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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City of Lynchburg Fleet Services

City of Lynchburg Fleet Services

 

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.         

 

Guaranty Waiver.  All property is offered for sale “AS IS, WHERE IS.”  City of Lynchburg Fleet Services (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 does not warrant the merchantability of the property or its fitness for any use or purpose. The responsibility as to condition of the property rests with the bidder and no refund or adjustment will be made on account of property failing to meet bidder’s expectations. If a misdescription of property is determined before removal of property, Seller will retain the property and refund any money paid. If a misdescription is determined after removal, the Seller will refund any money paid if the buyer takes the property at the buyer’s expense to a location specified by the Seller. No refunds will be made unless the buyer submits a written notice to the Seller within 15 calendar days of the date of removal that the property is misdescribed; the buyer shall maintain the property in the same condition as when it was removed. This warranty is in place of all other guarantees and warranties, expressed or implied. The amount of recovery under this provision is limited to the purchase price of the misdescribed property. The buyer is not entitled to any payment for loss or profit or any other money damages, special, direct, or consequential Please note that 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.

 

Inspection.  Most items offered for sale are used and may contain defects not immediately detectable.  Bidders may inspect the property prior to bidding and are invited, urged and cautioned to inspect the property prior to submitting a bid.  Bidders must adhere to the inspection dates and times indicated in the item description. See special instructions on each auction page for inspection details.

 

Bid Submittal: All bids must be submitted on and in accordance with the instructions on this site. Bids and amendments thereto, if received after the date and time specified for the bid opening, will not be considered. It is the responsibility of the bidder to see that bids are submitted by the specified time and date and no exceptions will be granted. Prices must be stated in units of quantity as specified herein that shall include freight and handling to the destination. The bidder declares that the submitted bid is not the result of or affected by any act of collusion with another person engaged in the same line of business, or any act of fraud punishable under the Virginia Commonwealth Frauds Act.

 

Bid Withdrawal: A bid may be withdrawn only if the bidder notifies the Seller in writing of the bidder’s intent to withdraw within two (2) business days after the bid closing. Such withdrawal shall be permitted only due to a clerical mistake, unintentional arithmetic error, or unintentional omission, which caused the bidder’s bid to read substantially higher than all other bids received. A request to withdraw a bid must be confirmed in writing stating the reason which will become part of the bid file. Withdrawal of a bid does not confer the right to correct or change a bid.

 

Bid Award: Award will be made to the highest responsible and responsive qualified bidder. Time limits and pickup of items may be taken into consideration in making the award. The City reserves the right to sell to the highest bidder, award by item, groups of items or total bid, to reject any and all bids in whole or in part, and to waive any informality or technical defects if, in its judgment, the best interest of the Seller will be served.

 

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:

·         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.

 

Removal.  All assets must be removed within ten (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 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 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.  See instructions on each asset page for removal details. A daily storage fee of $10.00 may be charged for any item not removed within the ten (10) business days allowed and stated on the Buyer’s Certificate.

 

Setoff of Refunds: Buyer agrees that the Seller may use all or a portion of any bid deposit or refund due the buyer to satisfy, in whole or in part, any debts out of prior transactions with the Seller.

 

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. City of Lynchburg Fleet Services 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 Buyer fails in the performance of their obligations, Seller may exercise such rights and may pursue such remedies as are provided by law.  Seller reserves the right to reclaim and resell all items not removed by Buyer fifteen (15) days from the expiration of specified removal date.

 

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. These Terms and Conditions are displayed at the top of each page of each item listed on GovDeals.

 

Eligibility of Bidders: The bidder warrants that they are 18 years of age or older. An employee of the City of Lynchburg, its school system, or other agency may purchase surplus property listed in this Invitation if the purchase price does not exceed $500.  Furthermore, this prohibition applies to the employee’s spouse or any other relative who resides in the same home as the employee and also prohibits asking other relatives or friends to purchase surplus property on their behalf. For breach of this provision, the Seller shall have the right to annul the contract without liability.

 

Limitation on’s Liability: The measure of the Buyer’s liability in any case where liability to the buyer has been established shall not exceed refund of such portion of the purchase price as the Seller may have received. The buyer guarantees to save the Seller, its agents, or employees, harmless from liability of and nature or kind in the sale of or buyer’s use of the property purchased under the Invitation.

 

Oral Statements and Modifications: Any oral statement or representation by any representative of the Seller, changing or supplementing the Invitation or contract or any condition thereof, is unauthorized and shall confer no right upon the buyer. Further, no interpretation of any provision of the contract, including applicable performance requirements, shall be binding on the Seller unless furnished or agreed to, in writing, by the Seller or the Seller’s designated representative.

 

Claims Liability: The buyer agrees to save the Seller harmless from any and all actions, claims, debts, demands, judgments, liabilities, costs and attorneys’ fees arising out of, claimed on account of, or in any manner predicated upon loss of or damage to property and injuries, illness or disabilities to or death of any and all persons whatsoever, including members of the general public, or to the property of any legal or political entity including state, local and interstate bodies, in any manner caused by or contributed to by the buyer, its agents, servants, employees, or any person subject to its control while in, upon or about the sale site and/or the site on which the property is located, or while the property is in the possession of or subject to the control of the buyer, its agents, servants or employees after the property has been removed from Seller control.

 

Withdrawal of Property After Sale: Seller reserves the right to withdraw for its use any or all of the property covered by this Invitation, if a bona fide requirement for the property develops or exists prior to the actual removal of the property from Seller control. In the event of withdrawal under this condition, the Seller shall be liable for only the refund of the contract price of the withdrawn property or such portion of the contract price as it may have received.

 

Requirement to Comply with Applicable Laws and Regulation: It is the buyer’s responsibility to ascertain and comply with all applicable federal, state, local and multi-jurisdictional laws, ordinances, and regulations pertaining to the registration, licensing, handling, possession, transportation, transfer, export, processing, manufacture, sale, use or disposal of the property listed in the Invitation. Buyers or users of the property are not excused from any violation of such laws or regulations either because the Seller is a party to this sale or has had any interest in the property at any time.

 

Applicable Laws and Courts: Any contract resulting from this Invitation shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth of Virginia.

 

Indebtedness: Buyers of property under this Invitation must make arrangements to pay promptly all amounts administratively found to be due the Seller arising out of their prior purchase of surplus property from the Seller. Failure to pay any such amount due upon demand will be cause for rejection of all future bids until such time as the debt is paid in full.