Terms and Conditions

• Terms of Online Registration for IAA
• Terms of Use for IAA
• Terms and Conditions for Insurance Corporation of British Columbia
• Terms and Conditions for Manitoba Public Insurance
• Terms and Conditions for Saskatchewan Government Insurance

Auction Policies and Arbitration Rules

We are Canada’s leading salvage auto auction. Our goal is to provide our Customers with the best solutions to process and acquire total loss, theft recovered, damaged and rebuilt motor vehicles, automotive parts and equipment (collectively “Vehicles”). Our role is to create a safe, trustworthy and competitive open bidding environment in which licensed motor vehicle dealers, auto wreckers, body shop operators, automotive rebuilders, auto parts suppliers, and other buyers permitted to purchase at Impact (collectively “Buyers”) can purchase Vehicles from insurance, fleet, lease, daily rental companies, and others (collectively “Sellers”). In this way, true market forces can dictate the best price at which to sell or buy a Vehicle.

We want your experience buying at Impact Auto Actions, Ltd. or it subsidiaries or affiliates, whether branded as “IAA”, “Impact Auto Auctions”, or otherwise (“the Company”) to be a positive one. We have therefore developed these Auction Policies and Arbitration Rules (the “Policies”) for Buyers and Sellers (collectively “Customers”) to understand their rights and obligations at auction, to each other and to the Company. These Policies govern all of your business at auctions and with the Company and are implied terms and conditions of every agreement you enter into with the Company and with every Customer. By doing business at auction with the Company, you are agreeing to comply with and be bound by these Policies.

1. Our Commitment to You
   1. We will be fair and impartial in our dealings with all Customers.
   2. We will endeavor to create an environment that inspires confidence in us and the integrity of the auction process.
   3. We will comply with all national, provincial and local laws that regulate the conduct of our business.
   4. We will make every effort to serve our Customers’ needs diligently, courteously, and responsibly.
   5. We will value your business and endeavor to earn it at every opportunity!
2. General Obligations
   1. Fair Play. For the auction system to work properly, the Company and its Customers must conduct themselves with integrity. We do our part by living our corporate values. We expect you to do your part by conducting your business at auction fairly, openly, and honestly. We will not tolerate any conduct that directly or indirectly undermines the integrity of the auction process.
   2. Auction Privileges. The Company reserves the right to temporarily or permanently suspend a Customer’s auction privileges for any reason at any time, in the sole discretion of the Company, including temporary or permanent suspension of your auction privileges at any or all business units within the IAA, Inc. group of companies.
   3. Buyer Registration. You must be authorized and/or licensed (as applicable) under relevant federal, state, provincial and/or local laws as a motor vehicle dealer (“Dealer”) or auto wrecker, body shop, auto parts supplier, rebuilder, or as otherwise allowed by law (collectively “Authorized Non-dealer”) in order to register as a Buyer. Upon completion and approval by the Company of the Buyer Registration Package, the Company will open an account (“Account”) for you. Buyers are responsible for all transactions conducted on their Account. By using your Account, you are agreeing to comply with and be bound by the Policies in effect on the date that you access your Account. The Company may restrict or cancel an Account for any reason at any time.
   4. Annual Registration Fee. All Buyers must pay an annual registration fee to maintain their active Buyer status, which is subject to change on an annual basis in the sole discretion of the Company.
   5. Compliance with the Law. There are many rules, laws and regulations that govern your business. You must know and comply with all federal, state, provincial and local laws that regulate your right to buy and/or sell Vehicles at our auction.
   6. No Curbsiders. Persons who engage in the practice of unlawfully selling Vehicles to members of the public are not welcome.
   7. Registered Buyers Only. Only Dealers and Authorized Non-dealers are permitted at our auction facilities. Photo identification may be required to enter any auction and at any other times when requested by the Company’s staff.
   8. Courtesy. Our employees work hard to serve you professionally and courteously. We believe that they are entitled to similar treatment from you.
   9. Children. We love children, but please leave them at home. Health and safety laws do not permit children under the age of 16 years at the Company’s locations, even if accompanied by an adult.
   10. No “Backyard Dealings”. All Vehicles consigned to the Company must be sold through our auction process. The Company reserves the right to charge fees or suspend buying privileges for off-the-block sales.
   11. Shilling. No Customer may work in conjunction with other bidders to restrict or artificially inflate the bidding price on any Vehicle. Any evidence of this practice will result in the suspension of your auction privileges.
   12. Representatives. Please be selective when sending someone to an auction to represent you as you will be responsible for and bound by his/her conduct.
   13. Fees. You agree to pay all customary auction fees and charges for services rendered in connection with the purchase and sale of Vehicles, including without limitation, Buyer fees, sale or consignment fees, online fees, late payment fees, entry fees, cash handling fees, loading and pull fees, storage fees, NSF cheque fees, and other customary fees and charges (collectively “Fees”). You agree that the Company may deduct the Fees and any other amounts owing by you to the Company from any amounts that may be payable by the Company to you, including Vehicle sale proceeds. Interest on overdue payments will accrue at the lesser of the maximum legal rate or 1.5% per month (18% per year). You acknowledge and agree that the Company may change its Fees at any time without notice. The Customer shall pay all costs, including, without limitation, the Company’s attorney fees and legal expenses reasonably incurred by the Company to collect any amounts owed to the Company by Customer. Fees are subject to change, and Customer agrees they will be effective upon online posting or electronic notification by the Company.
   14. Set off. In addition to whatever rights of set off the Company may have in any jurisdiction where Vehicles are sold, if Customer fails to pay Fees when due or if any party affiliated with Customer owes funds to the Company and such affiliated party fails to pay such funds when due, the Company will be entitled to immediately set off the amount owed by Customer or by any affiliated party to Customer from any funds owing by the Company to Customer.
   15. Risk. The Company does not provide insurance coverage for Vehicles. All Vehicles will be and remain at the Seller’s risk of loss until sold. Once the Buyer’s bid has been accepted as the winning bid, the Vehicle will be at the Buyer’s risk of loss. The Vehicle will remain at the Buyer’s risk of loss unless and until the sale is cancelled through arbitration. If the sale is cancelled, the Vehicle will revert to the Seller’s risk until the Vehicle is resold. BUYER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS AGENTS FROM ANY AND ALL LOSSES, CLAIMS, DEMANDS, LAWSUITS, DAMAGES, OBLIGATIONS, LIABILITIES, JUDGMENTS, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RESULTING FROM DAMAGE TO BUYER’S AWARDED VEHICLE.
   16. Limitation of Liability. Customer agrees that in no event will the Company be liable to Customer for indirect, consequential, punitive, exemplary or special damages, loss of goodwill, work stoppage, data loss, computer failure or malfunction or lost profits (collectively “Damages”). Without limiting the foregoing, Customer further agrees that the Company will not be liable to Customer for losses or Damages due in whole or in part as a direct or indirect result of any theft, conversion, loss, damage, claim, expense (including legal fees), suit or demand (collectively “Loss”) arising out of, based upon or resulting from the possession, transportation, use, storage or operation of any Vehicle, including but not limited to Loss or Damages due to or caused by or during transportation, delay, arbitration decision, cancelled sale, clerical errors, fire, storm, flood, war, civil disturbance, riot, epidemic, pandemic, public health emergency, quarantine, governmental order, act of God, lightning, earthquake, or other similar casualty (the Company’s willful misconduct or gross negligence excepted). The Company’s liability, if any, shall be limited to the sale price of the Vehicle, less 10% per month from the sale date. All liability of the Company, if any, shall terminate 90 days after the sale date.
   17. Indemnity. Customer agrees to indemnify, defend and hold harmless the Company and its shareholders, directors, officers, employees, representatives, agents, parents, subsidiaries, and affiliates from and against any and all liabilities, damages, losses, expenses, demands, claims, suits or judgments, including reasonable legal fees and expenses, in any way related to or arising out of the breach of the Policies by Customer or by any employee, representative, driver, agent, contractor or contractor of Customer.
   18. Tampering/Pilferage. Removing, pilfering or tampering with parts or vehicles is strictly prohibited, and Buyer shall pay the Company the value of any such removed parts as a “Fee” pursuant to paragraph 13 above.
   19. No Solicitation. The Company does not allow any unauthorized solicitation on auction premises. Any persons violating this policy will be denied access into the auction, and all other affiliated auction locations will be notified.
   20. Investigations. The Company cooperates fully with all investigations conducted by regulatory, government and police authorities (collectively “Investigative Authorities”). By doing business at the auction, you authorize us to provide without notice to you all documents and information concerning you, your business, and your purchases and sales to any Investigative Authorities requesting them.
   21. Video/Audio. Some branches utilize video and/or audio recorded. By entering a branch, you consent to the use of video and audio recordings for the purposes of resolving disputes, conducting compliance audits, and for all purposes identified by the Company’s Privacy Policy.
   22. Customer’s Representations Regarding Taxes. Unless otherwise expressly noted in the Buyer Registration Package, the Customer certifies that the Customer holds a certificate, license or other permit, issued by the sales tax authority of the province and, if necessary, the locality of the Customer’s business or businesses which certificate, license or permit exempts the Customer from the payment of provincial sales tax with respect to the purchased Vehicles and bears the number or numbers set forth in the Customer Registration Package.
   23. Client or Insured Contact. To protect the privacy of all concerned, under no circumstances may Customer contact or attempt to contact a previous owner or Seller of a Vehicle for any purpose. All communications must be conducted through the auction location where the Vehicle was offered for sale.
   24. Changes to Auction Terms and Conditions. These Policies are subject to change. The Company may amend the Policies at any time by posting the amendments on the Company’s website, and Customer agrees to be bound by same with respect to any activities, bids, or sales and purchases occurring after the online posting or electronic notification of the amendments.
3. Online Auctions
   1. AuctionNow™ Privileges. AuctionNow™ is the online vehicle remarketing service utilized by the Company and allows you to participate in live auction sales via the internet. Only Customers that have been approved by the Company may conduct business through the AuctionNow™ system. It is therefore very important to keep your Buyer registration and permits current and to ensure that the information in your Customer file at the Company is up to date. The Company reserves the right to temporarily or permanently suspend your AuctionNow™ privileges at any time without notice. Breach of the Policies could result in the suspension or termination of your AuctionNow™ privileges.
   2. Timed Auctions. Timed Auctions are the online vehicle sales that run for a set period of time, with Timed Auctions closing daily. Timed Auctions allow bidders to place maximum bid values on offered Vehicles as the sale progresses.
   3. Online Account. Once your Online Account has been approved and opened by the Company, you will be issued a user ID and a private password authorizing you to purchase Vehicles through the AuctionNow™ and Timed Auctions. Registering as an Online user and subsequent use of the Online system represents your acceptance of the Policies and your agreement to pay any amounts and Fees due to the Company.
   4. Unauthorized Use. You are responsible for maintaining the confidentiality of your user ID and password. You are responsible for, and will be bound by, all transactions conducted through AuctionNow™ or Timed Auctions with your Account. You should immediately notify the Company in writing upon the discovery of any unauthorized use of your Account.
   5. Vehicle Detail. The Buyer is responsible for reviewing all of the information posted on or made available through AuctionNow™ and Timed Auctions relating to a Vehicle including, without limitation, damage estimates (where applicable) photos, the additional options, exterior damage, interior damage, tires and wheels, remarks and announcements.
   6. System Integrity. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the AuctionNow™ system or any of the Company’s websites or any auction being conducted on the AuctionNow™ system or any of the Company’s websites. You will not take any action that imposes an unreasonably or disproportionately large load on the Company’s infrastructure.
   7. Release for Auction Errors. The Company reserves the right to, at any time, in its sole and absolute discretion and with or without notice, rescind, postpone or cancel a sale or withdraw an awarded vehicle at any time before Buyer receives the assigned title. Without limiting the foregoing, the Company also has the right to withdraw, void or cancel any bids or sales placed for vehicles listed at incorrect prices or that are affected by any of the Company’s errors or omissions as determined by the Company in its sole and absolute discretion. This includes but is not limited to, incorrect minimum bids set on vehicles and incorrect sale prices set for “Buy Now” vehicles, if applicable.
   8. Bid Rejection. IAA reserves the right to reject or void bids at any time for any reason. Should a dispute arise regarding a bid, IAA is the only deciding authority with sole and absolute discretion in resolving disputes.
   9. Non-Solicitation. Buyer agrees not to solicit or otherwise attempt to purchase a Vehicle directly with a customer of IAA or any of its subsidiaries, whether on its own behalf or on behalf of another.
   10. Customers Only. You will not permit retail customers to view the prices of the electronic inventory of Vehicles posted on the AuctionNow™ system or to “shoulder surf” during a AuctionNow™ sale.
   11. Inspection. It is the Buyer’s responsibility to conduct a thorough inspection of each Vehicle purchased through the AuctionNow™ system promptly upon delivery to the Customer.
4. Buyers Obligations
   1. Know Your Purchase. Most of the Vehicles offered for sale through auctions have been determined to be a total loss for insurance purposes. In addition, all Vehicles have been: (i) severely damaged by collision, impact, fire, flood, hail or similar casualties; and/or (ii) damaged and rebuilt; and/or (iii) stolen and recovered. In the vast majority of cases, the estimated cost of repairing the Vehicle exceeds the difference between the fair market value of the Vehicle before it was damaged or stolen and its salvage value. Most Vehicles have significant damage, defects, flaws and/or wear and tear. Not all damage is visible and some damage may be hidden. It is your responsibility to thoroughly investigate all Vehicles before bidding. It is the Buyer’s responsibility to verify serial number or VIN, odometer reading, Vehicle year, make, model, and trim, and accident or branding history prior to leaving the auction premises or picking up the vehicle from the auction premises.
   2. Vehicle Safety. If a Vehicle is drivable, it is the Buyer’s responsibility to ensure that it complies with all applicable safety requirements before leaving the auction premises.
   3. Theft Recovery Odometer Readings. The Company will endeavour to declare approximate known distance travelled as communicated by the Seller on theft recovered Vehicles; however, due to the nature of these Vehicles, neither the Company nor the Seller can validate or warrant the accuracy of the odometer reading or the true distance travelled for theft recovered Vehicles.
   4. Disclosure Information. Sellers provide important disclosure information on the Vehicles offered for sale. Disclosure information may be provided in several formats including but not limited to: Seller Declarations, Deemed Declarations, Run Lists, Damage Estimates, Pictures, Condition Reports, Vehicle History Reports, and other information provided in the Company’s online auction portal (collectively “Disclosure Information”). Although these Policies require all Sellers to disclose relevant Vehicle information, Buyers also have a responsibility. Buyers are expected to carefully review all Disclosure Information made available. To protect their arbitration rights, Buyers shall also do their own due diligence, research, Brand verification, and vehicle history investigations within the applicable arbitration time limits. Declarations contained in Disclosure Information made available prior to sale are not subject to arbitration.
   5. Deemed Disclosures. Given the nature of the Vehicles sold through auction, certain disclosures are deemed (“Deemed Disclosures”) to automatically apply to all Vehicles offered for sale unless expressly indicated otherwise. Deemed Disclosures do not need to be announced by the Seller. The following Deemed Disclosures apply to all Vehicles unless the Seller has expressly indicated in writing that the Deemed Disclosure is suspended.

      	Deemed Disclosure	Details
      1.	ABS Defective	The anti-lock braking system is not operational (if equipped).
      2.	Airbags Missing - Defective	Vehicle's airbags are missing or not operational.
      3.	Adjacent Panels Replaced	Two or more adjacent panels (excluding bumper panels) have been replaced.
      4.	AS IS	All Vehicles are sold "as-is" and are not represented as being in roadworthy condition, mechanically sound or maintained at any guaranteed level of quality. Vehicles offered for sale may not be fit for use as a means of transportation and may require substantial repairs at the Buyer’s expense. It may not be possible to register Vehicles to be driven in their current condition.
      5.	Major Repair	One or more major components of the Vehicle is defective or not operational. Major components include: Engine, Transmission, Power train, Sub-frame, Suspension, Computer equipment, Fuel operating system, Electrical system, Air conditioning
      6.	Structural Damage	There has been structural damage to the Vehicle such that the structure of the Vehicle has been permanently altered and/or requires substantial repairs.
      7.	Total Loss	The Vehicle has been declared by an insurer to be a total loss.
      8.	Warranty Cancelled	The Vehicle is not under manufacturer's warranty. The manufacturer's warranty has been cancelled or expired.
      9.	"Run and Drive"	Any statement that a Vehicle runs or drives (such as through an online statement that the Vehicle is classified as a "Run and Drive") means that the engine started (either with or without a jump) and that the forward and reverse gears engaged, all at the time of arrival at the Company's facility. It is not a representation or warranty that it will do so at any time thereafter or that the Vehicle is roadworthy.

   6. Run Lists. The Company may provide online run lists describing the Vehicles that will be offered for sale and may include useful disclosure and Brand information regarding the Vehicles listed. Buyers are expected to consult any available and applicable Run List before bidding. Please note that the information in the Run List may be updated or superseded by information in AuctionNow™. Declarations contained in Disclosure Information made available prior to sale are not subject to arbitration.
   7. Damage Estimates. Some Sellers make available a copy of the insurance damage estimate (“Damage Estimate”) respecting Vehicles offered for sale. The Damage Estimate discloses important information regarding the condition of the Vehicle; however, it may not include or fully describe all damage or required or recommended repairs.
   8. Irreparable and Parts Only Vehicles. The Seller Disclosure Requirements (other than those applicable to Brand) do not apply to Vehicles sold as Irreparable or Parts Only.
   9. Ontario Authorized Non-Dealers. Ontario Buyers who are Authorized Non-Dealers and who purchase a non-branded or re-built Vehicle from an Ontario auction (“Ontario Non-dealers”) will be provided with a detailed Vehicle History Report regarding their Vehicle purchase at checkout. A fee for the report will be charged at check-out. Ontario Non-dealers must carefully review the Vehicle History Report before signing the sale contract. If the Vehicle History Report contains information not previously disclosed and which would reasonably be expected to have influenced the bid price or decision to buy, the Ontario Non-dealer may elect to cancel the sale without penalty. Please note that the cancellation right is not intended to be a tool for Buyer’s remorse. Ontario Non-dealers who abuse the cancellation right may have their auction privileges suspended. This cancellation right does not apply to Vehicles declared Irreparable or Parts only prior to the sale.
   10. Verify the Brand. Many Vehicles offered for sale through auction have branded ownership documents (sometimes called titles) which are permanent designations (“Brand[s]”) indicating that the Vehicle sustained substantial damage (e.g. salvage, rebuilt, non-repairable, etc.). Brand information is provided to the Company by the Seller of the Vehicle. It is the responsibility of the Buyer to verify the Brand with the applicable Ministry of Transportation office before altering, repairing, dismantling or reselling a Vehicle, and Buyer waives all claims, demands, and lawsuits against Seller and the Company if Buyer fails to fulfill this obligation.
   11. Insure Your Purchase. The Company does not provide insurance coverage for Vehicles and does not accept liability for Vehicles on its property or under its control. Risk of loss on a purchased vehicle passes to Buyer once the vehicle has been awarded to Buyer.
   12. Bidding Process. Please ensure that you understand the bidding process. Our auction sales are very fast-paced and energetic. If you do not understand the bidding process, please ask one of our Customer Service Representatives or Buyer Services to assist you.
   13. Block. Make sure that you know which Vehicle is being auctioned when bidding.
   14. Tendering a Bid. All bids tendered, regardless of the method, are binding and non-reversible.
       1. AuctionNow™ Bids - You will be deemed to have tendered an AuctionNow™ bid by selecting or entering the dollar amount of your bid in the appropriate box and selecting the appropriate AuctionNow™ icon confirming your bid. Once an AuctionNow™ bid is made, it cannot be withdrawn. The bid must be received by the host server and must equal or exceed the price being called by the auctioneer to be eligible for acceptance.
       2. Pre-Bid (sometimes previously referred to as “AutoBid” or “Proxy Bid”) - You will be deemed to have tendered a Pre-Bid by selecting or entering the dollar amount of the Pre-Bid in the appropriate box and selecting the corresponding AuctionNow™ icon confirming the price you are willing to pay for a Vehicle. AuctionNow™’s bidding screen or links on same will display additional guidelines advising whether and when a Pre-Bid may be modified, which shall control over these Policies. Once the Online Sale starts and the Vehicle is open for bidding, Pre-Bid will competitively bid in your name until there are no competitors bidding against you or until the dollar value submitted as the Pre-Bid is reached. If your Pre-Bid is surpassed, the system will stop bidding on your behalf. Should only one Pre-Bid be placed on a Vehicle, that single bid may be accepted at 70% of the tendered amount. If certain Vehicle information changes after you have submitted your Pre-Bid, the system will automatically remove the Pre-Bid and you will be notified via email. Pre-Bids may be automatically canceled for other reasons, with or without notice to you.
   15. Accepting a Bid. A bid is not binding until accepted by the Company. The Company is not obliged to accept a bid. The Company will not accept a bid that, in its sole discretion, is only a nominal or fractional advance on the highest bid previously accepted or if the Company believes that the bid was not tendered in good faith.
   16. Tied Bids. If an online bid submitted by Pre-Bid (or “proxy bid”) is tied with a bid tendered by a live online bidder, the live online bidder will be deemed to have the higher bid. For all other tie bid situations, the Company may break the tie in any manner that it considers appropriate in the circumstances, and this decision is final.
   17. Reserve Prices. Some Vehicles are sold subject to a reserve price, (i.e. a minimum price at which the Vehicle must sell). If the Company does not receive any bids at or above the reserve price, the Vehicle will not be sold unless the Seller expressly authorizes the sale. The Company reserves the right to not sell a Vehicle. The highest bid does not guarantee a sale. 18. Sale. Except for If Bids (see paragraph below), a Vehicle is sold when the Company awards it to Buyer, who then must complete the sale.
   18. If Bids. When the bids do not reach the Reserve Price, the Company may conditionally sell the Vehicle subject to an If Bid (also called phone bid or confirmation sale). When a Buyer makes an If Bid, the Seller has 24 hours (or other announced time frame) to accept the bid. The bidder may not withdraw the If Bid during the If Bid time frame.
   19. Remote Site sales and Disposal Units. For remote site sales and disposal units, you will be deemed the successful bidder when notified to pick up the Vehicle by an authorized representative of the Company. It will then be your responsibility to pick up the Vehicle within 24 hrs, pay any amounts authorized by the Company to be paid to the person with custody of the Vehicle (the “Pay Out Costs”) and submit those to the Company for payment along with confirmation of pick up. The Company will reimburse the Pay Out Costs within 7 days, net of the bid/sale price of the Vehicle. Pay Out Costs that have not been duly authorized by the Company will not be reimbursed. It will then be your responsibility to hold the Vehicle in a secure compound until you have received all ownership documentation from the Company. You cannot dismantle, rebuild, destroy or sell the Vehicle prior to receiving all ownership documentation from the Company. In the unlikely event that this occurs, you will be solely responsible for any Loss resulting fromsame, and You shall pay the Company’s attorneys’ fees and costs to recover any damages incurred or the Vehicle, should you withhold it from the Company or its agents.
   20. Pay Promptly. Payment for Vehicles is required before the close of business on sale day. The method of payment is at the discretion of the Company’s Branch Manager. If payment in full is not received within two (2) business days of the auction sale day, the Vehicle may be re-sold at the next auction sale on an unreserved basis. You will be liable to the Company for all Losses incurred including the difference in sale price (if any) plus auction fees, collection costs and attorneys’ fees. Failure to pay promptly can result in the permanent loss of your auction privileges.
   21. Payment Requirements.
       1. Cheque, Bank Draft, Electronic Transfer, Interac. If payment is made by cheque, bank draft, electronic transfer or Interac, the payment instrument must be drawn on the account of the Buyer at a federally or provincially regulated bank, trust company or loan company. Personal cheques, counter cheques or payment instruments drawn on an account other than the account of the registered Buyer are not acceptable. Payment by an individual or business entity other than the Buyer will not be accepted.
       2. Payment Failure. All cheques not cleared by Buyer’s bank (e.g. non-sufficient funds or for any other reason) must be settled immediately with Interac payment or certified funds. An administration fee applies to all N.S.F. and returned cheques. If Buyer places a “stop payment order” on a cheque issued to the Company, Buyer’s auction privileges will be suspended.
   22. Security Interest. Customer hereby grants to the Company a continuing security interest and hypothec in all Vehicles purchased by Customer through auction and in all Customer Vehicles that are in the possession, custody or control of the Company, wherever located, and all proceeds from the sale thereof to secure payment of all Fees, debts, liabilities and obligations of Customer to the Company. If Customer fails to pay the Company any amount when due, the Company will be entitled to exercise the rights and remedies of a secured creditor as such rights and remedies may be provided by statute, common law, equity or otherwise.
   23. Title. Regardless of the method of payment and the status of the ownership registration, title to a purchased Vehicle does not pass to the Buyer until payment in full has been made and the funds have actually been received by the Company, and the ownership registration has been given to the Buyer. For example, if payment is made by uncertified cheque, title does not pass to the Buyer until the cheque has been honored by the Buyer’s bank. In such cases, the Company does NOT consent to the use of the Vehicle by the Buyer or any third party. The Buyer acknowledges such lack of consent and covenants not to use or permit the use of the Vehicle. Notwithstanding the foregoing, the Buyer assumes full liability and responsibility for all Vehicle Losses once it has been determined in the Company’s sole discretion that the Vehicle was awarded to Buyer.
   24. Ownership Transfers,
       1. Authorized Non-dealers. To facilitate the sale of Vehicles to Authorized Non-dealers, the sale may be transacted through one of the Company’s affiliates, Suburban Auto Parts (“Suburban”) which is a duly licensed motor vehicle dealer. In these circumstances, Vehicle ownership documents will be transferred from the Seller to Suburban and then to the Authorized Non-Dealer who purchased the Vehicle (the “Transfer Service”). The Authorized Non-dealer will be assessed a Fee for the Transfer Service. The Transfer Service is only available to Authorized Non-dealers. The Authorized Non-dealer agrees to indemnify and hold harmless the Company, Suburban and their respective subsidiaries, affiliates, officers, directors, agents and employees from any claim or demand, including reasonable attorneys’ fees arising from or relating to the Transfer Services.
       2. Dealers. All Dealer are responsible for the transferring of the applicable Vehicle ownership documents into their name no later than six (6) days of the purchase date. Any title problems and related damages occurring outside of this time period will be the sole responsibility of the Buyer.
   25. Liens. The Seller guarantees to the Company and to the Buyer that it is lawfully entitled to sell the Vehicle and that the Vehicle is free and clear of all liens, charges and encumbrances except those appearing in the public records (collectively “Liens”). It is the sole responsibility of Buyer to confirm that no Liens exist prior to repairing, rebuilding and/or reselling any Vehicle, and Buyer releases any and all claims related to or arising out of Liens recorded against the Vehicle which were present in the public record on or before the date of sale.
   26. Vehicle Storage Charges. Once you have purchased and paid for your Vehicle, please remove it from the auction site as soon as possible. A storage fee per Vehicle per day applies starting from the day after the sale if the Vehicle is not removed within 3 business days after the auction sale day. Storage rates are available at all auction sites.
   27. Loading Fees. If you require assistance in loading your purchase(s), the Company would be pleased to assist. A loading fee per Vehicle will apply. These fees are available at each auction 10 Auction Policies and Arbitration Rules site. You must request this service at the time you pay for your purchases. Our yard employees are not authorized to accept payments.
   28. Transportation. If you require assistance in arranging transportation, please notify a Customer Service Representative. The Company can offer you very competitive rates. Unauthorized deliveries at specified locations will be subject to a handling fee. A charge of storage and tow back will also apply.
   29. Release Slip/Gate Pass. No Vehicle may leave the auction premises without a release slip/gate pass issued by the Company. SELLER’S OBLIGATIONS 1. Announcements. A Seller who offers a Vehicle for sale is required to disclose the information set out in the Table of Seller Disclosure Requirements below by advising the Company of the applicable Announcement. The Seller Disclosure Requirements (other than those applicable to Brand) do not apply to Vehicles sold as Irreparable or Parts Only.
5. SELLER'S OBLIGATIONS
   1. Announcements. A Seller who offers a Vehicle for sale is required to disclose the information set out in the Table of Seller Disclosure Requirements below by advising the Company of the applicable Announcement. The Seller Disclosure Requirements (other than those applicable to Brand) do not apply to Vehicles sold as Irreparable or Parts Only.
   2. Deemed Disclosures. Given the nature of Vehicles sold through auction, certain disclosures (i.e. Deemed Disclosures) automatically apply and are therefore deemed to be announced without further action on the part of the Seller. If the Seller does not wish a Deemed Disclosure to apply, it must advise the Company in writing to suspend the applicable Deemed Disclosure. See the Table of Deemed Disclosures under the Buyer’s Obligations at paragraph 5 of section D of these Policies for a complete listing of the Deemed Disclosures.
   3. Table of Seller Disclosure Requirements.

1. Title/Ownership. When you sell a Vehicle, you are guaranteeing to the Company and to the Buyer that you are lawfully entitled to sell the Vehicle and that the Vehicle is free of all Liens. All documents required to permit ownership to the Vehicle to be transferred to the Buyer must be delivered to the Company by the sale date.
2. VIN. Sellers may not offer a Vehicle for sale unless the original VIN plate is intact or has been replaced in accordance with provincial and federal regulatory requirements.
3. Representing your Vehicle. You stand behind your Vehicle. You are responsible for ensuring that all applicable disclosures and any other information required by law are announced by the Company and that the information recorded on the counter list and any online descriptions is accurate. You are also responsible for ensuring that the Company is aware of the Vehicle’s reserve price, if any.
4. Tampering. Odometer and parts tampering is strictly prohibited. Anyone involved in odometer and/or parts tampering, will have their auction privileges, including privileges, if any, at all affiliated auction locations, automatically and permanently suspended. In addition, all applicable regulatory and law enforcement agencies will be notified.
5. Deception. At no time will a Seller be permitted to deceive a Buyer by altering or patching a Vehicle to increase its value.
6. No Shilling. Price boosting (i.e. “shilling”) is strictly prohibited. Neither you nor any of your representatives or agents may bid on any Vehicles consigned by you to the Company. Failure to comply with this obligation will result in the permanent suspension of your privileges at all affiliated auction locations.

1. ARBITRATION RULES
   1. The Company’s Arbitration Services. Through its Arbitration Department, the Company offers an arbitration service to resolve disagreements between Buyers and Sellers. Our process is designed to be impartial, quick, and economical. The overall purpose of arbitration is to maintain the integrity and fairness of the auction process for both Buyers and Sellers. Our arbitration professionals are trained auction employees who understand the salvage auction business.
   2. Arbitration Periods. An arbitration must be commenced within three (3) business days after the Vehicle has been picked up from the Company’s local branch.
   3. Availability of Arbitration - Arbitration is available for the following:
      1. Material non-disclosure of a mandatory Announcement
      2. Major misrepresentation
      3. Duplicate or mismatched VINs
   4. Customers. Arbitration is a service available to auction Buyers and Sellers only and not to their customers. The service is not available if the Buyer no longer has possession or ownership of the Vehicle.
   5. Legal Proceedings. No action or legal proceedings will be commenced or prosecuted by the Buyer or the Seller against the other concerning:
      1. any matter that is or was the subject of arbitration unless to enforce the terms or conditions of the arbitrator’s decision; and
      2. any matter for which arbitration is not available under these Policies unless arbitration is not available because and only because the time limit for submitting the matter to arbitration including any extension of the time period has expired.
   6. No action or legal proceeding will be commenced or prosecuted by the Buyer or the Seller against the Company for any matter, cause or thing directly or indirectly related to Services or the failure to provide Services, including but not limited to arbitration services. The Buyer 13 Auction Policies and Arbitration Rules and the Seller release and waive all rights, remedies, claims, and causes of action against the Company from any claim or remedy whatsoever, whether known or unknown, for or by reason of using the Company’s Services or facilities including but not limited to its arbitration services.
2. Arbitration Procedure
   The steps for arbitration are as follows:
   1. Step 1: Pay for the Vehicle. An arbitration claim will not be considered until the Buyer has paid for the Vehicle in full. The Buyer must have in his/her possession the sales agreement and release slip for the Vehicle under review. The Vehicle cannot leave the auction site if it is being arbitrated.
   2. Step 2: Contact the Company. The Buyer initiates arbitration by contacting the Company’s Branch Manager or by emailing Arbitrations@IAAI.com. The arbitration process must be commenced within three (3) business days of the sale day.
   3. Step 3: Investigation. The Company will review the issue raised. Depending on the nature of the complaint, the Company may inspect the Vehicle and present a solution. However, in certain circumstances, the Company may also refer the Vehicle to a specialty shop for consultation and appraisal. If a specialty shop is consulted, the party against whom the arbitration decision is made must pay all costs of the consultation including transportation or towing fees, if applicable.
   4. Step 4: Decision. After completing the investigation, the Company will decide whether the complaint was valid and inform the Buyer of his/her decision. The unsuccessful party will be responsible for all costs of the arbitration.
   5. Step 5: Remedy. The Company may grant any remedy or relief that it considers to be appropriate in the circumstances in its sole discretion.
   6. Step 6: Finality. The decision of the Company and the remedy imposed is final and binding on both parties. By choosing to initiate the arbitration process, the Buyer is agreeing to be bound by the Company’s decision. By consigning a Vehicle for a sale at auction with the Company, the Seller is agreeing to participate in any arbitration process that may be initiated, to be bound by the Company’s decision and to comply with any remedy imposed.
   7. Note: If a Seller or Buyer fails or refuses to comply with the decision of the Company, the Seller or Buyer will be held liable for all losses, costs and damages including legal fees and any losses on the resale of the Vehicle. In addition, the Seller or Buyer may have his/her auction privileges at all affiliated auction locations temporarily or permanently suspended at the discretion of the Company.

Arbitration Release and Limitation of Liability.

Customer releases and waives all rights, remedies, claims, and causes of action against the Company, and its present and former officers, directors and employees, and its successors, predecessors, subsidiaries, affiliates and assigns from any claim or remedy whatsoever, whether known or unknown, for or by reason of using the services and facilities of the Company including but not limited to the arbitration process.

A WORD OF WARNING: The arbitration process is not a tool for price reduction or for dealing with “Buyer’s Remorse”. All Buyers are cautioned to avoid impulse buying and to inspect Vehicles thoroughly before bidding. Most Vehicles sold at auction have hidden damage and generally require extensive repair or are not capable of repair and Buyers should allow for this whenbidding. Arbitrations are regularly monitored by the Company. Any Sellers who engage in deceptive practices or Buyers who repeatedly submit questionable arbitration claims may have their auction privileges temporarily or permanently suspended.

IMPORTANT: The Company reserves the right to interpret and modify these Policies. These Policies are implied terms and conditions of every agreement, whether written, oral, express or implied that you enter into with the Company or its Customers.