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 Newport News

Newport News, Virginia

 

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.”  The City of Newport News (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 that 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 that the property does not conform to the description, Seller will keep the property and refund any money paid.  The liability of the City of Newport News shall not exceed the actual purchase price of the property.  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.  Bidders must adhere to the inspection dates and times indicated in the item description. See special instructions on each auction page for inspection details.

 

Consideration of Bid. The City of Newport News reserves the right to reject any, and all bids, and to withdraw from sale any of the items listed at any time.

 

Buyer’s Certificate.  Successful bidders will receive a Buyer’s Certificate by email from GovDeals.

 

Buyer’s Premium. If a Buyer’s 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 items must be removed within 5 business days from the time of payment.  Purchases will be released only upon receipt of payment as specified.  Successful bidders are responsible for loading and removal of 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 the City of Newport News assume responsibility for packing, loading or shipping.  See special instructions on each auction page for removal details. A daily storage fee of $25.00 may be charged for any item not removed after 10 Business days from date of Certificate.

Third Party Removal. If you plan to have a third party pick up an item, you will need to provide them the paid receipt (photo copies are acceptable), plus authorization or pre-authorization to pick up the item on your (the winning bidders) behalf. They will also need to bring personal picture identification. 

Vehicle Titles. Seller will issue a title or certificate upon removal of vehicle.  Titles may be subject to any restrictions as indicated in the item description on the website.  Open titles cannot be issued. The City of Newport News 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 thirty (30) 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.

 

The City reserves the right to charge a storage fee of $25.00 per item, per day in excess passed the time allowed. The City also holds as an option to have vehicles towed off the lot at the owner's expense.

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 the appropriate tax office, completing any forms, and paying any taxes that may be imposed.

 

The Buyer guarantees to save the City, its agents or employees, harmless from liability of any nature or kind in the sale of or Buyer's use of the property. The City has made no representations of risks involved in removing the materials from the site, and the Buyer assumes all risks in doing so. The City relies on all immunities, privileges and defenses.
 

Assumption of Liability: The purchaser shall assume all liability for the property after award is made. The City will exercise its usual care for protection up to the time of removal, but will not be responsible for any loss or damage. "THE CITY DOES NOT PROVIDE SECURITY FOR BID ITEMS ONCE THE BUYER HAS BEEN NOTIFIED. IT IS RECOMMENDED THAT PAYMENT AND PICKUP BE MADE AS SOON AS POSSIBLE."

 

Applicable Law and Courts: All purchases are 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. Buyer shall comply with applicable federal, state and local laws and regulations.

 

Sales to Employees.  City Employees: Any person, whether an employee of the City of Newport News, its school system, or otherwise, may purchase goods at public auctions, as long as, the purchase price does not exceed $500.00.

No employee, or any member of his/her immediate family, may purchase any item originating from within the department or agency where he/she is employed.