Rock Island County Metropolitan Mass Transit District (dba: MetroLINK)

Moline, Illinois

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.”  Rock Island County Metropolitan Mass Transit District (dba: MetroLINK) 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.  Some or all items may have been declared unsafe in their present condition by a federal or state safety standard.  Buyers should inspect and, if necessary, repair/test all items prior to any use.

No Description Warranty. MetroLINK is not responsible for any omissions or errors in description of items being offered for sale. All items to be sold are “As is”, “Where Is”, “With All Faults” and “Without Warranty.”  MetroLINK gives no express warranty, nor does it make any representation or implied warranty that the items will be fit or sufficient for its intended purpose or manufacture, of any merchantable quality, of good material, workmanship, or free from defect.  The Agency does not attest to the authenticity of any item. It shall be the bidder's responsibility to inspect and satisfy him or herself as to the details and conditions of the item offered before entering a bid.  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.

Reserve Requirement.  If there is a reserve requirement and the reserve price is not met by the close of bidding, MetroLINK reserves the right to sell the auction item to the next highest bidder, relist the item for auction, keep it, or otherwise dispose of the item at MetroLINK’s discretion. 

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

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 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 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.  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 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.

Pick-Up and Third Party Pick-Up Procedures.

1. You may then contact MetroLINK and arrange for a mutually convenient pick-up time. You must bring to the pick-up location (1) the Notice of Award, (2) the Paid Receipt and (3) personal picture identification (such as a Driver License). You must present all three identification items at the scheduled pick-up, or the auction item(s) will not be released to you.

2. If you are picking up an item for someone else, you will need to bring the Notice of Award and the Paid Receipt (photo copies are acceptable), plus a note from the designated winning bidder specifically naming you as authorized representative, along with your own personal picture identification. In addition, you must arrange for the winning bidder to send an e-mail from the winning bidder e-mail address used for the auction, stating that you are authorized to pick-up the item.

Any costs associated with removing the item(s) from the property is the sole responsibility of the buyer.   

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, 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.

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.  The cost, as well as the physical effort, to effect any applicable Title transfer or permit, shall be the responsibility of the Purchaser. Any applicable title, license, or transfer fee's, payable and due the State, shall be paid by the Purchaser, including any applicable sales, use or other taxes.

Insurance MetroLINK will carry the appropriate insurance (as applicable) on the item(s), only until the actual purchase of the property is executed by the purchaser.  At the time of

payment by the Purchaser, the full responsibility for insurance coverage on any purchased item will rest with the Purchaser. Insurance coverage by MetroLINK will cease. The Purchaser

must understand that even if purchased property has not yet been removed from its pre-sale storage location, all liability, including vandalism, will become the express responsibility of

the Purchaser, not MetroLINK.

Pursuant to Federal, State, and Local Laws and Regulations.          Bidders are advised that MetroLINK may have received federal assistance from the United States Department of Transportation for the items being sold.  MetroLINK has agreed to comply with the applicable Federal and State requirements for third party contracting as a condition of receiving these funds.  Bidders will abide by those Federal and State requirements which pertain to this Project and any subsequent contract. Bidders must understand that these requirements are subject to change and any subsequent revisions may result in the need for submittal of additional information, assurances, or certifications.  Any subsequent Bill of Sale resulting from this auction may be subject to the concurrence of those agencies providing financial assistance to MetroLINK.  The Bidder agrees that the most recent of such Federal and State requirements will govern the administration of this sale and any subsequent contract at any particular time, except if there is sufficient evidence in any contract of a contrary intent. Such contrary intent might be evidenced by a letter signed by the Federal Transit Administration (FTA) or the Illinois Department of Transportation (IDOT), the language of which modifies or otherwise conditions the text of a particular provision of this sale. The MetroLINK standard terms and conditions and protest procedure document can be found on our website or by notifying hallen@qcmetrolink.com.

Prohibited Interests.       No member, or officer, or employee of the Rock Island County Metropolitan Mass Transit District (MetroLINK), or a local public body with financial interest or control in any subsequent Award of Sale, during his/her tenure or for one (1) year thereafter shall have any interest, direct or indirect, in any Award of Sale or the proceeds thereof.

Interest to Members of Congress.   In accordance with 41 U.S.C. 22, no member or delegate to the Congress of the United States or the Illinois General Assembly shall be admitted to any share or part of any subsequent Award of Sale, or to any benefit arising therefrom.

Non-Collusion.  The Bidder guarantees that its Bid submittal for the acquisition of any property herein offered for sale, and any subsequent purchase of said item was not a product of collusion with any other Bidder and no effort has been made to fix the Bid Price of any Bidder, or to fix any element of any Bid Price.

Covenant Against Gratuities.  The Bidder warrants that they have not offered or given gratuities (in the form of entertainment, gifts, or otherwise) to any official or employee of MetroLINK, with a view toward securing favorable treatment in any subsequent offer of an Award of Sale.

Debarred, Suspended, or Ineligible Bidder.  The Bidder hereby certifies that it is not currently listed among any governmental lists of Parties which are debarred, suspended, ineligible, or otherwise excluded from participation in the submittal of Bids for the Sale of Surplus Equipment, which was funded in whole or in part with Federal and/or State financial assistance. Should the Bidder be placed on any such list, prior to the culmination of any purchase, the Bidder shall notify MetroLINK immediately of this change in status.

Protests.  Any protest or objection to the conditions of this Sale will be submitted for resolution to MetroLINK. Each protest must be made in writing and be supported by sufficient information to enable the protest to be considered. A protest or objection will not be considered if it is insufficiently supported or if it is not received in a timely manner.

All protests based upon restrictive requirements, alleged improprieties, or similar situations, prior to Bid Ending must be submitted no later than three (3) business days prior to the specified Bid Ending Date for this auction.

Protests arising after the Bid Opening, which are based on grounds that were known or should have been known, will be submitted in accordance with the procedures noted in the MetroLINK policy regarding protests. A copy of this policy is available upon request.

Acceptance of Terms and Conditions.  By submitting a bid, the bidder agrees that the bidder has read, fully understood, and accepted these Terms and Conditions of Online Sales, and agrees to pay for and remove the property, if the bid is accepted, by the dates and times specified.

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.