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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Montgomery County, MD Terms and Conditions of Sale

Montgomery County, MD Terms and Conditions of Sale

 

1.  General:  Items are offered for sale by Montgomery County, Maryland, identified herein as the “County”, however, a third-party an online auction services contractor, is utilized.  Those submitting bids are identified herein as “bidder(s)” or “buyer(s)”. 

 

2.  Eligibility:  A buyer must be at least 18 years old and legally able to form a binding contract.

 

3.  On-Site Inspection: The bidder is responsible to determine the condition of the property.  Prospective bidders are encouraged to inspect the property prior to bidding, and to place bids based solely on their personal inspection and evaluation.  Prospective bidders will not be allowed to test, operate, or disassemble any item featured in an auction.  On-site inspection locations are as follows and are to be determined for each piece of equipment offered:

 

Equipment Management Operation Center (EMOC)

16630 Crabbs Branch Way

Rockville, MD 20855

 

Automotive Equipment Section (AES)

1283 Seven Locks Road

Rockville, MD 20850

 

Brookville Maintenance Facility (BMF)

8710 Brookville Road

Silver Spring, MD 20910

 

Small Transit Shop (STS)

4925 Nicholson Court

Kensington, MD. 20895

 

4.  Warranty:  All property is sold “as is”, “where is”, and “with all faults, if any”.  The County disclaims all warranties or guarantees, expressed or implied, as to the condition, quality, completeness or fitness for any particular or general purpose or compliance to safety regulations of the property being sold.  Descriptions of items appearing in this online auction are believed to be correct.  However, those descriptions, or any other oral statements made by any person concerning any item will not be considered a warranty, expressed or implied.  The County offers no guarantees or warranties.  Determination of the condition, function, and perceived or assumed value is the sole responsibility of the buyer.

 

5.  Ownership:  At the end of the auction, the highest bidder has entered into a binding contract with the County, and is obligated to pay the winning bid price and any applicable taxes.  In the case of a reserve auction, the highest bidder meeting or exceeding the auction reserve price is obligated to pay the winning bid price and any applicable taxes.

 

Awarded items must be removed from the County’s premises within ten (10) business days of the close of the auction.  However, no property may be claimed or removed prior to making full payment.  If unclaimed by winning bidders, the County reserves the right to re-auction or award the item to the next highest bidder.  Bidders that fail to claim, pay for, and/or remove auction items from the County’s premises by the close of business on the 10th business day after the auction will forfeit their rights to the auctioned item, and be declared a default bidder.  If one item goes into default, all items won by the bidder go into default and are subject to resale.  Bidders should verify winning status before traveling to the County location.

 

6.  Payment Process:  The successful bidder is required to pay the full amount of the winning bid price for all winning bids with payment received by the County by 5:00 p.m. within five (5) business days from the date of the auction.   The method of payment is cashiers check, certified funds, money order, or electronic funds transfer.  All payments must be made and delivered to:

 

Division of Fleet Management Services

Accounts Payable/Second Floor

16624 Crabbs Branch Way

Rockville, MD 20855

Phone (240)777-5730 FAX (240)777-5732

 

All sales are final and may be subject to the applicable sales tax rates, currently 6%, unless the buyer provides a valid tax-exempt certificate at the time of payment.

 

Successful bidders/buyers who do not make payment for the full amount due for all winning bids by the specified time are considered non-compliant and in default and are excluded from the auction.  At that time the County reserves the right to re-auction or make the award to the next highest bidder until all the property is sold.  The County reserves the right to take appropriate action, including but not limited to the right to refuse to accept bids that are not made in good faith and the right to bar a bidder from participating in future auctions held by the County.

 

7. Shipping:  Unless otherwise noted, all items sold must be picked up at the designated County facility.  The County will not ship items, or prepare items for shipping.  Winning bidders will be solely responsible for pick-up or shipping arrangements, and all associated costs.  The risk of loss transfers to the buyer at the time of sale.  Winning  bidders must allow sufficient time to load items for transport before close of business at the County location at which such items are being picked up.

 

8.  Indemnification:  Buyers agree to indemnify and hold the County harmless for any and all damages, claims, or liability of any nature or kind in the sale of, or the buyer’s use of, the property.  The buyer, its predecessors, successors and assigns hereby release, relinquish and discharge the County, its former, present and future agents, employees, officers, officials and legal representatives (collectively known as “the County”) from any liability arising out of the sale and/or concurrent negligence of the County for any injury, including death or damage to persons or property, where such damage is sustained in connection with, or arising out of, the sale of County owned property. 

 

9.  Liability:  Items are offered for sale using the services and website of the online auction service contractor.  Under no circumstances will the County be liable to any person or business entity for any and all damages or losses including but not limited to direct, indirect, special, incidental, consequential, or other damages or losses based on, or caused by, any use of the auction website, or any other website to which the website is linked, the content of such websites, or any viruses or other harmful components derived from any such websites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information.  The County cannot and will not guarantee uninterrupted access to the auction system.   The County reserves the right to invalidate or void any sale, at any time, even if an award notification email has been received.  In the event the County determines that the sale is invalid or void the County will, as the exclusive remedy available to the buyer, reimburse the bid price paid by the buyer, without interest or any associated cost.  The bidder assumes all risks of any irregularity of the sale and has no other remedy against the County.  The County is not liable for and will not pay the buyer any cost, expense, damage or attorney fees associated with any invalid or void sale. 

 

10.  Reproduction of Auction Materials and Resale of Items Listed:  Bidders or website users may reproduce or copy images, photographs, or descriptions of property listed on the auction site for personal use only.  Bidders and website users may not reproduce, display, or broadcast online auction materials by any means, or by using any media, without the express written permission of the County.  The County reserves the right to disallow participation in the online auction by any website user or bidder at anytime for violating applicable laws, ordinances, terms and conditions listed herein, or for activity deemed unacceptable by the County.  Before paying for and taking possession of the items listed for the sale by the County, successful bidders and website users will not post or list the same items for sale by any other means. 

 

11.  Privacy:  Personal information gathered from bidders during the auction process is not sold or rented.  Personal information is used for the purpose of conducting online auctions and not used for any other purpose.  Be advised that County auction transactions are subject to the Annotated Code of Maryland Articles 10-611 through 10-630, also known as the Maryland Public Information Act.

 

12.  Applicable Law:  Although this site may be accessed from any state, bidders who participate in this auction agree that the laws of the State of Maryland and Montgomery County will govern all matters relating to the use of this auction and purchase of items listed by the County on this site.

 

13.  Acceptance of Terms and Conditions of Sale:  By participating in this online auction you agree to the terms and conditions set forth above.