DeSoto County Board of County Commissioners

Arcadia, Florida

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 DeSoto County Board of County Commissioners (Seller) makes no warranty, guaranty or representation of any kind expressed or implied as to the condition, utility or usability of the property for any purpose whatever offered for sale.  Seller further makes no warranty of merchantability. 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 the sale will conform to its description.  Any claim for misdescription 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 DeSoto County Board of County Commissioners shall not exceed the actual purchase price of the property.  Please note that upon removal of the property, all sales are final.

Obligations of Buyer to GovDeals. Buyer must honor all obligations to GovDeals in connection with the use of GovDeals On-Line Auction Service as more particularly described in the Bidder’s Agreement.  Buyer’s obligation shall include, but not be limited to, the obligation to pay for any item for which Buyer is the highest bidder.  In the event Buyer fails to purchase any said item, GovDeals may, at its option, assess Buyer a service fee equal to 40% of your successful bid price on the item.  GovDeals may further issue a warning or temporarily or permanently suspend and bar or prohibit Buyer from using the GovDeals On-Line Auction Service.

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.

Inspection.  Removal shall be at the expense, liability, and risk of the buyer.  Buyer will make all arrangements and perform all work necessary, including packaging, loading and transportation of the property.  Most items offered for sale are used and may contain defects not immediately detectable.  Bidders may inspect the property prior to bidding.   Inspection of items as well as removal are by appointment only and can be made by contacting Cindy Talamantez, CPPB, FCPM Purchasing Manager @ 863-993-4816 or email c.talamantez@desotobocc.com.

Consideration of Bid.  The DeSoto County Board of County Commissioners reserves the right to reject any and all bids and to withdraw from sale any of the items listed. The decision of the County shall be final and absolute.

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

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 in addition to any taxes imposed.

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

·         Visa

·         MasterCard

·         American Express

·         Discover

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 and Credit Cards 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 days.

Removal.  All items must be removed within 5 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.  Payments shall be made at the location listed 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 the DeSoto County Board of County Commissioners assume responsibility for packing, loading or shipping.  Property may be removed between the hours of 9:00 am and 3:00 p.m., Monday through Thursday, excluding legal holidays.  To schedule for pick-up or for additional information, please contact Cindy Talamantez, CPPB, FCPM Purchasing Manager @ 863-993-4816 or email c.talamantez@desotobocc.com.  A daily storage fee of $10.00 may be charged for any item not removed within the 5 business days allowed and stated on the Buyer’s Certificate.

Vehicle Titles. Seller will issue a title or certificate upon receipt of payment.  Titles may be subject to any restrictions as indicated in the item description on the website.  Open titles cannot be issued.  DeSoto County Board of County Commissioners 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; 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 reserves the right to reclaim and resell all items not removed by Buyer by the specified removal date.

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. Special Instructions appearing on the asset page will override certain sections of the terms and conditions.

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.

Sales to Employees.  Employees of the DeSoto County Board of County Commissioners, whether Full time, part time, or temporary employees may not bid on the property offered at auction.