Topp Gunn Rules
All Licensed Dealers are welcomed to participate in the buying, selling and consignment of automobiles. The following procedures will assist all parties in understanding the manner of conducting business in a fair and equitable way.
· Any person entering the property must immediately register with the Topp Gunn business office.
· Topp Gunn will require all Dealers to complete registration information and additional information if requested.
· A Copy of the Current State Dealers License must be submitted with all current information regarding registration information.
· The Topp Gunn business office must be notified in writing regarding any changes that involve the registration information.
· All dealers must be registered with Topp Gunn Auction.
· Topp Gunn Auction reserves right to access credit reporting agencies to obtain and verify credit history.
· All persons on the Topp Gunn Auction property agree to abide by all Federal, State, County, and Municipal ordinances and laws.
· All persons on the Topp Gunn Auction property agree to abide by all policies, procedures, and decisions of the Topp Gunn Auction.
· All Vehicles on the premises of Topp Gunn Auction will be allowed to be reviewed by any governmental law enforcement agency.
· Topp Gunn Auction reserves the right to refuse anyone the use of its services.
· Topp Gunn Auction makes no representations or guarantees regarding any vehicle.
· All transactions are subject to final approval through Topp Gunn Auction Management.
· Any disputed transaction is to be immediately reported to the Topp Gunn Auction
· Topp Gunn Auction reserves the right to search any package or vehicle entering or exiting the property.
· Topp Gunn Auction makes no guarantees regarding the mileage of vehicles.
· Any Dealer or agent causing damage to a vehicle or the premises will be liable for the cost to repair all damages.
· Topp Gunn Auction assumes no liability for physical damage to vehicle, theft of contents or the vehicle, or any general liability while vehicles are being bought, sold or on consignment.
· All persons who are Buyers, Sellers or Consigners, their agents and guest, agree to indemnify and hold harmless Topp Gunn Auction and any of its agents for any liability or claim.
· Topp Gunn Auction will not be responsible for any statements or representations made by a seller, third party or consignor.
· Only announcements made publicly by the auctioneer, on behalf of the Seller, will be deemed valid.
· Payment is due on sale day unless otherwise agreed upon by Topp Gunn Auction Management. All units unpaid 24hrs after sale day will be assessed a late fee of $50.00 per day.
· To ascertain and represent that the vehicle is in a condition safe for driving on public streets. If the vehicle is not safe to be driven on public streets, the Seller must disclose the relevant facts before the vehicle can be sold.
· To provide Topp Gunn Auction a marketable title which is free and clear of any liens or encumbrances within 30 business days of the date the vehicle is sold. And to assist Topp Gunn Auction in obtaining a duplicate title should for some reason the title be lost.
· Agrees to pay Topp Gunn Auction their fees for all vehicles that are returned because the title is not clear and marketable.
· Agrees to pay Topp Gunn Auction their fees for all vehicles returned and arbitration fees against the Seller.
· The seller agrees to pay all reasonable transportation charges.
· The correct description, mileage and condition, including any relevant information regarding the vehicle.
· Deployed or missing air bags.
· Frame damage and/or repaired frames.
· Police cars, taxi cabs, rebuilt units and theft recovery vehicles.
· Any vehicle listed as “Major Damage Loss.”
· Re-assigned identification numbers.
· Vehicle missing or altered factory emission equipment.
· The true correct odometer reading.
· If the vehicle is not safe to be driven on public streets, the Seller must disclose the relevant facts before the vehicle can be sold.
· Inspect vehicles before the sale begins.
· It is the buyers’ responsibility to ensure that the miles and year of the vehicle printed are correct.
· To make their bids known to the ring man or auctioneer.
· To be aware of any announcements regarding vehicles made by the Topp Gunn auctioneer.
· Immediately acknowledge your acceptance of being the winning bidder and sign the block ticket for the vehicle.
· Inspect all vehicles purchased within one hour after the sale of that vehicle is completed or before you leave the premises.
· Pay the sale price and all fees by draft, cash, floor plan or check on the day of the sale before leaving the Topp Gunn Auction premises.
· Remove all purchase vehicles from the Topp Gunn Auction premises within seven (7) calendar days form the date of the sale. Vehicles left on the premises after the seven days will be assessed a storage fee.
· Any vehicles purchased and left on the premises over 90 calendar days will be disposed of by
Topp Gunn Auction. The auction will hold storage fees out of the proceeds.
· If a clear and marketable title is not provided to the auction within 30 business days after the vehicle is sold, the buyer may return the vehicle to the auction with a 24 hour notice.
· No reimbursements will be made. Under no circumstances will a buyer perform any improvements to a vehicle until the title has been provided to them.
· The buyer is responsible for any improvements made to a vehicle before the title is provided.
· If a clear title cannot be provided to the buyer and the vehicle is returned by the buyer, it must be returned in the same condition as when it left the auction and not exceed three hundred miles from the date of purchase.
· It is the sellers responsibility to declare if the vehicle has salvage, insurance dated, or not actual miles, or any other branded title issues. A clear and marketable title must be provided by the seller. If the title comes in salvage, insurance dated, etc… the buyer has the right to return the vehicle. Transportation costs will be reimbursed (not to exceed $300) to the buyer and Topp Gunn Auction will assess a fee to be paid by the seller.
· It is the buyer’s responsibility to contact Topp Gunn Auction to determine if the seller has accepted their “IF” bid. Upon Notification by the seller, the auction will attempt to notify buyers, but the responsibility remains with the buyer.
· Sellers have 24 hours after the final vehicle is sold to accept or reject any “IF” bid. Failure to respond renders the buyer not responsible for the vehicle.
· When the seller accepts the bid, the vehicle is considered sold and the buyer must immediately pay for the vehicle.
Vehicles Leaving the Premises
No vehicle will leave the premises without a current Topp Gunn gate pass or receipt of payment.