SAMPLE AGENCY ONLINE SALES

TERMS AND CONDITIONS

1. Contract. An award of sale shall constitute a contract between the winning bidder (the "Bidder") and City of Norwalk (the "Seller") upon the terms and conditions set forth herein.

2. Consideration of Bid. The Seller reserves the right to reject any and all bids for any reason and to withdraw from the sale any of the items listed any time before a Notice of Award is delivered to a Bidder.

3. Reserve Requirement. If there is a reserve requirement for an item and the reserve price is not met by the close of bidding, the Seller reserves the right to sell the auction item to the next highest bidder, relist the item for auction, or otherwise dispose of the item at the Seller's discretion.

4. Inspection. Most items offered for sales have previously been used and may contain defects not immediately detectable. The Bidder may inspect items prior to bidding, at the inspection dates and times indicated in the item description. The Bidder must schedule an inspection with a designated representative of the Seller before entering the Seller's property

5. Waiver: A signed waiver releasing the Seller from all liability during the process of inspecting, purchasing, and removing sale items is mandatory. This waiver is available in the Seller's Purchasing Department and must be signed by all who intend to participate in this surplus sale and enter onto City of Norwalk property for this purpose.

6. All bids shall be submitted in accordance with the procedures established by Public Surplus Auction Inc. Bids submitted in any other manner (i.e. verbal, telephone, fax, email, or mail, etc.) shall not be accepted. The Bidder certifies that, upon entering his/her bid price, the bid is made without a prior understanding or agreement with another person submitting a bid for the same item and that each bid is in all respects bona fide, fair and not the result of any act of fraud or collusion with another person.

7. Bid Deposits. The Seller may require bid deposits in order to ensure fairness to all Bidders. The deposit will be reversed if no default occurs or the Bidder does not win the auction. The deposit will be retained if the winning Bidder defaults in terms of finalizing the sale.

8. Notice of Award. Successful Bidders will receive a Notice of Award by email from PublicSurplus.com. Such notice will incorporate the terms and conditions set out herein by reference and together will comprise the terms and conditions applicable to the sale of the item.

9. Payment. Payment for an awarded item must be received within five (5) business days after the date of the Notice of Award of the successful bid. Payment must be made in compliance with the terms listed in the Notice of Award. Upon receipt of such payment a contract between the parties will exist.

10. Pick-Up and Third Party Pick-Up Procedures.

1. Upon receipt of payment, the Bidder will be notified by email sent to the address provided at registration with Publicsurplus.com. The Bidders may contact the Seller and arrange for a mutually convenient pick-up time. The Bidder must bring to the pick-up location (1) the Notice of Award, (2) the Paid Receipt and (3) a valid, picture identification (such as a Driver License) and must present all three identification items at the scheduled pick-up, in order for the auction item(s) to be released.

2. If Bidder chooses to have someone else pick up an item, that person will

need to bring the Notice of Award and the Paid Receipt (photo copies are acceptable), plus a note from the designated winning Bidder specifically naming the authorized representative, and a valid, picture identification. In addition, the winning Bidder must send an e-mail from the e-mail address used for the auction, stating the name of the individual authorized to pick-up the item.

11. State/Local Sales and/or Use Tax. The Seller may collect sales tax, unless the Bidder has provided a valid tax-exempt certificate to the Seller prior to payment. If applicable, the sales tax will be visible during the bidding process and will be included in the payment specified.

11. Removal. The Bidder must remove auction item(s) from the Seller's premises within ten (10) business days after the time and date of issuance of the Notice of Award. Successful Bidders are responsible for packing, loading, removing and transporting all items awarded to them from the place where the item is located as indicated on the website and in the Notice of Award. If the Bidder, after making payment for an item, fails to remove the item within the specified time, the Seller reserves the right (1) to retain all payments; and (2) to dispose of the item through another auction or otherwise. Under no circumstances will the Seller assume responsibility for packing, loading or transporting auction item(s). The Bidder shall be liable to and shall reimburse the Seller for all damage to the Seller's property caused by the Bidder's or the Bidder Agent's removal of auction item(s) from the premises. For additional information, please contact Sharon Conners or Ben Luce, (203) 854-7712, sconners@norwalkct.org or blucenorwalkct.org.

11. Shipping. The Seller will not ship any item(s). However, the Buyer may contact a local carrier to pick-up, package, and ship an item(s). It will be the Bidder's responsibility to follow the Third-Party Pick-Up Procedures attached to ensure that an item is released.

11. Abandonment of Item. In the event of a default by the Bidder, the Seller reserves the right to sell or otherwise dispose of the items through other means, and hold the Bidder liable for any loss of revenue or disposal expense incurred.

11. GUARANTEE WAIVER. ALL ITEMS ARE OFFERED FOR SALE AS-IS, WHERE-IS. The Seller MAKES NO WARRANTY, GUARANTY OR

REPRESENTATION OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE

FUNCTIONALITY, CONDITION, USABILITY, VALUE, MERCHANTABILITY,

AUTHENTICITY, OR FITNESS FOR ANY PURPOSE OF THE ITEMS OFFERED

FOR SALE. SOME OR ALL ITEMS MAY HAVE BEEN DECLARED UNSAFE IN

THEIR PRESENT CONDITION IN ACCORDANCE WITH PREVAILING SAFETY STANDARDS. BIDDERS SHOULD INSPECT AND, IF NECESSARY, REPAIR/TEST ALL ITEMS PRIOR TO BIDDING OR USE.

11. No Description Warranty. The Seller 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.

11. Buyer Premium. A Buyer Premium of 10.5% will be added to the final sale price with a One Dollar ($1.00) minimum charge per auction to collect payment representingNorwalk. The premium will be visible during the bidding process and will be included in the payment required.

11. Risk of Loss. In the event an auction item is lost or destroyed after a Notice of Award has been sent but prior to removal, and to the extent such loss or destruction is not caused by the Bidder, or the Bidder's agent or employee, the Seller will refund any money paid by the Bidder. The liability of the Seller shall not exceed the actual purchase price of the item.

19. CERTIFICATE OF TITLE/CERTIFICATE OF ORIGIN. The State Of

Connecticut Department Of Motor Vehicles issues a Certificate of Origin for a Vehicle to Connecticut Municipalities in place of Certificate of Title. When the Certificate of Origin for a Vehicle is on file for a surplus vehicle, it will be transferred to the Bidder. If a Certificate of Origin for a Vehicle for a does not exist, it will be the responsibility of the Bidder to acquire a copy of the Certificate of Origin for a Vehicles /Certificate of Title from Connecticut Department of Motor Vehicles. A Bill of Sale will be supplied to the Bidder for each vehicle purchased from the Seller.

20. Default. Default shall include (1) failure to observe and fulfill these terms and conditions for sale; (2) the Bidder's failure to make good and timely payment in accordance with the Notice of Award; or (3) the Bidder's failure to remove all items within the specified time. Default may result in termination of this Contract for sale and suspension of the Bidder from participation in all future sales until the default has been cured. If the Bidder fails in the performance of its obligations, the Seller may exercise such rights and pursue such remedies as are provided by law.

20. Acceptance of Terms and Conditions. By submitting a bid, the Bidder agrees that he/she has read, fully understands, and accepts these Terms and Conditions, and agrees to abide by same.