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 Mountain Brook

Mountain Brook, Alabama

 

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 Mountain Brook (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 City of Mountain Brook 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 assets 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 asset description. See special instructions on each asset page for inspection details.

 

Consideration of Bid. City of Mountain Brook 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.

 

Payment.  Payment in full is due not later than 5 business days from the time and date of the Buyer’s Certificate.  Payment shall be in the form of:

·         U.S. Currency

·         Cashier’s Check

·         Certified Check

·         Money Order

·         Traveler’s Checks

·         Approved Credit Cards (Visa and MasterCard only) – City charges 1.55% credit

                  card fee plus $0.24 credit card processing fee on all credit card payments.

 

Checks shall be made payable to: City of Mountain BrookPayments shall be made at the City Clerk’s Office - City Hall – 56 Church Street –  Mountain Brook, Alabama 35213Bidder forfeits sale of merchandise if payment is not received at the close of 5 (five) business days from the date of the bid closing.

 

Removal.  All assets must be removed within ten (10) 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 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 Seller assume responsibility for packing, loading or shipping.  See special instructions on each asset page for removal details. A daily storage fee of $10.00 may be charged for any item not removed within the ten (10) business days allowed and stated on the Buyer’s Certificate.

 

Vehicle Titles. City of Mountain Brook 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. City of Mountain Brook will not issue replacement titles.

 

Retained Payment. When the purchase price of a single item or the aggregate purchase price of multiple items exceeds $5,000, the Seller may require a down payment.  The non-refundable down payment will be up to 15% of the total purchase price of all items.  When the Seller exercises this option, the bidder will have 48 hours to comply with this requirement.  If bidder fails to comply with this requirement, the Seller can declare bidder in default and bar from further bidding.

 

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 Buyer thirty (30) days from the expiration of specified removal date. 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.

 

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.

 

State/Local Sales and/or Use Tax.  Buyers may be subject to payment of State and/or local

sales and/or use tax. City of Mountain Brook 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 City of Mountain Brook may bid on the property offered

at auction, provided that they do not bid while on duty.