City of Virginia Beach
Virginia Beach, Virginia
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. The City of Virginia Beach (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. No additional parts, manuals, etc. will be available for the equipment if not in the equipment. 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 City of Virginia Beach shall not exceed the actual purchase price of the property. Please note that upon removal of the property, all sales are final.
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. Bidder shall assume the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of the Bidder, its agents or employees under or in connection with this sale. Bidder shall hold harmless and indemnify City and its agents, volunteers, servants, employees and officers from and against any and all claims, losses or expenses, including but not limited to attorney’s fees, which either or both of them may suffer, pay or incur as the result of claims or suits due to, arising out of or in connection with any and all such damages, real or alleged. Bidder shall upon written demand by City, assume and defend at Bidder’s sole expense any and all such suits or defense of claims. Any and all suits for any claims or for any and every dispute arising out of a sale shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach.
Inspection. Most items offered for sale are used and may contain defects not immediately detectable. Bidders may inspect the property prior to bidding however, maintenance and repair records will not be supplied. Bidders must adhere to the inspection dates and times indicated in the item description. See special instructions on each auction page for inspection details. Vehicle and Equipment are available for inspection every Friday between 8:00am– 12:00pm and 1:00pm – 3:00pm at the City garage.
Consideration of Bid. The City of Virginia Beach reserves the right to reject any and all bids and 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:
·U. S. Currency
· Certified Cashier’s Check Only (Business or Personal Checks will not be accepted.)
·Money Order
·Credit Card- Discover Card, American Express, and MasterCard
Certified Checks and Money Orders shall be made payable to: City of Virginia Beach Treasurer. Payments shall be made at the City of Virginia Beach Treasurer’s Office located on the first floor of City Hall Bldg 1 at the Municipal Center, 2401 Courthouse Drive VA Beach, VA 23456, or at one of the Treasurer’s branch offices. Purchasing or any other City agency outside of the Treasurer shall not accept payments. Payment arrangement is the responsibility of the bidder. Transfer of ownership shall occur at the time of payment. Upon transfer of ownership, the City of Virginia Beach shall bare no risk and/or liability for items purchased. Please have your Bidders Certificate with you at the time of payment. Non local Bidders sending in payment via overnight express delivery service, notify Rose Weaver at RWeaver@vbgov.com and mail payment to the City of Virginia Beach Treasurer – Attn: Auctions – 2401 Courthouse Dr. – Virginia Beach, VA 23456.
Escrow Payment. When the purchase price (of a single item or the aggregate purchase price of multiple items) totals $5,000 or greater, the Seller may require a down payment from the winning Buyer. This non-refundable fee will be 20% of the total purchase price. When the Seller exercises this option, the Buyer will have 48-hours from the time of issuance of the Buyers Certificate, to comply with this requirement. If Buyer fails to comply with this requirement within the stated time frame, the Seller can declare Buyer in default, bar them from further bidding and have them removed from the GovDeals system. If Buyer is in default, Seller may negotiate with next closest bidder, re-list at another auction and/or pursue all legal proceedings. All monies collected in escrow, will be deducted from total monies due at time of final payment.
Removal. All items must be removed within 10 business days from the time and date of issuance of the Buyer’s Certificate. Purchases will be released only upon receipt of payment as specified. Successful bidder must show proof of official receipt from City Treasurer’s office before any sold equipment will be allowed out of the gate. If successful bidder requires a third party to perform removal of item, the bidder must provide the proof of original receipt and letter authorizing the third party to perform removal of item on successful bidder’s behalf, and they must provide ID as well from the original bidder. Successful bidders are responsible for loading and removal and any and all property awarded to them. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Removal of non operational items are the sole responsibility of the Bidder. Under no circumstances will the City of Virginia Beach assume responsibility for packing, loading or shipping. Private vehicles will not be permitted to enter the drive in the gates of the City Garage. All visitors must park outside of the gates or in the employee parking area and walk thru the gate. Equipment may be picked up Monday through Friday, between 8:00 A. M. – 12:00 PM and 1:00 - 3:00 P. M. by appointment only. Please contact Isena Garcia at igarcia@vbgov.com to make an appointment. Any items remaining on the premise at the close of business will be at the risk of the successful bidder. See special instructions on each auction page for removal details. A daily storage fee of $20.00 a calendar day may be charged for any item not removed within the 10 business days allowed and stated on the Buyer’s Certificate.
Vehicle Titles. Seller will issue a title or certificate upon receipt of payment per Virginia Code 46.2-628. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. The City of Virginia Beach 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. If the Buyer fails in the performance of their obligations, Seller may exercise such rights and may pursue such remedies as are provided by law. Seller reserves the right to reclaim and resell all items not removed by Buyer thirty (30) days from the expiration of specified removal date.
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 of each item listed on GovDeals.
State/Local Sales and/or Use Tax. Buyers shall be subject to local sales and/or use tax for all non-titled goods. Buyers shall be subject to a payment of the current 5% VA State and/or local sales and/or use tax, this sales and/or use tax will be 6% after July 1, 2013. Buyers are responsible for contacting the appropriate tax office, completing any forms, and paying any taxes that may be imposed. Buyers that are tax exempt shall contact the City of Virginia Beach immediately upon receiving notification of award from GovDeals, and prior to making payment, and provide the City with a tax exempt number and/or certificate. If Buyer does not contact the City of Virginia Beach immediately they shall be liable for paying all taxes.
Sales to Employees. Employees of the City of Virginia Beach may bid on the property listed for auction, so long as they do NOT bid while on duty and if the purchase price does not exceed $500.