LOUISVILLE REGIONAL AIRPORT AUTHORITY
Public Auction Term and
Conditions
1. General: Vehicles, equipment, and all other items, collectively identified as �property�, are offered for sale by the Louisville Regional Airport Authority, identified herein as the "the Authority". However, a third-party web site provider, an online auction services contractor, is utilized. Those submitting bids are identified herein as "bidder(s)" or "buyer(s)". Office of the Authority's Director of Purchasing is located at 4320 Park Boulevard, Louisville, KY 40209
2. Eligibility: A buyer must be a minimum of 18 years old and legally able to form binding contracts as a buyer in an auction.
3. The Authority can reject any and all bids or withdraw property from sale at any point until full payment is received and the buyer has completely removed the property.
4. Viewing of property by appointment only. Buyers may view vehicles and equipment Monday through Friday from 8:00 AM to 11:30 AM, and from 1:00 PM to 3:30 PM at the Authority's maintenance facility located at 4320 Park Boulevard, Louisville, KY, 40209, unless otherwise stated on the auction website. Only two (2) adult customers at a time and children are not allowed within the facilities. Due to liability reasons, only vehicles and equipment can be viewed in person.
5. Inspection: The responsibility to determine the condition of the vehicle or equipment rests with the bidder. Prospective bidders are encouraged to inspect the vehicle or equipment prior to bidding, and to place bids based solely on their personal inspection and evaluation. Prospective bidders will be allowed to start the equipment to �confirm it is in working order, but will not be allowed to test, operate, or disassemble any item featured in an auction.
6.
Warranty: All property will be sold
"as is", "where is", and "with all faults, if
any". The Authority does not guarantee the authenticity of any markings on
jewelry or watches, nor the value, condition, or quality of any surplus
property. The Authority disclaims all warranties or
guarantees, expressed or implied, as to the condition, quality, completeness,
or fitness for any particular or general purpose or compliance to safety regulations of the property being sold.
Descriptions of property appearing in this online auction are believed to be
correct. However, neither those descriptions, nor any oral statements made
concerning any item, shall be considered as a warranty, expressed, or implied.
DETERMINATION OF CONDTION, FUNCTION, AND PERCEIVED OR ASSUMED VALUE IS THE SOLE
RESPONSIBILTY OF THE BUYER.
7. Bid Deposits: Louisville Regional Airport Authority may require bid deposits to ensure fairness and equity to all buyers as a way to decrease default bidding. The deposit will only be applied if the winning bidder defaults on their auction. If no default occurs or the bidder does not win the auction the deposit will be reversed. Public Surplus will collect and retain the deposit if there is a default by the winning bidder.
8. Buyers Premium: A 10% Buyer Premium will be added to the Final sale Price with a 1$ minimum for payment processing.
9. State of Kentucky sales tax of 6.0% shall be added to all purchases made. The buyer shall add and include the sales tax amount when making payment unless a sales tax exemption certificate is presented to the Authority at time of payment.
10. Ownership: At the end of the auction, the highest bidder has entered into a binding contract with the Authority, and is obligated to pay the price bid. Placing the winning bid, but not paying for the product, is illegal in most states, and may result in prosecution. The winning bid cannot be retracted unless due to a fault of the Authority, for example, typographical or other error.
11. Payment. Payment for an awarded item must be received within five (5) business days from time and date the auction for that item closes. Please refer to the payment instructions listed on the auction page for complete payment terms and methods.� NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED. Payment for the property must be made online through the website; the Authority doesn't handle direct payment.
12. Wire Transfers: For payments over $4,000.00, a Wire Transfer is required. If you need to do a wire transfer, please email support at buyersupport@publicsurplus.com asking for wire instructions or request the instructions via live chat. These instructions will be emailed to you. Please follow them exactly to allow for prompt payment.
13. Removing Auction Items: Awarded items must be removed from the Authority's premises within 10 business days after the auction ends. Pick-up by appointment, Monday through Friday from 8:00 AM to 11:30 AM, and from 1:00 PM to 3:30 PM. However, no property may be claimed or removed prior to making full payment. A $15 per day storage fee may be assessed by the Authority for paid items not retrieved within the designated 10 business days. If unclaimed by winning bidder, the Authority reserves the right to either re-auction the property or award to the next highest bidder. Please note upon removal of the property, all sales are final.
14. Winning Bidders who fail to pay for and remove auction items from the Authority's premises by the close of business on the 10th business day after the close of the auction shall forfeit their rights to the auction item, and be declared as a default bidder. The Authority may ban a default bidder from participating in future online auction events. If one item goes into default, all items won by the bidder go into default and are subject to resale. Bidders should verify winning status before traveling to the Authority's location.
15. Shipping: Unless otherwise noted, all items sold must be picked up at the Park Boulevard maintenance facility. The Buyer will make all arrangements, pay all associated costs, and perform all work necessary for packing, loading, and transportation of the property. Responsibility for property transfers to the buyer or their designated shipper as soon as they take possession or begin the removal process; the Authority will not be liable thereafter. Allow sufficient time to properly load items before the close of business at the Authority's pickup location.
When applicable the Buyer will be responsible for providing a pre-paid shipping label. The label must be received within 10 business days after the auction ends. Responsibility for property transfers to the designated shipper as soon as they take possession.
16. Indemnification: Buyers agree to indemnify and hold harmless the Authority for any and all damages, claims, or liability of any nature or kind in the sale of, or the buyer's use of, the property. The buyer, its predecessors, successors and assigns hereby release, relinquish and discharge the Authority, its former, present and future agents, employees, officers, officials and legal representatives (collectively know as "the Authority") from any liability arising out of the sale and/or concurrent negligence of the Authority 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 Authority's owned property.
17.
Personal Data: The Authority does not
guarantee permanent removal of personal data from electronic devices. Buyer assumes
all risk and responsibility for i) removal of all data before use or resale ii)
complying with all applicable data privacy laws and iii)
any and all consequences, including legal liability,
arising from the discovery or use of personal data on the purchased device.
18. Liability: Items are offered for sale using the services and web site of the online auction services contractor. Under no circumstances will the Authority 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. The Authority 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 Authority reserves the right to cancel any sale, even if an award notification e-mail has been received. The Authority cannot and will not guarantee uninterrupted access to the auction system.
19. Reproduction of Auction Materials and Resale of Items Listed: Bidders or website users may reproduce or copy images, photographs, or descriptions of property listed on the auction site for personal use only. Bidders and website users may not reproduce, display, or broadcast online auction materials by any means, or by using any media, without the express written permission of the Authority. The Authority reserves the right to disallow participation in the online auction by any website user or bidders at any time for violating applicable laws, ordinances, terms and conditions listed here, or for activity deemed unacceptable by the Authority. Before paying for and taking possession of the items listed for sale by the Authority, successful bidders and website users shall not post or list the same items for sale by any other means. Please be advised that the Authority's auction staff reports suspected fraud or criminal activity to the proper authorities.
20. Privacy: The Authority gathers information from bidders so that it will know who has won an auction item. Personal information is not sold or rented. Personal information is used for the purpose of conducting online auctions and not used for any other purpose. Be advised that transactions of the Authority's auction are subject to Kentucky's Open Records Act, KRS 61.870 et seq.
21. Applicable Law: Although this site may be accessed from any state, bidders who participate in this auction agree that the laws of the Commonwealth of Kentucky shall govern all matters relating to the use of this auction and purchase of items listed by the Authority on this site.