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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City of Franklin

Franklin, Tennessee

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.” City of Franklin (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. 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 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 Seller shall not exceed the actual purchase price of the property. Please note that upon removal of the property, all sales are final.

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.

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 Seller and GovDeals from liability therefor.

Inspection. Most items offered for sale are used and may contain defects not immediately detectable. Bidders are encouraged to and may inspect the property prior to bidding. Property may be inspected between the hours of 8:00 a.m. and 4:00 p.m. Central Time, Monday through Friday, excluding holidays observed by Seller, but only by appointment. To schedule an inspection, see Asset Contact under Seller Information for contact information.

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

Buyer’s Certificate. Successful bidder will receive a Buyer’s Certificate by email from GovDeals. Buyer or Buyer’s authorized representative must present Buyer’s Certificate at time of pick-up. Buyer’s Certificate must accurately display the name of Buyer.

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 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 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 ten (10) Seller business days from the date of conclusion of the auction. Purchases will be released only after receipt of payment as specified, and upon presentation of Buyer’s Certificate at time of pick-up. 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 Buyer’s Certificate. Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will Seller assume responsibility for packing, loading or shipping. Any assistance with loading provided by Seller shall be at Buyer’s request and at Buyer’s exclusive risk. Property may be removed between the hours of 8:00 a.m. and 4:00 p.m. Central Time, Monday through Friday, excluding Seller holidays, but only by appointment. To schedule a pickup, see Asset Contact under Seller Information for contact information.

Vehicle Titles. Seller will issue a title or certificate after receipt of payment as specified, and upon presentation of Buyer’s Certificate at time of pick-up. Titles may be subject to any restrictions as indicated in the item description on the GovDeals website. Open titles cannot be issued. Seller 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. Seller reserves the right to reclaim and resell all items not removed by the specified removal date. If Buyer fails in the performance of their obligations, Seller may exercise such rights and may pursue such remedies as are provided by law.

State/Local Sales and/or Use Tax. Buyers may be subject to payment of State and/or local sales and/or use tax. Seller is not responsible for collection of taxes. 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 Seller may not bid on property of Seller.