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 and County of Denver

Denver, Colorado


Online Sales - Terms and Conditions



Guarantee Waiver.  All property is offered for sale “AS-IS, WHERE-IS.” The City and County of Denver 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.


No Warranty. Descriptions of items being auctioned are believed to be correct and based on the best available information.  However, neither the descriptions provided, including, but not limited to, manufacturer’s name, model numbers or physical characteristics, nor any oral statements made by the City and County of Denver concerning any item shall be considered a warranty, express or implied.  The City and County of Denver is not responsible for any omissions or errors in the description of items being offered for sale.  All sales are final.  Under no circumstances will a refund or adjustment be made due to the property failing to meet buyer’s expectations.


Inspection.     Most items 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 item description.  Buyer is responsible for inspecting items offered and all bids must be based solely on the buyer’s personal inspection and evaluation of the item.  Submission of a bid will be prima facie evidence that the bidder/buyer did, in fact, make an inspection and is aware of all conditions affecting performance and bid pricing.  No claim shall be considered for allowance or adjustment or for rescission of the sale based on failure to inspect the property.


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


Assumption of Liability.  Buyer shall assume all liability for the property after award is made.  The City and County of Denver will exercise its usual care for protection up to the time of removal, but will not be responsible for any loss or damage.


Personal and Property Risk.           Buyer agrees for and on behalf of buyer, buyer’s heirs, successors and assigns that buyer shall indemnify and hold the City and County of Denver harmless from and against any claim, demand or cause of action arising or alleged to have arisen out of the sale or failure to sell any item including claims for personal or bodily injury, death or contract damages.  Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release and indemnify the City and County of Denver from liability therefore.


Legal.  Venue for any and all legal action regarding online transactions shall lie in the District Court in and for the City and County of Denver, State of Colorado, and these transactions shall be governed by the laws of the State of Colorado, the Charter and Revised Municipal Code of the City and County of Denver.  The Charter and Revised Municipal Code of the City and County of Denver, as the same may be amended from time to time, are expressly incorporated as if fully set out herein, by this reference.  The bidder/buyer agrees that any and all notices, pleadings and process may be made by serving two copies of the same upon the Colorado Secretary of State, State Capitol, Denver, Colorado, and by mailing by return mail an additional copy of the same to the vendor at the address shown herein; that said service shall be considered as valid personal service, and judgment may be taken if, within the time prescribed by Colorado law or Rules of Civil Procedure, appearance, pleading or answer is not made.


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 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.


Bid Deposits. The City and County of Denver may require bid deposits in order to ensure fairness and equity to all buyers as a way to decrease default bidding. The deposit will be reversed if no default occurs or the bidder does not win the auction.


Buyers Premium: A 10% Buyers Premium will be added to the final sale price.


State/Local Sales and/or Use Tax. The City and County of Denver may collect sales tax, unless the buyer has provided a valid tax-exempt certificate to the City and County of Denver prior to payment.


Removal. Buyer must remove auction item(s) from said agencies premises within five (5) business days of notification by GovDeals of receipt of payment, and within ten (10) business days from the time and date of issuance of the Notice of Award. If the Buyer, after making payment for an item, fails to remove the item within the specified time, the City and County of Denver reserves the right (1) to retain any and all payments; and (2) to dispose of the item as deemed desirable by the agency. Successful bidders are responsible for the 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 Notice of Award.  The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property.  Under no circumstances will the City and County of Denver assume responsibility for packing, loading or shipping. Loading and transportation of all purchased items is strictly the buyer's responsibility. No service of any kind will be furnished by the City.  Property may be removed between the hours of 9am and 3pm, Monday through Friday, excluding legal holidays, unless otherwise listed in the item description on the website. 


Vehicle Titles. The City and County of Denver will issue a title or a bill of sale 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 City and County of Denver 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.  If the Buyer fails in the performance of their obligations, the City and County of Denver 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.