General
Terms and Conditions of
1. Prior to removal of purchases payment must be made in cash or by other means as agreed to before the sale. Buyer shall pay any and all applicable taxes unless exempted by law. Buyer acknowledges that Seller has provided him with the opportunity to inspect the item(s) before purchasing them and the buyer has or has not so inspected the item(s) in his sole discretion.
2.
A
bid by any person shall be conclusive proof that the person has made himself
acquainted with these conditions of sale and has agreed to be bound by
them.
3.
Though
all description and commentary are believed to be correct, Sell makes no
warranties or representations of any kind with respect to the property, and in
no event shall be held responsible for having made or implied any warranty of
description, genuineness, authorship, attribution, provenance, period, culture,
source, origin, condition, etc.
4.
ALL
SALES ARE FINAL, AND ALL PROPERTY IS SOLD "AS IS, WHERE IS". It is bidders responsibility to
determine condition, etc. The
Seller reserves the right to reject any and all bids it deems
necessary.
5.
The
buyer shall be the highest bidder.
In case of dispute between two bidders, the Seller may reopen the bidding
between the highest bidders only, until property is sold.
6.
When
the bid is accepted, title of the property shall pass to the highest bidder, who
assumes full risk and responsibility.
All property shall be removed from the premises by the purchaser at his
own risk and expense within the time period set by the
Seller.
7.
Seller
reserves the right to withdraw any item before or during the sale. Seller may reject a nominal or
fractional bid. Seller reserves the right to reject any and all bids during or
after the sale.
8.
Seller
shall not be liable for any personal injury on the sale premises. Buyer assumes all risk and liability
whatsoever resulting from the use of the item(s) sold hereunder, and shall
defend, indemnify and save blameless Seller from any
liability.
9.
If
the foregoing conditions or any other applicable conditions are not complied
with, in addition to other remedies available to Seller by law, including
without limitation, the right to hold the purchaser liable for the bid price,
the Seller, at his option may (1) resell the property publicly or privately,
with purchaser being liable for the payment of any deficiency plus all costs
incurred, or (2) cancel the sale, retaining liquidated damages or payments made
by purchaser.
10.
Buyer
hereby agrees to assume the risk and to release and hold harmless all of the
persons or entities mentioned who might otherwise be liable to it or it's
successors or assigns for damages.
11.
LOCAL GOVERNMENT CODE
CONFLICT OF INTEREST
Effective January 1, 2006,
Chapter 176 of the Texas Local Government Code requires that any vendor or
person considering doing business with a local government entity disclose in the
Questionnaire Form CIQ, the vendor or person's affiliation or business
relationship that might cause a conflict of interest with a local government
entity. By law, this questionnaire must be filed with the records
administrator of the City of
By submitting a response to
this request, vendor represents that it is in compliance with the requirements
of Chapter 176 of the Texas Local Government Code.
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City of Garland
INDEMNIFICATION
AGREEMENT
The Contractor agrees to
indemnify, hold harmless and defend the City of Garland, its officers, agents
and employees, both past and present, from and against liability for any and all
claims, liens, suits, demands, and actions for damages, injuries to persons
(including death), property damage (including loss of use), and expenses,
(including court costs, attorneys' fees and other reasonable costs of
litigation) arising out of or resulting from Contractor's work and activities
conducted in connection with or incidental to this Contract and from any
liability arising out of or resulting from intentional acts or negligence of the
Contractor, including all such causes of action based upon common,
constitutional, or statutory law, or based in whole or in part upon the
negligent or intentional acts or omissions of Contractor, including but not
limited to its officers, agents, employees, subcontractors, licensees, invitees,
and other persons.
It is the express intention of the parties hereto, both the City and the Contractor, that the indemnity provided for in this Contract indemnifies and protects the City from the consequences of the City's own negligence.
The Contractor further
agrees that it shall at all times exercise reasonable precautions on behalf of,
and be solely responsible for, the safety of its officers, agents, employees,
subcontractors, licensees, invitees and other persons, as well as their
property, while in the vicinity where the work is being done. It is expressly understood and agreed
that City shall not be liable or responsible for the negligence or other fault
of the Contractor, its officers, agents, employees, subcontractors, licensees,
invitees, or other person associated with the Contractor.
The Contractor agrees to
indemnify and save the City harmless from all claims growing out of any demands
of subcontractors, laborers, workers, mechanics, materialmen, and furnishers of supplies, equipment,
financing, or any other goods or services, tangible or intangible. When the City so desires, the Contractor
shall furnish satisfactory evidence that all obligations of the nature
hereinabove designated have been paid discharged or
waived.
INDEPENDENT
CONTRACTOR
Contractor acknowledges that
Contractor is an independent contractor of the City and that Contractor is not
an employee, agent, official or representative of the City. Contractor shall not represent, either
expressly or through implication, that Contractor is an employee, agent,
official or representative of the City.
Any income taxes, self-employment taxes, social security taxes and the
like are the sole responsibility of the Contractor.
Nothing contained in this
Contract shall be deemed or construed by the parties hereto or by any third
party to create the relationship of principal and agent or of partnership or of
joint venture or of any association whatsoever between the parties, it being
expressly understood and agreed that no provision contained in this Agreement
nor any act or acts of the parties hereto shall be deemed to create any
relationship between the parties other that the relationship of independent
parties contracting with each other solely for the purpose of effecting the
provisions of this Contract.
I understand that the
indemnification and Independent Contractor provisions are requirement of all
City of
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T&C for sale
items.doc
6/4/04 Revised 12/21/05
added #11