CrankyApe.com
Eligibility And Authorized Use
Use of CrankyApe.com is limited to persons who may lawfully enter into and form contracts under applicable law. For example, minors are not allowed to enter bid contracts. By using CrankyApe.com, you warrant or certify that:
- You are at least 18 years of age (or older, if required by applicable law) and possess the legal authority to enter into this Agreement.
- You agree to be financially responsible for all of your use of CrankyApe.com (as well as for use of your account by others, including without limitation minors living with you).
- You agree to supervise and be responsible for all usage of minors of CrankyApe.com under your name or account. - All information supplied by you or members of your household in using CrankyApe.com, including without limitation your name, email address, street address, telephone number is true and accurate. You Agree to pay all penalties, damages, losses, attorney's fees, and expenses incurred by CrankyApe.com in the event you do not provide accurate information.
- Any unit labeled as FDPO (For Dealer Purchase Only) may only be bid on and won by a licensed dealer.
- Notwithstanding the foregoing or any other provision of this Agreement, CrankyApe.com reserves the right to refuse any bid for any reason in its sole discretion.
Buying
As a buyer, you are obligated from the time you place your offer or bid to complete any purchase for which your offer is accepted or your bid represents a winning bid in accordance with the specifications of CrankyApe.com. You may not retract any offer or bid. You may not influence or manipulate the offering or bidding process to compel other buyers to accelerate their offers or bids or hamper others from offering or bidding without interference.

Upon submitting a bid you are agreeing to our terms and conditions, have read our FAQ, understand the payment methods/fees, acknowledge timeline for pick up and are aware that ALL UNITS ARE SOLD AS IS despite what is written or not written in the description. We make a good faith effort to accurately describe each item, however there may be hidden damage or we may unintentionally miss damage that may appear obvious to the buyer.
Fees
CrankyApe.com reserves the right to charge various fees to buyers for the use of any and all services of CrankyApe.com, including, but not limited to, sale and/or auction listings, 4% surcharge for credit card payments and transaction fees based on completed transactions using CrankyApe.com. CrankyApe.com further reserves the right to impose or change any and all fees from time to time. Buyers are responsible for any charges, duties, taxes, and assessments arising out of their use (and the use by another acting as an agent of a buyer or over whom a buyer has control) of CrankyApe.com. CrankyApe.com reserves the right to charge fees to buyers for their use of any inspection services offered by CrankyApe.com. Further, CrankyApe.com has the right to charge storage fees for each item that is not recovered by the winning bidder in a timely fashion. You have 14 days from the auction end date to pick up the unit(s) purchased. Each day past the 14th day is subject to a $25 per day storage fee per unit. If you are planning to store the unit(s) with us for an extended period, arrangements must be made prior to the expiration of your 14 days of free storage. CrankyApe.com shall notify the winning bidder by email of any pending storage fees and thier need to recover said units from the Crankyape.com warehouse. Any unit paid for and determined to be abandoned by CrankyApe.com shall be treated as "Abandoned Property" and CrankyApe.com will initiate the proper legal process to sell the items to recover fees associated with the storage of the unit.
Terms Of Sale
If your offer is accepted or you place the winning bid in an auction, you must tender payment to CrankyApe.com within three (3) days following the close of the auction in which your offer was accepted or you placed the winning bid. Payment is required to be made in the form of cash or a federal wire transfer of immediately available funds, and must be made payable to Midwest Recreational Clearinghouse, for an amount equal to the full amount of the buyer's winning bid plus listed transaction fee, documentation fee and any applicable sales tax and title transfer fees.

It is assumed that as the winning buyer you provide power of attorney for all title transfers.

CrankyApe.com is also an Approved Auction through Automotive Finance Corporation (AFC). We will accept payment from AFC drawn against a credit account a dealer has in place with this lendor. Without limiting CrankyApe.com's discretion, no corporate checks without a bank guarantee and no personal checks will be accepted. No title shall pass to the buyer until the total amount of the winning bid has been paid to CrankyApe.com in collected funds.

If an item has not met the seller's reserve, the high bidder will have an exclusive opportunity to purchase that unit for the reserve price. If the high bidder does not choose to purchase the unit for the reserve price within that time frame, the unit will be moved to the "Buy It Now" page where it will be available for all registered members to purchase at the reserve price. After a period of time on the "Buy It Now" page, another option may appear to allow bidders to make another offer to the seller that can differ from the reserve. The top bid will be presented to the seller and the seller has the option accept that bid. The seller retains the right to lower the reserve price at their discretion. The seller retains the right to cancel the sale if no agreement is made in the event a unit does not meet the reserve. All offers are considered to be final. Once a purchase agreement has been made the winning bidder's payment will be due on the third day following the agreement date.

If an item is posted on auction with a waiver reserve, this auction will always have a winner as long as there is a bidder. People bid on the unit just like they would on a normal unit with a reserve. At the end of the auction if the waiver reserve value is not met, the unit will go to the "Buy It Now" page for an allotted amount of time. If no bidder decides to purchase the unit for the waiver reserve during the time spent on the "Buy It Now" page, the high bidder will win the unit by default at the value of their high bid. In other words, you might not meet the waiver reserve, but you could still end up winning the unit for your bid amount.

If an item has met reserve and CrankyApe.com fails to receive the accepted offer or winning bidder's payment on the third day following the close of the sale or auction in which the buyer submitted the accepted offer or winning bid, the accepted offer or winning bid shall be deemed null and void effective at 12:01 am Central Time on the following day.

If the buyer defaults in making timely payment or in any other respect whatsoever, CrankyApe.com shall be held harmless against any and all related lawsuits and judgments arising there-from. You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges. With respect to applicable taxes, CrankyApe.com will advise you subsequently of the exact amount of tax due on your purchase.

If the item is not paid in full within the (3) day time period or if you, as a high bidder (buyer), convey to CrankyApe.com in any way that you are "backing out" of your responsibility to purchase a unit that you are the high bidder on with the reserve being met your bidding privileges will be revoked and the credit card you provided at registration will be charged the $1500.00 default fee or the full bid amount, whichever is less. If partial payment of an item is received and the balance due is not paid in full within the (3) day time period, the remaining balance may be charged to the credit card supplied during the online registration. The default fee or amounts due to complete the payment in full will be applied to the credit card entered at the time of online registration.
Modification Of This Agreement
CrankyApe.com reserves the right to amend this Agreement at any time. All modifications and amendments will be posted on the CrankyApe.com website, and you are responsible for regularly reviewing and understanding these modified or amended terms and conditions. Unless otherwise specified by CrankyApe.com or by law, any modifications or amendments shall be effective immediately upon posting to this site.
Auction Holds and Cancellations
In rare cases, auctions may need to be put on hold or cancelled due to bankruptcy or other legal issues as provided by the consignor. If this or any other unforeseen legal issue occurs during an active auction, the sale lot may be put on hold or removed completely as deemed necessary by CrankyApe.com. No bidders will be held to their bids if the unit has been put on hold or cancelled. If/when the unit has been cleared for sale again, CrankyApe.com may extend the current auction or re-run the unit at a later date. CrankyApe.com reserves the right to put on hold or cancel any auction at any time up to the closing time of the auction.
Links To And From Third Party Sites
CrankyApe.com may contain hyperlinks to web sites of affiliates and advertisers. These linked sites provide services of affiliates and advertisers who are independent of CrankyApe.com. CrankyApe.com provides these links to you solely as a convenience, and the inclusion of any link does not imply endorsement by CrankyApe.com of the site or any association with its operators. The linked sites are not under the control of CrankyApe.com and CrankyApe.com is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. CrankyApe.com is not responsible for web casting or any other form of transmission received from any linked site.
No Unlawful Or Prohibited Use
As a condition of your use of CrankyApe.com, you warrant that you will not use CrankyApe.com for any purpose that is unlawful or prohibited by this Agreement. You may not use CrankyApe.com in any manner that could damage, disable, overburden, or impair CrankyApe.com or any user of CrankyApe.com, or interfere with any other party's use of CrankyApe.com.

It is your responsibility to determine whether the purchase of any listed item is legally permissible. CrankyApe.com is for the sale of salvaged, bank repossessed and lease returned recreational equipment.
Use of Information Provided by Users to CrankyApe.com
When you register to become a user of CrankyApe.com, you provide us with information about you and your business. CrankyApe.com's primary goal in collecting information is to facilitate the sale of an item listed on the CrankyApe.com website. You are sharing the information that you provide with CrankyApe.com alone, unless it is specifically stated otherwise. We also provide to buyers the information necessary to facilitate the sale or auction transaction between the buyer and CrankyApe.com. CrankyApe.com may disclose from time to time aggregated user statistics that do not identify individual users in order to describe our services to prospective partners, advertisers, and other third parties, and for other lawful purposes. CrankyApe.com may disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating CrankyApe.com's Terms and Conditions of Use of this Site or may be causing injury to or interference with (either intentionally or unintentionally) CrankyApe.com's rights or property, other CrankyApe.com users, or anyone else that could be harmed by such activities. CrankyApe.com may disclose or account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services.
Governing Law
This Agreement is governed by the laws of the Commonwealth of Minnesota, located in the United States of America. You hereby consent to the exclusive jurisdiction and venue of courts in Washington County, Minnesota, U.S.A., in all disputes arising out of or relating to the use of CrankyApe.com. Use of CrankyApe.com is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CrankyApe.com as a result of this Agreement or your use of CrankyApe.com. CrankyApe.com's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of CrankyApe.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of CrankyApe.com or information provided to or gathered by CrankyApe.com with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and CrankyApe.com with respect to CrankyApe.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CrankyApe.com with respect to CrankyApe.com. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
No Professional Advice
Any information supplied by any employee or agent of CrankyApe.com, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the buying services offered through CrankyApe.com, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
No Warranty
CrankyApe.com provides its products and services "as is" and without any warranty or representation as to condition, express or implied. All implied warranties of title, merchantability, fitness for a particular purpose and non-infringement are specifically disclaimed unless otherwise stipulated by law. Inspect vehicles closely for year, make, and condition before bidding. CrankyApe.com does not guarantee vehicles; rather the buyer is responsible to verify condition & mileage. Years posted are not guaranteed.
No Guarantee of Continuous Operation
CrankyApe.com will endeavor to use diligent and reasonable efforts to maintain the security and operational integrity of the website. However, numerous factors outside the control of CrankyApe.com may interfere with the operation of its web site, and accordingly, CrankyApe.com does not guarantee continuous, uninterrupted or secure access to its services.
Indemnification
CrankyApe.com is not responsible for any communication or transaction among users. As a user, you agree to release, indemnify and hold harmless CrankyApe.com and its officers and employees from any and all claims, demands and damages (whether actual and/or consequential), including reasonable attorney's fees, resulting from or associated in any way with your use of CrankyApe.com, your violation of this Agreement or any applicable laws or regulations, or your violation of any rights of another.
Right to Independent Action
CrankyApe.com reserves the right, in its sole discretion, to take any independent action it concludes is necessary or desirable to protect the interests of CrankyApe.com and eliminate or mitigate any potential liability or injury to any party which may arise.
No Waiver
The failure of CrankyApe.com to enforce any terms of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
Winterization
At CrankyApe.com we make every attempt to winterize all vehicles that need to be winterized. We may not be able to winterize all of the vehicles. You as the buyer must make sure the unit is winterized to your satisfaction before it leaves our heated facility. If we have winterized the vehicle we will have that listed in the description of the auction, however we cannot guarantee the condition of the unit prior to the arrival at our location.
SALVAGE BUYER REQUIREMENTS
Texas Residents All non-licensed salvage buyers in Texas are considered "casual buyers" under Texas law when purchasing items that are warehoused at the MRC-Texas location. A casual buyer may purchase no more than five (5) "Junked" or salvage motor vehicles in a calendar year from the MRC-Texas warehouse. The casual owner of a "Junked" (if applicable) or salvage motor vehicle for which a Non-repairable or Salvage Vehicle Title or comparable out-of-state ownership document has been issued may sell, transfer, or release ownership of the motor vehicle only after a Rebuilt Salvage Title has been issued in the owner’s (buyer’s) name. A "Junked" (not Salvage) motor vehicle for which a Non-repairable Vehicle Title was issued on or after September 1, 2003, may not be rebuilt, re-titled, or registered under any circumstances. A motor vehicle titled under one of following salvage ownership documents may be rebuilt, reconstructed, re-titled, and registered:

- Texas salvage ownership document issued prior to September 1, 2003 (Salvage or Non-repairable Certificate of Title or Salvage Certificate);
- Salvage Vehicle Title, issued on or after September 1, 2003; or
- Comparable out-of-state ownership document. All units purchased by Texas residents must be delivered by MRC. Please contact the MRC corporate office for complete details and rates.
Site outage during auction closing time
In the event of a site outage during closing time, the auctions that were not able to take new bids because of the outage may be extended, pending return of the CrankyApe.com site.
INDIANA LOCATION SALES TAX REQUIREMENT
We are required by Indiana Sate Law to collect 7% sales tax on any vehicle picked up within Indiana. You will receive a form showing what sales tax you have paid on your vehicle and you will present this form to your home state when registering your vehicle. Indiana will then transfer that sales tax to your state. The only exceptions to this rule are the states or Arkansas and Alabama. These two states do not have a reciprocal sales tax agreement with Indiana. There may be other states that do not have reciprocal agreements so please research with your state BEFORE bidding. On vehicle sales where shipping is arranged by the buyer Indiana sales Tax is required. Also, sales tax is not collected on vehicles sold to another dealer if the dealer can provide a copy of a valid resale certificate for their home state.