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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South Florida Water Management District

South Florida Water Management District

West Palm Beach, Florida

 

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.”  South Florida Water Management District (Seller) makes no warranty, guaranty or representation of any kind, expressed or implied, arising by operation of law or otherwise, including without limitation, 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 monetary damages, including but not limited to: special, punitive, direct, indirect, incidental or consequential, for any reason arising from the purchase of goods from Seller.

 

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 South Florida Water Management District shall not exceed the amount paid for 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 by contacting the Asset Management Specialist shown on the item bid page and scheduling an appointment.   

Consideration of Bid. South Florida Water Management District reserves the right to reject any and all bids and to withdraw from sale any of the items listed.

Only these written terms and conditions are binding and therefore any other verbal or written information regarding the sale, including but limited to any guaranties or descriptions, are not valid and are considered void.

 

Buyer’s Certificate.  Successful bidders will receive a Buyer’s Certificate by email from GovDeals. Under auction law, ownership and risk of loss passes to the buyer immediately upon transmission of the Buyer’s Certificate.

 

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 Check

·         Cashier’s Check

·    Money Order

·     Wire Transfer

Checks shall be made payable to: South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, Attn: Cashier MSC 6220 for (the Contact name on Govdeals Buyers Certificate).  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 the next highest 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.  Contact (i.e. phone call, email) from successful bidder must be made within 5 business days so as not to be considered in DEFAULT. All items must be removed within 10 business days from the time and date of issuance of the Buyer’s Certificate. However, additional time to remove will be granted if payment is received within FIVE (5) business days from the date of the Buyer’s Certificate. For vehicles and heavy equipment, a total of 20 business days from the issuance of the Buyer’s Certificate will be granted.  For all other items, a total of 15 business days from the issuance of the Buyer’s Certificate will be granted.  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 South Florida Water Management District assume responsibility for packing, loading or shipping.  Property may be removed by scheduled appointment only.  For additional information, please contact the Asset Management Specialist as listed on the bid page or e-mail: kkempf@sfwmd.gov.  If Buyer fails to pick up their property within the allotted time, the Seller may declare the Buyer in default.

 

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.  South Florida Water Management District 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 (4) failure to make contact (i.e. phone call, email) within 5 business days.  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 immediately upon expiration of the 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.

 

State/Local Sales and/or Use Tax.  State and Local sales and/or use tax will be charged and collected on all purchases unless proof of a valid Florida “Consumer’s Certificate of Exemption” or appropriate “”Annual Resale Certificate for Sales Tax” is furnished. Buyers are responsible for contacting the appropriate tax office, completing any forms, and paying any taxes that may be imposed.

 

Sales to Employees.  Employees of the South Florida Water Management District may bid on the property listed for auction, so long as they do NOT bid while on duty, nor had any role in the maintenance, custody or disposal of the asset.