Thank you for using «PLC.Auction». When you use «PLC.Auction» website, products, and services, you are agreeing to our terms and conditions, so please take a few minutes to read over the Member Terms and Conditions below.
Please be advised that these Terms affect your legal rights and contain provisions that govern how claims you and «PLC.Auction» have against each other are resolved (see Section 10 (Dispute Resolution)). You should read this entire agreement carefully before accepting it. If you object to anything in these Terms, or otherwise do not understand or agree to be bound by these Terms, do not use «PLC.Auction» Website. If you use «PLC.Auction» Website in any way, you agree to and are bound by these Terms. You may print a copy of these Terms by using the print button or feature in the browser. «PLC.Auction» suggests retaining a copy for future reference.
«PLC.Auction» may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.
The material that appears on «PLC.Auction» is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing items or services you've read about on «PLC.Auction», you should confirm any information (including the price) that is important to your purchasing decision. «PLC.Auction» is not responsible for, and does not guarantee the performance of, any such items or services.
1. Intellectual Property Rights
The design, trademarks, service marks, and logos of the Website (“Marks”) are owned by or licensed to «PLC.Auction» and subject to copyright and other intellectual property rights under Lithuania, foreign laws, and international conventions. «PLC.Auction» reserves all rights not expressly granted in and to the Website. You agree to not engage in the use, copying, or distribution of any of the Website other than expressly permitted.
2. Ownership of Content, Copyrights and Trademarks
All content on this Service, including, but not limited to, all photos, images, videos, text, data and data compilations, graphics, works of authorship, software, design, logos and button icons (collectively, “Service Content”); any improvements or modifications to such Service Content; any derivative works based on any of the foregoing; and the collection, arrangement and assembly of all such Service Content, are the property of UAB “PLC Group”, its affiliates, business partners and/or licensors and are protected by international copyright and other intellectual property laws.
The mark «PLC.Auction» the «PLC.Auction» logo and other marks that may be displayed on the Service are the proprietary service marks or trademarks of UAB "PLC Group" or other third parties. «PLC.Auction» marks may not be used in connection with any product or service that is not «PLC.Auction», in any manner that is likely to cause confusion among consumers, or to disparage or discredit «PLC.Auction». All trademarks and service marks not owned by «PLC.Auction» that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by UAB "PLC Group".
3. Information Accuracy Disclaimer
PLEASE READ CAREFULLY AS THE FOLLOWING PROVISIONS AFFECT
The material that appears on «PLC.Auction» is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing items or services you've read about on «PLC.Auction», you should confirm any information (including the price) that is important to your purchasing decision.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITES, SERVICES AND/OR MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SERVICE, IS AT YOUR OWN RISK, AND THAT ALL SUCH ACCESS AND ITEMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, «PLC.Auction» DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITES, SERVICES OR MATERIALS ON OR ACCESSED VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, «PLC.Auction» DOES NOT REPRESENT OR WARRANT THAT ANY OF THE INFORMATION ACCESSIBLE VIA THE SERVICE IS ACCURATE, COMPLETE OR CURRENT (AND «PLC.Auction» IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SERVICE OR SERVICE CONTENT), THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE OR SERVICE CONTENT WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY VEHICLE OR CONTENT OBTAINED BY YOU THROUGH THIS SERVICE WILL MEET YOUR EXPECTATIONS, OR ANY ERRORS IN THIS SERVICE OR SERVICE CONTENT WILL BE CORRECTED. FURTHER, «PLC.Auction» DOES NOT MAKE ANY WARRANTIES REGARDING THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE OF THIS SERVICE, THE INTERNET, COMPUTER HARDWARE OR SOFTWARE, OR ANY INTERNET ACCESS PROVIDER, TO SEND OR RECEIVE ANY ELECTRONIC TRANSMISSION. MOREOVER, WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THE SECURITY OF OUR SYSTEMS, «PLC.Auction» MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL «PLC.Auction» OR ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE “PLC.AUCTION PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITE, SERVICES OR MATERIALS AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
4. Vehicle Condition and History Disclaimer
PLEASE READ CAREFULLY AS THE FOLLOWING PROVISIONS AFFECT
BY REGISTERING WITH «PLC.Auction» AS A BUYER AND PRIOR TO PLACING A BID AT AUCTION OR BUY IT NOW BID, BUYER WARRANTS THAT BUYER HAS READ AND UNDERSTANDS THE FOLLOWING CONDITIONS OF SALE AND AGREES TO BE BOUND BY THEM:
4.1. ALL VEHICLES SOLD THROUGH "PLC.AUCTION" 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.
4.2. "PLC.AUCTION" MAKES NO WARRANTY OR REPRESENTATION AS TO THE CONDITION OF ANY VEHICLE OR ANY OF ITS COMPONENT PARTS WHEN "PLC.AUCTION" PROVIDES INFORMATION ABOUT A VEHICLE FOR SALE.
4.3. "PLC.AUCTION" 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.
4.4. 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 "PLC.AUCTION". THIS INFORMATION INCLUDES, BUT IS NOT LIMITED TO, THE YEAR, MAKE, MODEL, TRIM LEVEL, STYLE, PERFORMANCE PACKAGE, 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, TIRE TREAD DEPTH, OR VIN PLATES, AND WHETHER OR NOT A CAR STARTS OR RUNS. BUYER UNDERSTANDS THAT "PLC.AUCTION" IS NOT RESPONSIBLE FOR MILEAGE OR ODOMETER DISCREPANCIES.
4.5. ANY STATEMENT THAT ANY VEHICLE HAS A PARTICULAR PART, INCLUDING BUT NOT LIMITED TO KEY “PRESENT” OR THAT VEHICLE HAS A CATALYTIC CONVERTER, MEANS THAT A PARTICULAR PART WAS NOTED UPON ARRIVAL AT AUCTION, BUT IS NOT A REPRESENTATION OR WARRANTY THAT SUCH PART WILL BE PRESENT AT ANY TIME THEREAFTER. "PLC.AUCTION" IS NOT RESPONSIBLE FOR MISSING PARTS.
4.6. 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 AUCTION 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.
4.7. ANY STATEMENT THAT A VEHICLE RUNS OR DRIVES (SUCH AS THROUGH AN AUCTION NOTATION “RUN & DRIVE”) MEANS THAT THE ENGINE STARTED (EITHER WITH OR WITHOUT A JUMP), BOTH THE FORWARD AND REVERSE GEARS ENGAGED AND FROM THE STARTING POSITION, THE STEERING WHEEL MADE ONE FULL ROTATION TO THE RIGHT AND ONE FULL ROTATION TO THE LEFT, ALL AT THE TIME OF ARRIVAL AT AUCTION FACILITY. IT IS NOT A REPRESENTATION OR WARRANTY THAT IT WILL DO SO ANY TIME THEREAFTER OR THAT THE VEHICLE IS ROADWORTHY.
4.8. ANY STATEMENT THAT AIR BAGS ARE INTACT (SUCH AS THROUGH AN AUCTION NOTATION “INTACT” AIRBAGS) MEANS THAT THE AIRBAGS APPEARED, IN AUCTION JUDGMENT, NOT TO BE DEPLOYED UPON ARRIVAL AT AUCTION FACILITY. IT IS NOT A WARRANTY OR REPRESENTATION THAT THE AIRBAGS ARE IN FACT PRESENT OR OPERATIONAL. AUCTION 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 AUCTIONS MAY CONTAIN DEPLOYED AIRBAGS THAT HAVE NOT BEEN REPLACED.
4.9. 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.
4.10. VEHICLES MAY CONTAIN HIDDEN DAMAGE TO THE UNDERCARRIAGE OR SUSPENSION, ELECTRICAL MALFUNCTIONS, FRAME DAMAGE, MISSING COMPONENTS, WATER DAMAGE, OR OTHER HIDDEN OR UNDISCLOSED DAMAGE. IN PLACING BIDS OR BUYING VEHICLES, BUYER ACKNOWLEDGES AND ACCEPTS THESE RISKS.
4.11. THE IMAGES OF THE VEHICLE THAT "PLC.AUCTION" PROVIDES ARE NOT INTENDED TO EXHAUSTIVELY DISPLAY THE CURRENT CONDITION OF THE VEHICLE. «PLC.Auction» MAKES NO WARRANTY OR REPRESENTATION ABOUT THE CONDITION OF THE VEHICLE BY PROVIDING THESE IMAGES. "PLC.AUCTION" MAY PROVIDE ENGINE RUN VIDEOS FOR THE CONVENIENCE OF BUYERS, BUT IS NOT REQUIRED TO PROVIDE AN ENGINE RUN VIDEO FOR “RUN & DRIVE” VEHICLES. BY PROVIDING AN ENGINE RUN VIDEO, "PLC.AUCTIONS" MAKES NO REPRESENATION OR WARRANTY ABOUT THE CURRENT CONDITION OF THE ENGINE.
4.12. "PLC.AUCTION" DOES NOT WARRANT OR REPRESENT THAT VEHICLES CURRENTLY MEET OR CAN BE MODIFIED TO MEET LOCAL EMISSION AND/OR SAFETY REQUIREMENTS.
4.13. "PLC.AUCTION" DOES NOT WARRANT OR REPRESENT THAT VEHICLES SOLD CAN BE LEGALLY REGISTERED IN ANY COUNTRY OR EXPORTED TO ANOTHER COUNTRY. BUYER ACCEPTS ANY AND ALL RISKS ASSOCIATED WITH VARIATIONS IN COUNTRY SALE DOCUMENT AND REGISTRATION LAWS AND THE POSSIBILITY THAT THOSE MAY NEGATIVELY IMPACT THE MARKETABILITY OF VEHICLES PURCHASED AT "PLC.AUCTION". BUYER FURTHER ACKNOWLEDGES AND AGREES THAT A COUNTRY MAY CHANGE A VEHICLE’S TITLE OR BRAND CLASSIFICATION AFTER IT IS PURCHASED BY BUYER AND THAT "PLC.AUCTION" ASSUMES NO RESPONSIBILITY FOR THAT CHANGE IN CLASSIFICATION OR ANY CONSEQUENCES FLOWING THEREFROM. FOR 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.
You may register as a Member with Company if you are at least 18 years of age and if you can form legally binding contracts under applicable law. «PLC.Auction» reserves the right to deny registration privileges to any individual or entity, in its sole and absolute discretion. To obtain access to certain services and features, you will be given an opportunity to register with the Service (your “Account”). As part of the registration process, you will be provided with a Login ID, password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to access the Service under the name of, another person or entity. If «PLC.Auction» has reasonable grounds to suspect that information you provide as part of your registration is untrue, inaccurate, not current or incomplete, «PLC.Auction» has the right to suspend or terminate your Account and refuse any and all current or future use of the Service or other products and features (or any portion thereof). You are responsible for maintaining the confidentiality of your Login ID, password, and for all activities that occur under your Account, and you agree to hold «PLC.Auction» harmless for any costs incurred in connection therewith. If you discover or suspect any unauthorized use of your Login ID, password or Buyer Number or any other breach of security of your Account, you agree to immediately notify «PLC.Auction» Online Customer Support Helpdesk at firstname.lastname@example.org. «PLC.Auction» is not responsible for any loss or damage arising from your failure to protect or to keep confidential your Login ID, password.
Guests must register and provide first and last name, email address and phone number. Registered Guests have the option to submit a physical address and copies of current government issued photo identification as well as licenses and completed sales tax exemption certificates. Registered Guests may search vechicles, add vehicles to a Watchlist and create Vehicle Alerts, but Registered Guests may not bid on or purchase vehicles if security deposit not paid. Members must pay security deposit. «PLC.Auction» reserves the right to increase or decrease registration fees at any time without prior notice to Members. Members are responsible for all account activity, including, without limitation, all Preliminary Bids and "Buy it NOW" bid submitted under the Member’s username and password through PLC.AUCTIONS websites. A Member’s account may not be transferred or assigned to any other person or entity. The Member shall promptly notify PLC.AUCTIONS in writing in the event the Member’s account or username and password are used without authorization. The Member shall be responsible for all account activity and charges incurred prior to PLC.AUCTIONS receipt of written notice from the Member of the unauthorized activity.
Members shall comply with all applicable laws, statutes, ordinances, and regulations regarding their use of PLC.AUCTIONS services, including but not limited to laws and regulations regarding the transportation, storage, transfer, resale, dismantling, or retitling of a purchased vehicle. All fines, penalties, fees, and other amounts assessed by a governmental authority as a result of a Member’s failure to so comply (collectively, “Vehicle Fines”), including but not limited to parking citations, toll road violations, tax liens, and impound fees, are the Member’s sole responsibility and each Member hereby agrees to indemnify and hold harmless PLC.AUCTIONS from and against all such Vehicle Fines. PLC.AUCTIONS may assess a processing fee of against the Member’s account for the receipt and processing of citations, notices, and other legal documents pertaining to Vehicle Fines. PLC.AUCTIONS further reserves the right to pay upon receipt all Vehicle Fines on the Member’s behalf and to charge the Member a fee of up to 150% of the Vehicle Fine amount plus the processing fee, either by deducting such amount from funds held in the Member’s PLC.AUCTIONS account or by charge to the Member’s credit card or debit to the Member’s checking account on file with PLC.AUCTIONS. In addition, failure to comply with applicable laws and regulations, including by the timely payment or other resolution of all outstanding Vehicle Fines relating to a Member’s purchased vehicles, may result in the Member’s buying privileges being sus.
7. Security Deposit
Before bidding, you must place a refundable Security Deposit of $600.00 USD or $1000 USD (for a specific vehicle) or 10.0% of intended maximum bid, whichever is greater ("Security Deposit"). By placing a Security Deposit with Company, you agree to the terms set forth herein for when the Security Deposit can or cannot be refunded, and by what method that Deposit can be refunded.
By becoming a Member of our service and providing credit card information to us, you authorize us to apply your Security Deposit, in full, to any fees, costs, purchases, and or any other outstanding balance on your account.
Before the Security Deposit can be refunded, your account must meet the following conditions: no active bids, no active purchases, no outstanding offers, no balances due, no vehicles awaiting pickup, no outstanding paperwork to be submitted, and no other potential financial liabilities. When all these conditions are met, and upon written request, Company may refund the Security Deposit at its discretion, and reserves the right to withhold the Security Deposit for any reason it sees fit.
The return of the security deposit is made only in case of complete closure of the account, the cost of closing the account, as well as the fee for processing the payment is 200 USD.
8. Sale Policies
Wire payments must indicate member name, and the name and address of the person or business sending the wire, if the wire is sent by anyone other than the member. In the event payments are made by third parties on behalf of a member’s account, and an overage occurs or amounts are due back for any reason, the appropriate funds will be returned to the third party payor and not the member.
We do not deduct your Security Deposit from any payments due, unless your Security Deposit was made by wire transfer. If Company holds a Security Deposit because of a balance owed, you must submit payment via wire transfer (or other secure method determined by Company) before Security Deposit can be refunded. In the event that you refuse to pay via specified payment method or in a timely manner, any amount of the Security Deposit up to and including the full amount (even if it is greater than the balance owed) will be applied against the balance due. By applying the Security Deposit to a balance on your account we have not waived the right to pursue all legal and equitable remedies to collect the full amount due.
USA residents purchasing a vehicle located in USA must pay sales tax in addition to the purchase price, documentation fees, and any other fees or costs applicable to the purchase.
By using our Website, products, and Services, you agree that we are authorized to charge any credit card on file for fees, payments, and or any other amount due under this Agreement.
All sales are final.
If you are interested in bidding on a vehicle, you will need to set a maximum bid amount. «PLC.Auction» will bid on your behalf, against other bidders and the seller’s minimum sales price, if a minimum price is set, up to your maximum bid. If you win the auction and your maximum bid amount is equal to or above the seller’s minimum, you will be awarded the vehicle. If you win the auction and your maximum bid is lower than the seller’s minimum price, your winning bid will be submitted to the seller for approval. The seller approval process can take two (2) business days.
8.3 Bid Rejection and Placement.
Company reserves the right to reject or void bids for any reason, in Company's sole and absolute discretion. While Company does its best to place all bid requests provided by you, there is no guarantee that all bids will be placed. You agree to indemnify, defend, and hold Company harmless for any and all liability arising out of bids that are rejected, voided, or not placed.
8.4 Sale Cancellation.
Company may postpone a sale, cancel a sale, or withdraw a vehicle from a sale with or without notice. Company will neither have liability nor obligation to you as a result of any vehicle withdrawal, sale cancellation, or postponement.
8.5. Vehicle and Ownership Document Release.
Company reserves the right not to release any vehicle or vehicle ownership document for any reason. All ownership documents will be mailed from auction facility to Company, and then Company will cause the ownership document to be reassigned to you. You must submit a signed bill of sale and a valid copy of a government issued ID before ownership documents will be reassigned to you.
8.6. Bids and Buy It Now.
Once a bid or a Buy It Now has been submitted, it cannot be retracted, deleted, or canceled.
8.7. Relist Fees.
In the event a vehicle is not paid for within the time specified by Company, you agree that Company may, in its sole and absolute discretion, cancel the sale, relist the vehicle for sale. If this occurs, you agree to pay Company the Relist Fee. The Relist Fee is the sum of two fees, the Auction Fee and the Company’s Transaction Fee. The Auction Fee is the greater of $1,000.00 USD or 15.0% of the sale price. The Company’s Transaction Fee is the greater of $299 or 10% of the sale price. Relist fee must be paid by wire transfer only. In the event that you fail to pay the Relist Fee by wire transfer within the time specified, this Relist Fee will be taken from your Security Deposit paid in advance to Company. Even if your Security Deposit is utilized for the Relist Fee, if you do not pay the Relist Fee by wire transfer within the time specified, you are still responsible for the balance of the Relist Fee, plus any collection costs, including court costs and reasonable attorney's fees. You agree that failure to pay all outstanding balances due on your account may result in your account being referred to a third party for collections purposes, with the addition of a One Hundred Dollar ($100) collections fee to the original amount owed plus any other collection costs, including court costs and reasonable attorney’s fees. You agree to verify Relist Fees and relist dates prior to bidding on vehicles. If you cause excessive vehicles to be relisted, you are subject to suspension or revocation of your bidding privileges.
8.8 Vehicle Abandonment.
If the vehicle is not paid for and/or picked up from the auction facility within seven (7) days of the sale date, Company reserves the right to consider the vehicle abandoned, to take over ownership, resell it, and to bill you for an amount up to and including the full purchase price of the vehicle plus any amount of storage fees or resale fees as Company sees fit.
8.9 Loss Risk.
When you bid on or process a purchase through Company's Website or Services, you take full responsibility for any losses that may result from the purchase. You acknowledge that the auction facility is acting as the bailee of your vehicle until the vehicle leaves the auction facility premises. You agree that Company and the auction facility are not responsible for any damages or losses that take place while the vehicle is at the auction facility premises. Company and auction facility shall not be responsible for any losses that take place after the vehicle has left the auction facility premises. Once a vehicle is removed from the auction facility's premises it is accepted AS-IS, and under no circumstances will Company or auction facility be liable for any claims of damage or loss of any kind or nature whatsoever.
8.10 Registration Laws Disclaimer.
We do not guarantee that any vehicle purchased can be legally registered in any state or country. We do not guarantee that the vehicle will include proper registration paperwork, even if the vehicle is listed as including paperwork. Because of differences in state laws and regulations, even if the vehicle can be registered, your state or country may register the vehicle with a different type of title. For example, a title listed as “clean” or “clear” in one state may be registered in another state as “damaged”, “salvage”, or other type of title. Member accepts all risks associated with changes in the vehicle title and registration rules between states and countries, even those that may negatively impact the value or usability of the vehicle. Information provided regarding the vehicle’s registration, title, and paperwork status is based only on the information provided by the auction facility and is not guaranteed to be accurate or complete. By using our services, you acknowledge your understanding of this and accept full responsibility for researching vehicles before bidding. California residents cannot register a vehicle in California if it has a non-repairable title. Due to the nature of this type of transaction, it may take four to seven weeks, or more, to get registration papers, if any, to you. The documentation fee and timeline vary depending on the state and type of title. Member accepts the possibility of delay, without recourse.
8.11 Use of Affiliated Dealers and Brokers
You expressly authorize Company to engage one or more affiliated dealer and or dismantler as needed to facilitate your purchase of any vehicle through Company's Website or Services, and you expressly agree to release and hold harmless any affiliated dealer or broker from any claims, disputes, or causes of action of any kind.
Members are required to timely register vehicle purchase from Company. Members shall comply with all applicable laws related to the use of Company’s services. Member shall indemnify, defend and hold Company, its Directors, officers, employees, representatives, contractors, agents, vendors subsidiaries, affiliates, and the vehicle providers (collectively “Company Indemnified parties”) harmless from an against any claim, damages, obligations, expense (including attorney fees) liabilities, fines, judgements, or losses, arising out of or related to the Member’s failure or alleged failure to comply with any applicable law and or regulation, and or the terms of this Agreement.
In the event that Member fails to comply or is alleged to fail to comply with any applicable law and or regulation, and or with the terms of this Agreement, including but not limited to Member’s failure to make prompt payments of all amount due, Member’s failure to take timely possession of any purchase, Member’s failure to respond promptly to all communication from Company, Member is liable to Company for all related expenses, debts, time incurred, costs, fees, etc. due to Member’s failure or alleged failure, including but not limited to attorney fees.
9. Delivery Rules and Policies
A large number of the auctions we buy from are dealer-only, so we require all vehicles sold through our Website to be transported and conveyed by transport accomplices inside our network. FULL PAYMENT should be received inside three days from the purchase to plan delivery of your vehicle. Any deferral in receiving FULL PAYMENT for vehicle purchases will result in a «PLC.Auction» imposed late expense of $30 per day, in addition to any charges imposed by the auction company (ie. Storage, Late Fees) which are the customer's duty and not the obligation of PLC.Auction. All vehicle transport partners are exclusively licensed and protected and are not representatives or specialists of PLC.Auction. Therefore, «PLC.Auction» won't be considered liable for any activity or harm caused in transport of bought vehicles. Any cost cited by the Website calculator, or any booked delivery dates cited via «PLC.Auction» delegates are planned for estimate only. Transport expenses, date and time appraisals cannot be ensured and are liable to change contingent upon climate, traffic and planning limitations. Final charges will be resolved after the purchased vehicle is conveyed with late fee, if not paid right away. It is the customer's sole obligation to survey the state of the vehicle and affirm any parts (keys, battery charging cord, etc.) present at the time of delivery. «PLC.Auction» won't be considered answerable for any cases made against vehicle transport partners. After purchase, transportation status will be viewable at all phases of delivery through the customer's account. The transport partner agent will contact the customer to plan a specific delivery time. It is the obligation of the customer to be at the location of delivery at the time of delivery, or the customer may defer the vehicle delivery, as well as, extra charges for rescheduling. All charges for rescheduling delivery are the obligation of the buying customer and not the responsibility of «PLC.Auction».
10. Denial of Access
“PLC.Auction” may prohibit you from using or accessing the Service or any content or features available thereon or the Service Content for any or no reason, at any time, in its sole discretion, without notice to you.
11. Digital Millennium Copyright Act (DMCA) Notice
«PLC.Auction» regards the protected innovation privileges of others and anticipates that you should do likewise. «PLC.Auction» has embraced the accompanying general strategy toward copyright encroachment as per the Digital Millennium Copyright Act. On the off chance that you accept that any substance showed on any of the Services encroaches your copyrighted work, you may send notice to «PLC.Auction» at email@example.com.
Please include the accompanying information with your notification:
- A mark of an individual authorized to act for the proprietor of the copyright;
- Identification of works or materials being encroached;
- Identification of the material with adequate detail so «PLC.Auction» can check its reality;
- Contact information about the telling party;
- An articulation that the advising party has a decent confidence conviction that the material isn't authorized by the copyright proprietor, its representative, or the law;
- and An explanation made under punishment of prevarication that the information gave is exact and the advising party is authorized to submit the question in the interest of the copyright proprietor.
When we get the notification, we may make moves in our circumspection, including eliminating the claimed encroaching material.
12.1 Forum Selection, Venue, Jurisdiction, Choice of Law, and Service of Process.
You acknowledge and accept the following as express conditions to using Company's Website and Services: This Agreement, your use of Company's Website and Services, and your relationship with Company shall be governed by the laws of the Lithuania republic without reference to the principles of conflicts of law. You and Company hereby irrevocably submit to the exclusive jurisdiction of and agree that all disputes, claims, and causes of action arising out of or related to this Agreement, your use of Company's Website or Services, or your relationship with Company shall be litigated in the state courts of Lithuania republic. You consent to service of process by certified or registered mailing of the summons and complaint to the last address provided by you to Company. You acknowledge and expressly consent to the choice of law, mandatory forum selection, and service provisions set forth herein.
You agree not to file or initiate litigation or any legal action (including arbitration or small claims actions) against the Company in any jurisdiction other than as provided, herein. Additionally, you agree that any applicable limitations period(s) will not be tolled during the pendency of any litigation or action instituted in any jurisdiction other than court located in Lithuania republic.
12.2 Limitations Period
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM, DISPUTE, OR CAUSE OF ACTION AGAINST THE COMPANY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH SUCH CLAIM AROSE OR BE FOREVER BARRED.
12.3 Limitation of Liability
REGARDLESS OF PREVIOUS PARAGRAPHS, IF COMPANY IS FOUND TO BE LIABLE IN ANY CLAIM, DISPUTE, OR CAUSE OF ACTION RELATED TO YOUR PURCHASE OF A VEHICLE OR YOUR USE OF COMPANY'S WEBSITE OR SERVICES, COMPANY'S LIABILITY TO YOU OR TO ANY THIRD-PARTY IS LIMITED TO THE AMOUNT OF THE PURCHASE PRICE AND RELATED FEES FOR ANY VEHICLE(S) IN DISPUTE; AND IF COMPANY IS FOUND TO BE LIABLE IN ANY CLAIM, DISPUTE. OF CAUSE OF ACTION RELATED TO ANY OTHER FEES AND/OR CHARGES UNDER THIS AGREEMENT OR AS A RESULT OF YOUR USE OF COMPANY'S WEBSITE OR SERVICES, COMPANY'S LIABILITY TO YOU OR TO ANY THIRD-PARTY IS LIMITED TO THE AMOUNT OF THE FEES AND/OR CHARGES IN DISPUTE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM OR ARE RELATED TO THE PURCHASE, SALE, DISTRIBUTION, USE OF (OR INABILITY TO USE) ANY VEHICLE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement and all other written agreements with Company remain in full force and effect and shall in no way be affected, impaired, or invalidated, and the parties shall use their best efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term or provision.
Except as otherwise stated herein, this Agreement is the entire and sole agreement of the parties hereto with respect to its subject matter, and there have been no representations, warranties, or promises outside of this Agreement.
By using Company's Website or Services, you agree to release Company, its auction facility partners, customers, users, employees, and other related and affiliated parties from any and all liabilities, costs, expenses, damages, claims, and causes of action. Should any third party bring an action against Company related to Member’s use of Company’s services and or any bids or purchase made through Company, Member agrees to fully indemnify Company, including Company’s attorney fees.
12.7. Attorney Fees
If member fails to comply with laws or regulations or is so alleged; member violates a provision of this Agreement: a third party brings action against Company related to Member’s use of Company services, as provided above; or as otherwise provided in this Agreement, Member is liable to Company for all expenses incurred related thereto, including attorney fees. It is specifically agreed that should Company choose to use in-house attorney for the provision of legal services related to Member’s failures or alleged failures as provided in this Agreement, Member is liable to Company for their attorney fees at a rate of no less than Three Hundred and Fifty Dollars per hour.
Company reserves the right to change any part of this Agreement at any time, with or without prior notice. The latest version of this Agreement will be made available on the Website, and it is your responsibility to ensure that the latest version of this Agreement is understood before bidding on or purchasing any vehicles through Company's Website or Services.
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PLC Group, UAB