BID SALE POLICIES

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Introduction

These policies and procedures form the basic agreement between the buyer, seller, and ABS Auto Auctions. All buyers, sellers, and their representatives who do business through ABS Auto Auctions are deemed to have read, know, understand, are subject to, and bound by these policies and procedures, as they may be amended from time to time. Lack of knowledge concerning these policies and procedures will not release buyers, sellers and their representatives from their obligations to abide by them. ABS Auto Auctions reserves the right to change or amend these policies and procedures as needed, at any time. ABS Auto Auctions also reserves the right to interpret these policies and procedures, and to decide all issues of dispute concerning same; ABS Auto Auction’s decisions shall be final and binding.

It shall be the responsibility of all buyers, sellers and their representatives to review and be aware of these policies and procedures, and any other rules of the ABS Auto Auctions program, including any revisions thereto, before doing business with ABS Auto Auctions. Buyers, sellers and their representatives who do not comply with these policies and procedures and other rules of ABS Auto Auctions, may be barred from doing business with ABS Auto Auctions. These policies and procedures shall be the general policies and procedures of ABS Auto Auctions for all transactions, unless specific vehicles are subject to special programs, in which case the terms of the special program shall control the extent they are different from or additions to these policies and procedures.

ABS AUTO AUCTIONS IS A PRIVATE BUSINESS THAT IS NOT OPEN TO THE GENERAL PUBLIC. ACCESS IS BY INVITATION ONLY. ABS AUTO AUCTIONS RESERVES THE RIGHT TO REFUSE TO DO BUSINESS WITH ANYONE, AND TO REFUSE ACCESS TO ANYONE AT ANY TIME.

Registration

The following documents are required to complete the registration process:

• Completed Dealer Registration
• Current Dealer’s License (must be for the address of the business)
• One Month’s Bank Statement
• Current Surety Bond
• Current Seller’s Permit (showing sales tax number for address of the business)
• Completed and signed Resale Certificate
• Copy of current Driver’s License and Social Security Card
• Signed Auction Policies and Procedures
• Title Mailing Method
• List of authorized buyers and their current salesman license, drivers, transporters and/or title carriers (a dealer who gives an agent authorization to act on their behalf shall assume responsibility for said person’s conduct or actions, until written notice of cancellation is received in the main administrative office).
• Provide annually, current copies of dealer’s license, seller’s permit and bond.
• For Corporation and LLC:
• List of all officers.
• Articles of Incorporation.
• Personal guaranty.
• Partnership dealers must provide a list of all owners and partners.

Auction Guidelines

• Operating Hours:
  • Administration Office: 8:30 am – 5:30 pm Mon. – Thurs. 8:30am – 5:00pm Fri.
  • Sale Locations: 9:00 am – 5:00 pm Mon. – Fri.
• Buyer and Seller must notify ABS Auto Auctions, in writing, of any changes in authorized representatives or ownership structure. Failure to notify ABS will not release Dealer’s obligations. Dealer is responsible for any and all transactions conducted by said representatives.
• All dealers, drivers or porters must check in and show a valid Driver’s License before entry at each location.
• Speed limit is 5 mph.
• No person under 18 years of age is allowed on auction premises.
• Free copies of ABS Auto Auction’s policies and procedures are available online at www.absautoauctions.com, at each sale location or by calling the administrative office to have a copy mailed.
• All vehicles on the auction premises are subject to search.
• ABS Auto Auctions will prosecute all persons for tampering, theft or vandalism of vehicles.
• Any vehicle left on the auction’s customer parking lot for more than one week will be subject to tow. Any vehicle left on the property will be subject to tow, if not removed when requested to do so.
• ABS is not responsible for any theft or damage to vehicles that have not been removed from the auction premises following the sale.
• Any issue brought to ABS Auto Auctions after the allowed time frame will not be arbitrated. NO EXCEPTIONS!
• Book sheets and window announcements are provided as a courtesy only. This information is not to be relied upon as complete and/or accurate, and is not subject to arbitration, except with the Inspection Guarantee program.
• All vehicles sold through ABS Auto Auctions are sold “AS IS”, unless announced as Powertrain or Frontline Guaranteed, unless using theInspection Guarantee Program. See Inspection Guarantee Policies.
• “ As is” vehicles may have issues/problems including, but not limited to, motor, transmission, airbags and/or frame/unibody damage.
• Autocheck and Carfax will be considered, but not necessarily binding for arbitration.
• All confirmed arbitration will be allowed the following options:
  • Agreement of a mutual adjustment between both parties.
  • Cancel sale and return vehicle (with allowed expenses outlined in specific areas).

Guarantees/Arbitration

As an accommodation to its customer, ABS provides arbitration services for disputes that may develop between dealers, in connection with undisclosed conditions or breach of guarantees that may exist on vehicles that are sold through ABS Auto Auctions. Such arbitration services shall be performed at the discretion of, and pursuant to the arbitration policies of ABS. In order to enter into arbitration, the buyer must give ABS notice of the undisclosed condition or breach of guarantees within the time specified herein, depending on the type of condition or breach of guarantee. If the buyer fails to give notice within the specified time frame, ABS shall have no duty or obligation to provide arbitration service, and the sale will be final.

General Buyer Responsibility

• All Sales are Final!
• Buyer must verify year, make, model, mileage and condition of vehicle (except when using Inspection Guarantee Program).
• Incorrect emblems, window information, book sheets, etc. will not be subject for arbitration, unless using the Inspection Guarantee Program. See Inspection Guarantee Policies.
• Honor bids. Failure to honor bid(s) or pick up car(s) will result in the auction reselling car. Should a balance remain, the dealer will be responsible for any deficit. If the balance is not paid, ABS Auto Auctions may file against Dealer’s bond or pursue other legal means to recover any losses incurred, and Dealer will be barred from ABS Auto Auctions.
• Pay for and remove vehicles from sale location within 3 business days from first designated pick-up day.
• All late pick-ups or stored vehicles will be charged a $25.00 fee per day.
• Any damage caused to any vehicle by a buyer or his representative in excess of $250.00 shall result in the purchase of the vehicle(s) in the amount of the lesser of:
  • Consignor’s dealer cost.
  • Kelly Blue Book wholesale value of the vehicle(s).
• ABS Auto Auctions assumes no responsibility for lost/stolen radios, equipment or minor damage. This matter will not be arbitrated.
• Speedometers will not be arbitrated.
• A $100.00 arbitration fee plus any inspection fees will be charged for all invalid arbitration.
• Any fraudulent expenses reported will result in buyer not being paid, and may result in termination of conducting future business with ABS Auto Auctions.
• If sale is cancelled, vehicle must be returned to selling branch location within 3 business days.
• If sale is cancelled, vehicles must be in like or better condition, miles not to exceed 500 from purchased mileage. Vehicles that sell for $1,000 or less can only be arbitrated for late title.

General Seller Responsibility

1. If sale is cancelled and vehicle is returned, seller will be charged the purchase price of vehicle, buyer and seller fee and any expenses as outlined in policies.

2. Any final sale that must be cancelled at seller’s request, seller will be responsible for transportation, buy fee and any reasonable documented expenses

3. If a vehicle is entered into arbitration, seller will be given the following options:

• Have vehicle inspected. If complaint is verified, inspection fee will be charged to seller.
• Offer an adjustment
• Cancel the sale (see specific area for expense reimbursement).

THE FOLLOWING, UNLESS REPRESENTED AS SUCH IN THE ANNOUNCEMENT SECTION ON THE BID SHEET, ARE THE ONLY ITEMS GUARANTEED THAT QUALIFY FOR ARBITRATION:

Title

The following documents are not acceptable, unless announced as such, on the inventory list/bid sheet:

• Duplicate title applications.
• Junk or Salvage Bill of Sale.
• Lien documents and government sale documents.
• Gray Market vehicles, including Canadian vehicles, or vehicles that do not meet USA standards.
• Foreign (non-USA) documents.
• Paperless title certificates or transfers.
• Theft recovery or branded titles (example: salvage, police, taxi, rental, kit car, lemon law and factory buy backs).

Seller Responsibility

• Provide a KSR or current registration, along with title and corresponding paperwork. If KSR or current registration is not provided, ABS Auto Auctions will charge a $10.00 fee.
• Provide a title that is marketable and free and clear of all liens and encumbrances.
• Title documents from all 50 states are acceptable, providing they are accompanied by documents necessary to register the vehicle in the state of purchase.
• All penalties and fees associated with expired registration must be paid. This does not include current year’s registration.
• Provide title to ABS Auto Auctions within 60 days of sale date. All titles over 60 days are subject to sale being cancelled.
• Any title not received free and clear at ABS Auto Auctions within 4 months from the sale date will be considered “No Title Available.” All reconditioning fees incurred by the Buyer will be reimbursed by the Seller, up to $750.00.
• The Seller will be given a reasonable amount of time to clear title issues arising from DMV clerical errors. The unit cannot be returned unless it is determined that the error(s) will take over 30 days to correct.
• If a sale is cancelled by ABS Auto Auctions for late title, seller will be charged for expenses up to $750.00.
• Notify ABS Auto Auctions of intent to cancel sale due to late title.
• Allow 5 business days from notice, for ABS Auto Auctions to produce title, before vehicle may be returned.
• In the event a vehicle is being returned for late title and the title is presented free and clear before the unit arrives at ABS Auto Auctions, the vehicle WILL NOT be subject to unwind/arbitration for late title. If the vehicle arrives before a title is presented free and clear, that vehicle can be arbitrated for late title.
• Allow 5 business days from notice, for ABS Auto Auctions to produce title, before vehicle may be returned.
• Notify ABS Auto Auctions regarding unannounced “Prior Rental”, within 7 days of purchase.
• If sale is cancelled at buyer’s request, no expense reimbursement will be allowed.
• Any and all unannounced title issues must be reported within 5 business days of receipt of title. Day One begins the day after check deposit notification.

Auction Responsibility

• ABS Auto Auctions will examine all titles. If correct, title will be processed. If incorrect, title will be returned to seller for completion.
• Seller will be paid within 2 business days of ABS Auto Auctions receiving correct and complete title documentation. Seller fees will be deducted from checks sent by ABS Auto Auctions for purchase price of vehicle.
• ABS Auto Auctions may, at its discretion, cancel the sale or take the necessary steps to secure title, if seller is unable to produce title within the allowed 60 day time frame. All expense in obtaining the title will be charged to seller.
• All titles for units purchased through ABS Auto Auctions are guaranteed to conform to California DMV.

Odometer

Seller Responsibility

• The seller must make an odometer disclosure that is complete and accurate for each vehicle, by indicating the current odometer reading and announcing one of the following, if applicable; if no announcement is made, the vehicle is assumed to have actual miles, and will be arbitrated as such.
• EXCEEDS MECHANICAL LIMITS (EML ): Vehicles with mileage in excess of the mechanical limits of the odometer should not be assumed to have any specific mileage.
• NOT ACTUAL MILEAGE ( NAM): Vehicles with actual mileage that is different from what is shown on the odometer, or true miles are unknown.
• BROKEN or INOPERABLE ODOMETER (INOP) : Broken, inoperable or replaced odometers must be announced, regardless of other announcements. NAM will be marked on the odometer disclosure statement.
• If sale is cancelled for NAM, the seller will be charged seller and buyer fees, and expenses up to $750.00
• If a sale is cancelled for broken/inoperative odometer, seller will be charged seller and buyer fees.

Buyer Responsibility

1. Vehicles 10 years and older are exempt, and will not be arbitrated for mileage issues.
2. Vehicles found to have a broken or inoperative odometer must be brought to the attention of an ABS Auto Auctions employee, and must be visually confirmed by an ABS Auto Auctions
3. employee. This must be done before vehicle leaves the lot, and never to exceed 3 business days from the first designated pick-up day. You are strongly encouraged to verify the odometer is in working condition before the vehicle leavesthe sale location.
4. If sale is cancelled and vehicle is returned for broken/inoperative odometer, no reimbursement is allowed.
5. Vehicles found to have actual mileage different than what is shown on odometer ( NAM) must be arbitrated within 5 business days from receipt of proof (such as title or KSR indicating a mileage difference).
6. If sale is cancelled and vehicle is returned for NAM, expenses up to $750.00 are eligible for reimbursement.

VIN Plates

Seller Responsibility

• Announce any missing, altered, replaced or reassigned VIN’s.
• If sale is cancelled for missing or altered VIN, seller will be charged seller and buyer fees only.
• If a sale is cancelled for a reassigned or replaced VIN’s, expenses up to $750.00 are eligible for reimbursement.

Buyer Responsibility

• Must report any missing or altered VIN’s before vehicle leaves sale location.
• If sale is cancelled for missing or altered VIN, no expenses will be reimbursed.
• Reassigned or replaced VIN’s must be arbitrated within 5 business days from receiving proof.
• If a sale is cancelled for a reassigned or replaced VIN’s, expenses up to $750.00 are eligible for reimbursement.

Frame, Flood, Fire, Engine Changes and Fuel Conversions

Seller Responsibility

• All vehicles that are 5 years old and newer, starting with current model year and have less than 100,000 miles; OR that sell for more than $7,500 regardless of year or mileage, for 5 business days from the first designated pick-up day, must be guaranteed.
• If the sale is cancelled and the vehicle is returned, the seller will be charged seller and buyer fees, and reasonable one-way transportation.

Buyer Responsibility

• The buyer must notify ABS Auto Auctions within 5 business days from the first designated pick-up day.
• May be required to produce qualified frame documentation or return vehicle for inspection within a reasonable amount of time, as determined by ABS Auto Auctions. If necessary, vehicles being arbitrated for frame may be subject to Third Party “Laser Inspection” conducted by a facility designated by ABS Auto Auctions. Depending on the outcome, the Seller/Buyer will be responsible of the inspection fee and any associated costs.
• If the sale is cancelled and the vehicle is returned, only the inspection fee if applicable, and reasonable transportation one way, will be reimbursed. No other expenses will be reimbursed.
• Frame/unibody damage will be defined by ABS Auto Auctions with reference to the NAAA standards. Scrapes, scratches, jack/lift marks, clamp marks, minor corner tie-down marks not resulting from an accident, core support damage, damage in front shock towers on unitized bodies not affecting integrity and if vehicle measures to NAAA standards are non-arbitratable. Bumper and trailer hitches welded to frame are not considered frame damage. Vehicles with altered suspension are not subject to frame arbitration if damage is from alteration.
• Announced Salvage titles are not eligible for arbitration.

Air Bags

Seller Responsibility

1. The seller must guarantee the airbag on any vehicle that sells for $2,500 or more, regardless of year or mileage.

Buyer Responsibility

1. The buyer must notify ABS Auto Auctions within 5 business days from the first designated pick-up day.

2. If the sale is cancelled and the vehicle is returned, only the inspection fee if applicable, and reasonable transportation one way, will be reimbursed. No other expenses will be reimbursed.

3.Announced Salvage titles are not eligible for arbitration.

Optional Powertrain Guarantee (PTG) – Applies Only if Announced by Seller as PT Guarantee

Seller Responsibility

• Seller must guarantee (in addition to title, odometer, and VIN items listed above) the following, if announced as guaranteed PTG:
  • Defects, as determined by ABS Auto Auctions, in the engine, transmission and drive train (items excluded: brakes, front end, differential, c.v. joints, fuel system, power steering, air conditioning and engine leaks, unless excessive and causing damage to the vehicle).
• If sale is cancelled and vehicle is returned, seller will be charged seller and buyer fees, any reasonable transportation cost, and any inspection fees, as determined by ABS Auto Auctions.

Buyer Responsibility

• There is a $400.00 deductible.
• If arbitrated for engine, transmission or drive line assembly, buyer must return the vehicle to the sale location where purchased and specify complaint within two business days of pick-up, never to exceed 5 days from the first designated pick-up day. If vehicle has registered more than 100 miles, vehicle will no longer be eligible for arbitration.
• If the sale is cancelled, only reasonable transportation one way will be reimbursed. No other expenses will be reimbursed.
• If complaint cannot be verified, buyer must pick-up car and will be charged $100.00 plus inspection fee.
• Frame Damage rules still apply.

 Optional Frontline Guarantee (FLG) – Applies Only if Announced by Seller as Frontline Guarantee

Seller Responsibility

• Seller must guarantee (in addition to title, odometer, VIN, frame and PTG items listed above) the following, if announced as frontline:
• Smog and Safety items.
• All mechanical components.
• If sale is cancelled and vehicle is returned, seller will be charged seller and buyer fees, any reasonable transportation costs and any inspection fees, as determined by ABS Auto Auctions.

Buyer Responsibility

• Cosmetic items are non-arbitratable, unless purchased using the Inspection Guarantee Program.
• See PTG vehicle buyer responsibilities above.

 Bidding Procedures

• All bids may be submitted through the following methods:
• Online at www.absautoauctions.com, until 6:00 p.m. last day of the sale.
• Faxing bid sheet directly to main office at 888-510-2400, no later than 5:00 p.m. last day of the sale.
• Turning in bid sheet at sale branch location, by 5 p.m. last day of the sale.
• Changes, additions, deletions, and increases or decreases in bid amounts will not be allowed after sale cut-off times.
• Bid mistakes, such as transposing numbers or bidding on wrong line or car, will not release buyer from the responsibility of honoring the submitted bid.
• All bids submitted must be a minimum of $75.00.
• Tie bids will be awarded to first bid submitted. ABS Auto Auctions strongly encourages bidding online at www.absautoauctions.com, to avoid any fax/data entry delay.

Payment

Buyer Responsibility

• All vehicles must be paid for before leaving the sale location.
• All checks, cashier’s checks or money orders must follow the guidelines below:
• Made payable to ABS Auto Auctions.
• Include buy fee with purchase price of vehicle.
• One check or cashier’s check per vehicle transaction.
• Business checks must match the purchasing Buyer’s name.
• The phrase “Do not deposit-will replace with cashier’s check” (or similar) may not be written on checks.
• Any returned check must be replaced within 2 business days and will be charged a $100.00 fee. If three checks are returned within one year’s time, ABS Auto Auctions will review, and may exercise the option to change payment status to certified funds only.
• Any stop payment placed on a check for any reason, including vehicles in arbitration, will be charged a $100.00 fee, and ABS Auto Auctions may exercise the option to change payment status to certified funds only.

Auction Responsibility

• ABS Auto Auctions will hold check until title and registration documents are available.
• ABS Auto Auctions will give buyer notice that their check will be deposited the next day.

Title delivery

One of the following options needs to be chosen by buyer to obtain titles:

• Pick-up at San Bernardino corporate office/sale location.
• Pick-up at the ABS Auto Auctions sale location where vehicle was purchased.
• Pick up all at a specific branch location, regardless of where the vehicle was purchased.
• Overnight at buyer’s expense. Buyer must provide an overnight company and account number.
• Regular mail. Please note: ABS Auto Auctions isnot responsible for lost titles processed through U.S. Postal regular mail.

Inspection Guarantee

Inspection Guarantee Rules

An Inspection Guarantee Program is available on all cars. ABS will inspect each vehicle and generate a Damage Report, which bidders can access online. There is no charge for accessing the Damage Report if you do not bid on or buy the vehicle. If accessed and the vehicle is purchased, the buy fee will be increased by $100.

 NOTE: We recommend that you view the available inventory on Wednesdays after 1 pm. This will ensure that all inventory for the Wed./Thurs. sale has been inspected and entered, and will give you time to bid before the Tues./Wed. sale closes.

There are three levels of inspections done: A, B and C:

The Damage Report will indicate the level of inspection done on the vehicle (A, B or C).

All items inspected are guaranteed to be in good condition, unless otherwise noted.The Damage Report will only indicate items in need of repair. It is the Buyer’s responsibility to make sure the inspection level matches the car (A, B or C).

The Damage Report and Booksheet are guaranteed to be accurate (i.e. year, make, model, VIN, mileage, equipment). This guarantee applies to the Inspection Guarantee Program only.

Level C

BookSheet

All information on the BookSheet is guaranteed to be accurate.

• Year, Make, Model
• Vehicle Identification Number
• Engine Size
• Transmission Type - Auto or Manual
• Mileage
• Optional Equipment

Engine

We will disclose excessive damage, altered or aftermarket items:

• Oil in water, water in oil
• Exhaust system
• Oil leaks

Suspension and Brakes

We will disclose:

• Altered suspensions

Exterior

We will disclose excessive wear, tear, scratches (excluding those that can be buffed out), dents, dings, rust, chips, cracks, pitted, orange peel, mismatched painted panels and broken items:

• Exterior body panels
• Glass
• Convertible tops
• Alloy and premium wheels
• Exterior lights (damage only, not operation)
• Side mirrors (damage only, not operation)

Interior

We will disclose excessive wear, tear, stains, missing and inoperative:

• Convertible and top operation
• Seats
• Dash
• Bezels
• Headliner
• Kick Panels
• Door panels
• Air Bag
• Air conditioning & Heater
• Moon and Sunroofs
• Gauges
• Indicator lights

Level B – Includes all of Level C , PLUS :

Engine

We will disclose excessive damage, wear, noises, missing, broken, altered or aftermarket items:

• Intake System
• Smoke
• Battery
• Misfires
• Engine lights
• Belts and hoses

Transmission

We will disclose excessive damage, wear, noises, missing, bent, broken, altered or aftermarket items:

• Transmission lights
• Transmission slippage
• Reverse and Overdrive
• Four-wheel drive systems
• Universal joints
• Rear differential

Suspension and Brakes

We will disclose excessive noise or pulsation:

• Anti-lock brake lights
• Shocks/Struts
• Soft or low brake pedal
• C.V. joints
• Tires below 5/32 inch

Exterior

We will disclose excessive damage, wear, tear, stains, noises and broken:

• Convertible tops
• Panels out of alignment

Interior

We will disclose excessive wear, tear, missing, damage, stains or inoperative to the following:

• Radio/Stereo (damaged/missing only)
• Visors

Level A – Includes all of Levels B & C, PLUS:

Suspension and Brakes

We will disclose:

• Tire pressure monitoring light
• Mismatched tires

Exterior

We will disclose excessivedamage and inoperative:

• Exterior lights
• Side mirrors

Interior

We will disclose missing, damaged or inoperative:

• Radio/Stereo (excluding CD & DVD’s)
• Switches

Inspection Guarantee Arbitration

(Applies to All Levels – A, B and C)

•  Damage Reports and Booksheets are guaranteed to be accurate.
• All Inspection Guarantee vehicles carry a $250.00 deductible for arbitration.
• Arbitration for any and all items (except frame) must be reported before the vehicle leaves the lot. There will be no exceptions. You may take a test drive with our inspector to verify mechanical items.
• If an error was made by ABS on the Damage Report or Booksheet, the buyer has two options:
  • Cancel the sale.
  • Request an adjustment that is agreed-upon by ABS. If an agreement cannot be reached, the sale will be cancelled
• If sale is cancelled, there will be no expense reimbursement..
• It is strongly recommended that a copy of the Damage Report be used by the person/company picking up the vehicle, in order to verify damage. Frame will be arbitrated within ABS current regular policies.
• A fee of $100 will be assessed to the Buyer for invalid arbitration on a specific matter. Inspection is limited to the issue being arbitrated only. There is no charge if the issue is validated or the vehicle is unwound.
• Electronic data reports may be considered on a case-by-case basis at the discretion of the auction. The General Manager’s decision is final.
• Emission systems are not covered and will not be arbitrated.
• Front or rear independent differential cannot be arbitrated if operable.
• Vehicles equipped with 4-Wheel Drive will not be arbitrated for issues if 4x4 system is operable.
• Clutch components cannot be arbitrated if operable.
• Standard transmission cannot be arbitrated for manual clutches or components unless completely inoperable.
• Motor/transmission arbitration will be limited to “internally lubricated” parts only.
• The following will not be arbitrated unless the items require immediate replacement:
  • Lifters
  • Insignificant transmission and drive train shift shock, noise or backlash.

BookSheet Policies

 Registration

• The following documents are required to complete the registration process:
• Current Dealer’s License (must be for the address of the business).
• Current Seller’s Permit (showing sales tax number for address of the business).
• Completed and signed Resale Card.
• List of authorized buyers.
• Provide annually, current copies of dealer’s license and bond.

General Auction Guidelines

• No person under 18 years of age is allowed an online bidding password.
• Free copies of ABS Auto Auction’s policies and procedures are available online at www.absautoauctions.com, each sale location, or call the administrative office to have a current copy mailed to your business.
• Tampering, vandalism or destructive behavior will not be tolerated.
• Any issue brought to ABS Auto Auctions after the allowed time frame will not be arbitrated.  NO EXCEPTIONS!
• Book sheets and announcements are provided as a tool for bidding.  This information is to be relied upon as complete and accurate, and is subject to arbitration.
• All vehicles are sold as guaranteed.
• All vehicles sold carry a 48 hour inspection period from the time of delivery.
• Carfax and Autocheck will be accepted, but not necessarily binding for arbitration.  
• All confirmed arbitration will be allowed the following options:
  • Agreement of a mutual adjustment between both parties.
  • Cancel sale and return vehicle (with allowed expenses outlined in specific areas).

General Seller Responsibility

• Complete disclosure of vehicle to include the following:
  • Accurate Booksheet
  • Current Odometer Reading
  • Smog and Safety Checked
  • Certified (meets manufacturers’ certification requirements)
  • Any and All Paintwork (Bumper excluded)
  • Rental Car
  • Out of State Title
• All bids and counter bids must be accepted or denied by 10:30 am following the day of sale; otherwise they will be posted as a no sale.
• If sale is cancelled due to arbitration guidelines and vehicle is returned, seller will be charged the round trip transportation charge associated with the sale.
• If any final sale is cancelled at seller’s request because of a retail sale, the seller must notify ABS immediately by phone, and provide ABS with a copy of the report of sale, for documentation to the winning bidder.
• If a vehicle is entered into arbitration, seller will provide ABS with a copy of the repair order and be given the following options:
  • Have vehicle inspected.  If complaint is verified, inspection fee will be charged to seller.
  • Offer an adjustment.
  • Cancel the sale (See specific area for expense reimbursement).

 General Buyer Responsibility

• All sales are final when vehicle has been properly represented by seller.
• Buyer will honor all bids posted by 10:30 am following the day of sale. Failure to honor bid(s) may result in termination of conducting future business with ABS Auto Auctions.
• If ABS cannot contact the Buyer that presented the offer and Seller accepts the offer, the vehicle will be sold.
• “If” bids/offers shall be valid for 24 hours.
• Read all announcements on the detail page of the vehicle prior to bidding.
• Verify the year, make, model, mileage, equipment and represented condition of vehicle within the 48 hour inspection period from the time of delivery.
• Assume a deductible of $400 on all cars purchased for any unannounced items necessary to make the vehicle retail ready or certifiable (being able to meet manufacturer’s certification requirements).
• The $400.00 deductible does not apply to normal smog and safety related expenses on fresh trades.
• A $75.00 arbitration fee plus any inspection fees will be charged for all invalid arbitration.
• Any fraudulent expenses reported will result in buyer not being paid, and may result in termination of conducting future business with ABS Auto Auctions.
• If sale is cancelled, vehicle must be returned to selling dealer within 3 business days following contact and approval by ABS.
• If sale is cancelled, vehicles must be in like or better condition, miles not to exceed 25 miles (transportation mileage excluded).

Vehicle Standards

In order for vehicles to qualify for the BookSheet sale, the following requirements must be met:

 Frontline Vehicle - A used vehicle that has been smog and safety checked by a new car dealer, is in good to excellent condition and is ready for retail sale.

• Engine
  • Vehicle must pass California smog requirements.
  • Belts and hoses must be free of visible cracks (Fresh Trades Excluded).
  • Aftermarket equipment (such as superchargers, turbo, air induction systems, free flow exhaust and any item that may impede sale or smog of the vehicle) must be noted at time of sale.
  • Performance must meet factory standards.
• Transmission and Centrifugal Velocity Joints (CV)
  • Automatics
    • Automatics must shift properly through all gears (forward, passing and reverse) and be free of excessive universal joint noise.
    • Overdrive and power modes must shift properly.
  • Manual Transmissions
    • Clutch, pressure plate and throw out bearing may not have slippage or chatter.
    • Must have ease of shifting throughout the shift pattern, including all forward and reverse gears.
  • Four- Wheel Drive
    • Transfer cases must be in full functioning order according to factory specifications.
    • Any modifications must be announced on the booksheet and/or details page of the website.
    • Vehicle must shift from two wheel drive to four wheel drive upon demand.
  • CV Joints
    • Must be in full and functioning order.
    • Boots may not have cracks or tears (fresh trades excluded).
• Rear-end noise level may not be excessive according to manufacturer’s decibel standards.
• Braking Systems
  • ABS braking systems must be in full operating order. This includes pumps, lines and hoses.
  • Brake shoes must be at 50% minimum (Fresh Trades Excluded).
  • Brake pads must be at 50% minimum (Fresh Trades Excluded).
  • Rotors must be at 50% minimum and able to be turned in the event of brake vibration (Fresh Trades Excluded).
  • Parking brake must set and hold vehicle.
  • There may not be any excessive pedal or chassis vibration during braking (Fresh Trades Excluded)
• Steering/Rack and Pinion
  • Steering pump must be free of leaks and pressure fissures.
  • Rack must be in factory working order and free of sticking and hesitation.
• Interior Electrical
  • Air conditioning unit must be in full working order (Including pump, condenser, high pressure hoses and switches).
  • Cruise control operations must work properly.
  • All wipers, front and rear, must work properly.
  • Audio system must work on all bands, including compact disc (if equipped).
  • Electric windows must operate at all switching points, including master controls.
  • Sunroof/Moon roof must open and close.
  • Seats must work in all positions.
  • Seat belts must be in good condition and work properly. They must also have full range of extension and retraction as specified by the manufacturer’s standards.
  • Gauges must be in proper working condition.
  • Seats and carpets must be free of rips, tears or burns.
• Exterior Electrical
  • Headlamps must function at high and low beams.
  • Taillights, brake lights and turn signals must operate properly.
  • Emergency four-way flashers must be functional.
• Tires and Wheels
  • Tires must have a minimum of 5/32 even tread life.
  • Passenger cars and light duty mini trucks must have two matching tires per axle.
  • Sport Utilities, Vans and Full-Size Trucks require four matching tires.
  • Spare tire, tools and jacks must be present in vehicle.
• Frame
  • Must be free of non factory welds, cracks, excessive bends or tears.
  • Core support must be free of damage.
  • Frame rails must be free of welds, tears or rips (jack damage or clamp marks do not constitute frame damage).
  • NAAA standards will be used as a reference.
• Body Exterior
  • Body must be free of dents requiring body filler.
  • Repaint of any panel must be announced (bumpers are excluded).
  • Paintwork must meet OEM standards.
  • Vehicle must be brush-touched if scratches are present.
• Glass windshields must be free of cracks, non repairable chips and any damage that may obstruct vision.
• Keys, Keyless Entry & Security Systems
  • Must have at least 1 master key.
• If equipped with factory installed keyless entry/security system, must have at least 1 remote.

Fresh Trade

• A used vehicle that has been traded into a new car dealer that has not been smog and safety checked, but is in good to excellent condition. Vehicle can be no more than 3 model years old including the current calendar year model, with a current odometer less than 50,000 miles (Calendar year 2008-Model years 2006-2008).
• Any expenses related to normal smog and safety check requirements will not be considered in the buyer’s $400 deductible. The $400 deductible applies only to visual unannounced repairs.
  • Normal smog and safety check requirements are to include, but not limited to:
    • Brakes
    • Oil Change
    • Air Filter
    • Tune-Up
    • Trans Service
    • Coolant
    • Small light bulbs
    • Batteries
    • Belts and Hoses
  The following items are unacceptable and will not be allowed. If any of these items are found to be true, and a vehicle does sell, the arbitration period does not apply, and the selling dealer is responsible for any and all charges incurred to the buying dealer, plus round-trip transportation charges. The selling dealer will also pay ABS any additional expenses incurred in verifying the buyer’s claim .

 Odometer

• EXCEEDS MECHANICAL LIMITS (EML): Vehicles with mileage in excess of the mechanical limits of the odometer should not be assumed to have any specific mileage.
• NOT ACTUAL MILEAGE ( NAM):  Vehicles with actual mileage that is different from what is shown on the odometer, or true miles are unknown.
• BROKEN or INOPERABLE ODOMETER (INOP):  Broken, inoperable or replaced odometers must be announced, regardless of other announcements.  NAM will be marked on the odometer disclosure statement.

VIN Plates

• Any missing, altered, replaced or reassigned vehicle identification numbers on dash.

Frame Flood, Fire, Engine Changes, Fuel Conversions & Inop Air Bag  

• Frame/unibody damage will be defined by ABS Auto Auctions with reference to the NAAA standards.  Scrapes, scratches, jack/lift marks, clamp marks, minor corner tie-down marks not resulting from an accident, core support damage, damage in front shock towers on unitized bodies not affecting integrity and if vehicle measures to NAAA standards are non-arbitratable.  Bumper and trailer hitches welded to frame are not considered frame damage.  Vehicles with altered suspension are not subject to frame arbitration if damage is from alteration. 

Title

The following documents are not acceptable

• Duplicate title applications.
• Junk or Salvage Bill of Sale.
• Lien documents and government sale documents.
• Gray Market vehicles, including Canadian vehicles, or vehicles that do not meet USA standards.
• Out of state titles that are not announced.
• Paperless title certificates or transfers.
• Theft recovery or branded titles (example: salvage, police, taxi, rental, kit car, lemon law and factory buy backs). 

THE FOLLOWING ITEMS ARE GUARANTEED BY THE SELLER - THE $400 DEDUCTIBLE DOES NOT APPLY.

Accurate BookSheet

Seller Responsibility

• BookSheets are to be current and complete. BookSheets containing inaccurate information become eligible for immediate arbitration.

NOTE: Book differences of less than $500 will automatically be adjusted and redrafted if the buyer chooses.

 Buyer Responsibility

• Notify ABS within the 48 hour inspection period, and indicate if unwind or adjustment is desired.

Current Odometer Reading

Seller Responsibility

• Verify the current miles on the vehicle you are selling.
• If announced mileage is inaccurate enough to affect the book value, it becomes eligible for arbitration (transportation mileage excluded).
• If announced mileage is inaccurate and makes the vehicle non-certifiable (when announced certifiable), then it becomes eligible for arbitration (transportation mileage excluded).

Buyer Responsibility

• Transportation mileage may affect the book value when bidding. If the transportation miles are what change the book value, it is not eligible for arbitration.
• If the transportation miles affect the certification requirements, it does not become eligible for arbitration
• Notify ABS within the 48 hour inspection period, or upon receipt of proof with documentation.

Paintwork and Body Conditions

Seller Responsibility

• Announce all paintwork and dents on the detail page or the booksheet (bumpers are excluded).

 Buyer Responsibility

• Notify ABS within the 48 hour inspection period.

Certified

Seller Responsibility

• If announced as being certified (meets manufacturer certified requirements) and it is not, then it becomes eligible for arbitration (transportation mileage excluded).

Buyer Responsibility

• Buyer must notify ABS within the 48 hour inspection period.

Payment

Seller Responsibility

• Overnight title and registration documents to ABS Auto Auctions after the 48 hour arbitration period is complete

Buyer Responsibility

• Payment is required by 10:30 am one day after a copy of the title has been presented, and the 48 hour arbitration period is complete.
• All checks must follow the guidelines below:
  • Made payable to ABS Auto Auctions.
  • Include buy fee with purchase price of vehicle.
  • One check per vehicle transaction.
  • Any returned check must be replaced within 2 business days and will be charged a $100.00 fee. 

Auction Responsibility

• ABS will overnight payment no later than 48 hours after title is received and the 48 hour arbitration period has expired.