Incorporation by Reference of Buyer Terms and Conditions. These Terms and Conditions are specific to this auction and supplement our standard Buyer Terms and Conditions applicable to all bidders on our marketplace. You hereby acknowledge and agree to the most recent Buyer Terms and Conditions which are hereby incorporated by reference into these Terms and Conditions specific to this auction. In the event of a conflict between these Terms and Conditions specific to this auction and our standard Buyer Terms and Conditions, these Terms and Conditions shall control. A link to our most current version of Buyer Terms and Conditions can be found on the Site Map which can be accessed at the bottom of each page on our marketplace website.
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State of Indiana Fleet Services  

Indianapolis, Indiana

 

Online Sales - Terms and Conditions

 

All bidders and other participants of this service agree they have read and fully understand these terms and agree to be bound thereby.

 

Guaranty Waiver.  All assets are offered for sale “AS IS, WHERE IS.”  State of Indiana Administrative Services (Seller) makes no 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.  The Buyer is not entitled to any payment for loss of profit or any other money damages – special, direct, indirect or consequential.

 

Description Warranty. Seller warrants to the Buyer the property offered for sale are used and may contain defects not immediately detectable. Bidders may inspect the property prior to bidding. Bidders must adhere to the inspection dates and times indicated in the item description. 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 will not be allowed to test, operate or disassemble any item featured in an auction. Please note upon removal of the property, all sales are final and no refunds are given.

 

Personal and Property Risk.  Persons attending during exhibition, sale, or removal of goods assume all risks of damage of or loss to person and property and specifically release the Seller and GovDeals from liability therefore.

 

Consideration of Bid. Seller reserves the right to reject any and all bids and to withdraw from sale any of the assets listed at any time until the Seller has received payment in full for the assets and Buyer has removed the assets from the Seller's premises in their entirety.


Buyer’s Certificate.
  If applicable, successful bidders will receive a Buyer’s Certificate by email from GovDeals as their notice of award.

 

Buyer’s Premium & Additional Fees. If a Buyer’s Premium and/or Additional Fees are shown on the auction page Bid Box, then that amount (expressed as a percentage of the final selling price or a specified amount) will be added to the final selling price of all items.

 

Payment. Payment in full is due not later than 5 business days from the time and date of the close of the auction.  Please refer to the payment instructions listed on the auction page for complete payment terms and methods.  Please refer to the Bid Box for all fees and taxes that may be associated with the auction.

 

State/Local Sales and/or Use Tax.  Buyers may be subject to payment of State and/or local sales and/or use tax. Buyers are responsible for contacting Seller or the appropriate tax office, completing any forms and paying any taxes that may be imposed. Buyers must provide any applicable tax exempt documents to Seller within 24 hours of the auction closing and before payment is made.

 

Removal.  All assets must be removed within five (5) business days from the date of payment notification received from Department of Administration/Indiana State Fleet Services office.  Purchases will be released only upon receipt of payment as specified.  Successful buyers are responsible for loading and removal of any and all property awarded to them from the place where the property is located as indicated on the website and in the Buyer’s Certificate.  The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property.  Under no circumstances will Seller assume responsibility for packing, loading or shipping.  See instructions on each auction page for complete removal details.

 

Vehicle Titles. Seller will issue a title or certificate if applicable upon removal of the vehicle.  Titles may be subject to restrictions as indicated in the asset description on the website.

 

Default.  Default shall include (1) failure to observe these terms and conditions; (2) failure to make good and timely payment; or (3) failure to remove all assets within the specified time.  Default may result in termination of the contract and suspension from participation in all future sales until the default has been cured.  If the Buyer fails in the performance of their obligations, Seller may exercise such rights and may pursue such remedies as are provided by law.  Seller reserves the right to reclaim without refund and resell all items not removed by the specified removal date.

 

Acceptance of Terms and Conditions.  By submitting a bid, the bidder agrees they have read, fully understand and accept these Terms and Conditions, and agree to pay for and remove the property, by the dates and times specified. These Terms and Conditions are available for review in the bid box at the top of each page of each asset listed on GovDeals. Specific Instructions (Payment, Removal, and Special) appearing on the asset page will override certain sections of these Terms and Conditions.

 

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 Indiana shall govern all matters relating to the use of this auction and purchase of items listed by the State on this site.

 

Sales to Employees. 

 

Pursuant to IC 5-22-21-11;

 

The [IDOA] Commissioner may prohibit any of the following from bidding on property sold under this chapter or IC 5-22-22 [state surplus personal property] when a state employee has participated in the disposal process of the state agency that has possession of the property:

 

1. The state employee.

2. The spouse of the state employee.

3. An unemancipated child of the state employee.

4. An agent of any of the individuals described in subdivisions (1) through (3).

 

The IDOA Commissioner has determined that any individual involved with the disposal of the state owned vehicles, including but not limited to individuals whose job it is to manage the asset inventory, those individuals involved with the online auction company selection process, or any individual who determines which specific vehicles are to be sold, are prohibited from bidding on surplus state-owned vehicles. It is further understood that state employees must be on preapproved leave time (i.e. vacation or personal time) when attending such auctions.

 

INDOT EMPLOYEES:

 

INDOT employees, spouses, and employee's unemancipated children are prohibited from bidding on surplus property listed from INDOT.

 

ALL STATE EMPLOYEES:

 

An employee that is associated with a department or facility disposing of property is prohibited from bidding.