Online Sales – Terms and Conditions
All bidders and other participants of this auction agree that they have read and fully understand these terms and agree to be bound thereby.
Guaranty Waiver. All property is offered for sale “AS IS, WHERE IS.” City of Tallahassee, FL (Seller) makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. The Buyer is not entitled to any payment for loss of profit or any other money damages – special, direct, indirect, or consequential.
Description Warranty. Seller warrants to the Buyer that the property offered for sale will conform to its description. Any claim for misdescription must be made prior to removal of the property. If Seller confirms that the property does not conform to the description, Seller will keep the property and refund any money paid. The liability of the seller shall not exceed the actual purchase price of the property. Please note that upon removal of the property, all sales are final.
Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees that they have read, fully understand and accept these Terms and Conditions of Online Sales, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified. These Terms and Conditions are displayed at the top of each page for each item listed on GovDeals.
Personal and property risk. Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the seller and GovDeals from liability therefore.
Inspection. Most assets offered for sale are used and may contain defects not immediately detectable. Bidders may inspect the property prior to bidding. Bidders must adhere to the inspection dates and times indicated in the asset description. See special instructions on each asset page for inspection details.
Consideration of Bid. “Sellers reserves the right, at its discretion, to reject any bid, or all bids, for any reason and, at any time, to withdraw from sale any of the items listed.”
Buyer’s Certificate. Successful bidders will receive a Buyer’s Certificate by email from GovDeals.
Payment. Payment in full is due not later than 5 business days from the time and date of the Buyer’s Certificate. Acceptable forms of payment are:
· Cashier’s Check
· Certified Check
· Money Order
· Traveler’s Checks
Checks shall be made payable to: City of Tallahassee. Payments shall be made at the location listed in the Buyer’s Certificate. Bidder forfeits sale of merchandise if payment is not received at the close of five (5) business days.
Removal. All items must be removed within 7 business days from the time and date of issuance of the Buyer’s Certificate. Following such time, a storage fee amounting to $20.00 per day per item will be assessed. Purchases will be released only upon receipt of payment as specified. Items will only be released to buyer or designee with a letter signed and dated by buyer appointing designee. When an item is not picked-up within the 7 business days given, the buyer will hold harmless the City of Tallahassee, Fl for any damages to item and any payments made by buyer will be forfeited. Successful bidders are responsible for loading and removal and any and all property awarded to them from the place where the property is located as indicated on the website and in the Buyer’s Certificate. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will Seller assume responsibility for packing, loading or shipping. Property may be removed between the hours of 9:00a.m. and 4:00p.m., Monday through Friday, excluding legal holidays. We do not entertain request to ship items large or small nor prepare items for shipping via common carriers.
If an item is not located on property owned or controlled by seller, loading and removal of that item shall be accomplished by buyer on a date and at a time mutually agreeable to the owner of such property; and buyer shall be liable to such owner, and shall indemnify and hold harmless Seller and its employees, for costs and expenses, including attorney’s fees and other cost of dispute settlement or litigation, claims, suits, and causes of action, of any kind, arising from or related to entry onto such property or removal of such item. Please call in advance to schedule a time for pick-up. For additional information, please contact Sloan James - (850) 891–5226 (office); (850) 891-5281 (fax); or e-mail: Sloan.James@talgov.com.
Vehicle Titles. Seller will issue a title or certificate upon receipt of payment. Titles may be subject to any restrictions as indicated in the item description on the GovDeals website. Open titles cannot be issued. The Seller will not issue replacement titles.
Default. Default shall include: (1) failure to observe these terms and conditions; (2) failure to make good and timely payment; or (3) failure to remove all items within the specified time. Default may result in termination of the contract and suspension from participation in all future sales until the default has been cured. Seller reserves the right to reclaim and resell all items not removed by Buyer thirty (30) days from the expiration of specified removal date. Any payments made by buyer will be forfeited and applied to the storage fee until such time when the storage fee exceeds the purchase price.
State/Local Sales and/or Use Tax. Buyers will be subject to payment of local sales tax in the amount of 7.5%.
Sales to Employees. Employees of Seller, whether full-time, part-time or temporary, may bid on the Seller’s property.