Bar None Auction Service

I would imagine that there is a tracking number on the piece of mail that went out in yesterdays mail.Please contact the general manager at the Portland site for this information at [redacted]

I am rejecting this response because: the bid times do not reflect the actual time bidding had stopped

This particular customer resold the unit with Bar None Auction after making the purchase. Therefore he is not entitled to a refund for the purchase. He has been sent a sellers payment for the sale transaction of the vehicle.

I am rejecting this response because: The statement Mr. [redacted] has made is untrue. First I addressed the issue multiple times within the office I purchased at (Jurupa Valley CA.) Since I was not getting any remedy to the situation locally I sought out Mr. [redacted] in order to escalate the matter. I was not given his contact info by a Bar none representative so I researched and found his contact info myself. I left him a voicemail on a cell # in which was never returned. Next I tried calling his landline through calling a corporate office so he could not dodge the call as easily. Finally I got him on the line. For Mr.[redacted] to state he heard about the matter for the first time in December further proves my point that they were not trying to urgently fix this problem or escalate internally since they could not satisfy the agreement. I explained to him that I was upset that I was forced to take these matters into my own hands to go above his staff who managed the auction. Furthermore to say I had the option to have the vehicle registered through them is exactly that. AN "Option" which I chose to register the vehicle myself in order to not pay Bar none additional fees to have them register for me. If they remove my right to decide then there is no option for me. He is saying that I should have paid them to do so rather than giving me that service for free since they disabled my option to do so myself. So unless I agree to pay more money I do not have a way to legally use the vehicle in which I paid cash for with the understanding I would leave with a title to said vehicle the day of purchase. Then Mr. [redacted] states that I have buyers remorse followed by the fact I only paid $1100. Truth be told I paid a total of $1486.20 once their buyer's premium, Admin fees and taxes were added. (See attachment*)His statement also contradicts itself by stating "What a great buy on his part". How can I make a great buy yet have buyers remorse? Additionaly if he feels that it was such a great buy why would there be any hesitation for him to return my funds and accept the vehicle back? If the process is expected to be slow then as a consumer I should be made aware of that or even the possibility of a slow process prior to them accepting my cash payment. Actually their contract states otherwise and that I should be able to have my funds returned if a title cannot be produced at the time of purchase. I asked him at the time of our conversation to please just help me with the fees associated with registration due to the delayed process and he made no offer to negotiate in any way. He admitted to me that I should have not had to endure this situation.  He simply left the burden of their broken process for me to bear. I felt taken advantage of and nobody seemed to care. He makes my point again at the end of his statement here by saying again that it was unfortunate that I had to wait for a slow process. So I have been dealing with this unfortunate situation. To date I fail to see where Bar none has made any attempt to lighten the load on the consumer or take responsibility for their lack of customer service in anyway.

Paragraph 21. specifically states that if a title is undeliverable either before or after the sale the Sole responsibility of the Auctioneer is to refund the monies paid and request the vehicle be returned.  In this case a title was provided.  The customer is asking for additional monies be paid to him because he did not feel the title was provided in a timely manner.  No place in our contract does it state that Bar None Auction will be responsible to pay additional monies to a buyer is a title isn't received in a timely manner.  Neither does it state a specific time that a title is required to be provided by bar None Auction to the bidder.  Remember this customer has received his vehicle and his title.  He doesn't want to have a refund of his monies paid.  he is looking for an additional amount of monies because he had to wait longer than he thought he should for his title to be provided.  It is unfortunate that this buyer is unhappy but Bar None Auction has provided everything to the bidder that is contractually obligated.

AUCTION TERMS & CONDITIONS All prospective buyers must be at least 18 years old and are required to register with Bar None Auction prior to bidding. By using the bid number, the bidder acknowledges he has received, read, and understands and agrees to be bound by the terms and conditions of...

the auction either on the bidders agreement or posted at the auction facility. The Auction will be conducted by offering the items by lot, either individually or in groups. The bidder offering the highest bid accepted by the Auctioneer shall be the purchaser of the offered lot, and no purchaser shall retract his bid. Purchaser accepts a lot when he makes a bid. All sales are final. The bidder, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever, and the company he represents, both jointly and severally agrees to indemnify and save harmless Auctioneer and its officers, directors, employees, agents, attorneys and its consignors, from any and all actions, causes of action, suits, damages, costs, and losses of any nature, including injury and death, arising from the purchase or use of any items, or the attendance or participation of bidder, his/her agents or employees, at the auction and/or on the auction site whether before, during, or after the auction. Bidder agrees to be responsible for the payment of the purchase price, Auctioneer’s fees, any applicable DMV fees, and taxes due on all of bidder’s purchases. The “Auction Terms and Conditions” shall be governed by and interpreted under the laws of the State of California, and any action hereunder against Auctioneer shall be commenced in the State of California. All items are sold “AS IS-WHERE IS” without any guarantees or warranty expressed or implied, statutory or otherwise of any nature whatsoever in respect of the lots offered at the auction. Specifically, but without limitation, Auctioneer makes no representation or warranty that any of the lots conform to any standard in respect of safety, pollution or hazardous material, or fit for any particular purpose. The Auctioneers, sellers, or any member of their staff make no guarantee as to the authenticity, of any particular age, year of manufacture, model, make, mileage, hours, condition, or defect of any lot or item being sold. Bidders are encouraged to make their own physical inspection and rely solely on that inspection before bidding. Failure to inspect does not negate that Bidders responsibility to perform under the auction terms and conditions. The Auction Catalog has been prepared as a guide, and should be used as a guide only. Although the descriptions are believed to be correct its accuracy cannot be guaranteed or warranted. The Bidder acknowledges that all auction items are available for inspection prior to the auction and it is the Bidders responsibility to have inspected the item before bidding. No sale shall be invalidated; nor shall auctioneers be liable as a result of defects or inaccuracies of any lot. Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site, at any time, shall be there at his own risk without notice of the condition of the premises and the activities thereon and bidder shall so advise his agents and employees. No person shall have any claim against Auctioneer, its officers, directors, agents, employees, principals, or attorneys for any injuries sustained, nor for damages to or loss of property, which may occur from any cause whatsoever. Any dispute arising as to any bidding shall be settled by Auctioneer at his sole discretion, and Auctioneer may put the lot in dispute up for sale again. Auctioneer reserves the right to refuse any bid, which it considers to be an insignificant advance over the preceding bid. No person shall bid on any lot of which he is the Consignor, agent, associate, or on behalf of the Consignor. The purchaser shall pay a non-refundable deposit of 25% of the purchased price of any auction lot on the date of the auction, with the balance of the purchase price paid within 3 days following the auction. All payments must be received by cashier’s check, money order, company or personal check accompanied by an irrevocable bank letter of guarantee, or wire transfer payable to Bar None Auction. Any payment other than cash may be subject to an additional 3% administrative fee. Interest on overdue amounts will be paid by purchaser at a rate of 2% per month/24% annual, or at such other maximum rate allowed by law. State and local sales tax will be assessed and collected on all purchases unless legal exemption documentation is provided at the time of sale. All items are subject to a Buyers Premium. A buyers premium is a auction fee assessed in addition to the bid price. Specific auction items may be identified in the description of a particular lot to have a specific buyers premium or possibly no buyers premium; if not identified in lot description the default buyers premium is based upon the bid price of the lot sold at the following rate: $1.00 to $1500.00 = 15% Buyers Premium, $1501.00 and Over = 10% Buyers Premium. Internet bidders are subject to an additional 2% administration fee for online services with a maximum of $750 per item. Purchaser is responsible for insuring his purchases immediately. Bar None Auction shall not be responsible for loss, damage, or theft of any purchase. Purchaser shall not be entitled to remove any item form the auction facility until all his purchases are paid for in full including all applicable goods, sales or use taxes. Removal of all items shall be the sole responsibility of the purchaser. Loading assistance is provided as a courtesy; however, purchaser assumes all risk and responsibility for loading and removal of purchases. Auctioneer reserves the right to require proof of adequate insurance coverage from any purchaser items requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnify and save harmless both, consignor and Auctioneer, its officers, directors, employees, agents, and attorneys against any damage caused by the acts of purchaser. All items must be removed from the auction facility within 7 days after the auction date. If for any reason purchaser fails to remove any purchase within the time specified, the purchase shall be deemed abandoned, and Auctioneer at its sole discretion may resell the items. Purchaser shall be liable for any rent incurred or damages suffered by Auctioneer because of purchaser’s failure to remove any item. Failure to remove items will result in a rental / storage fee of not less than $25 per item per day. A $65 document processing fee, and a $55 smog fee, (if applicable) will be charged for every DMV purchase, whether sold independently or grouped into one Lot and regardless of purchaser’s intended use of the purchase. California law does not provide for a “cooling off” or other cancellation period for vehicles. Therefore you cannot later cancel a contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired another vehicle. 19. Bar None Auction offers a 2-day cancellation option, should you wish to exercise, to purchase the right to return certain motor vehicles under $40,000 by 5 pm of the second day after the sale. This cancellation option applies only to passenger vehicles purchased for personal or household use; it does not apply to motorcycles, off-road vehicles, recreational vehicles, or vehicles sold for business or commercial use. In order to exercise this option you must inform Bar None Auction at the time of purchase on that specific auction day. The cost for purchasing this cancellation option is as follows: Purchase Price Cost of Option Restocking Fee $0 – $5,000 $75 $100 $5,000 – 10,000 $150 $200 $10,001 – 30,000 $250 $250 $30,001 – 40,000 $1% $500 The amount is non-refundable and the purchaser will also be charged a restocking fee. The vehicle must be returned in same condition and the mileage must not exceed the permitted (250) miles otherwise the option is void. Funds must be certifiable prior to the processing or release of DMV documents. Documents will be prepared to be effective only in the jurisdiction in which the auction is being conducted. If for any reason, Auctioneer is unable to make available or deliver any purchase or clear title to the same, or documentation required in respect of any purchase, whether before or after delivery, Auctioneer’s sole liability shall be the return of monies paid in respect of such purchase upon its return by purchaser. Any such purchase shall be returned or surrendered upon demand by Auctioneer. Some vehicles may be sold pursuant to vehicle code 24007.5, subsection (a) paragraph (2) and may only be available to licensed motor vehicle dealers and dismantlers. All diesel vehicles and equipment operated in California may be subject to the California Air Resources Board (ARB) regulation to reduce emissions of air pollutants. Therefore, these items could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, buyers may visit the ARB website at [redacted]. Compliance with these regulations and all cost associated with meeting ARB requirements shall be the sole responsibility of the buyer. Some items are being offered for sale to out of state or out of country bidders. Bidders are hereby notified that a VIN Stop has been filed with California DMV prohibiting the vehicle/equipment from being registered in California. Purchaser will be required to sign an ARB Out-of-State Verification Form acknowledging their intent to move the vehicle/equipment out of California, and an Out-of-State Sales Agreement indicating that the Buyer will inform future buyers that the vehicle cannot be registered and operated in California unless compliant with Section 2022.1(b). Bidders purchasing Out-of-State items must be registered as an out of State buyer with Bar None Auction prior to bidding. Bidding History on items in question 1004 2 Post Auto Lift 50606 Discount transmission [redacted]

Please see below. It is a complete listing of all the terms and conditions of the auction that each and every buyer must agree to before bidding. A bidders failure to take the time to read through all of the terms and conditions before agreeing to them and before bidding is no fault of the auction company.
Auction Terms
1.All prospective buyers must be at least 18 years old and are required to register with Bar None Auction prior to bidding. By using the bid number, the bidder acknowledges he has received, read, and understands and agrees to be bound by the terms and conditions of the auction either on the bidders agreement or posted at the auction facility or online.
2.The Auction will be conducted by offering the items by lot, either individually or in groups. The bidder offering the highest bid accepted by the Auctioneer shall be the purchaser of the offered lot, and no purchaser shall retract his bid. Purchaser accepts a lot when he makes a bid. All sales are final.
3.The bidder, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever, and the company he represents, both jointly and severally agrees to indemnify and save harmless Auctioneer and its officers, directors, employees, agents, attorneys and its consignors, from any and all actions, causes of action, suits, damages, costs, and losses of any nature, including injury and death, arising from the purchase or use of any items, or the attendance or participation of bidder, his/her agents or employees, at the auction and/or on the auction site whether before, during, or after the auction.
4.Bidder agrees to be responsible for the payment of the purchase price, Auctioneer’s fees, any applicable DMV fees, and taxes due on all of bidder’s purchases.
5.The “Auction Terms and Conditions” shall be governed by and interpreted under the laws of the State of California, and any action hereunder against Auctioneer shall be commenced in the State of California.
6.All items are sold “AS IS-WHERE IS” without any guarantees or warranty expressed or implied, statutory or otherwise of any nature whatsoever in respect of the lots offered at the auction. Specifically, but without limitation, Auctioneer makes no representation or warranty that any of the lots conform to any standard in respect of safety, pollution or hazardous material, or fit for any particular purpose. The Auctioneers, sellers, or any member of their staff make no guarantee as to the authenticity, of any particular age, year of manufacture, model, make, mileage, hours, condition, or defect of any lot or item being sold. Bidders are encouraged to make their own physical inspection and rely solely on that inspection before bidding. Failure to inspect does not negate that Bidders responsibility to perform under the auction terms and conditions.
7.The Auction Catalog has been prepared as a guide, and should be used as a guide only. Although the descriptions are believed to be correct its accuracy cannot be guaranteed or warranted. The Bidder acknowledges that all auction items are available for inspection prior to the auction and it is the Bidders responsibility to have inspected the item before bidding. No sale shall be invalidated; nor shall auctioneers be liable as a result of defects or inaccuracies of any lot.
8.Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site, at any time, shall be there at his own risk without notice of the condition of the premises and the activities thereon and bidder shall so advise his agents and employees. No person shall have any claim against Auctioneer, its officers, directors, agents, employees, principals, or attorneys for any injuries sustained, nor for damages to or loss of property, which may occur from any cause whatsoever.
9.Any dispute arising as to any bidding shall be settled by Auctioneer at his sole discretion, and Auctioneer may put the lot in dispute up for sale again. Auctioneer reserves the right to refuse any bid, which it considers to be an insignificant advance over the preceding bid. No person shall bid on any lot of which he is the Consignor, agent, associate, or on behalf of the Consignor.
10.The purchaser shall pay a non-refundable deposit of 25% of the purchased price of any auction lot on the date of the auction, with the balance of the purchase price paid within 3 days following the auction. All payments must be received by cashier’s check, money order, company or personal check accompanied by an irrevocable bank letter of guarantee, or wire transfer payable to Bar None Auction. Credit cards are accepted. Any payment other than cash may be subject to an additional 3% administrative fee.
11.Interest on overdue amounts will be paid by purchaser at a rate of 2% per month/24% annual, or at such other maximum rate allowed by law.
12.State and local sales tax will be assessed and collected on all purchases unless legal exemption documentation is provided at the time of sale.
13.A Buyers Premium will be added to the bid price of each item purchased unless otherwise noted. Specific auction items may be exempt from buyer’s premium.
$ 0.00 – $1,500= 15% Bid Fee
$1,501 – And up = 10% Bid Fee
14.Internet bidders are subject to an additional 2% administration fee for online services with a maximum of $750 per item.
15.Purchaser is responsible for insuring his purchases immediately. Bar None Auction shall not be responsible for loss, damage, or theft of any purchase. Purchaser shall not be entitled to remove any item form the auction facility until all his purchases are paid for in full including all applicable goods, sales or use taxes.
16.Removal of all items shall be the sole responsibility of the purchaser. Loading assistance is provided as a courtesy; however, purchaser assumes all risk and responsibility for loading and removal of purchases. Auctioneer reserves the right to require proof of adequate insurance coverage from any purchaser items requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnify and save harmless both, consignor and Auctioneer, its officers, directors, employees, agents, and attorneys against any damage caused by the acts of purchaser. All items must be removed from the auction facility within 7 days after the auction date. If for any reason purchaser fails to remove any purchase within the time specified, the purchase shall be deemed abandoned, and Auctioneer at its sole discretion may resell the items. Purchaser shall be liable for any rent incurred or damages suffered by Auctioneer because of purchaser’s failure to remove any item. Failure to remove items will result in a rental / storage fee of not less than $25 per item per day.
17.A $65 document processing fee, $55 smog fee, and registration fee (if applicable) will be charged for every DMV purchase, whether sold independently or grouped into one Lot and regardless of purchaser’s intended use of the purchase.
18.California law does not provide for a “cooling off” or other cancellation period for vehicles. Therefore you cannot later cancel a contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired another vehicle.
19.Bar None Auction must offer a 2-day cancellation option, should you wish to exercise, to purchase the right to return certain motor vehicles under $40,000 by 5 pm of the second day after the sale. This cancellation option applies only to vehicles purchased for personal or household use; it does not apply to motorcycles, off-road vehicles, recreational vehicles, or vehicles sold for business or commercial use. In order to exercise this option you must inform Bar None Auction at the time of purchase on that specific auction day.
The cost for purchasing this cancellation option is as follows:
Purchase Price Cost of Option Restocking Fee
$0 – $5,000 $75 $100
$5,000 – 10,000 $150 $200
$10,001 – 30,000 $250 $250
$30,001 – 40,000 $1% $500
The amount is non-refundable and the purchaser will also be charged a restocking fee. The vehicle must be returned in same condition and the mileage must not exceed the (250) permitted miles otherwise the option is void.
20.Funds must be certifiable prior to the processing or release of DMV documents. Documents will be prepared to be effective only in the jurisdiction in which the auction is being conducted.
21.If for any reason, Auctioneer is unable to make available or deliver any purchase or clear title to the same, or documentation required in respect of any purchase, whether before or after delivery, Auctioneer’s sole liability shall be the return of monies paid in respect of such purchase upon its return by purchaser. Any such purchase shall be returned or surrendered upon demand by Auctioneer.
22.Some vehicles may be sold pursuant to vehicle code 24007.5, subsection (a) paragraph (2) and may only be available to licensed motor vehicle dealers and dismantlers.
23.Diesel vehicles (over 14,400 GVW) or off-road diesel equipment / vehicles when operated in California may be subject to the State of California Air Resource Board (CARB) in-use off-road diesel vehicle regulation or accelerated turnover requirements to reduce emissions or air pollutants and may not be operated or registered in the State of California without being retro-fitted. This vehicle/equipment may or may not be identified by Bar None Auction. It is the buyer’s sole responsibility to determine if diesel engines or equipment with diesel engines can be permitted or registered in the State of California. For more information contact the (CARB) www.arb.ca.gov/msprog/ordiesel/ordiesel.html. www.arb.ca.gov/msprog/ordiesel/ordiesel.html.
24.Bidders purchasing Out-of-State items must be registered as an out of State buyer with Bar None Auction prior to bidding. Bidders are hereby notified that a VIN Stop has been filed with California DMV prohibiting the vehicle/equipment from being registered in California. Purchaser will be required to sign an ARB Out-of-State Verification Form acknowledging their intent to move the vehicle/equipment out of California, and an Out-of-State Sales Agreement indicating that the Buyer will inform future buyers that the vehicle cannot be registered and operated in California unless compliant with Section 2022.1(b).
BAR NONE AUCTION
All Rights Reserved. 2012

I am rejecting this response because:
There is no visual or noted buyers premium on top middle or bottom of the web page, but as she wrote tiered (We have a tiered buyers premium of which is noted at the top of the webpage ), meaning that we are legally protected, we tiered that 15% charge some where.  Below is a copy and past from web page, if you scroll down all the way inside that small box you will see that 15% charge, and as you can see it doesn't says additional Internet Premium 2% for internet bidders, which will tell there is other charges than 2%.
Internet Premium : 2%
Sales Tax : 7.75% - Sales tax applied to invoice total, including Internet Premium.
Participation Requirements: Valid Credit Card required for bidding approval
Payment Options: Visa, MasterCard, Discover, American Express, Money Order, and Wire Transfer

This customer called in December informing me the very first time that they were unhappy about not receiving a title.  I told him I would be happy to look into the reason why a title was not received and get back with him within the hour.  The customer proceeded to inform me that he had...

received the title and was simply unhappy that he didn't receive it in a timely manner.  I apologized to him and explained that at times these situations are a bit our of our control because the Auction is simply the middle man between the buyers and the sellers.  The customer wanted me to provide him with a financial re-imbursement for him having to wait.   As a California motor vehicle dealer Bar None Auction provides all of our customers the option to use our service to transfer title at our sales counter and receive a registration card at time of purchase.  The title will simply be processed by DMV and the customer can operate the vehicle until the new title arrives in the mail from DMV - Meantime the vehicle is legal to operate with the temp license. This customer had this option so his statement that the vehicle was not legal to operate while he waited for the title is unfounded.I believe this customer simply has buyers remorse and is looking for an opportunity to leverage a slow process to a financial gain for himself.  The customer purchased a 2002 Chrysler town and country mini van for $1,100.  What a great buy on his part.  The time he waited for a tile was very reasonable when you consider the Thanksgiving holiday was November 27- Dec 1st where the business was closed.  It is unfortunate that the customer didn't receive a title on this vehicle a little quicker and our staff obviously managed the problem to ultimately obtain the title for the buyer.

Review: I recently purchased a track steer skid steer from BarNoneAuction. The listing clearly stated that it was a 'high flow' unit. I had the unit shipped to NV to find out it is not a "high flow" and will cost several thousand dollars to convert to high flow. Add to this the fact that calls and emails to BarNoneAuction go unreturned. I have been attempting to reach them for 3 days and have not had a return phone call or email. I would advise any bidder to stay away. Do not trust the descriptions of the equipment and certainly don't depend on BarNoneAuctions to return calls or emails or stand behind their listing descriptions and items. I got soaked here.Desired Settlement: I request a refund of my auction fees, internet convenience fee, and a credit for auction and internet fees on the future purchase from BarNoneAuction of an actual high flow unit at a future auction.

Business

Response:

Bar None Auction has very clear Terms and Conditions that must be agreed to before any one person is allowed to bid at the auction via live or over the internet. These Terms and Conditions are the same for all. In the Terms and Conditions it states in line item 7. The Auction Catalog has been prepared as a guide, and should be used as a guide only. Although the descriptions are believed to be correct its accuracy cannot be guaranteed or warranted. The Bidder acknowledges that all auction items are available for inspection prior to the auction and it is the Bidders responsibility to have inspected the item before bidding. No sale shall be invalidated; nor shall auctioneers be liable as a result of defects or inaccuracies of any lot.

As of today, I have not received any calls from the customer/bidder. If they would like to reach out to myself they can reach me at ###-###-#### or via email at [redacted]@barnoneauction.com.

Thank you

Consumer

Response:

I am rejecting this response because: If the business is going to charge a fee for internet bidding it should expect to provide accurate information for remote buyers to base their buying decisions. I was specifically charged an internet fee. I am not asking for a refund of the item price paid, rather the fees charged by the company for an item incorrectly described and sold on the internet. I don't know who [redacted] is. I have emailed / left several messages for Vince and Araceli. I believe the CFPB may be interested in the internet fee and the response I am receiving from [redacted]. I will see what they have to say about BarNoneAuctions business practices. I have already posted several reviews since it appears that the company will do nothing to honor their description of products. Further, since this involved interstate commerce I will check with the proper authorities on that.

Business

Response:

The charge for the Internet fee is a pass through fee. This is a service that is paid for by the auction company to ProxiBid. The amounts charged to the buyer are an exact match to what is paid to ProxiBid.

These fees can not be credited or refunded in any way

Review: For internet bidders Bar None Action in Sacramento CA, hide the additional 15% charges in a special terms of an item description and just show 2% premium and 7.75% state tax on top . When I spoke with site general manager [redacted] and told her I feel like I have been tricked, and ask her why you are not putting all charges on the top of the ad making clear visual, but hiding large 15% charge in special terms, where I have to scroll all the way down to see it, she said, that they run their business their way.Desired Settlement: I paid to Bar None Auction total $1901.63 and they should refund 15% of it.

Business

Response:

Bar None Auction lists all of the fees that are charged in addition to the winning bid price in the terms and conditions of each auction. Each auction has its own set of these terms and conditions. We have a tiered buyers premium of which is noted at the top of the webpage for each of our auctions. Then the auctions "special terms and conditions" are listed beneath the title, location and time of auction. These are in a scrolling box. The specific line that the terms and conditions cover regarding the tiered buyers premium is line item 13. There should be no misunderstanding as to what the charges are for buyers premium.

I explained this to the customer. I also explained that we can not change the way that the platform is and how it is request us to input the details. I further explained that the terms and conditions have to be agreed to before any bidding can be done. I apologized that he did not have a pleasant experience and asked if there was anything further that I could help him with. The customer just wanted to continue to state how we should be operating our business. I again explained that there would not be any changes as we had to work with what we are given. Asked if there was anything further and closed the conversation with wishing him a good day.

There is nothing that can be done in regards to his complaint. The customer did not read through all of the terms and conditions of the auction before bidding.

Consumer

Response:

I am rejecting this response because:

There is no visual or noted buyers premium on top middle or bottom of the web page, but as she wrote tiered (We have a tiered buyers premium of which is noted at the top of the webpage ), meaning that we are legally protected, we tiered that 15% charge some where. Below is a copy and past from web page, if you scroll down all the way inside that small box you will see that 15% charge, and as you can see it doesn't says additional Internet Premium 2% for internet bidders, which will tell there is other charges than 2%.

Internet Premium : 2%

Sales Tax : 7.75% - Sales tax applied to invoice total, including Internet Premium.

Participation Requirements: Valid Credit Card required for bidding approval

Payment Options: Visa, MasterCard, Discover, American Express, Money Order, and Wire Transfer

Business

Response:

Please see below. It is a complete listing of all the terms and conditions of the auction that each and every buyer must agree to before bidding. A bidders failure to take the time to read through all of the terms and conditions before agreeing to them and before bidding is no fault of the auction company.

Auction Terms

1.All prospective buyers must be at least 18 years old and are required to register with Bar None Auction prior to bidding. By using the bid number, the bidder acknowledges he has received, read, and understands and agrees to be bound by the terms and conditions of the auction either on the bidders agreement or posted at the auction facility or online.

2.The Auction will be conducted by offering the items by lot, either individually or in groups. The bidder offering the highest bid accepted by the Auctioneer shall be the purchaser of the offered lot, and no purchaser shall retract his bid. Purchaser accepts a lot when he makes a bid. All sales are final.

3.The bidder, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever, and the company he represents, both jointly and severally agrees to indemnify and save harmless Auctioneer and its officers, directors, employees, agents, attorneys and its consignors, from any and all actions, causes of action, suits, damages, costs, and losses of any nature, including injury and death, arising from the purchase or use of any items, or the attendance or participation of bidder, his/her agents or employees, at the auction and/or on the auction site whether before, during, or after the auction.

4.Bidder agrees to be responsible for the payment of the purchase price, Auctioneer’s fees, any applicable DMV fees, and taxes due on all of bidder’s purchases.

5.The “Auction Terms and Conditions” shall be governed by and interpreted under the laws of the State of California, and any action hereunder against Auctioneer shall be commenced in the State of California.

6.All items are sold “AS IS-WHERE IS” without any guarantees or warranty expressed or implied, statutory or otherwise of any nature whatsoever in respect of the lots offered at the auction. Specifically, but without limitation, Auctioneer makes no representation or warranty that any of the lots conform to any standard in respect of safety, pollution or hazardous material, or fit for any particular purpose. The Auctioneers, sellers, or any member of their staff make no guarantee as to the authenticity, of any particular age, year of manufacture, model, make, mileage, hours, condition, or defect of any lot or item being sold. Bidders are encouraged to make their own physical inspection and rely solely on that inspection before bidding. Failure to inspect does not negate that Bidders responsibility to perform under the auction terms and conditions.

7.The Auction Catalog has been prepared as a guide, and should be used as a guide only. Although the descriptions are believed to be correct its accuracy cannot be guaranteed or warranted. The Bidder acknowledges that all auction items are available for inspection prior to the auction and it is the Bidders responsibility to have inspected the item before bidding. No sale shall be invalidated; nor shall auctioneers be liable as a result of defects or inaccuracies of any lot.

8.Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site, at any time, shall be there at his own risk without notice of the condition of the premises and the activities thereon and bidder shall so advise his agents and employees. No person shall have any claim against Auctioneer, its officers, directors, agents, employees, principals, or attorneys for any injuries sustained, nor for damages to or loss of property, which may occur from any cause whatsoever.

9.Any dispute arising as to any bidding shall be settled by Auctioneer at his sole discretion, and Auctioneer may put the lot in dispute up for sale again. Auctioneer reserves the right to refuse any bid, which it considers to be an insignificant advance over the preceding bid. No person shall bid on any lot of which he is the Consignor, agent, associate, or on behalf of the Consignor.

10.The purchaser shall pay a non-refundable deposit of 25% of the purchased price of any auction lot on the date of the auction, with the balance of the purchase price paid within 3 days following the auction. All payments must be received by cashier’s check, money order, company or personal check accompanied by an irrevocable bank letter of guarantee, or wire transfer payable to Bar None Auction. Credit cards are accepted. Any payment other than cash may be subject to an additional 3% administrative fee.

11.Interest on overdue amounts will be paid by purchaser at a rate of 2% per month/24% annual, or at such other maximum rate allowed by law.

12.State and local sales tax will be assessed and collected on all purchases unless legal exemption documentation is provided at the time of sale.

13.A Buyers Premium will be added to the bid price of each item purchased unless otherwise noted. Specific auction items may be exempt from buyer’s premium.

$ 0.00 – $1,500= 15% Bid Fee

$1,501 – And up = 10% Bid Fee

14.Internet bidders are subject to an additional 2% administration fee for online services with a maximum of $750 per item.

15.Purchaser is responsible for insuring his purchases immediately. Bar None Auction shall not be responsible for loss, damage, or theft of any purchase. Purchaser shall not be entitled to remove any item form the auction facility until all his purchases are paid for in full including all applicable goods, sales or use taxes.

16.Removal of all items shall be the sole responsibility of the purchaser. Loading assistance is provided as a courtesy; however, purchaser assumes all risk and responsibility for loading and removal of purchases. Auctioneer reserves the right to require proof of adequate insurance coverage from any purchaser items requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnify and save harmless both, consignor and Auctioneer, its officers, directors, employees, agents, and attorneys against any damage caused by the acts of purchaser. All items must be removed from the auction facility within 7 days after the auction date. If for any reason purchaser fails to remove any purchase within the time specified, the purchase shall be deemed abandoned, and Auctioneer at its sole discretion may resell the items. Purchaser shall be liable for any rent incurred or damages suffered by Auctioneer because of purchaser’s failure to remove any item. Failure to remove items will result in a rental / storage fee of not less than $25 per item per day.

17.A $65 document processing fee, $55 smog fee, and registration fee (if applicable) will be charged for every DMV purchase, whether sold independently or grouped into one Lot and regardless of purchaser’s intended use of the purchase.

18.California law does not provide for a “cooling off” or other cancellation period for vehicles. Therefore you cannot later cancel a contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired another vehicle.

19.Bar None Auction must offer a 2-day cancellation option, should you wish to exercise, to purchase the right to return certain motor vehicles under $40,000 by 5 pm of the second day after the sale. This cancellation option applies only to vehicles purchased for personal or household use; it does not apply to motorcycles, off-road vehicles, recreational vehicles, or vehicles sold for business or commercial use. In order to exercise this option you must inform Bar None Auction at the time of purchase on that specific auction day.

The cost for purchasing this cancellation option is as follows:

Purchase Price Cost of Option Restocking Fee

$0 – $5,000 $75 $100

$5,000 – 10,000 $150 $200

$10,001 – 30,000 $250 $250

$30,001 – 40,000 $1% $500

The amount is non-refundable and the purchaser will also be charged a restocking fee. The vehicle must be returned in same condition and the mileage must not exceed the (250) permitted miles otherwise the option is void.

20.Funds must be certifiable prior to the processing or release of DMV documents. Documents will be prepared to be effective only in the jurisdiction in which the auction is being conducted.

21.If for any reason, Auctioneer is unable to make available or deliver any purchase or clear title to the same, or documentation required in respect of any purchase, whether before or after delivery, Auctioneer’s sole liability shall be the return of monies paid in respect of such purchase upon its return by purchaser. Any such purchase shall be returned or surrendered upon demand by Auctioneer.

22.Some vehicles may be sold pursuant to vehicle code 24007.5, subsection (a) paragraph (2) and may only be available to licensed motor vehicle dealers and dismantlers.

23.Diesel vehicles (over 14,400 GVW) or off-road diesel equipment / vehicles when operated in California may be subject to the State of California Air Resource Board (CARB) in-use off-road diesel vehicle regulation or accelerated turnover requirements to reduce emissions or air pollutants and may not be operated or registered in the State of California without being retro-fitted. This vehicle/equipment may or may not be identified by Bar None Auction. It is the buyer’s sole responsibility to determine if diesel engines or equipment with diesel engines can be permitted or registered in the State of California. For more information contact the (CARB) www.arb.ca.gov/msprog/ordiesel/ordiesel.html. www.arb.ca.gov/msprog/ordiesel/ordiesel.html.

24.Bidders purchasing Out-of-State items must be registered as an out of State buyer with Bar None Auction prior to bidding. Bidders are hereby notified that a VIN Stop has been filed with California DMV prohibiting the vehicle/equipment from being registered in California. Purchaser will be required to sign an ARB Out-of-State Verification Form acknowledging their intent to move the vehicle/equipment out of California, and an Out-of-State Sales Agreement indicating that the Buyer will inform future buyers that the vehicle cannot be registered and operated in California unless compliant with Section 2022.1(b).

BAR NONE AUCTION

All Rights Reserved. 2012

Consumer

Response:

I am rejecting this response because:

I am not complaining about Bar None Auction charges, they can charge as much they want, I am complaining, because they hide, as she wrote tiered large 15% buyers premium, and make clear visual only 2% internet premium, why they are not doing the opposite, make visual 15% buyers premium and tiered 2% internet premium, because of that technical trick I paid 15% more and they benefit from it, if they honestly display all charges (buyers premium 15%, internet premium 2%, state tax 7.75%), I will adjust my maximum bid according to all charges.

Bar None Auction using Proxibid (internet bidding platform provider), below is copy and past from Proxibid web page for items I won from Bar None Auction. As you can see Proxibid platform calculate the total price based on 2% internet premium and 7.75 sales tax. When I call Proxibid to tell them that Bar None charge me 15% more on top of their invoice, they were surprised, they didn't have any knowledge of that 15% technically hidden charge. Kelly general manager was right, that is their business and they run that business their way, meaning that using technical tricks to misled or trick customers and same time be legally protected.

Lot Number:373

Sale price: $750.00

Internet Premium: 2%

Sales Tax: 7.75%

Total price: $823.12

Seller: Bar None Auction

Event: Commercial Truck & Heavy Equipment Auction RING 2

Sale Date: 9/13/2014

Lot Number:374

Sale price: $750.00

Internet Premium: 2%

Sales Tax: 7.75%

Total price: $823.12

Seller: Bar None Auction

Event: Commercial Truck & Heavy Equipment Auction RING 2

Sale Date: 9/13/2014

Review: I bought a 2002 [redacted] from this auction.5 days later car started to run bad.parked it for the weekend.on tuesday took car to red d transmission shop for diagnostic test.[redacted] the owner called me on thursday told me battery was no good alt.did not work properly so codes were erased. Said car was unsafe to test drive. attempted to drive car home car stopped has not run since.Dmv told me car had not been smogged since 09/07/2012.have dmv printout.contacted auction house they told us they had smog certificate from Aug. 2013.consumer affairs told us who smogged the car we contacted the business they told us they did not work on vehicle.Bar none refuses to take care of this matter other than said they would send me copy of smog cert.Desired Settlement: I believe bar none illigally submitted false smog cert.If car was not smogged legally then they are responsible to bring vehicle up to condition to be smogged

Business

Response:

Bar None Auction offered and it was declined the 2 day cancellation option at the time of purchase. The items are sold as is where is with no warranty or guarantee expressed or implied. Each and every buyer is allowed to inspect the items to the fullest extent excluding driving them. They are allowed to bring in a mechanic to inspect the items as well. Bar None Auction is a consignment auction. None of the items that are sold at the auction are owned by Bar None Auction. The smog certificate on this vehicle was done in August of 2013. The vehicle was in dealer inventory from that time to the time that it was sold through Bar None Auction. The smog certificate was mailed out to the buyer as requested. All documents to transfer ownership on the vehicle have been submitted to the dealer services center at DMV as well. The terms and conditions for each and every auction are attached. These have to be signed and agreed to before any bidder is provided a bidder number.

Review: I purchased a vehicle in cash on 11-15-2014 . They could not deliver the title that day. They asked me to return the next day. I did and they still could not provide it. I returned again the next day(11-17-14*) and still they could not provide the title. They gave me a series of excuses and could not tell me when I would get it. They said it must of been sent somewhere else by mistake. I asked for them to call me when it was in. I waited 3 days and no call was received. (11-21-14*)At this point I asked for my money to be returned. It had been a full week. They sold me a vehicle that I had no way to register or even use legally. They were not proactive in resolving the issue nor did they hold to their commitment. They hold very high expectations of their customers but do not hold themselves equally accountable. Example if I do not pay in full for the vehicle within 7 days I will pay a $25 fee per day there after. The contract I signed reads that the auctioneer will return monies paid if the title cannot be delivered upon purchase. I have not used the vehicle or registered it. It has the same mileage of when it was bought minus the drive home. I am only now realizing that they took advantage of me and I do have recourse action. For the record I contacted Operations Manager [redacted] with this request the 2nd week when nobody would listen to me at the location where I purchased. He insisted there was nothing that could be done and that I would simply have to wait. Let me also say I spent money on this vehicle in the effort to improve it but now am so disturbed by the way I was treated that I simply want no part of Bar none or this vehicle. I am only an individual not a corporation. The weight of buying this vehicle but not being able to use it impacted my family deeply. We found ourselves stuck with a vehicle that had no purpose and worse yet our financial situation was impacted in a negative way that we are still feeling the ramifications from today.Desired Settlement: I would like either a $25 fee reimbursement from the day I purchased to the day title was finally produced(12-09-14*)a total of 24 days after purchase OR simply take the vehicle back and return the money I paid plus fees. I will follow this with legal action if not resolved through this course of action. Thank You.

Business

Response:

This customer called in December informing me the very first time that they were unhappy about not receiving a title. I told him I would be happy to look into the reason why a title was not received and get back with him within the hour. The customer proceeded to inform me that he had received the title and was simply unhappy that he didn't receive it in a timely manner. I apologized to him and explained that at times these situations are a bit our of our control because the Auction is simply the middle man between the buyers and the sellers. The customer wanted me to provide him with a financial re-imbursement for him having to wait. As a California motor vehicle dealer Bar None Auction provides all of our customers the option to use our service to transfer title at our sales counter and receive a registration card at time of purchase. The title will simply be processed by DMV and the customer can operate the vehicle until the new title arrives in the mail from DMV - Meantime the vehicle is legal to operate with the temp license. This customer had this option so his statement that the vehicle was not legal to operate while he waited for the title is unfounded.I believe this customer simply has buyers remorse and is looking for an opportunity to leverage a slow process to a financial gain for himself. The customer purchased a 2002 Chrysler town and country mini van for $1,100. What a great buy on his part. The time he waited for a tile was very reasonable when you consider the Thanksgiving holiday was November 27- Dec 1st where the business was closed. It is unfortunate that the customer didn't receive a title on this vehicle a little quicker and our staff obviously managed the problem to ultimately obtain the title for the buyer.

Consumer

Response:

I am rejecting this response because: The statement Mr. [redacted] has made is untrue. First I addressed the issue multiple times within the office I purchased at (Jurupa Valley CA.) Since I was not getting any remedy to the situation locally I sought out Mr. [redacted] in order to escalate the matter. I was not given his contact info by a Bar none representative so I researched and found his contact info myself. I left him a voicemail on a cell # in which was never returned. Next I tried calling his landline through calling a corporate office so he could not dodge the call as easily. Finally I got him on the line. For Mr.[redacted] to state he heard about the matter for the first time in December further proves my point that they were not trying to urgently fix this problem or escalate internally since they could not satisfy the agreement. I explained to him that I was upset that I was forced to take these matters into my own hands to go above his staff who managed the auction. Furthermore to say I had the option to have the vehicle registered through them is exactly that. AN "Option" which I chose to register the vehicle myself in order to not pay Bar none additional fees to have them register for me. If they remove my right to decide then there is no option for me. He is saying that I should have paid them to do so rather than giving me that service for free since they disabled my option to do so myself. So unless I agree to pay more money I do not have a way to legally use the vehicle in which I paid cash for with the understanding I would leave with a title to said vehicle the day of purchase. Then Mr. [redacted] states that I have buyers remorse followed by the fact I only paid $1100. Truth be told I paid a total of $1486.20 once their buyer's premium, Admin fees and taxes were added. (See attachment*)His statement also contradicts itself by stating "What a great buy on his part". How can I make a great buy yet have buyers remorse? Additionaly if he feels that it was such a great buy why would there be any hesitation for him to return my funds and accept the vehicle back? If the process is expected to be slow then as a consumer I should be made aware of that or even the possibility of a slow process prior to them accepting my cash payment. Actually their contract states otherwise and that I should be able to have my funds returned if a title cannot be produced at the time of purchase. I asked him at the time of our conversation to please just help me with the fees associated with registration due to the delayed process and he made no offer to negotiate in any way. He admitted to me that I should have not had to endure this situation. He simply left the burden of their broken process for me to bear. I felt taken advantage of and nobody seemed to care. He makes my point again at the end of his statement here by saying again that it was unfortunate that I had to wait for a slow process. So I have been dealing with this unfortunate situation. To date I fail to see where Bar none has made any attempt to lighten the load on the consumer or take responsibility for their lack of customer service in anyway.

Consumer

Response:

Hello, Please see attached contract from Bar None auction. More specifically see line #21 where it clearly states that a clear title should be delivered to buyer at the time of purchase. It goes on to state that the Auctioneers responsibility is to return monies paid to buyer in respect to purchase of vehicle if they cannot provide said title.*Regards

Business

Response:

Paragraph 21. specifically states that if a title is undeliverable either before or after the sale the Sole responsibility of the Auctioneer is to refund the monies paid and request the vehicle be returned. In this case a title was provided. The customer is asking for additional monies be paid to him because he did not feel the title was provided in a timely manner. No place in our contract does it state that Bar None Auction will be responsible to pay additional monies to a buyer is a title isn't received in a timely manner. Neither does it state a specific time that a title is required to be provided by bar None Auction to the bidder. Remember this customer has received his vehicle and his title. He doesn't want to have a refund of his monies paid. he is looking for an additional amount of monies because he had to wait longer than he thought he should for his title to be provided. It is unfortunate that this buyer is unhappy but Bar None Auction has provided everything to the bidder that is contractually obligated.

Review: I signed up to have a car sold at auction here in sacramento. The staff was great with all the paperwork and getting the car ready for auction. When sigining the paperwork, it specifically states "Bar None will pay seller less any commission or fees due within 20 days following the auction, but not prior to 10 days following the auction in case the buyer's funds cannot be certified or are not collectable". I sold my car at auction on 3/8/14; 20 days from that date was 3/29. I called on 4/9, just over a month after it sold and was told by the corporate accounting lady that the checks had just been issued on 4/4 and were on the signers desk to be signed and they would be sent out next week. It is 4/21 and I still have not seen my money for the car. I have called the accounting person and have not received any call back thus far.Desired Settlement: I would like to receive the full amount paid for the car. Bar None takes 10% off of the selling price to sell it at auction for you. I feel that this is false advertising and poor customer service.

Business

Response:

A Bar None Representative reached out the [redacted] this morning regarding the status of her payment. Her payment is being made ready for her to pickup at the auction site. I believe this issue has been resolved as diligently as possible.

Review: I was overcharged by proxibid even after auction had closed aditional bidding had continued.I have paperwork. Showing the times of the aditional bids were made.Desired Settlement: Refund the aditional charges .

Business

Response:

AUCTION TERMS & CONDITIONS All prospective buyers must be at least 18 years old and are required to register with Bar None Auction prior to bidding. By using the bid number, the bidder acknowledges he has received, read, and understands and agrees to be bound by the terms and conditions of the auction either on the bidders agreement or posted at the auction facility. The Auction will be conducted by offering the items by lot, either individually or in groups. The bidder offering the highest bid accepted by the Auctioneer shall be the purchaser of the offered lot, and no purchaser shall retract his bid. Purchaser accepts a lot when he makes a bid. All sales are final. The bidder, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever, and the company he represents, both jointly and severally agrees to indemnify and save harmless Auctioneer and its officers, directors, employees, agents, attorneys and its consignors, from any and all actions, causes of action, suits, damages, costs, and losses of any nature, including injury and death, arising from the purchase or use of any items, or the attendance or participation of bidder, his/her agents or employees, at the auction and/or on the auction site whether before, during, or after the auction. Bidder agrees to be responsible for the payment of the purchase price, Auctioneer’s fees, any applicable DMV fees, and taxes due on all of bidder’s purchases. The “Auction Terms and Conditions” shall be governed by and interpreted under the laws of the State of California, and any action hereunder against Auctioneer shall be commenced in the State of California. All items are sold “AS IS-WHERE IS” without any guarantees or warranty expressed or implied, statutory or otherwise of any nature whatsoever in respect of the lots offered at the auction. Specifically, but without limitation, Auctioneer makes no representation or warranty that any of the lots conform to any standard in respect of safety, pollution or hazardous material, or fit for any particular purpose. The Auctioneers, sellers, or any member of their staff make no guarantee as to the authenticity, of any particular age, year of manufacture, model, make, mileage, hours, condition, or defect of any lot or item being sold. Bidders are encouraged to make their own physical inspection and rely solely on that inspection before bidding. Failure to inspect does not negate that Bidders responsibility to perform under the auction terms and conditions. The Auction Catalog has been prepared as a guide, and should be used as a guide only. Although the descriptions are believed to be correct its accuracy cannot be guaranteed or warranted. The Bidder acknowledges that all auction items are available for inspection prior to the auction and it is the Bidders responsibility to have inspected the item before bidding. No sale shall be invalidated; nor shall auctioneers be liable as a result of defects or inaccuracies of any lot. Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances are present, heavy equipment is being operated and electric circuits may be live. Every person at the auction site, at any time, shall be there at his own risk without notice of the condition of the premises and the activities thereon and bidder shall so advise his agents and employees. No person shall have any claim against Auctioneer, its officers, directors, agents, employees, principals, or attorneys for any injuries sustained, nor for damages to or loss of property, which may occur from any cause whatsoever. Any dispute arising as to any bidding shall be settled by Auctioneer at his sole discretion, and Auctioneer may put the lot in dispute up for sale again. Auctioneer reserves the right to refuse any bid, which it considers to be an insignificant advance over the preceding bid. No person shall bid on any lot of which he is the Consignor, agent, associate, or on behalf of the Consignor. The purchaser shall pay a non-refundable deposit of 25% of the purchased price of any auction lot on the date of the auction, with the balance of the purchase price paid within 3 days following the auction. All payments must be received by cashier’s check, money order, company or personal check accompanied by an irrevocable bank letter of guarantee, or wire transfer payable to Bar None Auction. Any payment other than cash may be subject to an additional 3% administrative fee. Interest on overdue amounts will be paid by purchaser at a rate of 2% per month/24% annual, or at such other maximum rate allowed by law. State and local sales tax will be assessed and collected on all purchases unless legal exemption documentation is provided at the time of sale. All items are subject to a Buyers Premium. A buyers premium is a auction fee assessed in addition to the bid price. Specific auction items may be identified in the description of a particular lot to have a specific buyers premium or possibly no buyers premium; if not identified in lot description the default buyers premium is based upon the bid price of the lot sold at the following rate: $1.00 to $1500.00 = 15% Buyers Premium, $1501.00 and Over = 10% Buyers Premium. Internet bidders are subject to an additional 2% administration fee for online services with a maximum of $750 per item. Purchaser is responsible for insuring his purchases immediately. Bar None Auction shall not be responsible for loss, damage, or theft of any purchase. Purchaser shall not be entitled to remove any item form the auction facility until all his purchases are paid for in full including all applicable goods, sales or use taxes. Removal of all items shall be the sole responsibility of the purchaser. Loading assistance is provided as a courtesy; however, purchaser assumes all risk and responsibility for loading and removal of purchases. Auctioneer reserves the right to require proof of adequate insurance coverage from any purchaser items requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnify and save harmless both, consignor and Auctioneer, its officers, directors, employees, agents, and attorneys against any damage caused by the acts of purchaser. All items must be removed from the auction facility within 7 days after the auction date. If for any reason purchaser fails to remove any purchase within the time specified, the purchase shall be deemed abandoned, and Auctioneer at its sole discretion may resell the items. Purchaser shall be liable for any rent incurred or damages suffered by Auctioneer because of purchaser’s failure to remove any item. Failure to remove items will result in a rental / storage fee of not less than $25 per item per day. A $65 document processing fee, and a $55 smog fee, (if applicable) will be charged for every DMV purchase, whether sold independently or grouped into one Lot and regardless of purchaser’s intended use of the purchase. California law does not provide for a “cooling off” or other cancellation period for vehicles. Therefore you cannot later cancel a contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired another vehicle. 19. Bar None Auction offers a 2-day cancellation option, should you wish to exercise, to purchase the right to return certain motor vehicles under $40,000 by 5 pm of the second day after the sale. This cancellation option applies only to passenger vehicles purchased for personal or household use; it does not apply to motorcycles, off-road vehicles, recreational vehicles, or vehicles sold for business or commercial use. In order to exercise this option you must inform Bar None Auction at the time of purchase on that specific auction day. The cost for purchasing this cancellation option is as follows: Purchase Price Cost of Option Restocking Fee $0 – $5,000 $75 $100 $5,000 – 10,000 $150 $200 $10,001 – 30,000 $250 $250 $30,001 – 40,000 $1% $500 The amount is non-refundable and the purchaser will also be charged a restocking fee. The vehicle must be returned in same condition and the mileage must not exceed the permitted (250) miles otherwise the option is void. Funds must be certifiable prior to the processing or release of DMV documents. Documents will be prepared to be effective only in the jurisdiction in which the auction is being conducted. If for any reason, Auctioneer is unable to make available or deliver any purchase or clear title to the same, or documentation required in respect of any purchase, whether before or after delivery, Auctioneer’s sole liability shall be the return of monies paid in respect of such purchase upon its return by purchaser. Any such purchase shall be returned or surrendered upon demand by Auctioneer. Some vehicles may be sold pursuant to vehicle code 24007.5, subsection (a) paragraph (2) and may only be available to licensed motor vehicle dealers and dismantlers. All diesel vehicles and equipment operated in California may be subject to the California Air Resources Board (ARB) regulation to reduce emissions of air pollutants. Therefore, these items could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, buyers may visit the ARB website at [redacted]. Compliance with these regulations and all cost associated with meeting ARB requirements shall be the sole responsibility of the buyer. Some items are being offered for sale to out of state or out of country bidders. Bidders are hereby notified that a VIN Stop has been filed with California DMV prohibiting the vehicle/equipment from being registered in California. Purchaser will be required to sign an ARB Out-of-State Verification Form acknowledging their intent to move the vehicle/equipment out of California, and an Out-of-State Sales Agreement indicating that the Buyer will inform future buyers that the vehicle cannot be registered and operated in California unless compliant with Section 2022.1(b). Bidders purchasing Out-of-State items must be registered as an out of State buyer with Bar None Auction prior to bidding. Bidding History on items in question 1004 2 Post Auto Lift 50606 Discount transmission [redacted]

Business

Response:

The customer had it explained to him numerous times that the auction applet is set on eastern standard time. This is where the software provider and bidding application operations are located.

Consumer

Response:

I am rejecting this response because: the bid times do not reflect the actual time bidding had stopped

Consumer

Response:

I am rejecting this response because:your website clearly states when auction begins and ends pst take a look at ur auction catalog.this was a live auction can u tell me when the bidding on this paticular item ended.