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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West Virginia

State Agency for Surplus Property (WVSASP)

Dunbar, West 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.” West Virginia State Agency for Surplus Property (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 West Virginia State Agency for Surplus Property 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.

Assets may contain defects not immediately detectable, bidder is encouraged to inspect before bidding. Note: Please inspect items prior to placing a bid. This asset may contain defects. WVSASP 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. ALL SALES ARE FINAL. Sold as is, where is. Please read Terms & Conditions. Inspections are by appointment only. 

THE ODOMETER READING MAY NOT BE THE ACTUAL MILEAGE. IT IS HIGHLY RECOMMENDED YOU INSPECT ALL VEHICLES PRIOR TO BIDDING. Overall operative condition of vehicle is unknown. Bid at your own risk. The vehicle is offered for sale "AS IS, WHERE IS." WVSASP 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.

 

 

Consideration of Bid. West Virginia State Agency for Surplus Property reserves the right to reject any and all bids and to withdraw from sale any of the items listed.

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. Winning bid price needs to be approved by WVSASP prior to payment being made. Payment in full is due not later than 5 business days from the date of WVSASP’s approval. Payment must be made electronically through the GovDeals website. Log into your GovDeals account and select ‘My Bids’ 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.

 

After payment has been made, GovDeals will e-mail the buyer the bill of sale.  The buyer should sign, print and date the bill of sale and e-mail to WVSASP@wv.gov with a copy of their driver’s license.  This e-mail should be from the e-mail that is on file with GovDeals.

Escrow Payment. When the purchase price (of a single item or the aggregate purchase price of multiple items) totals $5,000 or greater, the Seller may require a down payment from the winning Buyer. This non-refundable fee will be 20% of the total purchase price. When the Seller exercises this option, the Buyer will have 48-hours from the time of issuance of the Buyers Certificate, to comply with this requirement. If Buyer fails to comply with this requirement within the stated time frame, the Seller can declare Buyer in default, bar them from further bidding and have them removed from the GovDeals system. If Buyer is in default, Seller may negotiate with next closest bidder, re-list at another auction and/or pursue all legal proceedings. All monies collected in escrow, will be deducted from total monies due at time of final payment.

Removal. All items must be removed within 10 business days from the 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 West Virginia State Agency for Surplus Property assume responsibility for shipping.          WVSASP will not assume responsibility for packing or loading unless specified in the listing of the item.

See special instructions on each auction page for removal details. Anyone picking up an item must have the Buyer’s Certificate in hand.

Items must be picked up by the buyer that is listed on the buyer’s certificate unless the buyer e-mails WVSASP, from the e-mail that is on file with GovDeals, specifically naming the individual that is authorized to pick up the property.

Vehicle Titles. Seller will issue a title or certificate upon removal of vehicle from State property.  Titles may be subject to any restrictions as indicated in the item description on the website.  Open titles cannot be issued. West Virginia State Agency for Surplus Property will not issue replacement titles. Titles can only be completed as indicated in the “Title To’ and “Address” sections on the Seller’s and Buyer’s Certificate.

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 the specified removal date.

For items that are not picked up within the 10 business days allowed, will be defaulted and GovDeals will refund the purchase price plus any taxes. THE 5% BIDDER FEE IS NOT REFUNDABLE.

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. Special Instructions appearing on the asset page will override certain sections of the terms and conditions.

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.