DEAR DEALER,

IN ORDER FOR US TO PROVIDE ADDITIONAL SECURITY AGAINST UNAUTHORIZED ENTRANTS TO THE WEST GATE AUTO AUCTION, WE REQUEST THAT YOU INCLUDE THE NAMES OF YOUR AUTHORIZED SALES REPRESENTATIVES. THESE NAMES WILL BE AUTHORIZED TO BUY WITH CHECKS AND/OR DRAFTS. PLEASE NOTE THAT YOU BEAR FULL RESPONSIBILITY FOR THEIR ACTION AT WEST GATE AUTO AUCTION BY ALLOWING THEM TO USE YOUR LICENSE. DEAR DEALER,  IN ORDER FOR US TO PROVIDE ADDITIONAL SECURITY AGAINST UNAUTHORIZED ENTRANTS TO THE , WE REQUEST THAT YOU INCLUDE THE NAMES OF YOUR AUTHORIZED SALES REPRESENTATIVES. THESE NAMES WILL BE AUTHORIZED TO BUY WITH CHECKS AND/OR DRAFTS. PLEASE NOTE THAT YOU BEAR FULL RESPONSIBILITY FOR THEIR ACTION AT BY ALLOWING THEM TO USE YOUR LICENSE.

Sole Proprietorship / Corporation of the State of Georgia (herein after referred to as “Dealer”);

In consideration for good and valuable consideration, the Dealer herby represents, covenants, warrants and agrees to WEST GATE AUTO AUCTION, as follows:

a) Dealer is presently licensed to sell new and/or used automobiles and in good standing under the laws of the State of Georgia as they may regulate such activity;

b) Dealer has never been known as, or been incorporated or carried on business or trade under or used any name other than the name appearing on the first page of this Agreement;

c) Dealer shall not change its name, its principal place of business or its chief executive officer without having given WEST GATE AUTO AUCTION, at least thirty (30) days prior certified written notice thereof;

d) Dealer warrants that the transfer of any funds pursuant to this Agreement shall be considered to be made a contemporaneous exchange for payment of a debt incurred in the ordinary course of business or financial affairs of the Dealer and made according to ordinary business terms. Dealer further warrants that the transfer is intended to create a constructive trust as to any such funds;

e) Dealer warrants and acknowledges that at no time does WEST GATE AUTO AUCTION, waive its right to reclamation under any circumstance. Any transfer of vehicles by Dealer without full and complete payment by the Dealer shall conclusively presume intent to misrepresent a material fact.

Should Dealer fail to tender cash or certified payment upon any vehicle or vehicles purchased through WEST GATE AUTO AUCTION, then WEST GATE AUTO AUCTION shall have the right at any time or times to:

(1) immediately bring an action for the full price along with consequential damages; or

(2) within ten (10) days written demand upon Dealer, reclaim the vehicle from the dealer and then sell, lease or otherwise dispose of the vehicle(s) without advertisement or publication (unless required by law) at public or private sale for cash, upon credit or upon such other terms as WEST GATE AUTO AUCTION deems advisable in its sole discretion and bring action for any deficiency along with all consequential damages. Dealer specifically waives any right to notification of sale or disposition. Dealer further agrees that any action it may bring against WEST GATE AUTO AUCTION for possession or non-delivery shall be limited to the amount of purchase price of the vehicle, if accepted, less auction costs and liquidated amount of one hundred dollars. Dealer further agrees that any action it may bring against WEST GATE AUTO AUCTION breach of warranty shall be a liquidated amount of one hundred dollars. In any action brought by or against Dealer, Dealer specifically waives any claim for consequential damages. The Dealer submits to the jurisdiction of Gordon County, Georgia as to any action or proceeding arising out of or related to any legal or equitable claim which WEST GATE AUTO AUCTION may have against the Dealer, including but not limited to the purchase or payment of automobiles from WEST GATE AUTO AUCTION and agrees not to bring action or proceeding arising out of or relating to any legal or equitable claim which WEST GATE AUTO AUCTION may have against the Dealer, including but not limited to the purchase or payment of automobiles from WEST GATE AUTO AUCTION in any other court. Each party waives any defense of inconvenience forum to the maintenance of any action or proceeding so brought. Each party agrees that a final judgment in any action or proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by law.

Should the Dealer become liable to WEST GATE  AUTO AUCTION, WEST GATE AUTO AUCTION shall be entitled to attorney’s fees of no less than fifteen percent (15%) of the principal and interest due and owing expenses in exercising any of the rights, remedies, powers or privileges provided hereunder.

further personally guaranty individually and equally bind any obligation hereunder upon the heirs, executors, administrators, successors and assigns. 

, (consignor) do hereby duly authorize WEST GATE AUTO AUCTION and/or its employees to act as our Agent to sign all papers and documents that may be necessary to the sale and subsequent title transfer of the vehicles owned by consignor and consigned to WEST GATE AUTO AUCTION for sale including without limitation any title, title transfer documents, reassignment or odometer disclosure statements as required by federal or state law. In consideration of WEST GATE AUTO AUCTION agreement to execute such documents on Consignor’s behalf from time to time, Consignor shall indemnify, defend and hold harmless WEST GATE AUTO AUCTION, its affiliates, subsidiaries, officers, directors, employees, successors and assigns from any and all loss, damages, liabilities, claims, causes of action and expenses of whatever kind and nature arising from the execution transfer of ownership of any consigned vehicle of the execution by WEST GATE AUTO AUCTION or its employees or against any certificate of title, odometer statement, bill of sale or other document necessary to transfer ownership of a consigned vehicle. Notwithstanding the foregoing, nothing contained herein shall be construed to require Consignor to indemnify WEST GATE AUTO AUCTION from any loss resulting from any gross negligence or to indemnify WEST GATE AUTO AUCTION or its employees or agents. Consignor further agrees to guarantee and save the authorities of any state requested process such transfer of title from all responsibility with respect to this Title Clerk Authorization.  Authorization.