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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City of Johnson City, Tennessee

 

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.

 

Guaranty Waiver:  All property is offered for sale “AS IS, WHERE IS.”  The City of Johnson City (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 that the property offered for sale will conform to its description.  Any claim for incorrect description 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 of the City of Johnson City shall not exceed the actual purchase price of the property.  All sales are final upon removal of property.

 

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 auction firm from liability therefore. 

 

Inspection.  Most assets 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 asset description. See instructions on each asset page for inspection details.

 

Consideration of Bid.  The City of Johnson City reserves the right to reject any and all bids and to withdraw from sale any of the items listed.

 

Successful Bid Notification.  The successful bidder will receive notification via e-mail of the winning bid.

 

Payment.  Payment in full and in the exact amount is due no later than 5 business days from the time and date of successful bid notification.  Acceptable forms of payment are:

    U. S. Currency

    Cashier’s Check

    Money Order

    Company Check (with Bank letter guaranteeing payment – mandatory)

Checks should be made payable to the City of Johnson City, TN.  Payments shall be made at the Finance Dept., 601 East Main St., Johnson City, TN.  Proof of payment will then be presented to Johnson City Police Dept., 601 East Main St., Johnson City, TN 37601 for title and vehicle.

 

Payment Address.  Finance Department, 601 E. Main St., Johnson City, TN 37601.

 

Vehicle Title & Pick-up Information.  Jolene Combs, Police Dept., 601 E. Main St., Johnson City, TN 37601.  Call (423) 975-2715 24 hours prior to pick-up date.

 

Removal.  All assets must be removed within ten (10) business days from the time and date of issuance of the Buyer’s Certificate.  Purchases will be released only upon receipt of payment as specified.  Successful bidders 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 asset page for removal details. A daily storage fee of $10.00 may be charged for any item not removed within the ten (10) business days allowed and stated on the Buyer’s Certificate.

 

Storage Fee.  A daily storage fee of $10 may be charged for any item not removed within the ten business days allowed.

 

Vehicle Titles.  Seller will issue a title, certificate, or bill of sale upon receipt of payment and removal of vehicle.  Titles may be subject to any restrictions as indicated in the item description on the website.  Open titles cannot be issued.  The City of Johnson City will not issue replacement titles.

 

Default. 

Default shall include (1) failure to observe these Terms and Conditions; (2) failure to make good and timely payment; and/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 obligation, Seller may exercise such rights and may pursue such remedies as are provided by law.  Seller reserves the right to reclaim and resell all items not removed by the Buyer thirty (30) days from the expiration of 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 of Online Sales, and agree to pay for and remove the property, if the bid is accepted, by the specified dates and times. 

 

State/Local Sales and/or Use Tax.  Buyers will be subject to payment of State and/or local sales and/or use tax unless resale certificate or sales tax number is presented at time of payment.

 

Sales to Employees.  City of Johnson City employees may bid on property listed for auction so long as they do NOT bid while on duty.