Terms & Conditions - Sacramento County, CA

Incorporation by Reference of User Agreement. These User Agreement are specific to this auction and supplement our standard User Agreement applicable to all bidders on our marketplace. You hereby acknowledge and agree to the most recent User Agreement 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 User Agreement, these Terms and Conditions shall control. A link to our most current version of User Agreement can be found at the bottom of the page and on the Site Map which can be accessed at the bottom of each page on our marketplace website
ÿþ<html> <head> <meta http-equiv=Content-Type content="text/html; charset=unicode"> <meta name=Generator content="Microsoft Word 15 (filtered)"> <title>GovDeals.com - Terms and Conditions</title> <style>  </style> </head> <body bgcolor=white lang=EN-US link=blue vlink=purple style='word-wrap:break-word'> <div class=WordSection1>   County of Sacramento Sacramento, California   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.  It is the bidder's responsibility to personally view the items upon which he/she bids and assure him/herself as to its condition and as to its meeting the bid description. County of Sacramento 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 Seller confirms the property does not conform to the description, 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.  Bidders may inspect the property prior to bidding.  Bidders must adhere to the inspection dates and times indicated in the asset description. See special instructions on each asset page for inspection details.   Bid Deposits. Seller may require bid deposits in order to ensure fairness and equity to all buyers as a way to decrease default bidding. The deposit will be reversed if no default occurs or the bidder does not win the auction. Seller will collect and retain the deposit if there is a default by the winning bidder.   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.   Awards. Seller reserves the right: (1) to withdraw any item from the sale; (2) to award bids received on the basis of individual items, or groups of items, or on the entire list of items; (3) to reject any or all bids, or any part thereof; (4) to waive any informality in the bids; and (5) to accept the bid that is in the best interest of the County. The County's decision shall be final.   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 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 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. Please review the Payment Instructions for all information related to Sales Tax and Tax Exemptions.   Removal. All assets must be removed within nine (9) business days from the time and date of the close of the auction. 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. A daily storage fee of $25.00 may be charged for any item not removed within the ten (10) business days allowed and stated on the Buyer s Certificate. If the items are not removed within 30 days for any reason whatsoever, it shall again become the property of the County of Sacramento, to be disposed of as it sees fit.   Approval. Some Auctions/Sales are subject to Seller approval prior to award to the high bidder. Please review the auction/sale page for full terms of the sale and whether the final bid/sale is subject to approval.   Vehicles. Seller does not warrant conformity of vehicles to the requirements of the California Vehicle Code. Seller will issue a title or certificate upon receipt of payment. Pursuant to California Vehicle Code 24007.5 notice is given that all buyers of vehicles must obtain a certificate of compliance for smog control devices prior to registration. The document certifies the vehicle complies with applicable Health and Safety Code requirements. Purchases by dealers and vehicles sold for dismantling or for exclusive off-highway use are exempt from this requirement.  Titles may be subject to restrictions as indicated in the asset description on the website.   Mobile Homes. Seller does not warrant conformity of mobile homes to the requirements of the California Housing and Community Development Code.   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 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.   Sales to Employees.  County employees may bid except as prohibited by Section 2.56.150 of the Sacramento County Code: No County employee responsible for the declaration or sale of the surplus property item, or the subordinate of those persons, shall either directly or indirectly submit a bid or purchase such property.   </div> </body> </html>

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