Incorporation by Reference of User Agreement. These Terms and Conditions are specific to this auction and supplement our standard User Agreement applicable to all bidders on our marketplace. You hereby acknowledge and agree to the most recent User Agreement which are hereby incorporated by reference into these Terms and Conditions specific to this auction. In the event of a conflict between these Terms and Conditions specific to this auction and our standard User Agreement, these Terms and Conditions shall control. A link to our most current version of User Agreement can be found on the Site Map which can be accessed at the bottom of each page on our marketplace website.
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City of Philadelphia

Philadelphia, Pennsylvania

 

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.

 

Condition and Location of Property. All property is offered for sale "as-is, where-is.” City of Philadelphia makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability, quantity, kind, character, quality, weight, size, or description of any of the property or its fitness for any use or purpose. Most items for sale are used and may contain defects not immediately detectable.

 

Inspection. The bidder is invited, urged, and cautioned to inspect the property to be sold prior to submitting a bid. Property will be available for inspection at the places and times specified in the description of the item being sold. In no case will failure to inspect constitute grounds for the withdrawal of a bid. Bidders must adhere to the inspection dates and times indicated in the item description.

 

Personal and property risk. Persons attending during exhibition, inspection, sale or removal of goods assume all risks of injury, damage or loss to person and/or property and specifically release the City of Philadelphia and GovDeals from liability there from.

 

Consideration of Bid. City of Philadelphia reserves the right to reject any and all bids and to withdraw from sale any of the items listed.

 

Notice of Award. Successful bidders will receive a Notice of Award by email from GovDeals for the City of Philadelphia.

 

Buyer’s Premium & Additional Fees. If a Buyer’s Premium and/or Additional Fees are shown on the auction page Bid Box, then that amount (expressed as a percentage of the final selling price or a specified amount) 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 close of the auction.  Please refer to the payment instructions listed on the auction page for complete payment terms and methods.  Please refer to the Bid Box for all fees and taxes that may be associated with the auction.

 

Salvage Removal Order.

All items must be removed within 10 working days from the date of issuance of the Salvage Removal Order.The Salvage Removal Order will be received via e-mail, to the e-mail address provided by user during registration with GovDeals and will include available dates, times and the location for items to be removed. Successful bidders are responsible for loading and removal of any and all property awarded to them from the location designated in the Salvage Removal Order. The purchaser will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will City of Philadelphia assume responsibility for packing, loading or shipping. Property must be removed by appointment only, excluding legal holidays, as directed in the Salvage Removal Order. All sales are final upon removal. Units remaining on site will be subject to a $25.00 per unit per day storage fee. No exceptions. Strictly enforced.

 

Vehicle Titles. City of Philadelphia will send a title or certificate to the purchaser after purchased auction item(s) have been successfully removed from the auction lot.

 

Dealers only Sales. Some items that have Vehicle Titles are restricted for sales only to licensed Auto Dealers and/or licensed Salvors. If you are the High Bidder Awardee of a titled item(s) you must send with your payment in the form of a U.S. Postal Money Order or Certified check made out to the “City of Philadelphia” with a  copy of your buyers certificate issued by GovDeals through the e-mail address given during registration as a user plus a copy of your license as an Auto Dealer or Salvor. All payment must be sent through the mail. No exception.

 

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 award and suspension from participation in all future sales. If the purchaser fails in the performance of their obligations, City of Philadelphia may exercise such rights and may pursue such remedies as are provided by law. The City of Philadelphia reserves the right to place any default item back into auction without any reimbursement to the successful bidder.

 

LIMITATION OF LIABILITY.

(a) The City of Philadelphia shall not be liable for any actions, damages, claims, liabilities, costs, expenses or losses in any way arising out of or relating to the sale of property provided hereunder for an aggregate amount in excess of the actual purchase price of the property.

(b) In no event shall the City be liable for consequential, special, indirect, incidental, punitive or exemplary damages, costs, expenses, or losses (including without limitation, lost profits and opportunity costs). The provisions of this paragraph shall apply regardless of the form of action, whether in contract, statute, tort (including without limitation, negligence or otherwise).

(c) Nothing herein shall waive or amend any defense or immunity that the City, its officers, agents or employees may have under the PA Political Subdivision Tort Claims Act, 42 Pa.C.S.A. 8541 ET. seq.

 

General Release – Visitors

 

In consideration of permission granted to the undersigned to enter upon the grounds of any City Department, Board or Commission which permission I have requested and which is being given as a courtesy to me and for any benefit only, I hereby agree for myself and for my heirs, executors and administrators that I will and do release and forever discharge: The City of Philadelphia (City) and each of them, the employees, officers, agents and representatives of the City from any and all manner of claims, actions or causes of action which I now have or which I or my heirs, executors or administrators hereafter can, shall or may have because of bodily injury or property damage or loss which I may suffer as a result of my presence at any City Department, Board or Commission, whether said injury or damage may be due to the act, omission or negligence of the City, their representatives, or their respective employees, officers, agents or representatives or otherwise; it being understood that I accept full responsibility for the mentioned risk.

  

I further acknowledge and agree that I will leave the grounds of any City Department, Board or Commission on the completion of my inspection/removal or upon the demand of the City, whichever is sooner.

 

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 City of Philadelphia may bid on the property listed for auction, so long as they do NOT bid while on duty.

 

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.