Morton County Highway Department
ONLINE SALES - TERMS AND CONDITIONS
Guarantee Waiver. All property is offered for sale "as-is, where-is." Morton County Highway Department 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.
Description Warranty. Morton County Highway Department warrants to the Buyer that the property offered for sale will conform to its description. Any claim for misdescription must be made prior to removal of the property. If Morton County Highway Department confirms that the property does not conform to the description, Morton County Highway Department will keep the property and refund any money paid. The liability of Morton County Highway Department shall not exceed the actual purchase price of the property. Please note that upon removal of the property, all sales are final.
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 or contact the person listed to schedule an inspection.
Consideration of Bid. Morton County Highway Department reserves the right to reject any and all bids and to withdraw from sale any of the items listed.
Notice of Award. Successful bidders will receive a Notice of Award by email from PublicSurplus.com
Payment. Payment in full is due not later than 10 working days from the time and date of the Notice of Award. Payment shall be in the form of:
Currency
Cashier's Check
Certified Check
Money Order
Checks shall be made payable to: Morton County Highway Department . Payments shall be made at the location listed in the Notice of Award.
Removal. Buyer must remove auction item(s) from the agency premises within ten (10) business days after 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 agency reserves the right (1) to retain all payments; and (2) to dispose of the item through another auction or otherwise. Successful bidders are responsible for packing, loading, removing and transporting 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 must make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will Morton County Highway Department assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse Morton County Highway Department for any damage to Morton County Highway Department's property caused by Buyer's or Buyer Agent's removal of auction item(s) from the premises. No maintenance may be performed on Morton County Highway Department property. For additional information, please contact John Kraft, (701) 667-3346, john.kraft@mortonnd.gov.
Vehicle Titles. Morton County Highway Department 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. Morton County Highway Department 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 until the default has been cured. If the Buyer fails in the performance of their obligations, Morton County Highway Department 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.
State/Local Sales and/or Use Tax. Morton County Highway Department will collect sales tax on non-vehicles if applicable.
Buyers Premium: A Buyers Premium of 7% will be added to the final sale price with a $1 minimum charge per auction for payment collections. This premium if applicable will be visible during the bidding process and added to the total bid.