Georgia Ports Authority

Savannah, Georgia

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.

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 agrees to pay for and remove the property by the dates and times specified, if the bid is accepted.

Guaranty Waiver.  All property is offered for sale “AS IS, WHERE IS.”  Georgia Ports Authority (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.  The Buyer is not entitled to any payment for loss of profit or any other damages – special, direct, indirect, punitive or consequential.

Description Warranty. Seller warrants to the Buyer that the property offered for sale will conform to its basic description.  The property may contain flaws and/or defects may not be immediately detectable.  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 Georgia Ports Authority shall not exceed the actual purchase price of the property.  All sales are final upon payment of the property.

Inspection.  Most items offered for sale are used and may contain defects not immediately detectable.  Bidders are strongly encouraged to physically inspect the offered property prior to bidding.  Bidders must adhere to the inspection dates and times indicated in the item description. Please contact the Georgia Ports Authority at (912) 964-3800 office – (912) 966-3611 fax, or e-mail: gpasurplus@gaports.com to schedule an inspection.

Consideration of Bid. Georgia Ports Authority 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. (GovDeals only)

Buyers Premium. If a Buyers Premium is shown on the auction page bidder 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 items must be removed within 10 business days from the time and date of auction closing.  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 location of the property as indicated in the auction listing.  The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property.  Under no circumstances will Georgia Ports Authority assume responsibility for packing, loading or shipping.  However, dependent upon the types of items and availability of equipment, the Georgia Ports Authority may assist in loading items with a winning buyer signed “Hold Harmless” agreement.  Property may be removed between the hours of 9:00a.m. and 3:00p.m., Monday through Friday, excluding legal holidays by appointment only.  Winning bidder must contact the Georgia Ports Authority Surplus office to schedule an appointment for pick-up.  Property not removed within 10 business days of the auction closing will be considered abandoned, and ownership shall revert back to the seller.  The Georgia Ports Authority will not refund any portion of payment for abandoned property.  For additional information, please contact Georgia Ports Authority Surplus at (912) 964-3800 office – (912) 966-3611 fax or e-mail: gpasurplus@gaports.com.

Indemnity/Hold Harmless Agreement.  An authorized person for the Buyer shall execute Georgia Ports Authority's Indemnity/Hold Harmless Agreement, which is attached hereto as "Exhibit A".

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.

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. Georgia Ports Authority 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 10 business days.  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.  

State/Local Sales and/or Use Tax.  Buyers may be subject to payment of State and/or local sales and/or use tax. Sales tax will be collected at the point of payment.  Buyers with a valid State of Georgia tax-exemption certificate must provide a copy of the certificate prior to payment, or taxes will be collected on purchases.

Sales to Employees.  Employees of the Georgia Ports Authority may not bid on the property listed for auction.  By bidding on this auction “The purchaser certifies that this transaction does not and will not violate the provisions of Official Code of Georgia Annotated 45-10-20 et seq. in any respect.”

                                                                                                            Exhibit A

INDEMNITY/HOLD HARMLESS AGREEMENT (Surplus Sale)

_____________________________________ (hereinafter referred to as “Buyer”) agrees for itself                            Company Name

and its agents, employees, contractors, subcontractors, suppliers, servants, patrons, customers, visitors, and licensees to indemnify, protect, save and hold harmless the Georgia Ports Authority (hereinafter referred to as “Seller”), its members, directors, officers, employees and agents from and against any and all causes of action, suits, claims, damages and demands of whatever kind or nature including, without limitation, claims for bodily injury, personal injury, wrongful death, breach of contract, property damage, natural resource damage, loss of income and earnings, civil or criminal fines, that are incidental to or result from the Buyer’s presence or operations on the Seller’s property or Seller’s assistance with the loading of any item sold or the carelessness, negligence or improper conduct of Buyer, Buyer’s agents, employees, contractors, subcontractors, suppliers, servants, patrons, customers, visitors, and licensees .  Such indemnification shall be to the extent caused in whole or in part by negligent acts or omissions by the Buyer, its agents, employees and its contractors, subcontractors, suppliers, servants, patrons, customers, visitors or licensees.  Buyer agrees to defend Seller from any legal or equitable actions brought against Seller based on the Buyer’s presence or operations on the Seller’s property or Seller’s assistance with the loading of any item sold or the carelessness, negligence or improper conduct of Buyer, Buyer’s agents, employees, contractors, subcontractors, suppliers, servants, patrons, customers, visitors, and licensees and pay all expenses and attorneys fees in connection therewith.  Nothing herein shall be construed as requiring Buyer or any other person, firm or corporation to indemnify against any portion or percentage of such claim or loss, if any, caused by the negligence of Seller, its members, directors, officers, agents or employees.

Seller makes no warranties for any purpose as to the condition or usefulness/functionality of any item sold to Buyer.  Seller accepts no responsibility whatsoever for item sold after ownership is transferred to Buyer.

This agreement shall supercede any other indemnification/hold harmless agreement.  By signing this statement, I certify that I am authorized to sign on behalf of the undersigned company.

Signature                                                         Witness

Print Name                                                      Print Name

Company Name                                             Date

Title

Date