Incorporation by Reference of Buyer Terms and Conditions. These Terms and Conditions are specific to this auction and supplement our standard Buyer Terms and Conditions applicable to all bidders on our marketplace. You hereby acknowledge and agree to the most recent Buyer Terms and Conditions 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 Buyer Terms and Conditions, these Terms and Conditions shall control. A link to our most current version of Buyer Terms and Conditions 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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Hampton Roads Sanitation District

Virginia Beach, Virginia

 

Online Sales - Terms and Conditions

 

All bidders and other participants of this service agree they have read and fully understand these terms and agree to be bound thereby.

 

Guaranty Waiver.  All assets are offered for sale “AS IS, WHERE IS.”  Hampton Roads Sanitation District (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 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 the property does not conform to the description, Seller will keep the property and refund any money paid.  The liability of the Seller shall not exceed the actual purchase price of the property.  Please note 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.

 

Consideration of Bid. Seller reserves the right to reject any and all bids and to withdraw from sale any of the assets listed at any time until the Seller has received payment in full for the assets and Buyer has removed the assets from the Seller's premises in their entirety.


Buyer’s Certificate.
  If applicable, successful bidders will receive a Buyer’s Certificate by email from GovDeals as their notice of award.

 

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.

 

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 Seller or the appropriate tax office, completing any forms and paying any taxes that may be imposed. Buyers must provide any applicable tax exempt documents to Seller within 24 hours of the auction closing and before payment is made.

 

Removal.  All assets must be removed within ten (10) business days from the time and date of the close of the auction.  Purchases will be released only upon receipt of payment as specified.  Successful buyers 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 and in the Buyer’s Certificate.  The Buyer will coordinate all arrangements with the Procurement Department. The Buyer will be responsible for all packing, loading and transportation of the property.  Under no circumstances will Seller assume responsibility for packing, loading or shipping.  See instructions on each auction page for complete removal details. A daily storage fee of $25.00 may be charged for any item not removed within the ten (10) business days allowed and stated on the Buyer’s Certificate.

 

Vehicle Titles. Seller will issue a title or certificate upon removal of the vehicle.  Titles may be subject to restrictions as indicated in the asset description on the website.

 

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 assets 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 under the Commonwealth of Virginia.  Seller reserves the right to reclaim and resell all items not removed by the specified removal date.

 

Ethics in Public Contracting. By submitting their bids, all Bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducement from any other Bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged.

 

Assumption of Liability. The Bidder shall assume all liability of the property after award is made. HRSD will exercise its usual care for protection up to the time of removal surplus property but will not be responsible for any loss or damage. The Bidder guarantees to save HRSD, its agents or employees, harmless from liability of any nature or kind in the sale of or Bidder's use of the property.

 

Acceptance of Terms and Conditions.  By submitting a bid, the bidder agrees they have read, fully understand and accept these Terms and Conditions, and agree to pay for and remove the property, by the dates and times specified. These Terms and Conditions are available for review in the bid box at the top of each page of each asset listed on GovDeals. Specific Instructions (Payment, Removal, and Special) appearing on the asset page will override certain sections of these Terms and Conditions.

 

HRSD employees are permitted to participate in the competitive sealed bidding process for the public sale of HRSD surplus property. HRSD employees are prohibited from bidding on individual line items where the bid will exceed the bidding limitations of $500.00. The total is a cumulative value of the item, VA sales tax, and any associated fees. The cumulative value of total line items may exceed the bidding limitations. (Code of Virginia, 2.2-3110, Item 7). Employees of the Seller may bid on the property listed for auction, so long as they do NOT bid while on duty.

Conflict of Interest Act. Public employees bidding are governed by the Virginia Conflict of Interest Act and are responsible for understanding any restrictions before submitting bids.

*Immediate Family* - Immediate family means a spouse, children, parents, brothers and sisters, and any other person living in the same household as the employee (Code of Virginia § 2.2-4368).