal of Licenses - Buyer is solely responsible for obtaining and renewing all applicable licenses in order to maintain active Buyer status with IAA. All renewed or updated licenses must be submitted to and accepted by IAA before Buyer’s account will be initiated or renewed.
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 - Buyer is responsible for all transactions on its 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.
Contact with Sellers - Any information regarding a vehicle owner or seller that might be learned or obtained by Buyer may not, in whole or in part, be used or exploited in any way whatsoever.† Any Buyer who contacts or tracks down a vehicle owner or seller in any manner will immediately be banned from all IAA auctions and may be referred to authorities.
Buyer Account Cancellation - IAA reserves the right to suspend or revoke Buyer’s buying privileges for any reason or no reason at all with or without notice. Once IAA suspends or revokes 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 - Buyer shall comply with all applicable laws related to the 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, DAMAGES, OBLIGATIONS, COSTS, EXPENSES (INCLUDING ATTORNEYS’ FEES), LIABILITIES, 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.
Prohibited Persons and Sanctioned Countries - Buyer represents and warrants that neither Buyer nor any of its employees, affiliates, brokers or other agents, contractors or representatives acting in any capacity, directly or indirectly, in connection with any vehicle purchased at an IAA auction is or will be engaged in any of the following activities: (i) exporting, reexporting, selling or supplying (directly or indirectly) any goods, services or technology to any country embargoed or sanctioned by the United States (ii) employing or conducting any business or engaging in any transaction or dealing with, any person or entity, or any affiliate of such person or entity, determined to have committed, threatening to commit or supporting, terrorist acts or those persons or entities otherwise appearing on the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) list of Specially Designated Nationals and Blocked Persons, including but not limited to (which lists can be accessed at the following web address: http://www.ustreas.gov/offices/enforcement/ofac/) (collectively, “Prohibited Persons”), including the making or receiving of any contribution of funds, goods or services to or for the benefit of any Prohibited Person; (ii) dealing in, or otherwise engaging in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224 dated September 24, 2001, relating to “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”; (iii) exporting, reexporting, diverting, transferring or otherwise disposing of any product in violation of any laws of the United States, including but not limited to laws and regulations administered by OFAC or the Bureau of Industry and Security of the Department of Commerce (“BIS”) pursuant to which the United States maintains trade embargoes and sanctions against certain countries; or (iv) engaging in or conspiring to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempting to violate, any of the prohibitions set forth in the laws and regulations enforced by OFAC or BIS or set forth in any U.S. anti-money laundering laws and Buyer shall, at all times, be in compliance with all applicable laws, regulations, rules and executive orders, including but not limited to the USA Patriot Act of 2001 and those relating to anti-terrorist financing and asset control.
Anti-Corruption - Buyer hereby represents, warrants and certifies that it, and its employees, affiliates, brokers or other agents, contractors or representatives acting in any capacity, shall at all times comply with the United States Foreign Corrupt Practices Act ("FCPA") and any similar laws, and Buyer further represents, warrants and certifies that with respect to vehicles purchased at an IAA auction, Buyer and its employees, affiliates, brokers or other agents, contractors or representatives acting in any capacity,† shall not: (i) pay, offer or agree to pay, or cause to be paid, directly or indirectly, in respect of this Agreement any political contributions, fees or commissions FCPA, as amended, (ii) offer, pay, promise to pay, or authorize the payment of any money, or offer, give, promise to give, or authorize the giving of anything of value to a foreign official (ìforeign officialî as defined in the FCPA, as amended), to any foreign political party or official thereof or any candidate for political office, or to any person, while knowing or being aware of a high probability that all or a portion of such money or thing of value will be offered, given or promised, directly or indirectly, to any foreign official, to any foreign political party or official thereof, or to any candidate for political office, for the purposes of (a) influencing any act or decision of such foreign official in his official capacity, or inducing such foreign official to do or omit to do any act in violation of the lawful duty of such official, or securing any improper advantage, or inducing such foreign official to use his influence with a foreign government, or instrumentality thereof, to affect or influence any act or decision of such government or instrumentality in order to assist such person in obtaining or retaining business for or with, or directing business to any person, or (b) influencing any act or decision of any person, while knowing that all or a portion of such money or thing of value will be offered, given, or promised, directly or indirectly, to any foreign official (or foreign political party), or to any candidate for foreign political office, for any of the prohibited purposes described above, or (iii) that act in an official capacity on behalf of any government, government agency, political party, candidate for political office, or public international organization.
Exports - All Buyers shall comply with all applicable requirements of the Export Administration Regulations.
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 the Cost Calculator should not be relied upon as the final calculation or verification of total fees. IAA makes no representations or warranties whatsoever, either express or implied, about the functionality or accuracy of the Cost Calculator and accepts no liability arising out of or related to Buyer’s use of or access to the Cost Calculator including, without limitation, any errors or omissions. Buyers who choose to use this tool remain responsible for paying all required fees regardless of whether those fees were shown in the Cost Calculator.
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 BUY NOW vehicles. BUYER IRREVOCABLY AND UNCONDITIONALLY WAIVES AND RELEASES IAA INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, JUDGMENTS, COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO 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 OUT OF OR RELATED TO CLAIMS OF BUYER REPRESENTATIVES RELATED TO IAA’S CANCELLATION OR POSTPONEMENT OF A 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 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 Buyer’s behalf from the opening bid up to 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 one of consignor’s counteroffers 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.
Buy Now Vehicles - IAA may occasionally offer vehicles on its BUY NOW platform, which allows vehicles to be purchased outside of an auction format. Buyer acknowledges and agrees that these Auction Rules apply to BUY NOW vehicles.
Tie Bid Policy - In the event that the highest bid at the close of a vehicle auction is a tie between a Proxy Bid and a bid from a Buyer attending the live auction in person, 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 Buyer to verify fees charged by any IAA Facility prior to incurring such charges. All fees are subject to change and Buyer shall confirm the applicable fee before incurring such charges.
Payment - Payment for any vehicle awarded is due within three business days (auction day plus two business days; i.e., if auction is on Monday, payment is due by close of business on Wednesday). Vehicles not paid for within the specified time frame 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, cash, traveler’s check, cashier’s check, money order, or credit card (additional rules apply to credit card payments). Credit card payments may be subject to a convenience fee. Company checks will only be accepted with prior written approval by IAA. If Buyer receives written approval to use company checks for payment, Buyer will also be given access to the I-Pay online payment system. Restitution for any checks returned to IAA for any reason must be received within two working days. Any check returned for non-sufficient funds (“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, fees, and expenses (including attorneys’ fees) associated with or relating to NSF payments, credit card charge-backs and other past due accounts, including but not limited to collection agency fees. See our Cash Handling Policy for more information.
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, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ 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 nine business days of sale, Buyer agrees to pay IAA the “Renege Fee” of $1,000 or 15% of sale price, whichever is greater. Buyer is also responsible for any and all costs and expenses incurred by IAA arising out of or related to collecting the Renege Fee, including attorneys’ fees and court costs. Bidding privileges will be suspended until the Renege Fee has been received by IAA. Any buyer that reneges on a second vehicle may have bidding privileges revoked.
Vehicle Loading - A 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 AND BUYER REPRESENTATIVES ARE SOLELY RESPONSIBLE FOR PREVENTING DAMAGE TO THE TRANSPORT OR VEHICLE AND SECURING THE LOAD. KNOWING THESE AND OTHER RISKS INHERENT IN THE LOADING PROCESS, BUYER AND BUYER REPRESENTATIVES FULLY ASSUME ALL RISKS ASSOCIATED WITH THE LOADING PROCESS AND BUYER AND BUYER REPRESENTATIVES IRREVOCABLY AND UNCONDITIONALLY WAIVE AND RELEASE IAA INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, JUDGMENTS, COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO CLAIMS FOR BODILY INJURY, PROPERTY DAMAGE, OR OTHER OCCURRENCE DURING THE LOADING PROCESS, WHETHER CAUSED BY IAA’S OWN NEGLIGENCE OR OTHERWISE.
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 time frame, storage fees will be charged per day/per vehicle. Vehicles can be picked up only 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 Facilities after the sale date will be at the sole risk of Buyer. Risk of loss on a purchased vehicle passes to Buyer once the vehicle has been awarded to Buyer. BUYER AND BUYER REPRESENTATIVES SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS IAA INDEMNIFIED PARTIES FROM ANY AND ALL LOSSES, CLAIMS, DEMANDS, LAWSUITS, DAMAGES, OBLIGATIONS, LIABILITIES, JUDGMENTS, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RESULTING FROM DAMAGE TO BUYER’S AWARDED VEHICLE.
Collections - Buyer agrees to pay all reasonable expenses (including attorneys’ fees) and costs, whether or not a lawsuit is filed, incurred by IAA to collect any amounts due to IAA which have not been paid after written demand from IAA to buyer.
Rules Applicable to IAA Facilities -
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 to, dismantling of, or any 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.
7. 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. Buyer is responsible for changing the default password for its Login and maintaining the confidentiality of its updated 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 the System’s 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, nonpayment 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, Representations, and Warranties
PLEASE READ CAREFULLY AS THE FOLLOWING PROVISIONS AFFECT A BUYER’S LEGAL RIGHTS AGAINST IAA, UNLESS A PURCHASE IS MADE AT AN IAA IGNITE LOCATION. FOR IGNITE TERMS, PLEASE SEE “IGNITE TERMS AND CONDITIONS.”
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, INCLUDING INFORMATION PROVIDED BY A DEPARTMENT OF MOTOR VEHICLES, MOTOR VEHICLE DIVISION, OR DEPARTMENT OF REVENUE.
4. IT IS THE SOLE RESPONSIBILITY OF 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 OR OTHERWISE RELY ON ANY 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, KEYS, OR VIN PLATES, 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 BUYER’S RESPONSIBILITY TO INSPECT AND CONFIRM THE NOTED PARTS ARE PRESENT PRIOR TO PLACING A BID.
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.
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.
9. A GENERAL STATEMENT REGARDING THE LOCATION OF DAMAGE TO THE VEHICLE, 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. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT A STATE OR COUNTRY MAY CHANGE A VEHICLE’S TITLE OR BRAND CLASSIFICATION AFTER IT IS PURCHASED BY BUYER AND THAT IAA ASSUMES NO RESPONSIBILITY FOR THAT CHANGE IN CLASSIFICATION OR ANY CONSEQUENCES FLOWING THEREFROM. FOR EXAMPLE, BUYER MAY PURCHASE A VEHICLE IN ONE STATE UNDER A CLEAR SALE DOCUMENT BUT MAY BE REQUIRED TO SELL THE SAME VEHICLE UNDER A SALVAGE SALE DOCUMENT IN A DIFFERENT STATE. 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 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 OR RELATED TO 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.
16. SAFETY RECALL WARNING - Buyer acknowledges that Vehicles may be or may have been subject to one or more manufacturers recall for safety related items. Recalls may be researched at NHTSA.org, as well as the manufacturer’s internet website. Certain parts subject to those recalls may still be present in the Vehicles. Buyer’s purchase of the Vehicle acknowledges this warning; Buyer assumes full responsibility to identify such recalls, and will refrain from re-using or selling any part subject to such safety recalls.
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 - The following dispute resolution process shall apply to any Dispute related to or arising out of Buyer’s relationship with IAA, including but not limited to Disputes related to or arising out of vehicles sold by IAA, IAA auction events, the registration or bidding process, or the Buyer Agreement: If Buyer’s complaint relates to a vehicle offered for sale by IAA, Buyer shall first notify IAA of the Dispute in writing at least thirty (30) days in advance of initiating arbitration or the small claims court action (if applicable) described herein and attempt to informally negotiate a resolution to the Dispute in good faith. Notice to us should be sent via certified mail to: firstname.lastname@example.org. The notice of Dispute must: (a) include your name, address, phone number, and e-mail address(es) used to register with or use the services; (b) describe the nature and basis of the dispute; (c) identify the IAA facility from which the Dispute arose; (d) enclose and/or identify all relevant documents and/or information; and (e) set forth the specific relief sought. If IAA and you do not reach an agreement to resolve the Dispute within thirty (30) days after the notice is received, you may commence with a formal arbitration proceeding or small claims court action (if applicable).
Choice of Law - The laws of the State of Illinois shall apply to any Dispute arising out of or related to the Buyer Agreement, notwithstanding any state’s choice of law rules to the contrary.
Submission to Arbitration
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU UNDERSTAND AND AGREE THAT BY THIS PROVISION, BUYER AND BUYER REPRESENTATIVES ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU AGREE THAT ANY AND ALL DISPUTES THAT HAVE ARISEN OR MAY ARISE BETWEEN IAA AND BUYER (INCLUDING BUYER REPRESENTATIVES) SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY.
Buyer, Buyer Representatives, and IAA agree that any and all claims or disputes between them (“Disputes”) shall be submitted to and resolved exclusively by binding arbitration instead of litigation, except as otherwise specifically provided below. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (1) Disputes arising out of or related in any way to vehicles listed for sale at any IAA facility; (2) Disputes arising out of or related in any way to transactions, payments, or fees associated with vehicles listed for sale at any IAA facility; (3) Disputes arising out of or related in any way to the Buyer Agreement; (4) Disputes that arose before your agreement to the Buyer Agreement or any prior agreement; (5) Disputes that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (6) Disputes that may arise after the termination of your use of the services.
A. MANDATORY AND BINDING ARBITRATION PROCEDURES
1. The Federal Arbitration Act and federal arbitration law apply to arbitration under the Buyer Agreement. The arbitration shall be held in Cook County, Illinois or the county in which the IAA Facility involved with the claim is located. You and IAA may elect to have the arbitration conducted based solely on written submissions, subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or IAA may attend by telephone, unless the arbitrator requires otherwise.
2. The arbitrator will decide the substance of the Dispute in accordance with the laws of the state of Illinois, regardless of choice of law principles, and will honor all claims or privilege recognized by law. The arbitrator will have the power to award a party any relief or remedy that the party could have received in court in accordance with the law(s) that apply to the Dispute. 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.
3. Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s rules, unless otherwise stated in these Auction Rules. IAA will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, unless the arbitrator determines that the Dispute was filed for purposes of harassment or is patently frivolous. Reasonable documented attorneys’ fees of both parties will be borne by the party that ultimately loses.
B. CLASS ACTION WAIVER: ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. NEITHER PARTY SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL DISPUTE OR CLAIM. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S DISPUTES, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IAA DOES NOT CONSENT TO CLASS ARBITRATION. THE PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
C. ARBITRATION OPT OUT: You have the right to opt out and not be bound by this arbitration provision by sending written notice of your decision to opt out to: email@example.com. This notice must be sent within thirty (30) days of when you first register as a Buyer or, if you are already a Buyer, upon initial release of this arbitration provision, within thirty (30) days of your acceptance of these terms.
1. The opt-out notice must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number and e-mail address(es) used to register as a Buyer. You must sign the opt-out notice for it be effective. Any opt-out not received within the applicable thirty (30) day period set forth above will not be valid.
2. If you optout of the agreement to arbitrate, you and IAA agree that any Disputes will be resolved by a state or federal court located in Cook County, Illinois, and you consent to the jurisdiction and venue of such court.
D. SMALL CLAIMS. You may choose to pursue your Dispute in small claims court (rather than arbitration) where jurisdiction and venue over IAA and you are proper, and where your claim does not include a request for any type of equitable relief, and so long as the matter advances on an individual (non-class) basis.
E. INJUNCTIVE RELIEF: Notwithstanding anything to the contrary in the foregoing, either party may bring suit in court seeking temporary or preliminary injunctive relief, which shall then be subject to review by the arbitrator should such party further seek permanent injunctive relief in arbitration.
F. TIME LIMIT TO PURSUE DISPUTE. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to the Buyer Agreement or your relationship with IAA must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Limitation of Liability
NOTWITHSTANDING ANYTHING IN THESE AUCTION RULES 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 RELATED TO, THE BUYER 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 the Buyer Agreement.
Buyer may terminate the Buyer Agreement at any time by ceasing to participate in IAA auctions and ceasing 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 hereof.
IGNITE LOCATION TERMS AND CONDITIONS
Policies - IAA offers an arbitration service which is governed by the policies and procedures in this section (the “Ignite Auction Arbitration Policy”) to resolve disputes between Buyers and sellers at IAA’s Ignite locations. A car is eligible for the arbitration service if either an announcement is made at the time of auction or if it is accompanied by a green or yellow light at the auction point. Our process is designed to be fair, impartial, quick, and economical. The Ignite Auction Arbitration Policy generally follows the National Auto Auction Association’s Arbitration Policy- In-Lane and Online (the “NAAA Arbitration Policy”), as may be amended from time to time. (See www.naaamap.com/NAAA/standards/standards.html). If there is any conflict between the terms of the Ignite Auction Arbitration Policy and the terms of the NAAA Arbitration Policy, the terms of the Ignite Auction Arbitration Policy prevail. Notwithstanding the above, certain commercial sellers may adhere to their own arbitration policies and procedures. Furthermore, if a provider of a vehicle has opted out, the Ignite Auction Arbitration Policy will not apply.
Definitions - In addition to the terms defined in the NAAA Arbitration Policy and elsewhere in these Auction Rules:
i. “Arbitrator” means the IAA employee(s) responsible for adjudicating disputes and managing the dispute resolution process contemplated in these Auction Rules.
ii. “Claim” means a claim submitted by Buyer for arbitration.
iii. “Off-site Sale” means an online sale where, at the time of sale, the Vehicle was not physically located at an IAA Ignite location.
iv. “Policy” or “Policies” mean the Ignite Auction Arbitration Policy, NAAA Arbitration Policy and any applicable Seller Specific Policies.
v. “Vehicle Listing Category” means the category under which an online vehicle is listed for sale as set out below.
Seller Obligations - It is Seller’s obligation to fairly represent its Vehicle and to correct any errors made regarding disclosed conditions. Seller is responsible for the accuracy and completeness of all disclosures regardless of whether or not Seller has relied on third-party resources (e.g. inspection company, vehicle listing service, electronic data vehicle history report, etc.).
Buyer Obligations - Before bidding on a Vehicle, Buyer is required to know the arbitration rules in place for the Vehicle. In addition, Buyer should carefully inspect the Vehicle, review all disclosed information including photos (as applicable), and listen to all announcements from the auctioneer.
Disclosure Standards by Vehicle Listing Category for Online Sales - Seller is responsible for designating the appropriate Vehicle Listing Category and ensuring that the Vehicle satisfies the requirements of the category selected. If a seller fails to designate a Vehicle Listing Category, it will be offered for sale under the standard category.
|Vehicle Listing Category||Disclosure Requirements/Arbitration Rights||Arbitration Period|
|As Is||All As Is disclosures as per NAAA Arbitration Policy have been made (see Appendix I: NAAA Arbitration Policy Guideline to NAAA Arbitration Policy).||Per NAAA Arbitration Policy|
|Standard||All disclosures as per NAAA Arbitration Policy have been made (see Appendix I: NAAA Arbitration Policy Guideline to NAAA Arbitration Policy).||Per NAAA Arbitration Policy.|
|As Described||In addition to the arbitration rights available under the Standard Vehicle Listing Category, Buyer will be entitled to arbitrate the following conditions:
- Prior Repair - If the sale price is less than $35,000, three or more adjacent panels (excluding bumper panels) have been painted or replaced.
- If the Sale Price is equal to or more than $35,000, two or more adjacent panels (excluding bumper panels) have been painted or replaced.
|48 hours from receipt of vehicle, not to exceed 14 calendar days from date of purchase.|
|OEM CPO Eligible||Seller-specific policies apply. Buyer will be entitled to arbitrate conditions certified under the applicable OEM authorized certified pre-owned program in accordance with the terms of the applicable Seller Specific Policies. See specific program details referenced on vehicle listing page for further information.||48 hours from receipt of vehicle, not to exceed 14 calendar days from date of purchase. |
|Front Line Ready||In addition to the arbitration rights available under the As Described Vehicle Listing Category, Buyer will be entitled to arbitrate the following conditions:
- Required mechanical or electrical repairs
- Modified Engine - Non-OEM engine modifications have been made.
- OEM specified scheduled maintenance has not been performed.
- Oil or oil filter has not been changed within the last 250 miles.
- Brake Standards not met. “Brake Standards” means that (i) the master cylinder should be full and fluid in good condition, (ii) the hydraulic system has no leaks, cracks or signs of significant deterioration, (iii) the rotors, drums, calipers and brake hardware are free of significant defects, (iv) rotor thickness is more than the minimum thickness stamped on the inside of the rotor and does not have excessive lateral run-out or lack parallelism enough to cause pulsation, (v) the calipers slide freely and do not stick, (vi) the brake pads have a minimum of 50% material and measure to 5/16 inch or more, (vii) the drums are not out of round enough to cause pulsation and have above the minimum thickness standard stamped inside the drum, (viii) the brake shoes have a minimum of 3/16th of lining, (ix) the parking brake maintains vehicle in parked position and releases without difficulty, and (x) the brakes do not pull, clunk, scrape, squeal, grab or exhibit premature lockup.
- Tire Standards not met. “Tire Standards” means that tires, excluding space-saving spare tires, are (i) all of the same make, model and size, (ii) not out of round, (iii) free of flat spots, (iv) without visible broken belts or excessive camber/toe wear, (v) free of plugs or damage to walls, and (vi) having tread depth of at least 4/32.
- Battery does not hold charge.
- Non-OEM engine or engine modifications
- Non-OEM modifications to Vehicle height, spring support or mounting.
- Failure to pass state required emissions standards at Grounding Location or Ignite Location, as applicable.
- Odometer rolled back, broken, or unreadable
- Leaks or excessive wear to shock absorbers
- Damage or excessive wear to springs, sway bars, bushings, ball joints, or mounts
- Clutch leaks, has excessive noise or play.
- Windows, headlights or taillights do not function properly
- Alarm (if equipped) or parking brake do not function properly
- Holes or tears in carpet or upholstery
- Glass damage
- Interior foul odor
- Prior: salvage, insurance total loss or theft recovery, taxi, limousine, donated or charity Vehicle, government, municipal, emergency services, or daily rental vehicle
|48 hours from receipt of vehicle, not to exceed 14 calendar days from date of purchase.|
Online Photographs - Photographs must accurately and fairly represent the condition of the Vehicle. Photographs of damage or other conditions that could materially affect the value of a Vehicle should be included. Below is a summary of the minimum photo recommendations for off-site vehicles:
Vehicle Listing Category
# of Photos
2 to 4
(1) Front, left side; (2) Rear, right side
(1) Exterior front; (2) Exterior rear: (3) Exterior, left side; (4) Exterior, right side
Standard & As Described
3 to 6
Same as for As Is plus: interior front section (driver or passenger).
Additional optional photos: engine bay; and if Vehicle is a pickup truck, the truck bed.
OEM CPO Eligible (Seller Specific Rules)
Same as for Standard plus additional photos as per OEM CPO Seller rules
Front Line Ready
1) Exterior front; (2) Exterior rear:(3) Exterior, left side; (4) Exterior, right side; (5)interior front section (driver or passenger); (6) engine bay; (7) if Vehicle is a pickup truck, the truck bed.
Disclosure Conflicts - Information regarding the description, condition, or history of a Vehicle may come from multiple sources which occasionally may result in inconsistent or conflicting disclosure information. Unless otherwise stated, disclosure conflicts will be resolved in the following order of priority: (1) Auctioneer announcements on the block at an In-Lane sale; (2) Specific disclosures in “Announcements” section of Vehicle information page, (3) Damage or conditions clearly visible in photographs of Vehicle on Vehicle Information page (note: this does not apply to pictures showing non-OEM equipment, such as bike/ski racks, rims, etc. which should be presumed not to be included with the Vehicle unless also included in the Vehicle description) (4) Disclosures in an inspection/condition report (5) Disclosures in “options” section of Vehicle detail page.
Arbitration Period - The arbitration periods established under the NAAA Arbitration Policy apply to all Vehicles sold through Ignite unless otherwise stated in the Vehicle Listing category matrix above. The arbitration period may be longer if Buyer purchases a Post-Sale Inspection (See the terms and conditions of IAA’s Ignite PSI program for further details). To preserve arbitration rights, Buyers are strongly encouraged to be diligent in their inspection and research of Vehicle purchases within the relevant arbitration period.
Arbitration Process for All Transactions.
i. Payment - Initiating the arbitration process does not relieve Buyer of its payment obligations. Failure to pay may result in loss of arbitration rights and/or temporary or permanent suspension of auction privileges.
ii. Start Claim - Start Claim in manner indicated for type of sale.
iii. Review of Claim - IAA will review only issues identified in the initial Claim. IAA may, but is not required to, consult with Buyer, Seller or both parties to gain a better understanding of the issue(s) in the Claim. When appropriate, IAA may refer the Vehicle to an auction mechanic, inspector or external resource such as an authorized dealership or specialty shop for consultation. The unsuccessful party (Buyer or Seller) in the arbitration will be responsible for payment of all expenses (e.g. mechanical consultation) incurred in the Claim review.
iv. Decision - After reviewing the Claim, Arbitrator will decide whether the Claim is valid. Before deciding what the remedy should be, Arbitrator may attempt to facilitate a resolution between Buyer and Seller. If agreement cannot be reached, IAA will decide the appropriate remedy, if any.
v. Arbitration Award - It is understood that, as Arbitrator, IAA will grant any remedy or relief that it considers fair and reasonable in the circumstances, including but not limited to: cancellation of sale and full refund of purchase price; partial refund of purchase price; repair of defect at Seller’s expense; repair of defect with the costs apportioned between Buyer and Seller; and partial or full reimbursement of transportation, reconditioning, and/or repair costs. All amounts that the Arbitrator determines should be paid as a result of the Claim are referred to as the “Award Amount”. Seller must pay the Award Amount within the time limits imposed under these Auction Rules
vi. Payment of Award Amount by Seller - Seller agrees to pay Award Amount on or before three (3) business days after IAA notifies Buyer and Seller of Arbitrator’s final decision. If Seller fails to pay the Award Amount within the time limit, IAA reserves the right to charge Seller a late payment charge and/or to offset and deduct the Award Amount from any amounts payable by IAA to Seller.
vii. Payment of Award Amount to Buyer - IAA may withhold (or offset) all or part of the Award Amount from Buyer if (i) transferable title is not returned (when applicable), (ii) Buyer has unresolved past due amount payable to IAA, and/or (iii) IAA determines that the Vehicle’s condition has changed while in Buyer’s possession.
viii. Returns - If the Arbitrator has determined that the sale should be cancelled and the Vehicle returned, Buyer will follow the return procedure indicated for the type of sale.
ix. Finality - The decision of the Arbitrator is final and binding on Buyer and Seller. By doing business with IAA, Buyer and Seller hereby appoint IAA to serve as Arbitrator and empower it to render a final, binding decision in settlement of all Claims submitted for arbitration. Upon payment of the Award Amount and/or otherwise implementing the Arbitrator’s decision, Buyer and Seller are deemed to release each other from all claims and demands regarding the matters referred to Arbitration.
Start Arbitration Claim - Before starting a Claim, Buyer must pay IAA all amounts owing including any transportation costs. An arbitration Claim must be started before the end of the sale day by contacting the IAA Ignite location and following the instructions of the Arbitrator or by submitting appropriate information and documentation online to the IAA arbitration department through IAA’s Service Portal (or as otherwise directed by IAA). Buyer submits the following information: Buyer’s name and telephone number; contact person and telephone number; Vehicle VIN, model and year; Delivery Time; and a description of the issue(s) to be arbitrated.
Submit Supporting Documentation - No later than two business days after starting the Claim, Buyer is required to submit supporting documentation, including but not limited to: (i) the original Online description of the Vehicle (condition report, Vehicle detail page, etc.); (ii) digital photographs of the defect(s) underlying the Claim; (iii) wholesale (not retail) repair estimates from an independent and reputable source; and (iv) Bill of Lading, transport release form, or other form of delivery receipt from transportation company, if applicable.
Buyer’s Obligations - Buyer will not use any Vehicle that is subject to an arbitration Claim. Other than for test-driving purposes (not to exceed 20 miles), Buyer may lose right to make or continue a Claim if Buyer drives Vehicle. Pending a final decision on the Claim, Buyer must, at its own expense, take reasonable steps to care for, preserve, secure and store the Vehicle until Vehicle is properly returned. Buyer is not entitled to charge any parking, marshalling or other fees in connection with its preservation of the Vehicle. Buyer will be charged the cost of damage repair and/or assessed a penalty fee for any breach of this provision.
Returns - If the sale is cancelled, Buyer and Seller will follow the instructions provided by the Arbitrator regarding arrangements for pick-up and delivery of the Vehicle. Seller will be responsible for all Vehicle return transportation costs and, if so determined by Arbitrator, Buyer’s transportation costs.
1. If Vehicle is returned to an IAA Ignite location, the return process applicable to In-Lane sales will be followed.
2. If Vehicle is not returned to an IAA Ignite location, risk of loss of the Vehicle remains with Buyer until the Vehicle is delivered to Seller or to Seller’s carrier or other agent. Buyer is responsible for ensuring that at time of delivery to Seller, Vehicle is in the same or better condition as when it was sold.
Limited Arbitration Rights for Buyer at Grounding Location - For Off-site sales, if at time of sale Vehicle is sited at Buyer’s location (i.e. the Grounding Location), the arbitration rules for As Is In-Lane sales, including arbitration periods and disclosure requirements, apply (see Appendix I: NAAA Arbitration Policy Guideline to NAAA Arbitration Policy).
Additional Terms and Conditions.
IAA reserves the right to interpret, waive or vary any provision of these policies if, in its sole discretion, IAA considers it fair and reasonable to do so in the circumstances.
If the sale is cancelled due to Seller’s failure to disclose one of the conditions that permits extended arbitration under the NAAA Arbitration Policy (see Appendix I: NAAA Arbitration Policy Guideline to NAAA Arbitration Policy), Seller will re-pay to IAA the full purchase price, all Buyer and Seller fees, plus any other amount IAA, in its discretion, determines to be fair and reasonable compensation to Buyer. IAA reserves the right to assess additional fees against Seller or Buyer (e.g. dry run, late pick-up, late return, etc.) that IAA, in its discretion, determines to be fair and reasonable in the circumstances.
IAA reserves the right to deny or limit arbitration rights if Vehicle has been transported to a country different than the country of the Grounding Location.
Post-Sale Inspection Services.
Customer may request that an inspection be performed on a Vehicle.
IAA PSI - IAA conducts a Post Sale Inspection (“PSI”) on a Vehicle purchased from an Ignite location for a fee and as a convenience for customers. IAA will use commercially reasonable efforts to perform the PSI which will take place at the auction facility. See IAA’s posted PSI policy and forms. Seller agrees that vehicle pick-up deadline will be extended until the date that is two business days after the PDI Process End Date. IAA will, as a convenience to Buyer, review the inspection report prior to the Vehicle being transported to Buyer and may on Buyer’s behalf submit a Dispute eligible claim to Seller based on a discrepancy between Vehicle disclosures on the vehicle detail page and inspection report, as determined in IAA’s reasonable judgment and in accordance with these Ignite Locations Terms and Conditions. In addition, notwithstanding IAA’s review of the PDI report, Buyer may initiate arbitration in accordance with the applicable arbitration deadline. In no event will IAA be liable to either Buyer or Seller for any failure by IAA to correctly interpret the inspection report as against the Vehicle disclosures in the vehicle detail page. The date on which IAA completes its review of the PSI inspection report and determines a Final Dispute Award (if any) based on the PSI report is the “PSI Process End Date.”
Certified Auction Partner provided PSI - IAA arranges for one of its certified auction partners (“CAP”) to conduct a PSI on a Vehicle on behalf of Buyer for a fee; however, IAA does not warrant or otherwise endorse the services provided by the third party.
Seller Ordered Inspection - A third party inspection company conducts a PSI on a Vehicle. The Seller (and not IAA) is liable for any failure of the third-party inspection company to adequately inspect the Vehicle or adequately disclose in the inspection report any discrepancy or defect of such Vehicle. IAA does not warrant or otherwise endorse the services provided by the third party.