For Public Surplus, Provo UT
1. Items are offered for sale by County of Roanoke (COR). In making the offering, a third-party Web site provider is utilized (Public Surplus Inc.). Individual(s) submitting bid offers are identified herein as "bidder(s)". Individual(s) selected by COR to purchase item(s) on which they have bid are identified herein as "buyer(s)".
2. All taxes that may be due are the responsibility of the buyer(s).
3. The property is offered "As is, where is" with no express or implied warranty. Most of the property is used. The stated condition of the property is solely an opinion of COR. However, COR makes no warranties or guarantees, expressed or implied, as to the condition or quality of the items offered or fitness for particular purpose or fitness for use in general. Under no circumstance will a refund or adjustment be made due to the property failing to meet buyer's expectations. There is no guarantee or warranty on the part of COR as to condition or quality; or that the property offered, or a portion thereof, may not be withdrawn prior to the sale. Except as stated herein, no service of any kind will be furnished by COR, and the buyer shall assume any cost of removing property from the site.
4. Items are offered for sale using the services and Web site of Public Surplus Inc. (www.public surplus.com). Under no circumstances will COR 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, even if COR has been specifically advised of the possibility of such damages or losses. Links to other Web sites or Internet locations from this Web site have been provided for your convenience only. COR does not endorse, sponsor, or approve any of the content of such Web sites or locations. COR has no control over any of the Web sites or other Internet locations that you may access through this Web site, and is not responsible for the content or accuracy of the content of any such Web sites or locations. If you access any other Web site or Internet locations through this Web site, you do so at your own risk.
5. All bids must be submitted in accordance with the procedures established by Public Surplus Inc. In the event that a reserve price has not been met, then the COR reserves the right to negotiate bids submitted in any other manner (i.e.: verbal, telephone, fax, e-mail, courier or mail, etc.) to protect the COR interest of getting the best price. If no negotiated bid can be made, then the COR reserves the right to re-list the item.
6. The bidder certifies by entering his bid price that his bid is made without prior understanding, agreement or accord with another person submitting a bid for the same item and that this bid is in all respects a bona fide, fair and not the result of any act of fraud or collusion with another person. Any false statement hereunder constitutes a felony and can result in a fine or imprisonment, as well as civil damages.
7. Award will be made to the highest responsive, responsible bidder. Notification will be provided by Public Surplus Inc. via e-mail to the selected bidder.
Buyer/Transport Co. ________________________
Date______________
8. Bid(s) shall remain firm for a minimum of five (5) calendar days following the close of the auction. Bidder shall not have the right to withdraw a bid prior to the conclusion of the five (5) day period.
9. COR reserves the right to award by item, groups of items, or total bid; to reject any and all bids in whole or in part, and to waive any informality or technical defects if in its judgment the best interests of the COR will be served.
10. Each bid is received with the understanding that the acceptance by the COR of the offer to purchase any or all of the items described therein shall constitute a contract between the bidder and the COR.
11. Buyer shall pay for and pick items up within five (5) business days of notification of award. The buyer shall assume all liability for the property after award is made. COR will exercise its usual care for protection of items up to the time of removal, but will not be responsible for any loss or damage. COR does not provide security for bid items once the buyer has been notified. It is recommended that payment and pick-up be made promptly after award notification is provided.
12. Payment shall be made by Certified Check, Cashier's Check, or Money Order only. No Personal Checks or Cash will be accepted. Checks shall be made payable to "County of Roanoke". Item pick-up shall be listed under the pick-up location of the auction header. Unless otherwise noted, time of pick-up shall be by appointment only between the hours of 8:00 AM and 5:00 PM, Monday through Friday (of COR scheduled workdays).
13. In event of default of the buyer, COR reserves the right to sell or otherwise dispose of the items through other means, and hold the buyer liable for any loss of revenue or disposal expense occasioned thereby.
14. The buyer guarantees to hold the COR, its agents or employees, harmless from liability of any nature or kind in the sale or of the buyer's use of the property.
15. Direct contact with COR employees, other than the employees of the Purchasing office, on the subject of this bid is expressly forbidden except with the foreknowledge and permission of the Purchasing Office.
16. Applicable Law and Courts: Any contract resulting from this solicitation 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 the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The buyer shall comply with applicable federal, state and local laws and regulations.
17. Bidders may review and / or inspect all items other than visually, by appointment only, by contacting the auction contact at the pick-up location listed in the auction header. Comments made by COR staff concerning the items offered for sale shall not be binding, nor shall they constitute any warranty or guarantee, expressed or implied, as to the condition or quality of the items offered or fitness for particular purpose or fitness for use in general.
18. Auction Fee: An auction fee of 6.5% will be added to the final sale price and will be collected at the time of payment.
Buyer/Transport Co. ________________________
Date______________