TERMS AND CONDITIONS

JUNKKER auto auction STANDARD TERMS AND CONDITIONS

These terms and conditions govern all items offered for sale by or through JUNKKER auto auction, including iOS and Android.

SECTION A - U.S. STANDARD TERMS AND CONDITIONS:

As a condition to entering into any transaction through a website, iOS or Android platforms maintained by JUNKKER auto auction) (collectively, “JUNKKER auto auction’s websites”), for any item offered at or through JUNKKER auto auction platform in the U.S. (including at a live auction conducted by JUNKKER auto auction), you (“Member”) agree to be bound by the following Terms and Conditions. JUNKKER auto auction reserves the right to amend these Terms and Conditions at any time without prior notice to you. In addition, any terms and conditions printed on JUNKKER auto auction sale sheets, any conditions displayed on JUNKKER auto auction’s websites, and the JUNKKER auto auction Privacy Policy are incorporated into these Terms and Conditions by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars.

These Terms and Conditions affect your legal rights against JUNKKER auto auction. You should read the entire Terms and Conditions carefully before accepting them. By registering as a Buyer and/or placing a bid in a Junkker auction, you represent and warrant to Junkker auction that you have read and understood the Terms and Conditions in their entirety and that you agree to be bound by them in all respects.

Vehicles offered for sale on Junkker’s websites are sold through a sealed auction that is administered by Junkker. Junkker’s auction’s platform employs the following process:

• Buyers must be verified in accordance with Junkker’s auto auction’s policies, including submitting a government issued ID and other documents, subject to change from time to time or cancellation in JUNKKER auto auction’s sole discretion.
• The selling Member opens an auction for the car. All scrapyard owners who register on the application and chose a certain radius receive a notification.
• The auction takes place in real time, as soon as the vehicle is put on auction first bid is made, the countdown begins of approximately 20 minutes.
• Bidder places their respective bid. This is a sealed auction. A sealed-bid auction is a type of auction process in which all bidders simultaneously submit sealed bids to the auctioneer so that no bidder knows how much the other auction participants have bid. At the end of 30 minutes, the last highest bid goes to the selling Member, (s)he approves / rejects it. If for some reason the selling Member rejects the winning bid, the auction is considered closed. If there was no bids made or the bid was rejected, the selling Member can repost the vehicle.
• When the selling Member accepts the bid the scrapyard owner must pay a fee to the app ($ 65) . Until fee is paid - the details of the parties to the deal remained classified. After paying the fee both parties receive an email with contact details, including name, company name, address, email, phone number. If, for some reason, the deal didn’t take place, the seller receives his funds back but without withdrawal possibility and they can be used for the following auctions. Accounts may also be suspended for providing false information or for any suspected abuse. 

I. DISCLAIMERS

A. Vehicle Condition and History Disclaimer.

Except as otherwise expressly provided by applicable law, ALL VEHICLES ARE SOLD “AS-IS WHERE-IS.”

Except as otherwise expressly provided by applicable law, all vehicles sold through JUNKKER auto auction 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 JUNKKER auto auction’s websites and otherwise offered for sale at JUNKKER auto auction platforms, including but not limited to cars, trucks, motorcycles, boats, jet skis, industrial equipment, trailers, RV’s, etc.

JUNKKER auto auction and its vehicle selling Member’s expressly disclaim the accuracy or completeness of any and all information provided to Members regarding vehicles, whether provided in written, verbal, or digital image form (“Vehicle Information”). Vehicle Information provided by JUNKKER auto auction and its vehicle selling Member’s is for convenience only. Members shall not rely on Vehicle Information in deciding whether or how much to bid on a vehicle offered for sale through JUNKKER auto auction. 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. JUNKKER auto auction expressly disclaim any and all representations, warranties, and guarantees regarding vehicles sold through JUNKKER auto auction. JUNKKER auto auction does not guarantee that keys are available for any vehicle sold through JUNKKER auto auction, 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, JUNKKER auto auction does not guarantee that vehicles are equipped with any or all VIN plates. Vehicle parts may be missing. JUNKKER auto auction 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 Member to ascertain, confirm, research, inspect, and/or investigate vehicles and any and all Vehicle Information prior to bidding on vehicles.

All Members agree that JUNKKER auto auction 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 expense. Selling Member and Buying Member must arrange for transportation independent of JUNKKER auto auction.

B. Registration Laws Disclaimer. JUNKKER auto auction does not guarantee that any vehicle sold can be legally registered in any state or country, and the Member 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 JUNKKER auto auction.

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

D. Disclosure of Member Information. Each Member expressly agrees that JUNKKER auto auction may, if and to the extent necessary to comply with applicable law, disclose information regarding JUNKKER auto auction’s Members and regarding transactions conducted by Members through JUNKKER auto auction if requested to do so in any judicial or administrative proceeding or by any governmental agency or regulatory authority (whether by deposition, interrogatory, request for documents, subpoena, civil investigative demand, or otherwise).

II. SALE POLICIES

A. Bid Rejection. JUNKKER auto auction reserves the right to reject or void bids for any reason, in JUNKKER auto auction’s sole and absolute discretion. Should a dispute arise regarding a bid, JUNKKER auto auction is the exclusive deciding authority with sole and absolute discretion in resolving disputes. Members agree to indemnify, defend, and hold JUNKKER auto auction harmless from any and all liability arising out of decisions made in resolving disputes.

B. Sale Cancellation. JUNKKER auto auction may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from a sale. JUNKKER auto auction will have no liability or obligation to Members as a result of any vehicle withdrawal or sale cancellation or postponement. Further, JUNKKER auto auction reserves the right to cancel or reverse a sale transaction in the event of fraud, material misrepresentation, or patent defect in the Vehicle Description or bidding information, as determined by JUNKKER auto auction in its sole discretion. In the event a sale is cancelled after the Member has remitted payment, JUNKKER auto auction will credit the amount of the payment to the Member’s account (or to the Member’s credit or debit card used to remit payment, if applicable).

C. Vehicle and Title Release. JUNKKER auto auction reserves the right not to release any vehicle or vehicle title for any reason.

D. Bids Entered. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled. If the bid was accepted by the selling Member, they must sell the vehicle to the buying Member, (buying Member can complain about the selling Member on the platform), the selling Member’s account will be flagged and/ or banned.

E. Risk of Loss. Each Member takes full responsibility and assumes all risk of loss for all vehicles purchased from the time JUNKKER auto auction accepts the Member’s bid.

III. MEMBERS

A. Member Eligibility. You may sign up as a Member at JUNKKER auto auction if you are at least 18 years of age. In addition, state-specific registration requirements and applicable laws, regulations, and restrictions may further limit Member sign up and vehicle purchasing eligibility. JUNKKER auto auction reserves the right to deny member privileges to, or exclude from JUNKKER auto auction platforms, any individual or entity, in its sole and absolute discretion.

B. Compliance with Law. Members shall comply with all applicable laws, statutes, ordinances, and regulations regarding their use of JUNKKER auto auction’s services, including but not limited to laws and regulations regarding the transportation, storage, transfer, resale, dismantling, or retitling of a purchased vehicle.

C. Release of Liability and Indemnification. Members and their visitors irrevocably and unconditionally waive and release their rights (if any) to recover from JUNKKER auto auction, its directors, officers, employees, representatives, agents, subsidiaries, partners, and affiliates, and vehicle selling Member’s (“JUNKKER auto auction Indemnitees”) any and all damages, losses, liabilities, costs, expenses, or claims, whether direct or indirect, known or unknown, or foreseen or unforeseen, which may arise from or be related to bodily injury, property damage, or other loss which occurs on JUNKKER auto auction premises. Members agree to indemnify, defend, and hold JUNKKER auto auction Indemnitees harmless from any and all damages, losses, liabilities, costs or expenses (including attorneys’ fees) arising from claims made by the Member and the Member’s visitors arising from or related to: 1) bodily injury or property damage occurring on JUNKKER auto auction premises, 2) the Member’s failure to comply with applicable laws or regulations, 3) the Member’s sale or transfer of vehicles to third parties, and 4) claims made against JUNKKER auto auction Indemnitees by the Member’s visitors, agents, employees, or customers. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL JUNKKER auto auction INDEMNITEES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM OR ARE RELATED TO THE SALE, DISTRIBUTION, USE OF, OR INABILITY TO USE, ANY VEHICLE, EVEN IF JUNKKER auto auction INDEMNITEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Members and visitors who are California residents waive California Civil Code §1542, which reads: “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.”

IV. FEES, PAYMENT, AND DELIVERIES

A. Fees. All Members agree to pay the member fee and other fees applicable to each vehicle purchase. The Member is solely responsible for ascertaining applicable fees prior to bidding on a vehicle.

B. When a buying member wins and doesn't pay, after the warnings (s)he will be banned and/or wouldn't be able to use the app without having money on the in-app wallet.

C. JUNKKER auto auction will automatically withdraw money after the selling member clicks "Accept".

V. CHOICE OF LAW AND VENUE; ENTIRE AGREEMENT

A. Forum Selection, Venue, Jurisdiction, Choice of Law, and Service of Process. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be subject to Michigan state law and shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof located in the State of Michigan, County of Wayne .

B. Entire Agreement. These Terms and Conditions constitute the entire and sole agreement between the Member and JUNKKER auto auction with respect to the subject matter hereof. There have been no representations, warranties, or promises given or made that are not set forth in these Terms and Conditions.