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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State of Alaska, DOT/PF, State Equipment Fleet

 

Anchorage, Alaska

 

Online Sales - Terms and Conditions

 

All bidders and other participants of this service agree they have read and fully understand these terms and agree to be bound thereby.

Guarantee Waiver.  All property is offered for sale “as-is, where-is.” State of Alaska DOT/PF State Equipment Fleet makes no warranty, guarantee 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. State of Alaska DOT/PF State Equipment Fleet warrants to the Buyer that the property offered for sale will conform to its description.  Any claim for mis-description must be made prior to removal of the property.  If State of Alaska DOT/PF State Equipment Fleet confirms that the property does not conform to the description, State of Alaska DOT/PF State Equipment Fleet will keep the property and refund any money paid.  The liability of State of Alaska DOT/PF State Equipment Fleet shall not exceed the actual purchase price of the property.  Please note that upon removal of the property, all sales are final.

Condition of Property. Bidder acknowledges the listed equipment has not undergone a mechanics pre sale inspection and may or may not be operational.  All property listed herein is offered for sale "as is" and "where is" and without recourse against the State. The State makes no guarantee, warranty or representation, expressed or implied, as to condition, quantity, kind, character, quality, weight, size, or description of any of sale property, or its fitness for any use or purpose. No claim will be considered for allowance or adjustment or for rescission of the sale based upon failure of the property to correspond with the standard expected.

Inspection.  Most items offered for sale are used and may contain defects not immediately detectable.  Bidders are encouraged to inspect the property prior to bidding.  Bidders must adhere to the inspection dates and times indicated in the item description or contact the person listed to schedule an inspection.

Consideration of Bid. State of Alaska DOT/PF State Equipment Fleet reserves the right to reject any and all bids and to withdraw from sale any of the items listed.

Bid Deposits. State of Alaska DOT/PF State Equipment Fleet may require bid deposits on higher value items 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. GovDeals will collect and retain the deposit if there is a default by the winning bidder.

Buyers Premium. If a Buyer’s 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.

State/Local Sales and/or Use Tax. State of Alaska does not have a state sales tax.

Buyer’s Certificate (or Notice of Award).  Successful bidders will receive a Notice of Award 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.

Pick Up Procedures

1.  GovDeals will notify the Buyer upon receipt of payment.  The Buyer may then contact the responsible party listed for that item and arrange for a mutually convenient pick up time. The Buyer must bring the “Buyer’s Certificate” with the “Paid Receipt” and personal identification such as a Drivers License or DMV ID to the pickup location. The person releasing the item will require the Buyer to show all three documents. The Buyer must present these forms of identification at the scheduled pick up or the auction item(s) will not be released.

2.  If you are picking up an item for someone else, you will need to bring the receipt, (photo copies are acceptable), plus a note from the designated “winning bidder” specifically naming you as their authorized representative, along with your own ID.

Removal. Buyer must remove or make satisfactory arrangements to remove auction item(s) from said agencies premises within 5 business days of notification by GovDeals of receipt of payment, and within 10 business days from the time and date of issuance of the Notice of Award unless prior arrangements have been made. Property shall be removed at the winning bidder’s expense. The winning bidder shall reimburse the State of Alaska for any damage to State property resulting from the removal of the purchased item. If the Buyer, after making payment for an item, fails to remove the item within the specified time, the State of Alaska reserves the right (1) to retain any and all payments; and (2) to dispose of the item as deemed desirable by the State of Alaska. Successful bidders are responsible for loading and removal and 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 State of Alaska DOT/PF State Equipment Fleet assume responsibility or prepare for packing, loading or shipping.  Property may be removed by appointment only during normal business hours.  For additional information, please contact Abby Applebee, (907) 269-0786, E-Mail: abby.applebee@alaska.gov.

Vehicle Titles. State of Alaska DOT/PF State Equipment Fleet will release a state issued title, or a certificate of origin, or documentation of ownership 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. State of Alaska DOT/PF State Equipment Fleet may issue a duplicate title at a buyers request with approved documentation of ownership for a fee of $50.00

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.  If the Buyer fails in the performance of their obligations, State of Alaska DOT/PF State Equipment Fleet may exercise such rights and may pursue such remedies under AS 36.30.650 or as are provided by law.

Disputes. Any dispute arising out of this agreement shall be resolved under the laws of Alaska. Any appeal of an administrative order and any original action to enforce any provision of this agreement or to obtain any relief from or remedy in connection with this agreement may be brought only in District or Superior Court for the Third Judicial District of Alaska.

Hold Harmless. The successful bidder shall indemnify, save harmless, and defend the State, its officers, agents and employees, from liability of any nature or kind, including costs and expenses for or on account of any and all suits or damages of any character whatsoever resulting from injuries or damages sustained by any person or persons or property by virtue of any act performed by the successful bidder or of the successful bidder’s agents and employees pursuant to this purchase; the successful bidder shall also assume all insurable risks and bear any loss or injury to property or persons occasioned by neglect or accident during the tenure of  this contract, excepting only sole negligence of the State.

Sales To Government and Non Profit Eligibility. If bidding under this program the State of Alaska reserves the right to verify and ask for documentation verifying eligibility.

Government Entities must be located within the United States and are inclusive of all local governments, schools, and village organizations.

Non profit Entities must be classified as tax exempt under section 501(c) of the United States tax code and possess a current business license within their state. The intent of sales to nonprofit entities is that no one individual is to profit from the purchase. By submitting a on-line bid through this website, the nonprofit organization is attesting that the purchase is intended for the use of the nonprofit organization. The State of Alaska reserves the right to suspend sales to nonprofit organizations violating this clause.

State of Alaska Policy on Employee Purchase of Surplus Supplies. 2AAC 12.600 which states “An employee, contractor, or grantee of an agency that owns or disposes of surplus supplies may not directly or indirectly purchase or agree with another person to purchase surplus supplies if the employee, contractor or grantee is, or has been, directly or indirectly involved in the disposal, maintenance or preparation for sale of the surplus supplies.”

State Equipment Fleet Conflict of Interest. It is the policy of the State of Alaska Department of Transportation and Public Facilities that State of Alaska employees directly involved with the decision to surplus or excess equipment are restricted from bidding on, or otherwise purchasing vehicles or equipment under SEF management control. This restriction applies to the State employee, and immediate family, as defined in AS 39.52 (Code of Ethics).

The following SEF employees are ineligible to bid on or otherwise purchase, state vehicles or equipment.

  1. All SEF Headquarters employees.
  2. All SEF Regional Equipment Managers.
  3. All SEF Regional Equipment Superintendants.
  4. All SEF Regional Equipment Forepersons.
  5. All SEF Regional employees expressly designated in writing by the Regional Equipment Managers as directly involved in the excessing or surplusing of vehicles and equipment.
  6. All department employees who are located at the station where the item is made available for sale.  If the equipment has been transferred from an outlying location for the sale, the restriction includes the station of transfer.


State of Alaska Employee Purchase Waiver Request


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.