Auction Vehicle Disclaimer

A. Vehicle Condition and History Disclaimer. 

Except as otherwise expressly provided by applicable law, all vehicles sold through Twedell's Automotive, Towing and Wrecking (Twedell’s) are sold “AS-IS WHERE-IS,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. As used in these Terms and Conditions, “vehicle(s)” means all items posted for sale on Twedell’s Websites and otherwise offered for sale at Twedell's facilities, including but not limited to cars, trucks, motorcycles, boats, jet skis, industrial equipment, trailers, RV’s, etc. “Vehicles” also includes miscellaneous salvage items that are posted for sale on Twedell's Websites under the heading “Wrecking Yard.”  However, Buyers expressly acknowledge and agree that “vehicle(s)” does not mean or include, and Twedell's does not purport to facilitate the sale of, any cargo or items of personal property which may be contained in a vehicle but are not part of the vehicle. It is the sole responsibility of the Buyer purchasing a vehicle to take possession of and/or dispose of any such cargo or contents in accordance with applicable law. 

Twedell's and its vehicle sellers expressly disclaim the accuracy or completeness of any and all information provided to Buyers regarding vehicles, whether provided in written, verbal, or digital image form (“Vehicle Information”). Vehicle Information provided by Twedell's and its vehicle sellers is for convenience only. Buyers shall not rely on Vehicle Information in deciding whether or how much to bid on a vehicle offered for sale through Twedell's. Vehicle Information includes but is not limited to: year, make, model, condition, ACV, damage amount, damage type, drivability, accessories, equipment, mileage, odometer disclosures, vehicle identification number (e.g. “VIN,” “HIN,” and serial number), title, repair cost, repair history, title history, and total loss history. No effort has been made to list open recalls applicable to any vehicles. Any recalls are the sole responsibility of the purchaser and can be found at locations like https://www.nhtsa.gov/. Twedell's and its vehicle sellers expressly disclaim any and all representations, warranties, and guarantees regarding vehicles sold through Twedell's. Twedell's does not guarantee that keys are available for any vehicle sold through Twedell's, regardless of whether keys are present in online vehicle images or were present in the vehicle prior to the time of purchase. Certain jurisdictions permit vehicles to be sold with missing VIN plates; as a result, Twedell's does not guarantee that vehicles are equipped with any or all VIN plates. Vehicle parts may be missing. Twedell's does not guarantee that vehicles meet or can be modified to meet local emission and/or safety requirements. It is the sole responsibility of the Buyer to ascertain, confirm, research, inspect, and/or investigate vehicles and any and all Vehicle Information prior to bidding on vehicles. 

All Buyers agree that Twedell's vehicles are sold AS-IS and are not represented as being in a road worthy condition, mechanically sound, or maintained at any guaranteed level of quality. The vehicles may not be fit for use as a means of transportation and may require substantial repairs and expenses. Repairing or dismantling vehicles on Twedell's premises is strictly prohibited. All Buyers must arrange to safely and legally remove purchased vehicles from Twedell’s facility prior to undertaking any repairs or dismantling. 

B. Registration Laws Disclaimer. Twedell's does not guarantee that any vehicle sold can be legally registered in any state or country, and the Buyer accepts all risks associated with variations in vehicle title and registration laws between states, provinces, and countries that may negatively impact the marketability of vehicles purchased at Twedell's. (For example, a vehicle legally purchased on a clean title by a Buyer at a Twedell's facility located in State “A” may be required to be sold on a salvage title if Buyer transports and resells the vehicle in State “B”.) 

C. DMV/MVD/DOR Paperwork Disclaimers. Twedell's is not responsible for defects, errors, omissions, or delays of any nature (i) related to motor vehicle department or department of revenue paperwork not processed by Twedell's or (ii) made or caused by any motor vehicle department, department of revenue or other governmental entity. 

D. NMVTIS Reporting Disclaimer. Vehicles listed for sale at Twedell's may have been reported to the National Motor Vehicle Title Information System (“NMVTIS”), and transaction data related to vehicles purchased at Twedell's may be reported to NMVTIS, in Twedell’s sole discretion. Each Buyer accepts all risks associated with purchasing vehicles at Twedell's resulting from the reporting of the vehicle or the purchase transaction data to NMVTIS by Twedell's or others. Buyers may be subject to NMVTIS reporting requirements when purchasing certain vehicles. For more information on reporting requirements, exemptions, and how to obtain an NMVTIS Reporting ID, visit https://vehiclehistory.bja.ojp.gov/.

A. Bid Rejection. As permitted by state law, Twedell's Towing Medford reserves the right to reject or void bids for any reason, in Twedell's sole discretion. Should a dispute arise regarding a bid, Twedell's Towing Medford Oregon is the exclusive deciding authority with sole discretion in resolving disputes. Buyers agree to indemnify, defend, and hold Twedell's harmless from any and all liability arising out of decisions made in resolving disputes.

B. Sale Cancellation. Twedell's Towing Medford may, in its sole discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from a sale. Twedell's will have no liability or obligation to Buyers as a result of any vehicle withdrawal or sale cancellation or postponement. Further, Twedell's reserves the right to cancel or reverse a sale transaction if Twedell's determines in its sole discretion that such action is necessary to prevent fraud or other illegal activity, or if Twedell's reasonably believes there is material a misrepresentation, or patent defect in the Vehicle Description or bidding information. Twedell's also reserves the right to cancel or reverse a sale transaction if Twedell's reasonably believes the sale or transaction involves a violation of Twedell’s Buyer Terms. In the event a sale is cancelled after payment has been remitted, Twedell's will return the payment to the original form of payment, where feasible.

C. Risk of Loss. Each Buyer takes full responsibility and assumes all risk of loss for all vehicles purchased from the time Twedell's accepts the Buyer’s bid. From and after Seller accepts a Buyer’s bid (for vehicles located at a Twedell's facility), the Buyer acknowledges that Twedell's is acting as bailee of the Buyer’s vehicle until such time as the vehicle is removed from Twedell's premises by the Buyer or the Buyer’s agent or representative. The Buyer agrees that under the terms of the bailment, (1) Twedell's shall not be responsible for damage to or loss of the vehicle or parts thereof due to operational procedures in place at all Twedell's facilities, from acts of theft or vandalism, or acts of God; (2) Twedell's shall only be responsible for damage to or loss of the vehicle or parts thereof caused by the direct willful or grossly negligent act or omission of Twedell's; and (3) Twedell's shall not be responsible for any claim of damage made after the vehicle has left Twedell's premises, regardless of whether the Buyer or any agent, employee or other representative on the Buyer’s behalf picks up the vehicle.

The Buyer agrees to comply, and to cause its agents and representatives to comply, with all applicable laws and regulations when removing a vehicle from a Twedell's facility, including properly loading and securing all vehicles for safe travel. Twedell's Towing Medford shall in no event be responsible or liable for any damage occurring as a result of unsafe or improper loading or securing of a vehicle for transport, and the Buyer agrees to indemnify, defend, and hold Twedell's harmless from any and all claims, damages, losses, liabilities, obligations, costs and expenses (including attorneys’ fees) arising from or related to any failure of the Buyer or the Buyer’s agent or representative to properly load and/or secure a vehicle for transport.

Once a vehicle is removed from Twedell's premises it is accepted AS-IS, and under no circumstances will Twedell's be liable for subsequent claims of damage or loss of any kind or nature whatsoever. In the event Twedell's is found liable by a competent judicial authority, damages shall be limited to the lesser of (i) the amount of the diminution in value of the vehicle as reasonably estimated by Twedell's or (ii) the auction sale price (in which case the Buyer shall return the vehicle to Twedell's). Twedell's may, in its sole discretion, resell the vehicle at a Twedell's sale, and the difference between the original sale price and the resale price shall be conclusive as to the amount of diminution of value, if any.

D. Timely Removal of Purchased Vehicles. Vehicles purchased and not removed from Twedell's parking or loading facilities by 4:45 p.m. (local time at the facility) will be moved to the locked storage area and will only be released upon payment of an additional gate and storage fee if applicable.

A. Fees. All Buyers agree to pay all fees applicable to each vehicle purchase. All fees are subject to change without prior notice. The Buyer is solely responsible for ascertaining applicable fees prior to bidding on a vehicle. This includes understanding any fees related to Medford towing services if the vehicle requires transport after purchase. 

B. Payment. 

Payment for vehicles and fees may only be made by payment methods accepted by Twedell's, which may change from time to time at Twedell's sole discretion. Twedell's reserves the right to restrict payment methods that a Buyer may use. By initiating a transaction or otherwise making a payment to Twedell's, you confirm that you are authorized to use that payment instrument and that Twedell's is permitted to share information about you, the payment instrument, and the transaction with Twedell's clients as needed to initiate, process, or settle the transaction. All payments for fees and lots must be made from an account belonging to the Buyer or authorized user. Commencing 30 days after the sale date, a finance charge in an amount equal to the greater of 1.5% per month (18% per annum) or the maximum allowed by law may be charged on any unpaid balance until payment in full is received by Twedell's. Buyers agree to be personally liable for payment of any cashier’s check or check that is dishonored. In the event of a dishonored cashier’s check or check, the Buyer agrees to make payment within two days after receipt of notice from Twedell's of a dishonored check, and to pay Twedell's NSF processing fee, as well as any and all collection costs including but not limited to, collection agency fees, administrative fees, and/or attorney’s fees and court costs. All auctions must be paid in full before the vehicle will be released to the Buyer. For any necessary vehicle transport, buyers can inquire about Twedell's towing Medford services or other relevant options for towing Medford Oregon.