City of Live Oak

Live Oak, Texas

Online Sales - Terms and Conditions

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

Definitions.  For the purposes of this Agreement, the following terms, phrases, words, and their derivations, shall have the meaning given herein, unless more specifically defined within a specific Article or Section of this Memorandum of Understanding.  When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.  The words “shall” and “will” are mandatory and “may” is permissive.  Words not defined shall be given their common and ordinary meaning.

1.      “Seller” shall mean the City of Live Oak, Bexar County, Texas.

2.      “Buyer” shall mean the person or company or entity making a bid for property being advertised on GovDeals Auction website.

Guaranty Waiver.  All assets are offered for sale “AS IS, WHERE IS.”  City of Live Oak (“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 will conform to its description.  Any claim for misdescription must be made prior to removal of the property.  If the Seller confirms the property does not conform to the description, the Seller will keep the property and refund any money paid.  The liability of the Seller shall not exceed the actual purchase price of the property.  Please note upon removal of the property, all sales are final.

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.  Most assets offered for sale are used and may contain defects not immediately detectable.  Buyers may inspect the property prior to bidding.  Buyers must adhere to the inspection dates and times indicated in the asset description. See special instructions on each asset page for inspection details.

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

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

Buyers Premium. If a Buyers Premium is shown on the auction page Buyer box, then that amount (expressed as a percentage of the final selling price) 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 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 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 the Seller assume responsibility for packing, loading or shipping.  See special 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.

Vehicle Titles. Seller will issue a title or certificate upon receipt of payment.  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, the Seller may exercise such rights and may pursue such remedies as are provided by law.  The Seller reserves the right to reclaim and resell all items not removed by the specified removal date.

Acceptance of Terms and Conditions.  By submitting a bid, the Buyer 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 displayed at the top of each page of each asset 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 seller or the appropriate tax office, completing any forms and paying any taxes that may be imposed.  Seller is not responsible for payment of any taxes and acceptance of these terms releases Seller from any obligations associated with applicable State and/or local sales and/or use tax.

Sales to Employees.  Employees of the Seller may bid on the property listed for auction, so long as they do NOT bid while on duty.