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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McKinley County

Gallup, New Mexico

 

ONLINE SALES – TERMS AND CONDITIONS

 

 

ALL ITEMS ARE SOLD “AS IS, WHERE IS”. THERE ARE NO EXPRESSED OR IMPIED WARRANTIES ON ANY ITEMS LISTED. ALL SALES ARE FINAL

 

General. Items are offered for sale by McKinley County, Gallup, New Mexico, herein referred to as “Seller”. In making the offer, a third party website provider, GovDeals, (www.govdeals.com) is utilized. Individuals submitting bids are herein referred to as “Buyers”. 

 

Bid Deposits. McKinley County may require bid deposits in order to ensure fairness to all bidders. The deposit will be reversed if no default occurs or the bidder does not win the auction.  The deposit will be retained if the winning bidder defaults.

 

Guarantee Waiver.  All property is offered for sale “as-is, where-is.” McKinley County 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. All descriptions of items in this sale are believed to be correct, and we have tried to describe each item to the best of our ability, but we do not always have first hand knowledge of the items being sold. All items are sold with the possibility of missing parts or components unless otherwise specified in each item's auction. Any costs to make an item functional are the responsibility of the awarded bidder.

 

Inspection.  Most items offered for sale are used and may contain defects not immediately detectable.  Bidders may and should inspect the property prior to bidding.  Bidders must adhere to the inspection dates and times indicated in the item description. Bidders may inspect property by PRIOR APOINTMENT ONLY. Contact information will be listed on the website for that item.

 

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

 

Hold Harmless: Buyer agrees to indemnify and hold harmless Seller for any and all damages, claims or liability for injuries to persons or property caused during the sale or by the removal of the item. Purchaser must understand that he/she is buying the property entirely upon his/her own examination, evaluation, or opinion based on the information given in each items posting. The Seller assumes no responsibility for any accidents on Seller's or other property.

 

Legal: Technology equipment, such as computers, is/are not sold with the intention to transfer ownership of any software or operating system. Hard drives are formatted or removed, and operating systems (i.e. Windows) have been removed. The Seller is not licensed to sell software and cannot provide software to a Buyer. If residual software exists, it is by oversight.

 

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

 

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. You will be notified upon receipt of payment. 

 

Pick-Up Procedures

1.  Pick-Up time is by appointment only; contact information will be listed on the website for each item.

 

Buyers Premium: A Buyers Premium of 10% will be added to the final sale price.  The premium will be visible during the bidding process and will be included in the payment required.

 

State/Local Sales and/or Use Tax: Except for vehicles registered for use on public highways, McKinley County will charge a 5% Governmental Gross receipts tax that will be added to all purchases, unless the Buyer has provided a valid tax-exempt certificate to McKinley County prior to payment. If applicable, the sales tax will be visible during the bidding process and will be included in the payment specified. 

 

Removal. We do not ship items; items are available for local pickup only. If you require shipping you must arrange pickup, packaging, insurance and delivery charges with the carrier of your choice. 

 

The item purchased immediately becomes the responsibility of the purchaser at the time of award. The Seller will execute its usual care for protection up to the time for removal, but will not be responsible for any loss or damage whatsoever. No property may be removed by the purchaser prior to making full payment. The Buyer is required to provide personnel and equipment to load the items purchased onto the Buyer's vehicle.

 

Buyer must remove auction item(s) from the agency’s premises within ten (10) business days after the time and date of issuance of the Buyer’s Certificate. If the Buyer, after making payment for an item, fails to remove the item within the specified time, the agency reserves the right (1) to retain all payments; and (2) to dispose of the item through another auction or otherwise; (3) 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. Successful bidders are responsible for packing, loading, removing and transporting of all property awarded to them from the place where the property is located as indicated on the website and in the Notice of Award.  The Buyer must make all arrangements and perform all work necessary, including packing, loading and transportation of the property.  Under no circumstances will McKinley County assume responsibility for packing, loading or transporting.  For additional information, please contact: Hugo Cano, Purchasing Department, at (505) 722-3868; or email hcano@co.mckinley.nm.us .

 

Vehicle Titles. McKinley County 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. McKinley County will not issue replacement titles. Odometer/Hourmeter readings are represented to the best of our knowledge. Actual usage of parts, engines transmissions, etc. may be higher or lower as vehicles have undergone repairs and replacements of components.

 

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 bid 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, McKinley County may exercise such rights and may pursue such remedies as are provided by law.

 

Withdrawal of Items: Despite our efforts to avoid withdrawal of items from the sale after they have been advertised or offered, it may become necessary; therefore, the Seller reserves the right to remove any, all, or any portion of items from sale or auction. If the bid for an item unexpectedly exceeds $5000.00, the item may be withdrawn pending  Commission & NM Department of Financial Administration approval.

 

Bidder Rejection: The Seller reserves the right to refuse any or all bids.

 

Dispute: If any dispute arises over price, quantity or between bidders, the Seller reserves the right to settle any and all such disputes and their decision shall be final. If there is a possibility of a tie for a single item, the bid is awarded to the Buyer with the earlier placed bid.

 

Bidding: Persons Who Are Under The Age Of 18 Years Are Not Eligible For Bidding. Please Refer To Public Surplus' Terms And Conditions. A Detailed Explanation Of The Public Surplus Bidding Process Can Be Found On The Public Surplus Website Under Help/Buyer Information.

 

PRIVACY: Information gathered is used for the purpose of conducting the auction sale and will not be used for any unrelated purpose. Personal information will not be released to any other party, except as required by law or in accordance with the Inspection of Public Records Act.

 

Web Site Liability: Items are offered for sale using the services and web site of GovDeals. (www.govdeals.com). Under no circumstances will the Seller 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 web site or any other web site to which the site is linked, the content of such web sites, or any viruses or other harmful components derived from any such web sites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information.

 

Acceptance of Terms and Conditions.  By submitting a bid, the bidder agrees that the bidder has read, fully understood and accepted these Terms and Conditions of Online Sales, and agrees to pay for and remove the property, if the bid is accepted, within the dates and/or times specified.