Terms & Conditions

1.1 Indemnification: Bidder/Buyer agrees for and on behalf of bidder/buyer, bidder's/buyer's heirs, successors and assignees that bidder/buyer shall indemnify and hold seller harmless from and against any claim, demand or cause of action arising or alleged to have arisen out of the sale or failure to sell any items or surplus property including claims for personal or bodily injury, death or contract damages.

 

1.2 Guarantee Waiver: All Property is offered for sale "AS-IS, WHERE-IS," with all faults and without representation. The County of Chester, as Seller, disclaims any warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale.

 

1.3 Bidder damage to County of Chester Property: Without regard to any other section, Bidder/Buyer shall be responsible for the costs to return to "as was" condition from any damage caused to the building, grounds, or other equipment and furnishings caused in whole or part by Bidder's employees, agents and representatives resulting from sale/award. Bidder/Buyer shall immediately report in writing the occurrence of any damage to the County of Chester Procurement Department. Bidder/Buyer shall specifically and distinctly assume all risk of damage to or destruction of property or bodily injury, Sickness, or disease (including death resulting at any time therefrom) of use or employed on or in connection with the removal of said items from Seller facilities, resulting from any action, omission, or operation under this Agreement. The Buyer will also assume risk of damage to or destruction of property or bodily injury, Sickness, or disease (including death resulting at any time therefrom) of persons, wherever located, resulting from any action, omission, or operation under this Agreement.

 

1.4 Description of Goods: Items for sale may come from numerous sources and, in some instances, the actual condition of property may be unknown. Property offered for sale is used and may contain defects not immediately detectable. The description of surplus property offered for sale has been compiled from available data, but there is no guarantee or warranty on the part of the County of Chester whatsoever as to condition or the quality of surplus property.

 

1.5 Additional Fees: A 10.5% Buyer's Premium will be added to all purchases made. The Buyer shall add and include these additional fees when making payment. The Buyer will be responsible for any and all applicable fees and taxes, to include sales tax.

 

1.6 Contact Information: For questions on listings contact the County of Chester Procurement Department. To arrange inspection of equipment and/or pick-up/shipping arrangements, contact the designated representative for the item listed. Bidders may inspect the property by appointment only and prior to the auction/sale closing date. Bidders must adhere to the inspection dates and times indicated in the item description or contact the person listed to schedule an inspection. Bidders should avail themselves of the opportunity to view bid property. Direct contact with County employees, other than the employees of the Procurement Department, on the subject of property is prohibited except with the prior knowledge and permission of the Procurement Director or her representative.

 

1.7 Bid Award: The award will be made to the highest responsive and responsible bidder. The Public Group via e-mail, will notify the successful bidder. The County of Chester reserves the right to award property by item, groups of items, or total bid.

 

1.8 Liability after Award: The successful Bidder shall assume all liability for the property after the award is made. The County will exercise its normal care for protection up to the time of property removal, but will not be responsible for any subsequent loss or damage whatsoever.

 

1.9 Shipping: Successful Bidder/Buyer will be responsible for pick-up or shipping arrangements and all costs associated with either method. Successful bidders/buyers are solely responsible for the loading and removal of any and all property awarded to them from the place where the property is located. The successful bidder will make all arrangements and perform all work necessary, including weighing, packing, crating, loading and transportation of the property. Under no circumstances will the County of Chester assumes responsibility for packing, loading, shipping or storage. Bidder/Buyer shall be responsible for any and all disassembly required to remove the goods/equipment from the facility. Property may be removed by appointment only between the hours of 9:00 am and 3:00 pm Monday through Friday, excluding legal holidays.

 

1.10 Ownership: Winning bidders/buyers must pick up items within 12 business days of the close of auction/sale or the County reserves the right to retain, re-list the item or award to the second highest bidder. Purchases will be released only upon receipt of payment as specified.

 

1.11 Payment. Winning bidders/buyers will be notified by Chester County Procurement Department via notification from The Public Group using the contact information provided by bidder/buyer and payment in full is due not later than 5 business days from the time and date of the close of the auction.  Payment must be submitted to PayMac, a third-party payment processing company that receives all payments on behalf of the County of Chester, as detailed in the notification sent to the winning bidder. Acceptable forms of payment are:

·         Credit Card

·        Wire Transfer

State/Local Sales and/or Use Tax.  Buyers may be subject to payment of State and/or local sales and/or use tax.  The Public Group will invoice, collect and remit sales tax as applicable.  Buyers are responsible for contacting seller or the appropriate tax office, completing any forms and paying any taxes that may be imposed.

 

1.12 Eligibility: Minimum 18 years old and legally able to form binding contracts as a buyer.

 

1.13 Collusion. The Bidder/Buyer certifies by entering his/her bid price that the bid is made without prior understanding or agreement 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.

 

1.14 Applicable Law; Venue. Any contract resulting from this solicitation shall be governed in all respects by the laws of the Commonwealth of Pennsylvania and any litigation with respect thereto shall be brought in the courts of the Commonwealth of Pennsylvania. The Buyer shall comply with applicable federal, state and local laws and regulations. The County of Chester, herein "County" reserves the right to withdraw any sale item listed and may reject any and or all bids in the best interest of the County.