JAMES CITY COUNTY/JAMES CITY SERVICE AUTHORITY ONLINE SURPLUS SALE TERMS AND CONDITIONS
Sale of Surplus: Items are offered for sale by James City County / James City Service Authority (JCC/JCSA) through a third-party website provider, PublicSurplus.com (the "Website"). Individual(s) submitting bids are identified herein as "Bidder(s)" and individual(s) selected by JCC/JCSA to purchase the item(s) on which they have bid are identified herein as "Buyer(s)".
Withdrawal of Item(s): Despite JCC/JCSA's best efforts to avoid withdrawal of items from the sale after the item has been advertised or offered, it may become necessary for JCC/JCSA to withdrawal such item. Therefore, JCC/JCSA reserves the right to remove any, all, or a portion of items from the sale or auction prior to an initial bid.
Consideration of Bid: The County reserves the right to reject any and all bids and to withdraw from sale any item listed and/or to waive all informalities.
Submission of Bids: All bids must be submitted in accordance with the procedures established by the Website. A detailed explanation of the bidding process can be found on the Website under "Help/Buyer's Information". Bids submitted in any other matter (e.g., verbal, telephone, fax, e-mail, etc.) will NOT be accepted. It is the responsibility of the Bidder to see that bids are submitted by the specified time and date. No exceptions will be granted.
Acceptance of Terms and Conditions: By submitting a bid, the Bidder agrees that they have read, fully understand, and accept these Online Surplus Terms and Conditions, and agree to pay for and remove the item, if the bid is accepted, by the times and dates specified herein.
Award of Bid: Award will be made to the highest responsive and responsible Bidder. The successful Bidder(s) will receive a Notice of Award by email from the Website. The Notice of Award must be presented at the time of payment.
Guarantee/Warranty Waiver: All items are offered for sale "as-is, where-is". JCC/JCSA makes no warranty, guarantee, or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the item offered for sale. The Buyer is not entitled to any payment for the loss of profit or any other money damages -direct, indirect, special, incidental, consequential, or other damages.
No Description Warranty
JCC/JCSA is not responsible for any omissions or errors in description of items being offered for sale. It shall be the bidder's responsibility to inspect and satisfy him or herself as to the details and conditions of the item offered before entering a bid. The Agency does not attest to the authenticity of any item.
The description of the item(s) offered for sale has been compiled from available data, but there is no guarantee or warranty on the part of JCC/JCSA as to the actual condition of quality of the item(s). Bidders are expected to examine and inspect the item(s) for themselves and determine for themselves the information they desire concerning the item(s). The item(s) purchased immediately become the responsibility of the Buyer at the time it is sold by JCC/JCSA. Any costs to make an item functional are the responsibility of the Buyer. Items which require repair, maintenance, or an additional investment are also the responsibility of the Buyer.
Sales to Employees: County employees and members of their immediate family, as defined in Section 2.2-4368 of the Virginia Public Procurement Act, are not permitted to participate either directly or indirectly in these sales or auctions.
JAMES CITY COUNTY/JAMES CITY SERVICE AUTHORITY ONLINE SURPLUS SALE TERMS AND CONDITIONS
Inspection of Items: Most items offered for sale are used and may contain defects not immediately detectable. The Bidder(s) may inspect the item(s) prior to bidding. The Bidder(s) must adhere to the inspection times and dates indicated in the item's description or contact the person listed to schedule an inspection.
Personal and Property Risk: The Bidder(s) and/or Buyer(s) onsite during inspection or removal of goods assume all risks of damages of or loss to person and property and specifically release and agree to hold harmless JCC/JCSA from any and all liabilities of any nature, omissions or errors in the sale or use of the item(s). The Buyer(s) is to assume liability for the item after the Notice of Award is made. JCC/JCSA shall exercise usual care for protection up to the time of removal, but shall not be responsible for any loss or damage whatsoever. The Buyer(s) must understand that he/she is buying the item(s) entirely upon his/her own examination, evaluation, or opinion.
Sales Tax: Where applicable, JCC/JCSA shall collect sales tax from the Buyer(s) on non-licensed equipment.
Website Auction Fee: Buyers are responsible for paying the 10% auction fee. This fee shall be added to the total bid price.
Payment: Payment in FULL is due not later than 5 (five) days from the time and date of receipt of the Notice of Award from the Website; this Notice of Award must be presented at the time of payment. Payment shall be made on the Public Surplus website according to their payment requirements. At no time will payment be accepted by the County. If payment is not received within the time frame specified herein, JCC/JCSA reserves the right to cancel the award and resell the item.
Removal of Items: All items must be removed within 5 (five) days from the time and date of receipt of payment. Items will only be released upon receipt of payment in full as specified herein. Items purchased will be released only to the Buyer or the Buyer's authorized representative. The authorized representative must furnish written authorizations from the Buyer to JCC/JCSA before any release shall be made. The Buyer must present a copy of the Notice of Award and receipt of payment at time of pickup in order to verify authority of removal. The Buyer is responsible for the loading and removal of item(s) awarded to them from the place where the item is located as indicated in the item's description on the Website and in the Notice of Award. The Buyer shall make arrangements and perform all work necessary, including, but not limited to, packing, loading, and transportation of the item. Under no circumstances shall JCC/JCSA assume responsibility for or participate in the packing, loading, or shipping. The Buyer(s) shall assume all liability that may be incurred in connection with the removal of the item(s) from the premises. If the Buyer does not remove the item(s) purchased within the time frames given herein, JCC/JCSA reserves the right to retain the payment received and resell the item(s), keeping any records from the resale.
The item(s) may be removed between the hours of 8:00 a.m. and 2:00 p.m. (Eastern Time Zone), Monday through Friday, excluding legal holidays. For additional information, please contact Kitty Hall, (757)253-6646, kitty.hall@jamescitycountyva.gov UPON REMOVAL OF THE ITEM(S) ALL SALES ARE FINAL.
JAMES CITY COUNTY/JAMES CITY SERVICE AUTHORITY ONLINE SURPLUS SALE TERMS AND CONDITIONS
Vehicle Title(s): JCC/JCSA shall issue a title or certificate upon receipt of payment. Titles may be subject to any restrictions and/or discrepancies as indicated in the item's description on the Website. Open titles cannot be issued. JCC/JCSA shall not issue replacement titles.
Default: Default shall include (1) failure to observe these Online Surplus Sale Terms and Conditions; (2) failure to make good and timely payment; or (3) failure to remove all items within the specified time frame. Default may result in termination of the sale and suspension from participation in future sales by JCC/JCSA until the default has been cured. If the Buyer(s) fails in the performance of their obligations, JCC/JCSA may exercise such rights and may pursue such remedies as are provided by law.
Governing Law: Any bid or award resulting from an auction shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of James City County, Virginia. The Buyer(s) shall comply with all applicable Federal, State, and local laws and regulations.
General Disclaimers/Information:
Under no circumstances will JCC/JCSA be liable to any person or entity for any direct, indirect, special, incidental, consequential, or other damages or losses based on or caused bay any use of the Website or any other website to which the Website is linked, the content of such website, or any viruses or other harmful components derives from any such websites, including, but not limited to, any lost profits, revenue, or use, business interruption, or loss of computer programs or information, even if JCC/JCSA has been specifically advised of the possibility of such damages or losses.
Links to other websites or internet locations from the Website have been provided for your convenience only. JCC/JCSA does not endorse, sponsor, or approve any of the content of such websites. JCC/JCSA has no control over any of the websites or other internet locations that may be accessed through the Website and is not responsible for the content or accuracy of the content of any such websites or internet locations. If you access any other websites or internet locations through the Website, you do so at your own risk.