Terms and Conditions
As a TOWizard.com Member/Buyer`, you agree to be bound by the following Terms and Conditions.
At any time without prior notice to you, TOWizard reserves the right to amend Member Terms and Conditions.
All Members/Buyer are required to create a profile containing the following information, user name and password. First and last name, mailing address, phone number and verifiable email address.
Members/Buyer may log onto TOWizard's website at www.TOWizard.com during the auction cycle to place their bid. If you are out-bid on any vehicle or item, you may request to be notified via email by checking the box on your "Edit My Account" page.
During the bidding period, Bidders may preview vehicles / items at TOWizard's Oceanside Facility at 1040 W. Airport Rd. Oceanside, CA 92058.
Note: Sellers may bid on their own vehicles where permitted by state law.
DISCLAIMERS A. Vehicle Condition and History Disclaimer.
ALL VEHICLES ARE SOLD "AS-IS WHERE-IS"
All vehicles sold through TOWizard 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.
Vehicle and Item information provided by TOWizard is for convenience only. It is member's responsibility to verify the accuracy or completeness of any and all information provided regarding vehicles and or items in any and all auctions.
Vehicle Information includes but is not limited to: year, make, model, condition, drivability, mileage, damage amount, damage type, accessories, odometer disclosures, vehicle identification, title, repair cost, repair history, title history, and total loss history.
TOWizard expressly disclaim any and all representations, warranties, and guarantees regarding vehicles sold through TOWizard.
TOWizard does not guarantee that keys are available for any vehicle sold through TOWizard prior to the time of purchase.
Members/Buyer further understands that the vehicle/item is purchased AS IS and that TOWizard Inc. has no knowledge of the mechanical condition of the vehicle/item and that the vehicle/item is being sold without any Guarantees, express or implied, and that the vehicle/item may not comply with current state or federal smog, and or other requirements. And that TOWizard Inc. has no knowledge of vehicles/items registration status and or any fee's or penalties due to the Department of Motor Vehicles and that it is the buyers responsibility to ascertain registration information from the Department of Motor Vehicles prior to bidding on any vehicle or item.
Member/Buyer 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 TOWizard. TOWizard does not guarantee that any vehicle sold can be legally registered in any state or country. In accordance with section 5900 of the California vehicle code the seller will notify the department of motor vehicles within five (5) days of this transfer / sale giving the date, vehicle description, odometer reading, and the buyers name and address.
Members/Buyer is solely responsible to ascertain, confirm research, inspect, and/or investigate vehicles / Items and any and all Vehicle / Item Information prior to bidding on vehicles.
TOWizard does not guarantee that all parts and/or safety related are present and accounted for.
Members/Buyer agree that TOWizard vehicles/Items 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/Items may not be fit for use as a means of transportation and may require substantial repairs and expense.
Department of Motor Vehicles Paperwork Disclaimers
TOWizard is not responsible for defects, errors, or omissions related to Department of Motor Vehicles paperwork not processed by TOWizard.
NMVTIS Reporting Disclaimer.
Vehicles listed for sale at TOWizard may have been reported to the National Motor Vehicle Title Information System (NMVTIS), and transaction data related to vehicles purchased at TOWizard may be reported to NMVTIS, in TOWizard's sole discretion. Member accepts all risks associated with purchasing vehicles at TOWizard resulting from the reporting of the vehicle or the purchase transaction data to NMVTIS by TOWizard or others.
A. Sale Cancellation. It is TOWizard Inc. sole and absolute discretion and with or without notice, to postpone or cancel a sale or withdraw a vehicle from a sale. TOWizard will neither have liability nor obligation to Members/Buyers as a result of any vehicle withdrawal, or sale cancellation or postponement.
B. Bid Rejection. TOWizard is the exclusive deciding authority with sole and absolute discretion in resolving disputes. TOWizard reserves the right to reject, void or invalidate bids for any reason, in TOWizard's sole and absolute discretion.
Should a dispute arise regarding a bid, Members/Buyers agree to indemnify, defend, and hold TOWizard harmless from any and all liability arising out of decisions made in resolving disputes.
Upon successful bid the Member/Buyer will have until 5:00 Friday following the auction to pay in full and remove the vehicle from TOWizard Inc.
If any vehicle or Item is not paid by the time stated above a storage charge of $50.00 per calendar day will be charged. If the vehicle/Item is not paid for in full with in seven days of the subsequent auction the sale will be voided, any deposits will be forfeit and applied to the storage of the vehicle/item post sale. And the vehicle will be placed back into the next available auction and sold. The Member/Buyer account will be suspended and will be ineligible to bid in any other TOWizard Inc. auction unless restriction is waved by TOWizard Inc.
If any vehicle or Item is not collected by the time stated above a storage charge of $50.00 per calendar day will be charged.
If the vehicle/Item is not collected with in seven days of the subsequent auction the sale will be voided, any deposits will be forfeit and applied to the storage of the vehicle/item post sale. And the vehicle will be placed back into the next available auction and sold. The Member/Buyer account will be suspended and will be ineligible to bid in any other TOWizard Inc. auction unless restriction is waved by TOWizard Inc.
It is the Member/User responsibility to ascertain if they have won any and all auctions that they have bid upon. TOWizard Inc. is not responsible for notifying the winner of any auction.
If prior to the vehicle being removed from TOWizard premises, it is determined that items have been removed on the vehicle, or that additional damage has occurred since the time the Member/User submitted his/her bid, and/or there is a title type discrepancy, the Member will have the option to purchase the vehicle at the original price or cancel the sale.
Vehicle and Title Release
TOWizard reserves the right not to release any vehicle or vehicle title for any reason.
Once a bid has been submitted, it cannot be retracted, deleted, or cancelled.
Risk of Loss
TOWizard shall not be responsible for damage to or loss of the vehicle or parts thereof due to operational procedures in place at all TOWizard facilities, from acts of theft or vandalism, or acts of God. Member/User takes full responsibility and assumes all risk of loss for all vehicles purchased from the time TOWizard accepts Member/User's bid.
TOWizard shall not be responsible for any claim of damage made after the vehicle has left TOWizard's premises.
In the event TOWizard is deemed to be responsible of any damages, claims shall be limited to no more than the purchase price of the vehicle or the sale may be voided at the discretion of TOWizard Inc.
You must sign up as a Member/user at TOWizard.com
You must be at least 18 years of age.
TOWizard reserves the right to deny member privileges to, or exclude from TOWizard facilities, any individual or entity, in its sole and absolute discretion.
In order to bid on a vehicle, you must be a Member.
Only Members in good standing are permitted to bid on vehicles.
Member's/user's account are Nontransferable and may not be assigned to any person or entity.
In the event a Member's/User's account username and or password are used without authorization, The Member/User shall notify TOWizard immediately.
Members shall comply with all applicable laws, statutes, ordinances, and regulations regarding their use of TOWizard's website and services.
TOWizard reserves the right to revoke or suspend and or block a member/User IP address and bidding privileges for any reason, in its sole and absolute discretion.
Release of Liability and Indemnification
As a condition of membership/User status, Members/Users irrevocably and unconditionally waive and release their rights (if any) to recover from TOWizard, its directors, officers, employees, representatives, agents, subsidiaries, partners, and affiliates any and all damages, losses, liabilities, costs, expenses, or claims therefore, 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 occurrence loss which occurs on TOWizard premises.
Members agree to indemnify, defend, and hold TOWizard Indemnities harmless from any and all damages, losses, liabilities, costs or expenses (including attorneys fees), arising from claims made by Member and Member's guests for arising from or related to: 1) bodily injury or property damage occurring on TOWizard premises, 2) Member's failure to comply with applicable laws or regulations, 3) Member's subsequent sales or transfers of Vehicles to third parties, and 4) claims made against TOWizard
Payment for vehicles may be made by cash, cashier's check, money order or major credit cards.
Payment for Vehicles Delivered by TOWizard
All Payments and fees including delivery fee must be paid prior to the delivery of the Vehicle/Item.
TOWizard Yard Rules
Repairing vehicles on TOWizard premises is strictly prohibited.
Stealing or damaging vehicles is strictly prohibited. Anyone caught will be arrested and prosecuted to the fullest extent of the law.
All Members/Users of TOWizard.com consent to the forum selection, choice of law, jurisdiction, and venue provisions or any action or proceeding arising out of the purchase of a vehicle or item at TOWizard shall be litigated only in the county of San Diego California.
This Agreement is the entire and sole agreement of the parties hereto with respect to its subject matter. There have been no representations, warranties, or promises outside of the Terms and Conditions.