Dealer Registration - Central Maine Auction Center

AUTO AUCTIONS OF MAINE (CENTRAL AND SOUTHERN MAINE) DEALER APPLICATION

"*" indicates required fields

Step 1 of 4

Dealership Information

Name of Dealership*

Bus. Address*

Street Address City State / Province / Region ZIP / Postal Code

Bus. Phone*

Fax*

Mailing Address*

Street Address City State / Province / Region ZIP / Postal Code

EIN #*

Dealer License #*

State*

Copy of the Dealer license*

Max. file size: 256 MB.

Authorized Buyers

Name*

Title*

Phone #*

Email Address*

Home Address*

Street Address City State / Province / Region ZIP / Postal Code

Driver’s License #*

Copy of individuals license*

Max. file size: 256 MB.

Name

Title

Phone #

Email Address

Home Address

Street Address City State / Province / Region ZIP / Postal Code

Driver’s License #

Copy of individuals license

Max. file size: 256 MB.

Name

Title

Phone #

Email Address

Home Address

Street Address City State / Province / Region ZIP / Postal Code

Driver’s License #

Copy of individuals license

Max. file size: 256 MB.

CREDIT INFORMATION - All new dealers are limited to cash, wire ($15 transaction fee), or floor plans for purchases for at least 3 months before the auction will consider accepting business checks.

Floor Plan Company:*

Credit or Floor Plan Limit:*

Bank/Finance Company:*

Address:*

Street Address City State / Province / Region ZIP / Postal Code

Bank Contact:*

REFERENCES

Auction House:*

Auction Contact:*

Auction House:*

Auction Contact:*

I certify that the above information is true and accurate to the best of my knowledge and that I have the authority to register this Dealership with Auto Auctions of Maine.

Signature of Dealer*

Title*

Printed Name*

Date*

DEALER AGREEMENT

Dealer agrees that CMAC cannot and does not assume any responsibility for theft of: Vehicles, Accessories, or Personal Property. The titled owner of the stolen property must make claim to his own insurance company.
Dealer agrees that all amounts owed by Dealer or any of its subsidiaries and affiliated entities to CMAC are subject to the following terms and conditions.
Al amounts due CMAC are due and payable in full on auction day. If any amount is due to CMAC after this time, service late charges will be charged at $75.00 per unit and $1.00 per day per thousand owed.
Dealer shall pay CMAC a service charge in an amount equal to the greater of $100.00 or 5% of the check balance for all checks returned by Dealer's bank due to insufficient funds.
In the event the account is turned over to an attorney or other agency for collection, Dealer shall pay all collection costs and fees, including, but not by way of limitation, attorneys' fees, paralegal fees and court costs incurred by CMAC.
Dealer shall notify CMAC by mail of any change in the information that Dealer has provided regarding its application for credit.
Dealer warrants to CMAC that all financial information furnished for the purpose of obtaining credit is true, correct and complete in all material respects and Dealer authorizes CMAC to investigate all references furnished pertaining to the credit and financial responsibility of Dealer.
Dealer authorizes CMAC to make inquiry in, to request, and to receive any information concerning character, general reputation, personal characteristies, financial and credit information from creditors, banks, or proposed indebtedness and the undersigned authorizes any creditor, bank, credit union or other financial institution to divulge such information.
Dealer hereby grants a security interest in all vehicles and equipment that Dealer has purchased from CМАС but has not yet fully paid for.
For so long as Dealer owes CMAC any monies, Dealer hereby irrevocably grants CMAC, its agents employees and contractors, on foot or with vehicles, authority to enter Dealer's place of business and all other properties where vehicles and/or equipment purchased from CMAC may be stored or held for the purpose of inspection and/or repossession of said vehicles or equipment and all other actions related thereto.
When CMAC, in its sole discretion, determines that a vehicle, which has not yet been paid for, has been improperly sold or transferred to another person or entity by Dealer, Dealer hereby grants CMAC the authority to repossess all vehicles and/or equipment which the Dealer has committed to purchase from CMAC, but which Dealer has not yet paid for. Upon repossession CMAC may then proceed with all rights and remedies of a secured party pursuant to Maine's Uniform Commercial Code.
Dealer agrees that it is bound by each and every of the latest Terms of Auction published by CMAC and agrees to inquire not less than monthly of CMAC for the latest terms and further agrees to object in writing to any such terms that the Dealer disagrees with. Dealer's participation in all subsequent auctions however, shall be deemed as Dealer's agreement with all Terms of Auction regardless of Dealer's objections to the same.
Dealer represents and warrants that the title to each vehicle sold by Dealer through CMAC dealers exchange will be good and is, or immediately will be, free and clear of all liens and encumbrances.
Dealer certifies that each vehicle purchased through CMAC shall be resold by Dealer in accordance with the tax laws of the State of Maine.
Dealer acknowledges that CMAC shall have the right to refuse to transact business with Dealer in its sole discretion.
Dealer represents and warrants that each of its Dealer Representatives has read, fully understands, and agrees to abide by the terms of this document and shall be fully responsible for Dealer's representative's compliance with the same.

Witness*

DEALER'S SIGNATURE*

By:*

Title:*

Print Name:*

Witness*

DEALER'S SIGNATURE*

By:*

Title:*

Print Name:*

COPY OF DEALER'S LICENSE*

Max. file size: 256 MB.

COPY OF RESALE CERTIFICATION*

Max. file size: 256 MB.

GUARANTY

The undersigned unconditionally guaranties and agrees to immediately pay to CMAC all amounts due to CMAC by Dealer under the terms of this document.

It is understood that this guaranty shall be an absolute, continuing and irrevocable guaranty for such indebtedness of the Dealer.

Each of the undersigned expressly waive all suretyship defenses of every type and nature, presentment, demand, protest, notice of protest, dishonor, diligence, notice of default or nonpayment, notice of acceptance of this guaranty, notice of the extending of any guarantied indebtedness already or hereafter contracted for by the Dealer, notice of any modification or renewal of any agreement evidencing the indebtedness hereby guarantied, notice of any renewal or extension of such indebtedness. I further waive any right to require CMAC to proceed against, or make any effort at collection of the guarantied indebtedness from the Dealer or any other party liable for such indebtedness. The undersigned shall be liable as principal debtor and not merely as surety, and the bankruptcy or any assignment in favor ofcreditors of Dealer shall not affect the enforceability of this guaranty.

If the guarantied indebtedness is not paid by me when due, I (we) shall pay all collection costs, including attomeys' fees, paralegal fess, and court costs and all other costs and fees incurred by CMAC.

In the event more than one party executes this Guaranty as a guarantor, then each guarantor agrees to be jointly and severally liable for the guarantied indebtedness. In all instances herein, the singular shall be construed to include the plural

The undersigned acknowledges that CMAC Auto Auction-Dealers Exchange shall have the right to refuse to transact business with Dealer, to modify or release any and all collateral security, to extend or change time of payment and to settle or compromise with Dealer without notice to the undersigned and without discharging or affecting the liability ofthe undersigned thereunder. This guaranty is to be a continuing guaranty and the undersigned hereby waives notice of acceptance ofthis guaranty and presentment, demand, protest, and any notice of non-payment or dishonor. The undersigned shall be liable as principal debtor and not merely as surety, and the bankruptcy or any assignment in favor of Creditors of Dealer shall not affect the enforceability of this Agreement.

The document shall bind the respective heirs, executors, administrators, and assigns of the undersigned, and shall ensure to the benefit of CMAC, its successors, assigns, and subrogees./

Where there is more than one signatory to this agreement, each signatory shall be jointly and severally liable.

(IN WITNESS WHEREOF) the undersigned have hereunto set their hands and seals this*

Witness*

GUARANTOR'S SIGNATURE IF GUARANTOR IS A COMPANY

By:*

Print Name:*

Title:*

Witness*

IF GUARANTOR IS AN INDIVIDUAL

Print Name:*

Individually

Witness*

IF GUARANTOR IS AN INDIVIDUAL

Print Name:*

Individually

CENTRAL MAINE AUCTION CENTER - DEALERS EXCHANGE

44 Concord Drive, Hermon, Maine 04401
(207) 848-7027 Fax: (207) 848-7027

State of Maine

County of Penobscot

Power of Attorney

Dealer Consignor Name*

(Dealer-Consignor) does hereby duly authorize Central Maine Auction Center- Dealers Exchange and/or its employees to act as our Agent to sign all papers and documents that may be necessary pertaining to the sale and subsequent title transfer of the vehicles owned by Consignor and consigned to Central Maine Auction Center - Dealers Exchange for sale, including without limitations, any title transfer documents, reassignments, or odometer disclosure statements as required by federal or state law state laws.

In consideration of Central Maine Auction Center - Dealers Exchange's agreement to execute such documents on Consignor's behalf from time to time, Consignor shall indemnify, defend and hold harmless Central Maine Auction Center - Dealers Exchange its affiliates, subsidiaries, officers, directors, employees. expenses of whatever kind and nature, arising from the execution of transfer of ownership of 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 to Consignor to indemnify Central Maine Auction Center - Dealer Exchange from any loss resulting from any gross negligence or willful misconduct of Central Maine Auction Center- Dealers Exchange or its employees or agents.

Consignor further agrees to guarantee and save the authorities of any state requested to process such transfer of title, from all responsibility with respect to this Title Clerk Authorization.

WITNESS MY HAND AND SEAL

Print Name of Dealer/Consignor*

Affixed this day of*

Signature*

Notary Public*

(Print name and Title of Person Signing)*

My commission expires:*