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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Louisiana Property Assistance Agency

Baton Rouge, Louisiana

Online Sales – Terms and Conditions

All bidders and other participants of this auction agree they have read and fully understand the Online Sales – Terms and Conditions and agree to be bound thereby.  

 Guaranty Waiver:  All property is offered for sale “AS IS, WHERE IS” State of Louisiana, Division of Administration, Louisiana Property Assistance Agency (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, with regard to the sale.

 Description Warranty: Seller warrants to the Buyer that the property offered for sale will conform to its description.  Any claim or dispute arising from the description of the subject property must be made prior to removal of the property.  If a determination is made that the property does not conform to the description, Seller will retain the property and refund any money paid to the Buyer.  The liability of the State of Louisiana Division of Administration, Louisiana Property Assistance Agency shall not exceed the actual purchase price of the purchased property.  Once items are removed from their location, the sale is final. 

 Personal and property risk:  Any and all persons attending an exhibition, sale or removal of goods assume all risks for damage of or loss to person and property and specifically release the seller, its agents, assigns, officers, attorneys and GovDeals from any and all liability arising therefrom. 

 Inspection:  Most assets offered for sale are used and may contain defects that are not immediately apparent.  Bidders may inspect the property prior to bidding.  Bidders must adhere to the inspection dates and times indicated in the asset description. The instructions are listed on each asset page.

 Consideration of Bid: The State of Louisiana, Division of Administration, Louisiana Property Assistance Agency reserves the right to reject any and all bids and to withdraw from sale any item listed for sale.

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

Buyers Premium. If a Buyers 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 no later than five (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 cannot exceed $5,000.00. If the winning bid plus applicable taxes, if indicated, and the buyer's premium total 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 five (5) business days from the time and date of the Buyer’s Certificate. 

Removal:  All purchased items 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.  Buyers 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 the State of Louisiana, Division of Administration, Louisiana Property Assistance Agency assume responsibility for packing, loading or shipping.  Property may be removed between the hours of 9:00 a.m. and 3:00 p.m., Monday through Friday, excluding legal holidays, unless otherwise specified in the description. 

A daily storage fee of $20.00 or 2% of the bid, whichever is greater, per business day may be assesed for any item not removed after the 10 business days allowed and stated on the Buyer’s Certificate.  [ET(1] 

 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. The State of Louisiana, Division of Administration, Louisiana Property Assistance Agency will not issue replacement titles.

 Default:  Default shall include, but is not limited to the following: 1.) failure to observe the the Online Sales – Terms and Conditions, 2) failure to make good and timely payment, or 3.) failure to remove all purchased items within the time specified herein.  Default may result in termination of the contract and/or suspension from participation in all future sales until the default has been cured.  If the Buyer fails in the performance of his/her 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 acknowledges they have read, fully understand and accept the Online Sales – Terms and Conditions, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified herein.  The Online Sales –Terms and Conditions are displayed at the top of each page of each item listed on GovDeals.

 State/Local Sales and/or Use Tax:  Buyers may be subject to payment of State and/or local sales and/or use tax. 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 State of Louisiana, Division of Administration, Office of General Services; which include Louisiana Property Assistance Agency and Louisiana Federal Property Assistance Agency may NOT bid on any property listed for sale at an auction. 


 [ET(1]This provision is not consistent with the provisions provided above. Consider revising so that all provisions are consistent.