HARRIS
COUNTY AUCTION RULES AND PROCEDURES
FOR USE ON PUBLIC SURPLUS
AUCTION WEBSITE
1. General: Items are offered for
sale by Harris County, Texas, identified herein as the "county".
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)".
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.
Viewing: Typically, buyers may view auction items Monday thru
Thursday from 7:00-11:30 AM to 12:00-4:00 PM at the warehouse located
at 601 Lockwood Street, Houston, Texas, unless otherwise stated on
the auction website. Due to liability reasons, no children, and only
two (2) adult customers at a time, are allowed in the warehouse.
Auction preview is limited to items available for sale during the
next 30 days.
4. Inspection: The responsibility to
determine the condition of the property rests with the bidder.
Prospective bidders are encouraged to inspect the property prior to
bidding, and to place bids based solely on their personal inspection
and evaluation. Prospective bidders may, in the sole and absolute
discretion of the warehouse management, be entitled to (a) remove
portions of the outer case or chassis of certain items to allow for a
visual inspection of an item's interior and/or (b) plug in certain
electrical items to determine if an item will "power up."
Failure
to inspect an item is completely at the sole risk of the prospective
bidder as the incompleteness or poor or non-functional condition of
an item is not grounds for any refund or exchange, with all sales
being final.
5. No Warranty: All equipment will be
sold "as is", "where is", and "with all
faults, if any". The county 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 equipment being sold.
Descriptions of items 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.
The county
offers no guarantees or warranties. Determination of condition,
function, and perceived or assumed value is the sole responsibility
of the buyer.
6. Certain Limitations:
A.
Listed Defects: From time to time, the description of an item for
auction may include a notice of a known or suspected defect. The
notice of any defect is in no way a warranty or representation that
other defects are not present in the item. The inspection of items is
always encouraged;
B. Interior Components: Certain
items, particularly electronic or mechanical items, may not contain
all interior components or elements to suit the needs of a particular
bidder. Harris County is in no way responsible for components that
are missing or not included with an item;
C.
Non-Prescription Medical Supplies or Equipment: Prospective bidders
are hereby placed on notice that the sale of any non-prescription
medical supplies or equipment is being made for use solely for a
non-medical purpose (e.g. research, teaching or analysis) and not to
be introduced into commercial distribution or used on man or other
animals whatsoever; and
D. Items With a Stated
Expiration Date: Any prospective bidder is hereby placed on notice
that any expiration date or "use by" date on any item listed for
sale is not a representation or warranty that an item is functional
or of a certain quality.
7. Ownership: At the end
of the auction, the highest bidder has entered into a binding
contract with the county, 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 county, for example,
typographical or other error.
Awarded items must be removed from
the county's premises within 5 business days of the close of auction.
However, no property may be claimed or removed prior to making full
payment. If unclaimed by winning bidders, the county reserves the
right to re-auction or award the item to the next highest
bidder.
Bidders that fail to claim, pay for, and remove auction
items from the county's premises by the close of business on the 5th
business day after the close of the auction shall forfeit their
rights to the auction item, and be declared as a default bidders. The
county 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 county location.
8.
Payments: Payment for an awarded item must be made by cash or
credit card online or in person and brought to 601 Lockwood, together
with the email notification of winning and proof of identity.. All
sales are final and may be subject to the applicable sales tax rates,
currently 8.25%, unless the buyer provides a valid tax-exempt
certificate at the time of payment. Payments will be accepted from
7:00-11:30 AM to 12:00-4:00 PM, Monday through Thursday.
9.
Shipping: Unless otherwise noted, all items sold must be picked
up at the Lockwood warehouse. The county is not equipped to ship
items, or prepare items for shipping. Winning bidders will be solely
responsible for pick-up or shipping arrangements, and all associated
costs. The county will not be responsible for items after buyer, or
designated shipper, takes possession. Allow sufficient time to load
items into vehicles before close of business for the county location
at which such items are being picked up.
10.
Indemnification: Buyers agree to indemnify and hold harmless the
county 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 county, its former, present and future agents,
employees, officers, officials and legal representatives
(collectively known as "the county") from any liability
arising out of the sale and/or concurrent negligence of the county
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 county owned property.
11. Liability:
Items are offered for sale using the services and web site of the
online auction services contractor. Under no circumstances will the
county 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 county 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 county reserves the right to cancel any
sale, even if an award notification e-mail has been received. The
county cannot and will not guarantee uninterrupted access to the
auction system.
12. Links: Links to other web sites
or internet locations from this web site have been provided for
convenience only. The county does not endorse, sponsor, or approve
any of the content of such web sites or locations. Access to any
other web site or internet locations through this web site is at your
own risk.
13. 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 county. The county 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
county. Before paying for and taking possession of the items listed
for sale by the county, successful bidders and website users shall
not post or list the same items for sale by any other means. Please
be advised that the county auction staff reports suspected fraud or
criminal activity to the proper authorities.
14.
Privacy: The county 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 county auction are subject to
Chapter 552 of the Government Code entitled Public Information, also
known as the Texas Public Information Act.
15.
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 Texas shall govern all matters relating to the use of
this auction and purchase of items listed by the county on this site.