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.
Print   Close

City of Solon Sale of

Surplus City Vehicles and Equipment

6600 Cochran Road, Solon, Ohio  44139

 

 

1)  Equipment is being sold as surplus equipment in its present, as-is condition.  The City of Solon makes no warranties whatsoever, either             express or implied, concerning the condition of the equipment, its fitnessfor buyer’s intended use nor does the City of Solon warrant that any item sold will pass a City, State or Federal inspection.  Equipment may have unknown mechanical defects that are subject to prospective bidder’s review during a physical inspection.

 

2)  Prospective bidders are responsible for ascertaining the value of equipment prior to offering a bid.  Equipment can be inspected at the City of Solon during the hours of 8:00am and 4:00pm, Monday through Friday.  To view vehicles or equipment, an appointment must be made with Ronald Hradesky, Fleet Manager at 440-248-5834.

 

3)  The successful bidder will be responsible for removing all equipment from the site.  Bidder is responsible for all moving arrangements.  Equipment must be removed by fourteen (14) calendar days after payment has cleared, otherwise storage charges will be assessed at the rate of $15.00 for each day the equipment remains on the lot.  Bidder will be notified upon when payment has cleared.

 

4)  Equipment may not be returned nor will the buyer be reimbursed any funds for any reason subsequent to the sale.

 

5)  Equipment sold must be paid by certified check, cashier’s check, money order, dealer’s check or cash.  No personal checks will be accepted.  Checks should be made out to the City of SolonPayment shall be submitted to the City of Solon at 34200 Bainbridge Road, Solon, Ohio, 44139

 

6)  The City reserves the right to sell equipment to the highest overall bidder and to accept or reject all bids received; some or all equipment is subject to reserve (minimum) bid price.

 

 

General Sale Terms and Conditions

 

1)  Inspection:  The bidder is invited, urged and cautioned to inspect the property prior to submitting a bid.  Property will be available for inspection at the places and times specified in the invitation.

 

2)  Description of Warranty:  The City 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 mis-description of property is determined before removal of property, City will retain the property and refund any money paid.  If a mis-description is determined after removal, the City will refund any money paid if the buyer takes the property at the buyer’s expense to a location specified by the City.  No refunds will be made unless the buyer submits a written notice to the City within 15 calendar days of the date of removal that the property is mis-described; 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 mis-described property.  The buyer is not entitled to any payment for loss or profit or any other money damages, special, direct or consequential.

 

3)  Bid Submittal:  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.  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 Ohio law.

 

4)  Bid Award:  Award will be made to the highest responsible and responsive qualified bidder.  Time limits and pick-up 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 City will be served.

 

5)  Payment:  Full payment is due within seven (7) calendar days from Notice of Award.  Credit card payments are not acceptable.  Cash payments must be in US currency.  Other forms of payment are certified or cashier’s check, credit union cashier’s check issued by a Federal or State charted credit union, traveler’s checks, postal or commercial money order and wire transfer.  Title (where applicable) will not be transferred until payment is received and verified.  An 8% Buyer’s Fee will be collected on each purchase.

 

6)  Bid Withdrawal:  A bid may be withdrawn only if the bidder notifies the City 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.

 

7)  Delivery, Loading and Removal of Property:

            a)  The buyer shall be entitled to obtain the property upon full payment with pick-up being made only from the exact place where the property is located.  The buyer must make all arrangements necessary for packing, removal, and transportation of property at the buyer’s expense.  The City will not act as a liaison in any fashion between the buyer and carrier nor will the City recommend a specific common carrier.  Loading will only be performed Monday through Friday during the hours of 8:00am to 4:00pm.  Loading will not be performed on Saturdays, Sundays, federal holidays or any date that the location where the property is located is closed.

            b)  The buyer shall remove the property at the buyer’s expense within the period of time allowed.  If the City determines that the failure to remove the property within the period of time originally allowed arose out of causes beyond the control and without the fault or negligence of the buyer, such determination shall be reduced to writing and a reasonable extension of time for removal shall be granted.  Such causes may include but are not restricted to acts of God or of the public enemy, acts of the City in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and severe weather.

            c)  Items purchased under these terms and will be released only to the buyer or the buyer’s authorized representative.  The authorized representative must furnish written authorization from the buyer to the City before any delivery or release will be made.

            d)  Unless otherwise specified the successful bidder shall have fourteen (14) calendar days after payment has cleared to complete the removal of the property offered; property not removed by the deadline will be subject to a $15.00 a day storage charge.   

            e)  If after the award the buyer breaches the contract by failure to remove the property as required above, the property may be considered abandoned.  The City will not be responsible for the care and protection of abandoned property.

 

8)  Default:If after the award the buyer breaches the contract by failure to make payment within the time allowed by the contract as required by Condition No. 5 then the City may send the buyer a ten (10) day written notice of default (calculated from the date of Award Notification), upon buyer’s failure to cure such default within that period (or such further period as the City may allow) the buyer shall lose all right, title and interest which the buyer might otherwise have acquired in and to such property as which a default has occurred.  The buyer agrees that in the event they fail to pay for the property within the prescribed period(s) of time, the City shall be entitled to retain (or collect) as liquidated damages a sum equal to the greater of (a) 20 percent of the purchase price of the items(s) as to which the default has occurred or (b) $25.00; provided that the maximum sum which may be recovered by the City as damages for failure of the buyer to pay for and remove the property shall be the formula amount.  The City shall specifically approve the buyer, either in its original notice of default (or in a separate subsequent written notice), that upon the expiration of the period prescribed for curing the default, the formula amount will be retained (or collected) by the city as liquidated damages.  If the buyer otherwise fails in the performance of their obligations, the City may exercise such rights and may pursue such remedies as are provided by law or under the contract.

 

9)  Set-off of Refunds: Buyer agrees that the City 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 City.

 

10)  Limitation on City’s Liability:  The measure of the City’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 City may have received.  The buyer guarantees to save the City, its agents, or employees, harmless from liability of and nature or kind in the sale of or buyer’s use of the property purchased.

 

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

 

12)  Claims Liability:  The bidder or buyer agrees to save the City harmless from any and all actions, claims, debts, demands, judgments, liabilities, costs and attorney’s 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 bidder or 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 bidder or buyer, its agents, servants or employees after the property has been removed from City control.

 

13)  Withdrawal of Property after Award:  The City reserves the right to withdraw for its use any or all of the property covered by these terms and conditions if a bona fide requirement for the property develops or exists prior to the actual removal of the property from City control.  In the event of withdrawal under this condition, the City 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.

 

14)  Requirements to Comply with Applicable Laws and Regulations: 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.  Buyers or users of the property are not excused from any violation of such laws or regulations either because the City is a party to this sale or has had any interest in the property at any time.

 

15)  Applicable Law and Courts:  Any contract resulting from these terms and conditions shall be governed in all respects by the laws of the State of Ohio and any litigation with respect thereto shall be brought in the courts of the State of Ohio.

 

16)  Indebtedness:  Buyers of property under this invitation must make arrangements to pay promptly all amounts administratively found to be due the City arising out of their prior purchase of surplus property from the City.  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.

 

17)  Eligibility of Bidders:  The bidder warrants that they are 18 years of age or older.  For breach of this provision, the City shall have the right to annul the contract without liability.

 

Auction Disclaimers

 

All sales are “as-is” and final.  Property is sold as surplus property in its current “as-is” condition.  The description provided in this invitation is based solely upon general observations.  Items listed may need repair or be incomplete.  Bidders are invited, encouraged and cautioned to carefully inspect property offered in the invitation prior to submitting a bid.  Failure to inspect property shall not constitute grounds for a claim or for the withdrawal of a bid after the close of the auction.

 

The City of Solon makes no warranties whatsoever, expressed or implied, as to kind, character, or quality of the property or its fitness for any use or purpose nor does the City of Solon warrant that any item sold will pass a city, state or federal inspection.

 

All sales are subject to the General Sale Terms and Conditions.

 

Upon winning a bid on a vehicle or piece of equipment, the buyer is required to print and sign his or her name stating that they have read and understand the terms and conditions of the City of Solon.  The buyer then must submit this affidavit along with their payment or the City of Solon shall have the right to annul the contract without liability.

 

 

Print Name:____________________________________________________

 

 

Sign Name:____________________________________________________

 

 

Date:_____________________________________________