2008 BMW X5

ALL CARS ARE SOLD AS IS "WHERE IS " WITHOUT ANY EXPRESSED IMPLIED WARRANTY. EMMISSIONS AND REPAIRS ARE THE RESPONSIBILITY OF THE BUYER. WE ENCOURAGE ALL BIDDER/BUYERS ONLINE AND IN PERSON TO PHYSICALLY INSPECT THE LISTED VEHICLES/LOTS. WE ALSO ENCOURAGE THE BIDDERS/BUYERS TO CHECK TITLE HISTORY FOR BRANDS AND MILES . IT IS THE SOLE RESPONSIBILITY OR THE BUYER/BIDDER TO CHECK VEHICLE HISTORY REPORTS. WELCOME TO NEXT AUTO AUCTIONS. WE ARE AN ONLINE AUCTION TO THE PUBLIC. BY USING NEXT AUTO AUCTION, YOU HAVE THE ABILITY TO PURCHASE VEHICLES IN THE SAME MANNER AS MANY AUTO DEALERS THUS SAVING YOU TIME AND MONEY. OUR PRICING PHILOSOPHY IS SIMPLE: NO HIDDEN FEES; JUST TRANSPARENT PRICING FOR ALL. AUCTION AGREEMENT: By logging in to a NEXT Auto Auction and bidding on a vehicle you become a bidder at that time. By participating as a live or online bidder, you are agreeing to all terms and conditions contained hereinafter as well as the fee structure of NEXT Auto Auctions. If you disagree with any of these terms or conditions, you are not permitted to bid through any NEXT Auto Auctions hosted auction event at any location. ATTENTION: Employees of ANVA Auto Group dba NEXT Auto Auctions are not permitted to ?bid on any vehicles that run thru an auction operated by NEXT Auto Auctions. NEXT Auto Auctions reserves the right to change these terms and conditions at any time at its sole discretion and without notice. Recording of the auction is strictly prohibited; no still photos, video or audio recording can be made without the express written consent of NEXT Auto Auctions. No firearms allowed pursuant to City of Tucson and/or Pima County codes. ANVA Auto Group dba NEXT Auto Auctions (NEXT) may act as an auctioneer-agent for many cities, counties, the State of Arizona, many large and small companies, and people from the general public that are seeking to sell vehicles they no longer need. NEXT may act as a Principal, Buyer or Seller in the sale of some items. NEXT is not responsible for the actions of its consignors and/or principals. A Valid ID is required to register, pay, and pickup purchased vehicles at any NEXT Auto Auctions location. REGISTRATION: All Buyers must register and be assigned a bidder number or username prior to bidding. NEXT reserves the right to deny access to its premises to any buyer, visitor, or guest at its sole discretion. NEXT reserves the right to revoke any bidder's rights to bid at any NEXT auction, or all future NEXT auctions at its sole discretion. You are responsible for all purchases made with your number/username, whether it was made by you, someone given the right by you to use your number/username, or by error. TAX EXEMPTION QUALIFICATIONS: All sales are subject to all Local, State, County, and Federal Taxes, including sales taxes unless you have ALL VALID FORMS on file with Next PRIOR to the auction. Forms include but are not limited to: (1) Sales Tax Exemption Certificate (TPT) acceptable to Next and to the State of Arizona, (2) COMPLETED Arizona Form 5000, and (3) a separate automobile dealer exemption certificate/license if you purchased a titled asset. (4) Letter of Authorization if you are not the company owner. You will not be granted tax exemption post-sale if these forms are not completed to the satisfaction of Next. Customers and/or Buyers will ONLY be tax exempt for those assets which are listed on the Form 5000. Vehicles and Firearms require additional licensing to be exempt from taxed sales. OTHER FEES: NEXT charges additional fees as specified in the current fee structure listed in the special terms and conditions. It is the Buyer's responsibility to be familiar with these fees. You have agreed to them by participating in our auction. ALL applicable fees must be paid to be able to bid at/in our auctions in the future. AUCTION TERMINOLOGY: It is the responsibility of the bidder to understand the way items are being sold. THE BIDDER MUST UNDERSTAND WHAT HE/SHE IS BIDDING ON AND HOW IT IS BEING SOLD; IF NOT, ASK OR DO NOT BID! NEXT Auto Auctions assumes NO RESPONSIBILTY for errors. BID AT YOUR OWN RISK. Runs and Drives: Next verified that the vehicle (1) started, (2) could be put in gear, and (3) was capable of moving forward under its own power. There is no guarantee, representation, or warranty that the vehicle is in roadworthy condition or can be driven lawfully upon the highways of any state. There is no guarantee, representation, or warranty that the vehicle will (1) start, (2) drive, or (3) move forward under its owner power at the time the vehicle is picked up at Next's location. It is the bidder's sole responsibility to ascertain, confirm, research, inspect, and/or investigate the vehicle prior to bidding on it. Once it is removed from Next's premises, the buyer accepts the vehicle AS IS. Vehicle inspections do not include road testing of mechanical condition. Purchaser acknowledges that conditions of the vehicle can change from the time of an initial inspection, to when an auction is held and from the time the car is removed from the lot. BIDDER ERROR: NO REFUNDS FOR BIDS MADE IN ERROR. IF you BID on a vehicle, YOU BECOME A BIDDER at that time. Operator error, keystroke mistakes, misunderstanding of auction structure, and other errors are the bidder's sole responsibility. ANNOUNCEMENTS: Any announcements made by NEXT staff or auctioneers on the day of the simulcast auction shall take precedence over any previously distributed information or advertising. By participating in the auction, you have agreed to abide by these announcements. ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from the sale any property listed and also to add property not listed to the sale. Also, the auctioneer may group lots or subdivide lots in order to benefit the seller. ALL SALES ARE FINAL. ALL ITEMS ARE SOLD "AS IS-NO WARRANTY," WITH ALL FAULTS AND WITHOUT WARRANTIES. Catalog, web, and ad descriptions are NOT GUARANTEED. NEXT is not liable for any errors, omissions, or inaccuracies in any catalog or other written or verbal descriptions even if caused by NEXT?s gross negligence. Bidders are responsible to thoroughly inspect items, run vehicle history reports before bidding and to satisfy themselves of such matters as to suitability, marketability, completeness, year, make, model, mileage, and/or condition. IF YOU ARE UNSURE AS TO ANY MATTER, NEXT URGES YOU NOT TO BID. YOU MAY NOT RELY ON NEXT?S DESCRIPTIONS OR INFORMATION, WRITTEN, VERBAL or IMPLIED. The auctioneer reserves the right to reject any and all bids. The auctioneer shall have the right to bid on behalf of the seller. Since NEXT Auction discloses ALL fees upfront, it is your responsibility to bid up to a number with which you are comfortable paying in full. You control how much you are willing to pay for an item. All auction sales will be recorded by audio and/or by transcript. This recording of the bidder's number/username and the bid amount shall be prima facie evidence of the circumstances of the sale, and all disagreements will be resolved with this record. Please verify your bidder number/username is correct before the auction. NEXT is not responsible for any loss or damage to any sold auction items. Title (ownership) and risk of loss or damage transfers to Bidder as soon as each individual lot is sold, subject only to NEXT's right to reconcile the auction. Errors by auctioneer shall make the sale voidable at auctioneer's sole discretion. NEXT is not responsible for accidents, damages, or stolen goods. All counts are approximate. Purchaser should monitor their purchases during the auction; if it is damaged or missing it is the bidders? responsibility. NEXT urges all Bidders to remove all lots from the auction site as soon as possible and highly recommends removal occur no later than the close of business on auction day, with safety and security as the top considerations. ABSOLUTELY NO REFUNDS. REMOVAL OF PURCHASED ITEMS: NEXT DOES NOT OFFER STORAGE SERVICES. No item may be removed from the auction site until it is paid for in full and partial payments will be considered additional non-refundable deposits towards the purchase. To avoid daily storage fees, all lots must be removed from NEXT's facility on the date specified in the special terms and conditions. In certain situations, NEXT, in its sole and exclusive judgment, may allow certain lots NEXT deems difficult to move to be removed on date mutually agreed upon. A DAILY STORAGE PENALTY WILL APPLY TO ALL ITEMS LEFT AND NOT REMOVED WITHIN THE GUIDELINES SET FORTH BY NEXT. Please see current Fee Structure for details. INJURY: Every person at the auction site before, during and after the sale shall be deemed to be there at his or her own risk with notice of the condition of the premises, the activities on the premises, and the conduct of third parties. All registered bidders shall so advise their guests, agents, and employees. NO PERSON(S) SHALL HAVE ANY CLAIM AGAINST NEXT Auto Auctions, ITS EMPLOYEES, AGENTS, AUCTIONEERS, CONTRACTORS, OFFICERS, OR PRINCIPALS FOR ANY INJURIES SUSTAINED, OR FOR DAMAGES TO OR LOSS OF PROPERTY OR PROFIT WHICH MAY OCCUR FROM ANY CAUSE WHATSOEVER. No Children under the age of 16 are permitted on property at ANY TIME. Persons attending during preview, exhibition, sale, or removal of goods assumes all risks of damage of or loss to persons and/or property and specifically releases the auctioneer (Next Auto Auctions) from liability, therefore. Neither NEXT Auto Auction nor its principal or its affiliates shall be liable by reason for a defect in or condition of the premises on which the sale is held. SELLER CONFIRMATION, RESERVED AND UNRESERVED ITEMS: NEXT?s policy allows our consignors to determine if they wish to place a minimum bid or ?Seller?s Confirmation? on any lot. Not all reserved items are noted in the description ? auctioneers are given the authority to bid on behalf of the seller. IF RESERVE IS NOT MET, seller has the right to sell vehicle to the top bidder. You and you alone as an auction participant determine what you are willing to pay for all assets. PLEASE STOP BIDDING IF YOU FEEL YOU HAVE REACHED THE AMOUNT YOU ARE COMFORTIBLE PAYING IN FULL FOR YOUR PURCHASE. All other lots will be sold to the highest bidder. However, NEXT reserves the absolute right, at its sole and exclusive judgment, to withdraw any lot from sale, or add new lots to the sale at any time up to the item being declared sold. TITLES AND 3-DAY TEMPORARY VEHICLE TAGS: In some instances, Repossession Affidavits or court documents will be given in lieu of a title. These documents allow a buyer to obtain a valid title at any state authorized title agency. NEXT DOES NOT PRINT OFF OR MAKE AVAILABLE ANY TYPES OF TEMPORARY REGISTRATIONS or TAGS for persons paying for and picking up property. It is THE SOLE RESPONSIBILITY OF THE WINNING BIDDER TO PRINT OFF and POSSESS A PROPER and LEGAL TAG and REGISTRATION. NEXT nor any of its affiliates nor its principal are responsible for any costs, fines, or monetary penalties due to not having proper tags or registration necessary to legally drive property off any NEXT Auto Auction location. VEHICLE TITLE INFORMATION Arizona specifically identifies odometer mileage and brand of the cars on the title as one of each of the following categories: Odometer: ? BOX A ? Actual Mileage. ? BOX B ? Mileage exceeds the mechanical limits of the odometer. ? BOX C ? True Mileage Unknown. Brand: Left blank ? no brand, which means the State of Arizona has not recognized an incident to this vehicle that would brand it a salvage vehicle. This in NO WAY means that the state has not erred in recognizing a vehicle?s previous salvage brand or mileage discrepancies in another state. Please do your DUE DILIGENCE in researching the title status of a vehicle prior to bidding. Restored Salvage ? vehicle was previously salvaged and has been brought up to a road-worthy status per state regulations and requirements. Salvage ? vehicle has had one or more incidents (such as a total loss from theft/recovery, flood/water damage, fire, severe accident) such that its condition requires the state to brand the vehicle as not road-worthy. Please be aware that titles are mailed to your invoice address once payment is made and has cleared our bank. If available, titles can be picked up on Monday one week after the auction has ended. If a title is present the title is in the physical possession of Next Auto Auctions. It may take 3-5 business days to process and be sent by mail. A title delay may take up to 45 days to be received from the seller. If Next does not receive the title within the 45 day period, buyer has the right to return the vehicle at their own expense. Buyer acknowledges they are responsible for any repairs or monetary investment made to the vehicle even in the event that Next does not receive the title within the allotted 45 days. While this may not be the case on all titles, please understand the processing time. Auctioneer shall in no way be responsible for any losses, damages, attorney?s fees, costs of any kind, interest, punitive damages or any other type of damages resulting from such delay and Auctioneer shall have no liability to Purchaser or any subsequent purchaser for any title delays for any reason whatsoever. ARBITRATION: In the event a dispute shall arise between the parties, it is hereby agreed that the dispute shall be referred to an accredited arbitration service at the sole discretion of NEXT Auto Auctions. Arbitration shall be held in accordance with the applicable Rules of Arbitration. The arbitrator's decision shall be final and legally binding, and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award. BY PARTICIPATING IN ANY OF OUR AUCTIONS I (the customer) UNDERSTAND AND ACCEPT THE ABOVE TERMS AND CONDITIONS, ESPECIALLY THE KEY TERMS THAT ALL ITEMS ARE SOLD AS IS, WITH NO GUARANTEES OR WARRANTIES. I AM SOLELY RESPONSIBLE FOR DETERMINING THE IDENTIFICATION, CONDITION, AND/OR USE OF ALL ITEMS PURCHASED. REFUNDS WILL NOT BE ISSUED AS A RESULT OF ANY DESCRIPTIVE ERROR GIVEN BY THE AUCTIONEER OR AS A RESULT OF MY FAILURE TO PROPERLY IDENTIFY THE ITEM, ITS CONDITION OR USABILITY. I ACKNOWLEDGE THAT NEXT Auto Auctions IS NOT LIABLE FOR ANY INJURY OR LOSS TO MY GUESTS OR ME.