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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Phoenix Mesa Gateway Airport Authority

Used Equipment Sold Terms & Conditions

 

Guarantee Waiver. All property is offered for sale as-is, where-is. Phoenix Mesa Gateway Airport Authority (PMGAA) makes no warranty, guaranty or representation of any kind, expressed or implied, as to the condition, usability, value, merchantability, authenticity, or fitness for any purpose of the property offered for sale. Some or all items may have been declared unsafe in their present condition by a federal or state safety standard. Buyers should inspect and, if necessary, repair/test all items prior to any use. Buyer is not entitled to any payment for loss of profit or any other money damages, including but not limited to special, direct, indirect, or consequential damages.

 

No Description Warranty. PMGAA is not responsible for any omissions or errors in description of items being offered for sale. It shall be the buyer's responsibility to inspect and satisfy him or herself as to the details and conditions of the item offered before buying any item(s). 

 

Inspection. Most items offered for sale are used and may contain defects not immediately detectable. Buyers may inspect the property prior to buying. Buyers must adhere to the inspection dates and times indicated in the item description or contact the person listed to schedule an inspection.

 

Indemnification. Buyer agrees for and on behalf of buyer, buyer's heirs, successors and assigns that buyer shall indemnify and hold PMGAA harmless from and against any claim, demand or cause of action arising or alleged to have arisen out of the sale or failure to sell any item including claims for personal or bodily injury, death or contract damages.

 

Payment. Payment, in full, must be made within five (5) days of the time and date of the close of the auction. Please refer to the auction page for GovDeals payment procedures. Payment must be made in full for the agreed upon sell price prior to PMGAA releasing any item(s). Pick-Up and Third Party Pick-Up Procedures

1. Upon receipt of payment, please contact PMGAA and arrange for a mutually convenient pick-up time. Buyer must bring to the pick-up location a picture identification (such as a Driver License). Buyer must present their identification at the scheduled pick-up, or the item(s) will not be released to the buyer.

2. If someone else will be picking up an item for buyer, buyer will need to send an email to PMGAA stating the name of the authorized person to pick-up the item(s). The authorized person picking up the item(s) must present their personal identification that must match the name specified in the email to PMGAA in order for the item(s) to be released.

 

 Shipping. PMGAA cannot ship any item(s). However, you may contact a local carrier of your choice to pick-up, package, and ship your item(s) for you. It will be your responsibility to follow the Third-Party Pick-Up Procedures above to ensure that your item is released.

 

Removal. Buyer must remove auction item(s) from PMGAA premises within ten (10) business days after the time and date of the close of the auction. If the Buyer, after making payment for an item, fails to remove the item within the specified time, PMGAA reserves the right (1) to retain all payments; and (2) to dispose of the item through any method it chooses, including relisting the item for sale/auction. Successful buyers are responsible for packing, loading, removing and transporting all property awarded to them from the place where the property is located as indicated. The Buyer must make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will PMGAA assume responsibility for packing, loading or transporting sold item(s). Buyer shall be liable to and reimburse PMGAA for any damage to PMGAA’s property caused by Buyer's or Buyer Agent's removal of auction item(s) from the premises. No maintenance may be performed on PMGAA property. PMGAA does not have a loading dock or any equipment for loading/off loading of equipment. For additional information, please contact PMGAA.

 

Risk of Loss. In the event an item is lost or destroyed after payment in full has been received by PMGAA but prior to removal, and to the extent such loss or destruction is not caused by the buyer, or buyer's agent or employee, PMGAA will refund any money paid. The liability of PMGAA shall not exceed the actual purchase price of the property. 

 

Default. Default shall include (1) failure to observe these terms and conditions; (2) failure to make good and timely payment within specified time; or (3) failure to remove all items within the specified time. Default may result in termination of the equipment being sold and suspension from participation in all future sales by PMGAA in addition to all remedies as set forth here within. If the Buyer fails in the performance of their obligations, PMGAA shall exercise such rights and pursue such remedies as are provided by law.

 

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.

 

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 PMGAA within 24 hours of the auction closing and before payment is made.

 

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

 

Acceptance of Terms and Conditions. By submitting payment, the buyer agrees that the buyer has read, fully understood, and accepted these Terms and Conditions, and agrees to pay for and remove the property by the dates and times specified herein. 

 

*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*