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 Durango

City of Durango

Durango, Colorado

 

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, AND WITH ALL FAULTS.”  The City of Durango (Seller) makes no representations or warranties of any nature whatsoever regarding such property, including, but not limited to, any warranties of merchantability or fitness for intended use.  The purchaser of the above-described property assumes all risks regarding the future use of such equipment and expressly waives any and all claims against the City of Durango, its officers, employees, insurers and self-insurance pool related to the condition of the property or any loss, liability, or damage that may results from the future use of such property. 

 

Surplus property is offered for sale using the services and website of GovDeals (www.govdeals.com).  Under no circumstances will the City of Durango be liable to any person or business entity for any 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 site 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, even if the City of Durango has been specifically advised of the possibility of such damages or losses.

 

Description Warranty. The City of Durango is not responsible for any omissions or errors in the description of the property offered for sale. If Seller confirms that the property does not conform to the description, Seller will keep the property and refund any money paid.  Liability of the City of Durango 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.  Viewing of bid items will be by appointment only and prior to the auction closing date.

 

Consideration of Bid. The City of Durango reserves the right to reject any and all bids and to withdraw from sale any of the items listed.

 

During the bid process, direct contact with City of Durango elected officials or City staff, other than the employees of the Purchasing Division, may render the bid as non-compliant.  At the Purchasing Agent’s discretion, no further consideration may be given to the bid.

 

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

 

Payment.  Payment in full is due not later than 10 business days from the time and date of the Buyer’s Certificate.  Acceptable forms of payment are:

·         U. S. Currency

·         Certified Cashiers Check

·         Money Order

Checks shall be made payable to: City of Durango.  Payments shall be made at the location listed in the Buyer’s Certificate.

 

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 15 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 and 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 the City of Durango assume responsibility for packing, loading or shipping.  Property may be removed between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday, excluding legal holidays.  See special instructions on each auction page for removal details. A daily storage fee of $10.00 may be charged for any item not removed within the 15 business days allowed and stated on the Buyer’s Certificate.Buyer shall claim ownership of property at time of payment.  The Buyer shall assume all liability for the property after payment is received by the City of Durango. 

 

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. The City of Durango 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 the specified removal date.

 

For all MARKED police vehicles, the successful bidder (other than approved government entity) shall be required to sign an affidavit insuring the removal of all police equipment and decals prior to end use.  Other than approved government entities, the method of removal (of MARKED police vehicles) from City of Durango property must be by flat-bed or auto-hauler ONLY.

 

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.

 

Any Contract resulting from this solicitation shall be governed in all respects by the laws of the State of Colorado and any litigation with respect thereto shall be brought into the courts of the State of Colorado.  The Buyer shall comply with applicable federal, state, and local laws and regulations.