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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.” City of Bayonne (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 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
City of Bayonne shall not exceed
the actual purchase price of the property.
Please note that 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 items 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
item description. Please contact Andrew
Balik,
Purchasing Agent, e-mail:
abalik@baynj.org
to schedule an inspection.
Consideration of Bid. City of Bayonne
reserves the right to reject any and all bids
and to withdraw from sale any of the items
listed.
Buyer’s Certificate.
Successful bidders will receive a Buyer’s
Certificate by email from
GovDeals.
Payment.
Payment in full is due not later than
5 business days from the time and date
of the Buyer’s Certificate. Acceptable
forms of payment are:
·
Wire Transfer
·
U.S. Postal Money Order
·
Certified Cashiers Check
Checks shall be made payable to: City of
Bayonne. Payments shall be made at the
location listed in the Buyer’s Certificate.
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 exercises 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, bar them from further bidding and
have them removed from the GovDeals system.
If Buyer is in default, Seller may negotiate
with next closest bidder, re-list at another
auction and/or pursue all legal proceedings.
All monies collected in escrow, will be
deducted from total monies due at time of
final payment.
Removal.
All items must be removed within 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 and 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
City of Bayonne assume responsibility
for packing, loading or shipping. Property
may be removed between the hours of
9:00a.m. and 3:00p.m., Monday
through Friday, excluding legal holidays.
For additional information, please contact
Andrew Balik,
Purchasing Agent, e-mail:
abalik@baynj.org.
A daily storage fee of $10.00 may be charged
for any item not removed within the 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 any restrictions as
indicated in the item description on the
website. Open titles cannot be issued.
City of Bayonne 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 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 Buyer thirty
(30) days from the expiration of 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.
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 City of Bayonne may
bid on the property listed for auction, so
long as they do NOT bid while on duty.
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