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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County of Berks

Reading, Pennsylvania

 

 

GENERAL TERMS, CONDITIONS AND INSTRUCTIONS TO BIDDERS:

1.1 Indemnification: Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assignees that bidder shall indemnify and hold seller 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 items or surplus property including claims for personal or bodily injury, death or contract damages.

1.2 Guarantee Waiver: All Property is offered for sale "AS-IS, WHERE-IS," with all faults and without representation. The County of Berks, as Seller, disclaims any 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.

1.3 Bidder damage to County of Berks Property: Without regard to any other section, Bidder shall be responsible for the costs to return to "as was" condition from any damage caused to the building, grounds, or other equipment and furnishings caused in whole or part by Bidder's employees, agents and representatives resulting from sale/award. Bidder shall immediately report in writing the occurrence of any damage to the County of Berks, Purchasing Department. Buyer shall specifically and distinctly assume all risk of damage to or destruction of property or bodily injury, Sickness, or disease (including death resulting at any time therefrom) of use or employed on or in connection with the removal of said items from Seller facilities, resulting from any action, omission, or operation under this Agreement. The Buyer will also assume risk of damage to or destruction of property or bodily injury, Sickness, or disease (including death resulting at any time therefrom) of persons, wherever located, resulting from any action, omission, or operation under this Agreement.

1.4 Description of Goods: Items for sale may come from numerous sources and, in some instances, the actual condition of property may be unknown. Property offered for sale is used and may contain defects not immediately detectable. The description of surplus property offered for sale has been compiled from available data, but there is no guarantee or warranty on the part of the County of Berks whatsoever as to condition or the quality of surplus property.

1.5 Additional Fees: A 12.5% Buyer’s Premium will be added to all purchases made. The buyer shall add and include these additional fees when making payment to GovDeals, Inc. The buyer will be responsible for any and all applicable fees and taxes, to include sales tax and those associated with the title and/or transfer of vehicles and shall be paid at the time of transaction.

1.6 Contact Information: For questions on listings contact the County of Berks Purchasing Department. To arrange inspection of equipment and/or pick-up/shipping arrangements, contact the designated representative for the item listed. Bidders may inspect the property by appointment only and prior to the auction closing date. Bidders must adhere to the inspection dates and times indicated in the item description or contact the person listed to schedule an inspection. Bidders should avail themselves of the opportunity to view bid property. Direct contact with County employees, other than the employees of the Purchasing Division, on the subject of property is prohibited except with the prior knowledge and permission of the Purchasing Director or her representative.

1.7 Bid Award: The award will be made to the highest responsive and responsible bidder. GovDeals Inc. via e-mail, will notify the successful bidder. The County of Berks reserves the right to award property by item, groups of items, or total bid.

1.8 Liability after Award: The successful bidder shall assume all liability for the property after the award is made. The County will exercise its normal care for protection up to the time of property removal, but will not be responsible for any subsequent loss or damage whatsoever.

1.9 Shipping: Successful bidder will be responsible for pick-up or shipping arrangements and all costs associated with either method. Successful bidders are solely responsible for the loading and removal of any and all property awarded to them from the place where the property is located. The successful bidder will make all arrangements and perform all work necessary, including weighing, packing, crating, loading and transportation of the property. Under no circumstances will the County of Berks assume responsibility for packing, loading, shipping or storage. Bidder shall be responsible for any and all disassembly required to remove the goods/equipment from the facility. Property may be removed by appointment only between the hours of 9:00 am and 3:00 pm Monday through Friday, excluding legal holidays.

1.10 Ownership: Winning bidders must pick up items within 15 business days of the close of auction or the County reserves the right to re-list the item or award to the second highest bidder. Purchases will be released only upon receipt of payment as specified.

 

1.11 Payment Information: Payment is required within five (5) business days of the close of auction.

 

1.12 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.

 

State/Local Sales and/or Use TaxBuyers may be subject to payment of State and/or local sales and/or use tax. Buyers are responsible for contacting seller or the appropriate tax office, completing any forms and paying any taxes that may be imposed.

 

1.13 Eligibility: Minimum 18 years old and legally able to form binding contracts as a buyer.

1.14 Web site Liability. Items are offered for sale using the services and web site of GovDeals, Inc. (www.GovDeals.com) Under no circumstances will the County of Berks 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, even if the County has been specifically advised of the possibility of such damages or losses.

1.15 Links to other web sites or Internet locations from this web site have been provided for your convenience only. The County of Berks does not endorse, sponsor, or approve any of the content of such web sites or locations. If you access any other web site or Internet locations through this web site, you do so at your own risk.

1.16 Collusion. The buyer certifies by entering his/her bid price that the bid is made without prior understanding or agreement with another person submitting a bid for the same item and that this bid is in all respects a bona fide, fair and not the result of any act of fraud or collusion with another person.

1.17 Applicable Law; Venue. Any contract resulting from this solicitation shall be governed in all respects by the laws of the Commonwealth of Pennsylvania and any litigation with respect thereto shall be brought in the courts of the Commonwealth of Pennsylvania. The buyer shall comply with applicable federal, state and local laws and regulations. The County of Berks, herein "County" reserves the right to withdraw any sale item listed and may reject any and or all bids in the best interest of the County.