South Metro Towing Inc.
Impound Auctions
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404-624-8071
950 South River Ind. Blvd.
Atlanta, Georgia 30315
Since 1999

TERMS AND CONDITIONS

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern South Metro Towing Inc.’s relationship with you in relation to this website. In using this website you acknowledge that you have read and understood these terms and conditions in their entirety, as well as our privacy policy, and that you are fully bound by each and every term herein. You also agree to be bound by any additional terms listed in a specific auction in which you may participate. You agree that it is your responsibility that you fully understand the terms and conditions before making a bid.

We reserve the right to amend these terms and conditions at any time without prior notice to you.Terms and conditions printed on auction lists, announced at a live auction and those displayed on our website become part of this agreement by reference. Prior to making any bid, you should carefully review our terms and conditions.

GENERAL TERMS AND DEFINITIONS

The term "South Metro Towing Inc." or "us" or "we" or "our" refers to the owner of the website, South Metro Towing Inc., and also includes the website maintained by us known as SouthMetroTowingAutoAuction.com. The terms "you", "buyer", "bidder", "I", or "me" refer to you, as a user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorized use of this website may give rise to a claim for damages and⁄or be a criminal offense.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • You may not create a link to this website from another website or document without our prior written consent.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of United States and specifically the laws of the State of Georgia.

INTERNET INTERRUPTIONS

The internet, your computer, and this site may be subject to unanticipated service interruptions or problems. Although we endeavor to provide the most reliable web services possible, you understand that we are not liable for any service interruptions or delays in service, and that we disclaim all responsibility for such problems, and that you use this site at your own risk.

REGISTRATION

To be able to bid on auctions on this site, you must register in a manner acceptable to us, and must be in good standing with us.

You acknowledge that you are at least 18 years of age, or such higher age as may be the age of majority in your jurisdiction, and understand that persons under the age of 18 may not participate in this website. You acknowledge that you meet all requirements imposed by federal, state, and local government laws and regulations. We reserves the right to deny or cancel registration or the ability to bid of any individual or entity at our complete discretion. You agree if requested to submit proof of identity (driver’s license, state ID, passport, etc.).

BIDDING TERMS

A bid is a binding contract which obligates you to complete the purchase of a vehicle if you are the winning bidder. Once you place a bid, you may not cancel or retract it. You should thus be sure you wish to purchase a vehicle before bidding on it.

You are responsible for all transactions on your account. In the event of unauthorized use of any online registration, you shall be responsible for all charges incurred prior to receipt of written notice by us advising of such unauthorized use.

In the event you have a winning bid and fail to pay for your vehicle, you acknowledge that this creates significant expense and difficulty for us. You agree that you will be liable for liquidated damages in the sum of $1000.00 or 15% of the bid amount, whichever is larger, and additionally agree you will be liable for any costs of collection, court costs and reasonable attorneys fees. You agree that any credit card deposit you have paid for your bid will be retained and applied to the liquidated damages under this paragraph and that you shall have no right to seek a "chargeback" for such charges.

We reserve the right to reject or void bids at any time for any reason. Should a dispute arise regarding a bid, we have sole and absolute discretion in resolving disputes. You agree to indemnify, defend, and hold us harmless from any and all liability arising from decisions made resolving disputes.

CONDITION OF VEHICLES

All vehicles are offered "AS IS, WHERE IS." There is no warranty, express or implied, on any vehicle, including but not limited to warranty or fitness for a particular purpose or merchantability. We strongly encourage you to inspect vehicles before bidding as bids are not refundable for any reason. No written or verbal statements and descriptions by the seller, seller’s agent or us shall be binding. For your convenience, we shall attempt to provide accurate contact information and locations for vehicles, but you should verify that information before bidding.

You are aware that vehicles sold by us are not for highway use, that you are responsible to tow vehicles you purchase at your expense, and that you are responsible to make needed repairs, including emissions and safety repairs, should you attempt to prepare the vehicle for highway use. We do not guarantee that such emissions and safety repairs are possible or practicable.

In that vehicles in this auction may be Title 40 sales via court order, neither the seller nor us are the owner, and the transfer of ownership does not occur until you present required documents to the Georgia Department of Motor Vehicles and make proper application for title. It is therefore solely your responsibility to obtain an odometer reading and we do not warranty the odometer reading is accurate. You are aware that some jurisdictions allow vehicles with missing VIN plates to be sold, and that we do not warranty or certify that the vehicle you buy has VIN plates.

It is your sole responsibility to research the history of the vehicle you bid on and to thoroughly inspect it. We do not certify or guarantee the condition, history or safety of any vehicle. We cannot guarantee the accuracy of the descriptions, written or by pictures, of any vehicle. IT IS YOUR SOLE RESPONSIBILITY TO ASCERTAIN, CONFIRM, RESEARCH, INSPECT, AND⁄OR INVESTIGATE ANY VEHICLE FOR SALE AT AUCTION PRIOR TO PLACING A BID. YOU EXPRESSLY AGREE NOT TO BASE A BID SOLELY ON INFORMATION PROVIDED BY US. THIS INFORMATION INCLUDES, BUT IS NOT LIMITED TO, THE YEAR, MAKE, MODEL, 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 AND WHETHER OR NOT A CAR STARTS OR RUNS.

We cannot guarantee that the vehicle you bid on will have keys available, even if you see keys in any written or picture description.

Please be aware that pictures cannot show every detail of a vehicle, so you should actually inspect vehicles to your satisfaction.

No motor vehicle equipment (including a tire) that is the subject of a decision under section 30118(b) of Title 49 U.S.C. or a notice required under section 30188(c) of Title 49 U.S.C. is sold for installation on a motor vehicle. Vehicles sold may contain deployed airbags that have not been replaced. Vehicles sold may have been subject to government or company recalls, and ma yor may not have received appropriate repairs.

We assume no responsibility for fire, Acts of God, theft, or other loss or damage to any vehicle once it has been released to you or your transporter.

AUCTION CANCELLATION

We may, at any time, in its sole and absolute discretion and with or without notice, postpone or cancel a sale. We will neither be liable or obligated to the Buyer as a result of any auction postponement or cancellation. We reserve the right to withdraw from auction any vehicle for any reason at any time at our sole and absolute discretion.

INDEMNIFICATION

You irrevocably and unconditionally waive and release your rights (if any) to recover from us, our directors, officers, employees, representatives, agents, subsidiaries, and affiliates any and all damages, losses, liabilities; cost or expenses and claims thereof, whether direct or indirect, known or unknown, or foreseen or unforeseen, which may arrive from, or be related to, bodily injury, property damage, or other occurrence on our premises. Under no circumstances, including negligence, shall we be liable to you 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 we have been advised of the possibility of such damages. Furthermore, you agree to indemnify, defend, and hold us harmless from any and all damages, losses, liabilities, costs or expenses, arising from claims arising out of your use of this website or any bid you may make.

CHECKS

Should we chose to accept your check, and we reserve the right to decline to accept any check, any checks returned unpaid for insufficient funds or other reasons will be subject to the maximum fee permitted by Georgia law and any and all collection costs including but not limited to collection agency fees and⁄or attorney’s fee and court costs.

SUPPLEMENTAL PRIVACY INFORMATION

Information you give us will be used solely for registration, account maintenance and collection of amounts due. We will NOT disclose any personal information to non-affiliated third parties except as stated in our privacy policy.

While we use all reasonable efforts to safeguard the confidentiality of your information, we will have no liability for any breach of security, for disclosure of any information obtained due to errors in transmission, or for any actions of any third parties that otherwise obtain your information.

You should read our full privacy policy for additional details.

APPLICABLE STATE LAW AND LIMITATIONS ON DAMAGES

These terms and conditions, and any dispute between you and us, shall be determined solely under the laws of the state of Georgia. In the event you elect to pursue litigation with us, you agree to pursue it solely in one of the following state courts in Fulton County, Georgia: Magistrate’s, Superior, or State. In the event we elect to pursue litigation with you, you agree we may elect to file in any jurisdiction in which you reside, or may, at our discretion, file in the Magistrate, State or Superior Courts of Fulton County, Georgia, and you consent to the personal jurisdiction of those courts.

In the event you pursue a dispute with us, you agree that our maximum liability for any act shall be the actual amount of your bid, and that you may not seek consequential, aggravated, bad faith or punitive damages.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

These terms and conditions constitute the entire agreement between you and us. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You agree and understand that you are solely responsible for maintaining the security and confidentiality of passwords associated with any account you make with us, and that you will be responsible for any use made of your password.

If you have a dispute or concern with us, you agree to advise us in writing, via certified mail, FedEx, Express Mail or UPS, as to your dispute or concern. Send it to South Metro Towing INC., Attention Greg Greeson, 950 South River Industrial Blvd., Atlanta, Georgia 30315.