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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SPOTSYLVANIA COUNTY, VIRGINIA

 

Online Sales Terms and Conditions

 

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

 

1. Guarantee Waiver.  All property is offered for sale AS IS, WHERE IS.  County of Spotsylvania Government (Seller) makes no warranty, guarantee 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 monetary or other damages, including but not limited to special, direct, indirect, or consequential damages.

 

2. Description Warranty.  Seller warrants to the Buyer that the property offered for sale will conform to its description.  Any claim for misrepresentation must be made prior to removal of the property.  If Seller confirms that the property does not conform to the description, Seller will keep the property and refund any money paid.  The Liability for the County of Spotsylvania Government shall not exceed the actual purchase price of the property.  Please note that upon removal of the property, all sales are final.

 

3. 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.

 

 4. Inspection.  Most items offered for sale are used and may contain defects not immediately detectable.  Bidders may inspect the property prior to bidding.  An inspection is by appointment only.  Please contact the Procurement Office at 540-507-7586 or email purchasing@spotsylvania.va.us.

 

5. Consideration of Bid.  Seller reserves the right to reject any and all bids and to withdraw from sale any of the items listed.

 

6. Buyer’s Certificate.  Successful bidders will receive a Buyer’s Certificate by email from GovDeals.   

 

7. Buyer’s Premium.  A 12.5% Buyer’s Premium will be added to the final selling price of all items in addition to any taxes imposed.

 

 8. Payment.  Payment in full is due not later than 5 business days from the time and date of the Buyers Certificate.  Payment must be made electronically through the GovDeals Website.  Acceptable forms of payment are:

PayPal

Wire Transfer

Credit Card (Visa, MasterCard, Discover, or American Express)

PayPal and credit card purchases are limited to below $5,000.00.  If the winning bid plus applicable taxes, if any indicated, and the buyer’s premium, equals more than $4,999.99, PayPal may not be used.  If Wire Transfer is chosen, a Wire Transfer Transaction Summary page will provide payment and account information.  The Wire Transfer must be completed within 5 business days from the sold time and date stated on the Buyer’s Certificate. 

 

9. Escrow Payment.  When the purchase price (of a single item or the aggregate purchase price of multiple items) totals $5,000 or greater, the Seller may require a down payment from the winning Buyer.  This non-refundable fee will be 20% of the total purchase price.  When the Seller exercise this option, the Buyer will have 48 hours from the time of issuance of the Buyers Certificate to comply with this requirement.  If Buyer fails to comply with this requirement within the stated time frame, the Seller can declare Buyer in default, retain the 20% of the purchase price placed in escrow, bar the Buyer from further bidding and have the Buyer removed from the GovDeals system.  If Buyer is in default, Seller may negotiate with next closest bidder, relist at another auction and /or pursue all legal remedies.  All monies collected in escrow, will be deducted from total monies due at time of final payment. 

 

10. Removal.  PROPERTY MAY BE REMOVED BY APPOINTMENT ONLY.  All items must be removed within 10 business days from the times and date of issuance of the Buyers Certificate.  Purchases will be released only upon receipt of payment as specified.  Prior to removal a buyer must present documentation either by email or with the authorized representative stating they have authorized a removal on their behalf.  The buyer or buyer’s authorized representative must sign a Bill of Sale before removal as well.  Please contact the Procurement Office at 540-507-7586 or email purchasing@spotsylvania.va.us to schedule removal.

 

Successful bidders are responsible for any and all property awarded to them, including loading and removal.  The Buyer will make all arrangement and perform all work necessary, including packing, loading, and transporting of the property.  Under no circumstances will County of Spotsylvania Government or Spotsylvania County Schools assume responsibility for packing, loading, or shipping.  A daily storage fee of $10.00 for items under $500.00 and $30.00 for items over $500.00 may be charged for any item not removed within the 10 business days allowed and as stated on the Buyer’s Certificate.

 

11. Vehicle Titles.  Seller will issue a title or certificate upon receipt of payment and a signed Bill of Sale.  Titles may be subject to any restrictions as indicated in the item description on the website.  Open titles cannot be issued.  County of Spotsylvania Government will not issue replacement titles.

 

12. 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 items 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 which are provided by law.  The buyer agrees to forfeit monies paid in the case of items not removed within removal period previously stated in these Terms and Conditions.  Seller reserves the right to reclaim and resell all items defaulted.

 

13. Acceptance of Terms and Conditions.  By submitting a bid, the bidder agrees that they have read, fully understand and accept these Terms and Conditions of Online Sales, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified.  These Terms and Conditions are displayed at the top of each page of each item listed on GovDeals.

 

14. 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 the appropriate tax office, completing any forms, and paying any taxes that may be imposed.

 

15. Disposal.  Buyer shall dispose of property purchased from Seller in accordance with all applicable federal, state, and local laws, regulations, and ordinances.  Seller takes no responsibility for the actions of Buyer with respect to the disposal of property.

 

16. Sales to Employees.  Pursuant to the State and Local Government Conflict of Interests Act (Code of Virginia §2.2-3100, et. seq.), employees of the County of Spotsylvania and their immediate family may only bid on surplus property listed for auction when the total purchase does NOT exceed $500.00.  Employees may NOT bid while on duty and may NOT place bids from County owned computers.  All bids conform to the provisions of the State and Local Government Conflict of Interest Act.