Contracts and Procurement Department

3120 Bayard Street

East Point, Georgia 30344

Telephone: 404.270.7136

Fax: 404.270.7824

Online Sales – Terms and Conditions

1.    Bidding: By placing a bid on this item, all Bidders, their agents, representatives, employers, and other direct or indirect participants of this auction agree that they have read and fully understand these terms and agree to be bound thereby.

2.    Guaranty Waiver:  All items are offered for sale “AS IS, WHERE IS.”  The City of East Point, Georgia (herein also referred to as the “Seller”) makes no warranty, guaranty, or representations of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the items offered for sale.  The Buyer (herein also referred to as the “Bidder”) is not entitled to any payment for loss of profit or any other monetary damages – special, direct, indirect, or consequential – as a result of this sale / purchase.

3.    Description Warranty:  Seller warrants to the Buyer that the items offered for sale will conform to their description as posted on the GovDeals website.  Any claim for an erroneous description must be made prior to removal of the item from the Seller’s premises.  If Seller confirms that an item does not conform to the description provided by the City of East Point, Georgia in the GovDeals posting, the Seller will keep the item and arrange for the refund any monies paid for the procurement of the item.  However, under no circumstances shall the liability of The City of East Point, Georgia, exceed the actual purchase price of the item.  Please note that upon removal of the item from City property, ALL SALES ARE FINAL and no claims whatsoever shall be honored or given consideration by the City.

4.    Personal and Property Risk:  Persons attending, visiting, or otherwise upon City property during exhibition, sale, or removal of goods assume all risks for damage of or loss to persons and property and specifically release the Seller and GovDeals from any and all liability.

5.    Inspections:  Most, if not all, items offered for sale by the City of East Point, Georgia, are used and may contain defects not immediately detectable upon visual inspection.  Items not previously put into use may be designated as “new” by the Seller but should be expected by the Buyer to be shelf-worn, outdated, obsolete, or otherwise “dated” in nature.  Bidders may inspect the posted items prior to bidding.  Bidders must adhere to the inspection dates and times stipulated in the posted item’s description.

6.    To Inspect a Vehicle:  To schedule a time to view and / or inspect a vehicle or to ask a specific question regarding a vehicle, please contact Alphonso Linsey, Fleet Manager, at 404.270.7127 or email alinsey@eastpointcity.org, or Patrick Johnson at 404.270.7098 or email pjohnson@eastpointcity.org.  All inspections must be scheduled in advance and shall occur between the hours of 9:00 AM to 2:00 PM, Monday through Friday ONLY.  Unannounced and unscheduled inspections shall not be conducted.  Inspections will not be scheduled during City holidays or during times when it is inconvenient or may interfere with daily City business.

7.    Vehicle Title Information:  For information regarding vehicle titles, please contact Miguel Hayes at 404.669.4329, email mhayes@eastpointcity.org

8.    To Inspect All Other Items:  To schedule a time to view and / or inspect any item with the exception of vehicles, please contact Miguel Hayes, Inventory Control Specialist, at 404.669.4329 or email mhayes@eastpointcity.org or Ken Jenkins, Warehouse Clerk at 404.669.4386 or email kjenkins@eastpointcity.org.

9.    To Schedule Inspections: All inspections must be scheduled in advance and shall occur between the hours of 9:00 AM and 2:00 PM, Monday through Friday ONLY.  Unannounced and unscheduled inspections shall not be conducted.  Inspections will not be scheduled during City holidays or during times when it is inconvenient or may interfere with daily City business.

10.  Consideration of Bid:  The City of East Point, Georgia, reserves the right to reject any and all bids or to withdraw from sale any or all of the items listed herein.

11.  Buyer’s Certificate:  Successful bidders shall receive a Buyer’s Certificate by email from GovDeals.  Items may not be removed from the Seller’s premises without a Buyer’s Certificate from GovDeals including proof of payment in full.

12.  Buyer’s Premium:  A Buyer’s Premium may be charged on any auctioned item.  The Buyer’s Premium will be expressed as a percentage (%) and will applicable to the selling price of the item(s) on the auction page.  If a Buyer’s Premium is indicated on the auction page bidder box, then that percentage amount in dollars and cents will be added to the final selling price of the item(s) in addition to any taxes imposed.

13.  Payment:  Payment in full is due no later than five (5) business days from the time and date of the issuance of the Buyer’s Certificate / close of auction.  Payment in full must be made electronically through the GovDeals website.  Acceptable forms of payment are as follows:

·         Visa

·         MasterCard

·         Discover

·         American Express

·         PayPal

·         Wire Transfer

14.  Credit Card / PayPal Limits:  Credit card and PayPal purchases are limited to less than five thousand dollars ($5,000.00).  If the winning bid plus applicable taxes and the Buyer’s Premium, if any, equals more than four thousand nine hundred and ninety-nine dollars and ninety-nine cents ($4,999.99), a credit card or PayPal cannot be used to complete the purchase.  Under these circumstances, a Wire Transfer Transaction Summary page will be provided which will indicate the payment amount and relevant account information.  The wire transfer the purchase the item(s) must be completed no later than five (5) business days from the time and date of the receipt of the Wire Transfer Transaction Summary.

15.  Failure to Pay:  Failure to pay in full as agreed upon may result in immediate relisting of the item or disposal of the item through other means by the City.  Payment for won auction items shall only be accepted through GovDeals and no payments for auction items may be made directly to the City.  Timely and proper submission of payment for this auction shall be the sole responsibility of the winning Bidder.

16.  Removal of Goods:  All items must be removed from City property within ten (10) business days from the date of issuance of the Buyer’s Certificate / close of auction.  Purchases shall be released only upon receipt of payment as specified above.  Buyers shall not assume any vehicles purchased will start or run or be in a safe and drivable or road-worthy condition.  Successful Bidders shall be responsible for packing, loading, and / or safe and lawful removal of any and all items awarded to them from the place where the items are located as indicated on the website and in the Buyer’s Certificate.

17.  To Arrange for the Removal of Vehicles and Other Items:  The Buyer shall make all arrangements and perform all work necessary, including packing, loading, and transporting of the items awarded to them.  Under no circumstances shall the City of East Point, Georgia assume responsibility for or assist in anyway in packing, loading, or shipping of purchased items.  Items may be removed between the hours of 9:00 AM to 2:00 PM, Monday through Friday ONLY, excluding City holidays.  For additional information, please contact Miguel Hayes, Inventory Control Specialist, at 404.669.4329 or e-mail mhayes@eastpointcity.org or Derrick Corbin, Warehouse Clerk at 404.270.7026 or e-mail dcorbin@eastpointcity.org or Kendrick Jenkins, Warehouse Clerk, at 404.669.4386 or kjenkins@eastpointcity.org  to schedule an inspection of the place where the auctioned goods are located, and the conditions in which they are stored (boxed, unboxed, palletized, loose on a shelf, etc.).

18.  Non-Refundable Storage Fees:  If a written agreement is entered into between the City and a Buyer, a non-refundable storage fee of no less than ten dollars ($10.00) per calendar day, including Saturdays and Sundays and legal holidays, shall be charged for any item not removed from City property within the ten (10) business days following the sale of the item.  Under these circumstances, the date of the sale of the item shall mark the first calendar day the storage fee shall be charged and the storage shall continue to be charged for each and every calendar day until the day of removal of the item from the City’s property, which shall be the last day the storage fee is charged.  If the procured item is not picked up by the Buyer within thirty (30) calendar days following issuance of the Buyer’s Certificate, the City shall dispose of the item as it sees fit.  Under such circumstances, the Buyer shall forfeit any and all claims to a refund of any amount or of any type and shall additionally forfeit their claim to ownership of the item.

19.  Vehicle Titles:  If Seller has a title or certificate of ownership of the vehicle being sold, the Seller will provide the title or certificate of ownership to the Buyer after payment is made in full and after title or certificate is signed by the approved signer of the City of East Point, (approximately (2) weeks after payment).  By making payment in full for the vehicle, Buyer agrees to the title or certificate of ownership. However, if the Seller does not have a title or certificate of ownership for the vehicle being sold, obtaining a title or certificate of ownership for the vehicle after the sale shall be the sole responsibility of the Buyer.  Any and all fees and / or penalties relating to obtaining a vehicle’s title or certificate of ownership shall be the sole responsibility of the Buyer and the City shall not be held responsible for payment and / or reimbursement of any such funds.  Titles may be subject to any restrictions as determined by the State of Georgia.

20.  Default:  Default shall include: (1) failure to observe these terms and conditions, (2) failure to make good and timely payment, and / or (3) failure to remove all items within the specified time allotted.  Default may result in termination of the current sale 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 legal remedies as are provided by law.  Seller reserves the right to reclaim and resell any and all items not removed from City property by Buyer within thirty (30) calendar days from the issuance date of the Buyer’s Certificate / close of auction, regardless of circumstances.

21.  Acceptance of Terms and Conditions:  By submitting a bid, the Bidder agrees that they have read, fully understand, and accept these Terms and Conditions for Online Sales, and agree to pay for and remove the item, if the bid is accepted, by the date specified herein.  Access to these Terms and Conditions shall be displayed on each page of each item listed on GovDeals by the City of East Point.

22.  State / Local Sales and/or Use Tax:  The City shall not charge sales and use tax.  However, Buyers may be subject to payment of taxes on certain items.  Buyers are responsible for contacting the appropriate tax office, completing any forms, and paying any taxes that may be imposed upon the purchased items.  Under no circumstances shall the City of East Point be held responsible for the payment of any type or form of tax.

23.  Sales to Employees:  Employees of the City of East Point, Georgia may bid on the items listed for auction, so long as they do NOT bid while on duty or at work; however, Employees may not bid on items from the departments in which they work.