City of Kettering, Ohio
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 Kettering (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 City of Kettering 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.
Inspection. Items will be available for inspection Monday through Friday between 8:00am and 4:00 pm. Most items offered for sale are used and may contain defects not immediately detectable. Bidders are encourage to and may inspect the property prior to bidding. Bidders must adhere to the inspection dates and times indicated. Please contact: City of Kettering - email: firstname.lastname@example.org.
Consideration of Bid. City of Kettering 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 within 5 business days from the auction closing date and must be made prior to the time of pick-up. Acceptable forms of payment are:
· US Currency
· Cashier’s Check
· Money Order
Checks and money orders shall be made payable to: City of Kettering. Payments shall be made at or mailed to:
City of Kettering Finance Department
3600 Shroyer Road
Kettering, OH 45429
Removal. All items must be picked up within 10 business days from the auction closing date, between 8:00am and 4:00pm, Monday through Friday. Any items not picked up during the scheduled periods above will be charged a daily storage fee of $10. This charge will be assessed until the items are picked up. Purchases will be released only upon receipt of payment as specified. Successful bidders are responsible for loading and removal of any and all property awarded to them from the place where the property is located as indicated on the website including packing, loading and transportation of the property. Under no circumstances will City of Kettering assume responsibility for packing, loading or shipping. For additional information, please contact: City of Kettering - email: email@example.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. City of Kettering will not issue replacement titles.
Default. The 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, keep all proceeds and resell all items not removed by Buyer within 40 business days from the auction closing date. 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.
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. The Bidders further agrees that the laws of the State of Ohio, excluding Ohio’s conflict of law provisions, shall govern this transaction and that the courts of the State of Ohio have exclusive jurisdiction over any dispute arising out of this transaction. Bidder also agrees to be contacted in the future regarding new auctions.
State/Local Sales and/or Use Tax. Buyers may be subject to payment of State and/or local sales and/or use tax. City of Kettering is not responsible for collection of taxes. 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 City of Kettering may bid on the property of City of Kettering, provided that they do not bid while on duty. Any officer or employee participating in the determination that property is surplus shall not bid for its purchase.