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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July 3, 2006

State of Tennessee Surplus Property

Terms and Conditions of Sale

ALL BIDDERS AND OTHER PARTICIPANTS IN THIS ONLINE AUCTION DO HEREBY CERTIFY THAT THEY HAVE READ AND FULLY UNDERSTAND THESE TERMS AND CONDITIONS AND THAT THEY AGREE TO BE BOUND THEREBY.

 

According to T.C.A. 12-2-412, “It is hereby declared unlawful for any state official or employee to purchase from the state except by bid at public audit or by Internet auction, using a personal computer on personal time, any surplus property during the tenure of such person’s office or employment, or for six (6) months thereafter.

 

You (the buyer) must be registered and in good standing with the online auction vendor and with the State of Tennessee.

 

IT SHALL BE UNLAWFUL FOR ANY STATE, CITY OR COUNTY OFFICER, EMPLOYEE OR HIS/HER AGENT DIRECTLY OR INDIRECTLY INVOLVED IN THE CONFISCATION OF SUCH PROPERTY TO BUY OR OFFER TO BUY ANY OF THE SEIZED OR CONFISCATED PROPERTY TO BE SOLD HEREUNDER. TCA 12-2-208B

 

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.

 

Guaranty Waiver.  ALL property offered for sale is AS-IS and WHERE-IS with no warranty or guarantee OF ANY TYPE. NO SALE WILL BE SET ASIDE BECAUSE OF ANY ERRORS IN THE DESCRIPTION. Inspection of the property before bidding is strongly encouraged. Property Utilization is only the agent for the disposal of items that are surplus to State requirements. Division personnel do not inspect or operate any of the property offered for auction. Releasing agencies are responsible for reporting known defects in their property to Property Utilization. If defects have been reported to Property Utilization, this information will be included in the description provided in the auction listing. VERBAL ASSURANCES AS TO QUALITY OR CONDITION SHOULD NOT BE RELIED UPON AND WILL NOT BE BINDING UPON THE STATE OF TENNESSEE.

 

CONFISCATED and/or SEIZED property will be identified as such. If the property requires licensing or registration, please be aware that the ONLY documentation that can be provided is a copy of the court order awarding custody to the State of Tennessee and a bill of sale. TITLES FOR CONFISCATED VEHICLES ARE NOT AVAILABLE. If your place of residence requires further documentation it is YOUR responsibility to acquire the necessary information. If you have a TN mailing address, when you take the BOS and court order to the county clerk you will receive a title from the Department of Revenue upon payment of any necessary taxes and fees.

 

If you do NOT have a TN address, it will be YOUR responsibility to check with your appropriate vehicle licensing authority to see if the documents we provide (a Bill of sale and a copy of the court order) will be accepted.

 

VEHICLE-SPECIFIC INFORMATION: TITLES will be filled out in the name of the purchaser unless otherwise directed. ALL titles will be endorsed – no open titles will be issued. No temporary tags (“drive-out tags”) can be issued. TITLES FOR CONFISCATED VEHICLES ARE NOT AVAILABLE.

 

ALL TITLES WILL BE MAILED WITHIN 10 BUSINESS DAYS OF VERIFICATION OF REMOVAL.

 

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:

·         PayPal

·         Wire Transfer

·         Visa

·         MasterCard

·         American Express

·         Discover

 

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.

 

Buyers Premium.  A Buyer’s Premium will be shown on the auction page bidder box.  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.

 

Removal. PROPERTY MUST BE REMOVED WITHIN TEN (10) CALENDAR DAYS FROM THE CLOSE OF THE AUCTION, UNLESS AN EXTENSION IS GRANTED BY THE PROPERTY CUSTODIAN. Failure of the bidder to submit payment or failure to remove all items WILL result in the bidder being blocked with no notification.  Please note upon removal of the property, all sales are final.

SUCCESSFUL BIDDERS ARE RESPONSIBLE FOR LOADING AND REMOVAL OF ANY AND ALL PROPERTY AWARDED TO THEM FROM THE EXACT PLACE WHERE THE PROPERTY IS LOCATED. The purchaser will lose all right, title and interest to the property if it is not removed by the REMOVAL DATE as established by the State of Tennessee. Property not picked up will be deemed abandoned and title will revert to the State of Tennessee for disposal. YOU WILL NOT RECEIVE NOTIFICATION IF YOUR PROPERTY IS DEEMED ABANDONED. The successful bidder will be responsible for any damages to the premises of the State of Tennessee resulting from removal of the property. The State of Tennessee will not be responsible for packaging or preparation of property for shipment. THE PURCHASER WILL NOT PARTIALLY REMOVE LOTS.

 

The customer is responsible for all loading and shipping requirements. The State of Tennessee does not have the equipment or personnel to load auction property, there is no help available and the State of Tennessee does not ship property, nor can we recommend any particular agency or company.

 

If you are not the person that is removing your property, please note the Surplus Property will require authorization from you granting permission for a third party to remove your items. This third party will be subject to the same removal and liability requirements as you would be.

 

You are required to wait 24 hours after the release document is received to schedule an appointment for pick up. Appointments are required for all pickups. You must contact the listed POC to schedule an appointment.

 

Consideration of Bid. The Commissioner of the Department of General Services reserves the right to reject any and/or all bids considered as not in the best interest of the State of Tennessee. The Commissioner also reserves the right to withdraw an item at any time – including during the bidding process.