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 internet access, an active email address, and register online at CapitalCityAutoAuction.Com with a unique email address and password. Most items (Vehicle) at CCAA are donations and are being sold by a charitable organization. Many of these Vehicles are considered “End of Life” Vehicles. CCAA has NO information regarding the condition or history of any Vehicle. CCAA provides a general description (see Vehicle Condition) 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. 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 the Vehicle at any time and are not included in the purchase; images (if available) are provided solely for Buyer’s convenience.

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 physical or mechanical inspections have been performed by CCAA. Vehicles are NOT test driven for function or performance; CCAA does not verify drivability or attest to the condition, or soundness of the Vehicle. CCAA does not inspect or attest to the completeness of any Vehicle; components, options, or equipment may have been modified, or removed (E.G., Catalytic Converter, ECM, Spare Tire, Etc.) and their presence or condition are not guaranteed. No guarantee as to the condition of the Powertrain, Emission System, Drivetrain, Suspension, Electrical Systems, or any other components are expressed or implied. Once a Vehicle is removed from our facility, the Buyer accepts Vehicle AS-IS, there are No Returns, Refunds, or Recourse, under any circumstances. All Sales Are Final!

Images or videos provided by CCAA are NOT intended to meticulously document and display every condition or aspect of the Vehicle; damages might not be plainly visible without a detailed examination of the Vehicle. Buyer should exercise extreme caution and shall not rely on Vehicle information, images, or videos in deciding whether or how much to bid on a Vehicle. It is the buyer’s sole responsibility to investigate and confirm all Vehicle information prior to placing any bid.

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.

Writing, Stickers, or Decals visible to Buyers on Vehicle are for Internal Use Only. This information is NOT for Buyer use or reference. Buyer should exercise extreme caution and shall not rely on this information in determining the Vehicle condition or deciding whether or how much to bid on a Vehicle.

Auction Terms and Conditions and/or Auction Fees displayed on our website, printed on auction lists, announced during the auction, or displayed at our facility 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.

Vehicle Condition: Vehicles are NOT test driven on open roads or operate over 5-mph while at our facility. Vehicle may have modified, or missing components (including catalytic converters) and their presence or condition are not guaranteed. General conditions are provided in the online Vehicle profile and is solely for the Buyer’s convenience; these conditions are not complete, and CCAA is not responsible for the accuracy, or incomplete descriptions. It is strongly recommended that Buyer obtain a Carfax or similar report prior to placing any bid.

Definition of Vehicle Conditions

• Starts: At the time the Vehicle arrived at CCAA’s facility, CCAA verified that the vehicle started and ran at an idle.
• Not Running:  At the time the Vehicle arrived at CCAA’s facility, CCAA was unable to start the vehicle and was unsure of the reason it would not start.

An alternative fuel source or electrical source may have been used to obtain the Vehicle Run & Drive, or Starts condition status.

Emissions, and Safety Inspections: Unless a CA Smog Certificate is provided, ALL Vehicles 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. Vehicle is not guaranteed to pass any state/government emission or safety inspection

Many of these 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 noncompliant in the state of California and 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 smog inspections.

Taxes, Charges, Inspections or Fees: Any and all taxes, fees, penalties, inspections, verifications, emission certifications, and current or past due registration fees payable to, or required by any agency, are due and payable by the Buyer outside of their transaction with CCAA. It is the sole responsibility of the Buyer to investigate and confirm all Taxes, Charges, Inspections, or Fees required or due, prior to placing a bid.

Title and Branding Information: Buyer will receive transferable title documents, for use in California, at the time of payment. CCAA does not guarantee any Vehicle can be registered in any state, provinces or country, and the Buyer accepts all risks associated with variations in title and registration laws between states, provinces, and countries. It is the buyer’s sole responsibility to investigate, and confirm all Vehicle sale documents, registration, or export requirements prior to placing a bid.

CCAA utilizes Carfax as its sole source for Vehicle title branding information. If a report is available, CCAA will review the information 45-days prior to placing an item up for auction. If available from Carfax, the following title branding information will be included in the Vehicle listing: Airbag Deployment, Structural Damage, Junk, Salvage, Rebuilt, or Total Loss status, and Exempt, TMU, Rollback, or Inconsistent mileage history; additional title notes may or may not be included. CCAA will not be responsible for omitted branding information or changes if added by Carfax within 45-days of the initial auction date. It is the buyer’s sole responsibility to investigate and confirm Vehicle history prior to placing a bid.

A REG-396 is completed for all sales and filed electronically with the California DMV in the Buyer’s name. Buyer must export, or transfer Vehicle into inventory as required by State and/or Federal law. Buyer agrees to provide proof of export or transfer upon CCAA request. Failure to report Vehicle transfers or sales will result in suspension of Buyer privileges and will be reported to the DMV investigative unit.

Auction Registration: Buyers must be over the age of 18 and meet any/all federal, state, and local regulations. Buyers must register online with CCAA, agree to the Auction Terms and Conditions, and provide the following information and documents prior to bidding on any Vehicle or accessing our facility. Buyer information, Business License, Tax information and must be verified prior to account activation. Buyer information can ONLY be reviewed and verified during normal business hours.

California Dealer, Dismantler, or Scrap Metal Processor

• Copy of Dealer/Dismantler license issued by CA DMV
• Copy of Resale License issued by CDTFA
• Completed California Resale Certificate on form CDTFA-230-F
• Name and contact information of individual representing the business
• A valid ID (State issued driver’s license, ID card, or Passport) for the individual representing the business

 

Out-of-State Buyer (Licensed, Registered, Regulated, or Certified Automotive Businesses)

• Copy of State or County License to operate as a Dealer, Dismantler, Auto Repairer, or Scrap Metal Processor.
• Copy of Resale License issued by your home state
• Completed California Resale Certificate on form CDTFA-230-F
• Name and contact information of individual representing the business
• A valid ID (State issued driver’s license, ID card, or Passport) for the individual representing the business

 

Export Buyer (Transporting purchases out of the United States)

• Copy of license issued by state, province, or country.
• Submit an Exporter Statement of Fact if a license is not required by your state, province, or country
• Completed California Resale Certificate on form CDTFA-230-F
• Name and contact information of individual(s) representing the business
• A valid ID (State issued driver’s license, ID card, or Passport) for the individual representing the business
• Provide complete contact information on the Freight Forwarder and the carrier that will be transporting the purchases to the Freight Forwarder.

 

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.

Yard Rules:

• 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 Vehicles.
• All Buyers must wear closed toe shoes
• All Buyers must wear their issued safety vest while in the yard.
• 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. Items 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 should exercise extreme caution and shall research and inspect Vehicle 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 auction fees. These fees are in addition to the high bid placed on the Vehicle; see Auction Fees.
• IF-Sale (approval) Vehicle – The high bidder is bound to the bid placed on the Vehicle during the auction. Items requiring bid approval may be negotiated directly between the consignor and Buyer via the internet. These items will be negotiated, approved, or rejected with the consignor, no later than 12 noon on the second business day following the auction. CCAA does NOT notify the Buyer directly when a Vehicle is awarded. Buyer is responsible for monitoring their CCAA account and their email for pending bid negotiations and awarded items.
• 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 Vehicle: “Buy-It-Now” items are subject to all Auction Terms and Condition contained herein.

Payment, Title, Vehicle Pickup & Storage: Vehicle must be paid for and picked up within two (2) business days of being awarded to the Buyer’s account. ONLY the registered Buyer or approved company representative may pay for, sign paperwork, and pickup purchases. CCAA urges the Buyer to pay for and remove Vehicle 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.

• Payment – Vehicle must be paid for 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; see Auction Fees.
  • 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 – Vehicle 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; see Auction Fees.
• Title – Buyer will receive transferable title documents, for use in California, at the time of payment.
• Removal – 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. To protect CCAA property and to comply with local City ordinances, CCAA will not place any Vehicle on a public street.
  • 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.
• Loading – CCAA does not offer Vehicle loading services.
• Vehicle Repairs: Repairs of any type are prohibited from being performed on CCAA property or public streets.

Unlawfully Parked Vehicles: Any vehicle left on CCAA property or on public streets afterhours 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.

Relist is the Buyers failure to complete a Vehicle purchase. In accordance with this agreement, Buyer will be charged a fee on each Relisted Vehicle; see Auction Fees. Any Vehicle not paid for by 4:30 pm on the 3rd day, may, at CCAAs discretion, be considered a Relist. In the event Buyer fails to pay for a vehicle buyer shall pay CCAA a “Relist Fee” equal to $750 or 15% of sale price, whichever is greater. Buyer is also responsible for any and all costs and expenses incurred by CCAA arising out of or related to collecting the Relist Fee, including attorneys’ fees and court costs. Bidding privileges will be suspended until the Relist Fee has been received. Any buyer that reneges on a second vehicle may have bidding privileges revoked. If the 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 Relist Fee and legal fees.

Cancellation Fee: In the event a buyer pays for but fails to pick up a vehicle within 30 (thirty) calendar days after the date the buyer paid for the vehicle, Buyer agrees to pay CCAA a “Cancellation Fee” equal to the Relist Fee plus CCAA’s reasonable and customary daily storage fee from the date of payment until the date at which CCAA can resell the vehicle. If the buyer has already received the title for the vehicle, the “Cancellation Fee” shall also include CCAA’s expense to file for and obtain a title in CCAA’s name under the relevant state’s abandonment laws. After paying the Cancellation Fee, the balance of the purchase price will be applied toward any other unpaid or outstanding amounts on buyer’s account, or as otherwise permitted by the “Set-off” provision below, with the remaining balance, if any, transferred to account credit.

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.