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Pedernales Electric Cooperative

Pedernales Electric Cooperative

Johnson City, Texas

 

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.         

 

No Warranties. All property is offered for sale “AS IS, WHERE IS”. Pedernales Electric Cooperative (seller) makes no warranty, guaranty or representation of any kind, express or implied, oral or written, and all implied warranties as to the merchantability or fitness for any particular propose of the property offered for sale are hereby excluded and disclaimed. Seller is not liable for any special, incidental or consequential damages, including, without limitation, personal injury, property damage, damage or loss of equipment, lost profits or revenue cost of renting replacements or other additional expenses.

 

Final Sales.  Please note that upon payment of the property, all sales are final. There will be no refunds after payment is received.

 

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 items offered for sale are used and may contain defects not immediately detectable. Bidders may inspect the property during the designated pick-up dates and times indicated in the item description.

 

Consideration of Bid. Pedernales Electric Cooperative 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 prior to pickup. Buyer certificate must be presented at time of payment.  Local sales tax applicable to pickup location will be added to winning bid.  Sales tax will be waived with presentation of Texas sales tax exemption certificate. 

 

Acceptable forms of payment include U.S. currency, major credit card, money order, cashier and travelers check.  No personal or business checks.

 

Buyer Certificate and payment receipt must be presented at pickup.

 

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 by the designated pick-up dates and times indicated in the item description.  Purchases will be released only upon receipt of payment as specified.  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 Pedernales Electric Cooperative assume responsibility for packing, loading or shipping.  See special instructions on each auction page for removal details. All items that have not been claimed by the designated pick-up dates and times will be discarded or re-auctioned on the next business day.

 

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 website.  Open titles cannot be issued. Pedernales Electric Cooperative 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 by the next business day after the designated pick-up dates and times.

 

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 may be subject to payment of State and/or local sales and/or use tax. Buyers are responsible for contacting the appropriate tax office, completing any forms, and paying any taxes that may be imposed.

 

Sales to Employees.  Employees of the Pedernales Electric Cooperative may bid on the property listed for auction, so long as they do NOT bid while on duty.