County of Henrico
Online Sales – Terms and Conditions
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.
Guaranty Waiver. All property is offered for sale “Sold As Is – No Warranty” at the point shown. County of Henrico (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. Those submitting bids are expected to examine the property and determine for themselves the information they desire concerning it. The Buyer is not entitled to any payment for loss of profit or any other money damages – special, direct, indirect, or consequential.
Conflict of Interest. In accordance with the terms of the State and Local Government Conflict of Interests Act, Virginia Code, Sections 2.2-3100 through2.2-3127, the following provisions apply to the sale of surplus County property.
(1) Employees of an agency or office, including members of their immediate family, may not participate in the purchase from the County of any property which has been declared surplus by that agency or office and which is sold by public auction or through competitive sealed bidding.
(2) Employees of the Department of General Services - Central Automotive Maintenance, as well as members of their immediate family, may not participate in the purchase from the County of any automotive equipment sold at public auction or through competitive sealed bidding.
(3) Employees of the Department of General Services - Purchasing Office, as well as members of their immediate family, may not participate in the purchase from the County of any item which is sold at public auction or through competitive sealed bidding.
(4) Any County employee, regardless of his or her position, agency, or office, who has acquired, by reason of his or her position, confidential information about the property being sold, and which information is not available to the public. May not participate in the purchase from the County of any property (about which he has acquired confidential information), which is sold at public auction or through competitive sealed bidding.
(5) All County employees may purchase property from the County, which is offered for sale at uniform prices available to the public.
(6) In paragraphs (1) through (3) above, the term "immediate family" means a spouse and any other person residing in the same household as the officer or employee, who is a dependent of the officer or employee or of whom the officer or employee is a dependent. "Dependent" means a son, daughter, father, mother, brother, sister, or other person, whether or not related by blood or marriage, if such person receives from the officer or employee, or provides to the officers or employee, more than 1/2 of his financial support.
Questions concerning the application or interpretation of the State and Local Government Conflict of Interests Act with respect to the purchase or surplus property should be directed to the office of the Commonwealth Attorney or the County Attorney.
Description Warranty. The description of property offered for sale has been compiled from available data, but there is no guaranty or warranty on the part of the County as to condition or quality, or that the property offered or a portion thereof may not be withdrawn prior to the sale. The County can furnish no service of any kind and any cost of weighing, the bidder shall assume packaging, crating, loading, or hauling unless otherwise indicated. Bidders are invited and urged to inspect the property before submitting their bid. The responsibility as to the condition of the property rests with the bidder. Under no circumstances will a refund or adjustment be made because property not coming up to the standard expected, nor will failure to inspect be considered grounds for such claim. Please note that upon removal of the property, all sales are final, no refunds, no returns, and no exchanges.
Inspection. Most items offered for sale are used and may contain defects not immediately detectable. Bidders may inspect the property prior to bidding. Property may be inspected between the hours of 8:00a.m. and 3:00p.m., Monday through Friday, excluding legal holidays. For information, please contact the agency representative listed in “Special Instructions”.
Personal and property risk. Persons attending during inspection, 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. The purchaser is to assume all liability for the property after the award is made. The County will exercise its usual care for protection up to the time of removal, but will not be responsible for any loss or damage whatsoever. No property may be removed by the purchaser prior to full payment of the purchase price.
Consideration of Bid. Seller reserves the right to reject any and all bids and to withdraw from sale any of the items listed and/or to waive all technicalities.
Buyer’s Certificate. Successful bidders will receive a Buyer’s Certificate by email from GovDeals.
Buyers Premium. If a Buyers Premium is shown on the auction page bidder box, then that amount (expressed as a percentage of the final selling price) will be added to the final selling price of all items in addition to any taxes imposed.
Payment. Payment in full is due not later than 5 business days from the time and date of the Buyers Certificate. Payment must be made electronically through the GovDeals Website. Acceptable forms of payment are:
· Wire Transfer
· American Express
PayPal and Credit Card purchases are limited to below $5,000.00. If the winning bid plus applicable taxes, if any indicated, and the buyer's premium, equals more than $4,999.99, PayPal and Credit Cards may not be used. If Wire Transfer is chosen, a Wire Transfer Transaction Summary page will provide payment and account information. The Wire Transfer must be completed within 5 days.
Sales Tax. State of Virginia sales tax of 5.0% of the final purchase price will be collected at time of payment, unless successful bidder can furnish tax exemption certificate or information.
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 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 8:00 a.m. and 3:00 p.m., Monday through Friday, excluding legal holidays. Please contact in advance to schedule time for pick-up. For information, please contact the agency representative listed in “Special Instructions”. The successful bidder must assume all liability that may be incurred in connection with the removal of the property from the premises. If the purchaser does not remove the property purchased within the specified number of days after date of the award, the County of Henrico reserves the right to retain the purchase price and re-sell the property a second time, keeping any proceeds obtained.
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. County of Henrico 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 purchaser fails to pay for the property within ten (10) days the property purchased may be promptly re-sold in such manner as the Director may elect and the defaulting purchaser charged with loss to County, if any, together with all expense of the sale. Seller reserves the right to reclaim and resell all items not removed by the specified removal date.
Authority to restrict or suspend. Current and future participation in public auctions is subject to the laws governing removal and suspension. The Purchasing Manager may restrict or suspend any person or firm from participation in the public sale of county-owned property who fails to complete transactions from bid. Reasons for removal or suspension includes, but is not limited to the following reasons:
1. Failure to pay for all items awarded.
2. Failure to remove all items awarded and paid for from county property with the time allowed.