Terms and Conditions
As a “Buyer” with Capital City Auto Auction (CCAA) you agree to be bound by the following Auction Terms and Conditions. CCAA may amend these terms and conditions at any time, without prior notice.
Online Account: CCAA operates as an online auction. All searches, bidding and sale communications are made electronically via the internet. Buyers must have computer access, an active email address, and register online at CapitalCityAutoAuction.Com with a unique email address and password.
Most items (Vehicles) at CCAA are charity-donations and are being sold by a charitable organization. CCAA has NO information regarding the condition or history of any Vehicle. NO physical or mechanical inspections have been performed by CCAA. Vehicles are NOT test driven; CCAA cannot verify drivability or attest to the condition, or soundness of the Vehicle, including but not limited to, the Powertrain, Drivetrain, Suspension, or Electrical Systems. CCAA provides a general description of each Vehicle; however, mechanical problems may be present which are not apparent, visible, or known by CCAA. CCAA is not responsible for the accuracy or incomplete descriptions of Vehicles.
Conditions of Sale: All Vehicles sold at CCAA are sold "As-Is, Where-Is, With All Faults", With No Warranty, Expressed or Implied, Including But Not Limited To, Any Warranty of Fitness or Merchantability. Many donated Vehicles are considered “End of Life” Vehicles and, unless a smog certificate is provided at the time of sale, buyer understands and agrees that these vehicles will not currently pass a California smog inspection and are therefore considered to be non-compliant Vehicles which may only be used off-road or for parts only, unless the Buyer completes repairs to bring the Vehicle into compliance. Under no circumstance will the buyer hold CCAA or the contributing charity responsible for the cost of any repairs or the cost of smog inspections. Any and all information provided by CCAA in writing, verbally, or in image form pertaining to any auction item, including (when available) the Vehicle Identification Number and License Plate Number, is solely for the Buyer’s convenience. License plates may be removed from Vehicle and are not included in the purchase; images (if available) are provided solely for information purposes. CCAA makes NO WARRANTY as to Vehicle conditions, Title status, or as to the accuracy of the information; all are statements of opinion, including physical description, and are NOT to be relied upon as statements or representations of fact. No guarantee as to the condition of the Powertrain, Drivetrain, Suspension or Electrical Systems or any other components are expressed or implied. Unless agreed to in writing, Once a Vehicle is removed from our facility, there are No Returns, Refunds, or Recourse, under any circumstances. All Sales Are Final!
Auction Terms and Conditions and/or Auction Fees printed on auction lists, announced during the auction, displayed in the office or on the website become part of this agreement by reference. Buyer understands they have read and agree to the “Auction Terms and Conditions” and “Auction Fees” as set forth by CCAA.
Emissions, Safety Inspections, State Taxes and Charges or Fees: Vehicle(s) are not guaranteed to pass ANY state emission or safety inspection where applicable. Unless a CA Smog Certificate is provided, ALL Vehicle(s) are considered Noncompliant to CA emission requirements. If, a CA Smog Certificate is provided, Buyer agrees to pay a Smog Certification Fee; see Auction Fees. Any and all taxes, fees, smog certifications, current or past due registration fees, or penalties due to the DMV, are the responsibility of the Buyer.
Registration: Buyers must be over the age of 18 and meet any/all federal, state, and local regulations. Buyers must register with CCAA and provide the following information and documents prior to bidding on any Vehicle or accessing our facility.
Licensed Buyer (Dealer, Dismantler or Exporter)
- Dealer/Dismantler/Exporter information including License Number and expiration date
- A copy of all applicable licenses
- A copy of their state's resale license if applicable
- A completed California Resale Certificate
- Name and contact information of individual(s) representing the business
- A valid ID for individual(s) representing the business
- Agree to the CCAA’s Auction Terms and Conditions
Buyer’s ID and Dealer License (if applicable), and Resale Certificate must be verified prior to account activation. Buyer information can ONLY be reviewed and verified during normal business hours.
Authorized Bidders & Auction Attendance: Buyer must keep a valid ID on-file with CCAA and present the matching ID to gain access to the premises, and, or preview inventory. CCAA reserves the right to suspend or revoke Buyer privileges, or refuse admittance to anyone, for any reason, at any time.
- A valid ID must be presented for all account transactions.
- Buyer is responsible for maintaining the confidentiality of their login information and is encouraged to change their password on a regular basis.
- Buyer is responsible for all usage, bids and charges on their account.
- The business owner on-file is responsible for all usage, bids and charges on the account.
- All account charges must be cleared and paid prior to attending, preview or bidding in an auction.
Hold Harmless: Buyer and their guests irrevocably and unconditionally waive and release their rights (if any) to recover from CCAA and its directors, managers, lenders, employees, agents, insurance carriers, donation organizations and clients, any and all damages, losses, liabilities; cost or expenses and claims thereof, whether direct or indirect, known or unknown, foreseen or unforeseen, which may arrive from, or be related to, bodily injury, property damage, or other occurrence on CCAA's premises. Under no circumstances, including negligence, shall CCAA be liable for any special, incidental, or consequential damage or lost profits that result from or are related to the sale, distribution or use of, or the inability to use, any vehicle, even if CCAA has been advised of the possibility of such damages. Buyer and guests agree to waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Furthermore, Buyer agrees to indemnify, defend, and hold CCAA harmless from any and all damages, losses, liabilities, and costs or expensed, arising from claims made by Buyer guests for bodily injury or property damage occurring on CCAA's premises.
- No one under the age of 18 is allowed in the yard at any time.
- Tools, Briefcases, Backpacks, Purses, or any like item, are not allowed in the yard.
- Only registered Buyers in good standing are allowed in the yard to preview and/or inspect Vehicle(s).
- All Buyers must wear their issued auction badge while in the yard.
- Buyers interested in checking out a preview Vehicle key must present their auction badge and a non-expired government issued ID matching their account.
- Buyers may only checkout ONE key at a time.
- Anyone caught tampering with or locking a Vehicle will be ejected from the premises and lose bidding privileges.
- Anyone caught stealing, removing parts or damaging a Vehicle will lose bidding privileges, be ejected from the premises, arrested, and prosecuted to the fullest extent of the law!
Auction Cancellation & Vehicle Withdrawal: CCAA reserves the right to reschedule, postpone or cancel the auction in whole or part, or withdraw any Vehicle, for any reason, at its sole and absolute discretion. CCAA reserves the right to modify, or add, any terms and conditions either prior to, or during the auction.
Internet Auction Bidding: CCAA reserves the right to reject, or void bids, at any time, for any reason. CCAA or its consignors may withhold the sale approval of a Vehicle if a fair value is not received at auction. Vehicles awarded to the high bidder are considered “Offers” until cleared by the consignor and placed on the Buyer’s account. CCAA may, at its sole and absolute discretion, solicit bids outside of the auction and award any Vehicle as such.
- All bids are final; once a bid is placed, it cannot be deleted or retracted.
- Buyer is encouraged to research and inspect all Vehicles prior to placing any bid.
- A third-party online bidding tool is offered to our Buyers. As with any electronic tool, this application can lockup, or lose connectivity at any time. CCAA will not be held liable for any lost bidding opportunity while using this system.
- Fees – All auction items are subject to additional fees that are, in addition to, the high bid placed on each Vehicle; see Auction Fees.
- IF-Sale (Approval) Vehicles – The high Buyer is bound to the bid placed on the Vehicle during the auction. Vehicles requiring bid approval will be negotiated, approved, or rejected with the consignor, no later than 12 pm on the second business day following the auction. Vehicles may be negotiated directly between the consignor and Buyer via the internet. CCAA does NOT notify the Buyer directly when a Vehicle is awarded. Buyer is responsible for monitoring their account and email for pending bid negotiations and awarded Vehicles.
- Changing a Buyer – A Buyer may change, for a fee, the purchasing party to another Buyer after a Vehicle is awarded at auction. The purchasing party may NOT be changed if payment has already been received by CCAA. See Auction Fees.
Buy-It-Now Vehicles: “Buy-It-Now” items are subject to all Auction Terms and Condition contained herein.
Relist Fees: If a Buyer fails to pay the balance due on a purchase (See Payment, Title, Vehicle Pickup & Storage), the transaction will be considered reneged and processed in accordance with the Renege terms. If a Licensed Buyer fails to pay the balance due, a demand will be placed against their Dealers Bond with the Department of Motor Vehicles for the Renege Fee and legal fees.
Payment, Title, Vehicle Pickup & Storage: CCAA urges the Buyer to pay for and remove Vehicles immediately after the auction to ensure their protection. Vehicles remaining at CCAA’s facility after the auction will be at the sole risk of the Buyer. CCAA will not recognize any claim of damage or theft (including but not limited to: keys, stereos, batteries, Etc.) after the Vehicle has been awarded.
- Buyer Payment – ONLY the purchasing Buyer or a representative authorized IN WRITING my pay for and sign paperwork.
- Payment – Vehicles must be paid for and picked up within two (2) business days of being awarded to the Buyer’s account. Vehicles not paid for within the two (2) days will be charged a late fee.
- Payment Types Accepted:
- Cash – $500 Maximum, per buyer, per day
- Cashier’s Check or Preapproved Company Check
- Money Order (we do not accept Continental Express money orders)
- Credit Card – Visa or MasterCard; a 3% convenience fee will be added to the total amount charged when a credit card is used to pay the balance of a purchase.
- Return Checks – Any NSF returned check will result in the loss of check writing privileges and be subject to a reprocessing fee, bank charges, and any and all collection costs including, but not limited to, reasonable attorney fees; see Auction Fees.
- Vehicle Release – Vehicles may be picked up after full payment is received by CCAA. Vehicles not picked up within two (2) days will be charged a per-day storage fee.
- Title – Buyer will receive transferable title documents along with any applicable CA DMV Report of Sale Documents. Licensed Exporters and Out of State Buyers must have vehicles taken out of state or to a freight forwarding company by a licensed motor carrier. Buyer agrees to provide proof of export or transfer before the vehicle may leave the premesis.
- All sales are reported to the DMV, including the filing of a REG138 in the Buyer’s name.
- Removal – ONLY the purchasing Buyer or an authorized representative may pick up a Vehicle. A Buyer may complete a CCAA “Vehicle Release” form, in person, at the time of payment, to authorize another person or company to pick up a Vehicle on their behalf.
- All purchases should be picked up with a tow vehicle, use of a Dealer Plate, or a 1-Day Moving Permit under California Vehicle Code §§4002 & 11716.
- Non-Running vehicles must be towed from the yard and will only be released with a tow vehicle present. Storage charges will not be waived under any circumstance.
- Vehicle repairs may not be performed on CCAA property or public streets.
- Loading – Material handling equipment is used to move Vehicles at our facilities, as such; CCAA will not recognize any claim of damage resulting from the general handling or pullout of a Vehicle. CCAA does not offer Vehicle loading services.
- Unlawfully parked vehicles – To protect CCAA property and comply with local City ordinances, CCAA will not place any Vehicle on a public street. Any vehicle left on CCAA property or on public streets after hours will result in the suspension of Buyer privileges and removal of the vehicle by applicable law. Buyer privileges may be reinstated, at the discretion of CCAA Management, and the payment of an Account Reinstatement Fee; see Auction Fees.
- Renege – The Buyers failure to complete the vehicle purchase. In accordance with this agreement, Buyer will be charged a fee on each Renege Vehicle; see Auction Fees. Any Vehicle not paid for by 4:30 pm on the 3rd day, may, at CCAAs discretion, be considered a Renege.
Rights of Privacy: I understand that prior owner(s) of any Vehicle sold at CCAA have a right to privacy pursuant to Section 1, Article I, of the Constitution of California and the United States Constitution. In the event a Buyer obtains personal information of a prior owner(s) of a Vehicle and contacts, or attempts to contact a prior owner, such conduct shall be a material breach of the Auction Terms and Conditions. Such conduct shall be deemed a violation of California Information Practices Act of 1977 Civil Code Section 1798 et.seq. and the Drivers Privacy Protection Act 18 U.S.C. § 2721 et. seq. In such event, the person in violation of this paragraph shall, in addition to losing future Buyer privileges, indemnify and hold harmless CCAA from any and all claims including cost of defense and shall be liable to CCAA for any special, incidental, or consequential damages or lost profits as a result of contacting a prior owner of a Vehicle.
By agreeing, I am stating that I have read, understand, and agree to be bound by the policy, procedures, terms, conditions, and fees as set forth by Capital City Auto Auction in these Auction Terms and Conditions. I understand that failure to comply with this agreement may result in the suspension of all Buyer privileges. CCAA may amend these or any other policy, procedures, terms, conditions, or fee schedules at any time without prior written notice.