Indiana Public Auto Auction - Dealer Registration Packet (Page 2 of 8) in pdf

interim plates, assignments of title, and warranties of title on behalf of Dealer. The authority of

such persons to act on behalf of Dealer shall continue in full force and effect until terminated by

Dealer in writing to the Auction. Dealer does hereby guarantee all transaction made by such

persons, and does indemnify and hold harmless the Auction from all loss or expense caused it as

a result of any such transaction including, but not limited to, losses from dishonored checks or

drafts, defective titles, and false or inaccurate odometer Mileage statements as well as any

expense incurred in attempting to collect such losses, including attorney’s fees.

Dealer authorizes the Auction to act as Dealer’s attorney-in-fact (copy of executed POA

attached) to sell and transport vehicles, and on Dealer’s behalf to execute any documents

necessary to transfer ownership thereof and any disclosure statements relating thereto. Dealer

agrees to indemnify the Auction, hold the Auction harmless, and defend the Auction against all

claims, loss, damage, expense, and attorney fees that the Auction may sustain by reason of so

acting for Dealer.

Dealer assumes all risks of loss, liability, and damage incident to or arising out of any vehicle

consigned hereunder whether left by the Dealer or whether moved by the Auction at the request

of the Dealer. The Auction disclaims all liability in tort, contract, or otherwise for any loss,

liability, and damage to vehicles left with Auction solely for Dealer’s convenience.

With respect to each and every vehicle delivered by Dealer to the Auction for sale, Dealer

represents to the Auction and to the Buyer of that vehicle that:

Dealer is the true and lawful owner of the vehicle;

Dealer has lawful power and authority to sell the vehicle;

Dealer guarantees, without exception, that title to the vehicle is free and clear of all

encumbrances and other defects, and Dealer will hold the Buyer and the Auction

harmless for any loss, liability, or expense resulting from any defect in such title;

Within the time allowed by Auction rules, Dealer will deliver to the Auction, as agent,

good title to the vehicle, free and clear of all liens or encumbrances, with related

disclosure statements. Upon receipt of full payment from Buyer, the Auction agrees to

pay Dealer the purchase price of the vehicle, less any fees owing to the Auction;

Dealer agrees to pay to the Auction such fee as the Auction Policies, Rules, Terms and

Conditions provide for any vehicle that goes through the Auction but is not sold. Dealer

specifically grants to the Auction a possessor lien against any such vehicle for which a

fee is due as security for the payment of such fee;

Dealer will hold harmless and indemnify the Auction and the Buyer of the vehicle

against any loss resulting from breach of the Dealer’s warranty of title to the vehicle or

of any warranty or representation contained herein.

When required by Auction, Dealer will provide interim plates for Dealer’s vehicles.

Page 2 of 8

Indiana Public Auto Auction - Dealer Registration Packet Page 2