FORT WAYNE-ALLEN COUNTY AIRPORT AUTHORITY
ONLINE SALES - TERMS AND CONDITIONS
PLEASE NOTE: THERE HAS BEEN A CHANGE TO OUR BUYERS PREMIUM, IT IS NOW 7%.
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.
General: The property is sold (AS IS, WHERE IS, WITH ALL FAULTS) and without representation or warranty. Fort Wayne-Allen County Airport Authority (FWACAA), as Seller, hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty of mechantability or fitness for a purpose, and neither assumes nor authorizes other person to assume for it, any liability in connection with the sale of these goods.
The Buyer is not entitled to any payment for loss of profit or any other money damages - special, direct, indirect, or consequential.
Indemnification: Buyers agree to indemnify and hold harmless the FWACAA for any and all damages, claims, or liability in any nature or kind in the sale of, or the buyers use of, the property. The buyer, its predecessors, successors, and assigns hereby release, relinquish and discharge the FWACAA, its former, present and future agents, employees, officers, officials and legal representatives (collectively known as the Fort Wayne-Allen County Airport Authority (FWACAA), from any liability arising out of the sale and/or concurrent negligence of the FWACAA for any injury, including death or damage to persons or property, where such damage is sustained in connection with, or arising out of, the sale of FWACAA owned property.
Liability: Items are offered for sale using the services and website of Public Surplus, LLC (www.publicsurplus.com). Under no circumstances will FWACAA 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 website, or any other website to which the site is linked, the content of any such websites, including without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information. The FWACAA strives to make the online auction system as accurate as possible. However, errors and equipment malfunctions are possible and may occur without notice. In case of malfunctions of hardware or software, the FWACAA reserves the right to cancel any sale, even if an award notification email has been received. The FWACAA cannot and will not guarantee uninterrupted access to the auction system used for the purpose of conducting online auctions and not used for any other purpose.
Applicable Law: Although this site may be accessed from any State, bidders who participate in this auction agree that the laws of the State of Indiana shall govern all matters relating to the use of this auction and purchase of items listed by the FWACAA on this site.
Inspection: Most items offered for sale are used and may contain defects not immediately detectable. Bidders may inspect the property prior to bidding by appointment only. Bidders must adhere to the inspection dates and times indicated in the item description. The responsibility to determine the condition of the property rests with the bidder.
Prospective bidders will not be allowed to test, operate, or disassemble any item featured in an auction. Arrangement to view item may be made by contacting the Purchasing Manager at 260-446-3430.
Consideration of Bid: Fort Wayne-Allen County Airport Authority 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 Terms: Payment in full is due not later than seven (7) working days (Monday through Friday) from the time and date of the Notice of Award. No property may be removed by the purchaser prior to making full payment.
A SEVEN PERCENT (7%) SURCHARGE shall be added to all purchases made. The surcharge is the cost to FWACAA for the utilization of the third-party website provider. The buyer shall add and include the surcharge amount when making payment to FWACAA. No taxes are added to any purchases.
Payment shall be in the exact amount only in the form of:
Cash (U.S. currency only)
Cashiers Check
Certified Check
Money Order
Credit Card (Mastercard, Visa, or Discover)
Checks and money orders shall be made payable to: Fort Wayne-Allen County Airport Authority.
Payments are accepted only at the Fort Wayne-Allen County Airport Authority, 3801 W. Ferguson Road, Ste. 209, Fort Wayne, Indiana 46809.
If paying by mail, send your payment to the same address, along with a photo copy of your Drivers License or BMV ID. Also, if you intend to send a designated representative or common carrier to pick up the property, include a signed letter of authorization identifying the representative or carrier.
Property Removal: All property is located at the Fort Wayne International Airport. The Buyer, designated representative, or common carrier must provide a copy of the email award notification received from Public Surplus, LLC and personal identification such as Drivers License or BMV ID.
All items must be removed within seven (7) working days (Monday through Friday) from the date of issuance of the Notice of Award. Property will be released only upon receipt of full payment as specified.
Successful bidders are responsible for removal of any and all property awarded to them from the address shown above.
The Buyer will be responsible for loading their purchased property. The Buyer will make all arrangements and perform all work necessary for loading, packing, and transportation of the property. Under no circumstances will FWACAA assume responsibility for packing or shipping. Property may be removed between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday, excluding legal holidays or unless otherwise stated on the auction website. Pick up of automobile(s) should be arranged in advance by contacting: 260-446-3430.
The FWACAA will not be responsible for any personal injuries or damages to any vehicle or other equipment during the loading of property.
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 obligation, FWACAA may exercise such rights and may pursue such remedies as are provided by FWACAA.