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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Knoxville Utilities Board

Knoxville, Tennessee

Online Sales – Terms and Conditions

Updated 07/01/2015

 

Acceptance of Terms & Conditions:  By submitting a bid, all bidders and other participants of this online auction agree that they have read, fully understand, and accept all Terms & Conditions of Online Sales. They also agree to pay for and remove the property within ten (10) business days from the date of the Buyer’s Certificate emailed to the successful Bidder by GovDeals, if the bid is accepted.

 

Guaranty Waiver: INTERESTED BIDDERS ARE URGED TO INSPECT EQUIPMENT BEFORE BIDDING. All property is offered for sale “AS IS, WHERE IS”. Knoxville Utilities Board (herein otherwise known as KUB) makes no warranty, guaranty, or representation of any kind, either 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 monetary damages – special, direct, indirect, or consequential. Most items offered for sale are used and may contain defects not immediately detectable.

 

Any claim by the Buyer for misrepresentation must be made to the appropriate KUB personnel prior to the property being removed. In the event that KUB agrees that there is an inconsistency between the property and the description, KUB will refund any monies paid for the property.  KUB’s liability shall not, under any circumstances, exceed the actual purchase price of the property. 

 

Inspection: Unless otherwise noted in the online property description, all items being auctioned are used and may contain defects not immediately detectable. It is strongly suggested that all property be inspected prior to bidding. Bidders must, however, adhere to the inspection requirements, including dates and times that are stated in the online property description. All inspections shall be made by appointment only.

 

Bid Consideration:  KUB reserves the right to reject any and/or all bids considered not to be in the best interest of KUB. KUB also reserves the right to withdraw an item at any time, including during the bidding process.

 

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 in ten (10) days from the date of the Buyer’s Certificate or a daily storage fee may be applied. The Buyer is responsible for the loading and removal of any and all property awarded to them. In the event that KUB assists with the loading and removal of any property, KUB shall be released from any and all liability. 

 

Property may be removed BY APPOINTMENT ONLY between the hours of 9:00 a.m. and 2:00 p.m. Eastern Time, Monday through Friday, excluding legal holidays.

 

A minimum daily storage fee of $10.00 or 5% of the selling price (whichever is greater) may be charged for any item not removed within the ten (10) business days allowed, and as stated on the Buyer’s Certificate.

 

Vehicle Titles: KUB will sign over the title to the successful Bidder after payment in full has been received. KUB will also provide a completed Odometer Statement and a Bill of Sale to the successful Bidder.

 

Vehicle Tags: KUB does not and will not issue drive-out tags for any motorized vehicle or equipment. It is the sole responsibility of the Buyer to secure the proper license tags to operate the vehicle or equipment on the highway.

 

Assumption of Risk: Persons attending during an inspection, exhibition, sale, or removal of property assume all risks of damage or loss to person and property and specifically release KUB from any and all liability.

 

Default: Default shall include and be interpreted to mean:

·         Failure to agree to and/or observe these terms and conditions, or

·         Failure to make good and timely payment, or

·         Failure to remove all items within ten (10) business days.

 

Default may result in termination of the contract and suspension from participation in any or all future sales. If the Buyer fails in the performance of his/her obligations, KUB may exercise such rights and may pursue such remedies as are provided by law.