MONTGOMERY COUNTY, MARYLAND

TERMS AND CONDITIONS OF SALE

1.       General:  Items are offered for sale by Montgomery County, Maryland, identified herein as the “County”.  However, a third-party online auction services contractor is managing the sale of surplus equipment and vehicles on the County’s behalf. Those submitting bids are identified herein as “bidder(s)” or “buyer(s)”. 

2.       Eligibility:  A buyer must be at least 18 years old and legally able to form a binding contract.

3.       On-Site Inspection: The bidder is responsible for determining the condition of the equipment or vehicle for auction.  Prospective bidders are encouraged to inspect the equipment or vehicle prior to bidding, and to place bids based solely on their personal inspection and evaluation.  Prospective bidders will not be allowed to test, operate, or disassemble any item featured in an auction. The auction listing will detail on-site inspection locations for equipment or vehicles to be auctioned by the County.

4.       WARRANTY:  ALL PROPERTY IS SOLD “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS, IF ANY”.  THE COUNTY DISCLAIMS ALL WARRANTIES OR GUARANTEES, EXPRESSED OR IMPLIED, AS TO THE CONDITION, QUALITY, COMPLETENESS OR FITNESS FOR ANY PARTICULAR OR GENERAL PURPOSE OR COMPLIANCE TO SAFETY REGULATIONS OF THE PROPERTY BEING SOLD.  DESCRIPTIONS OF ITEMS APPEARING IN THIS ONLINE AUCTION ARE BELIEVED TO BE CORRECT.  HOWEVER, THOSE DESCRIPTIONS, OR ANY OTHER ORAL STATEMENTS MADE BY ANY PERSON CONCERNING ANY ITEM WILL NOT BE CONSIDERED A WARRANTY, EXPRESSED OR IMPLIED.  THE COUNTY OFFERS NO GUARANTEES OR WARRANTIES.  DETERMINATION OF THE CONDITION, FUNCTION, AND PERCEIVED OR ASSUMED VALUE IS THE SOLE RESPONSIBILITY OF THE BUYER.

5.       Ownership:  Upon placing the highest bid, the highest bidder has entered into a binding contract with the County, and is obligated to pay the winning bid price and any applicable taxes.  In the case of a reserve auction, the highest bidder meeting or exceeding the auction reserve price must pay the winning bid price and any applicable taxes.

Awarded items must be removed from the County’s premises within ten (10) business days of the close of the auction.  However, no property may be claimed or removed prior to making full payment.  If unclaimed by winning bidders, the County reserves the right to re-auction or award the item to the next highest bidder.  Bidders that fail to claim, pay for, and/or remove auction items from the County’s premises by the close of business on the 10th business day after the auction will forfeit their rights to the auctioned item, and be declared a default bidder.  If one item goes into default, all items won by the bidder go into default and are subject to resale.  Bidders should verify winning status before traveling to the County location.

6.       Acceptance and Removal: The Buyer must make all arrangements and perform all work necessary, including packing, loading and transportation of their item. This includes the use of proper tools and the right vehicle to accommodate the size and weight of the item. The Seller reserves the right to withhold loading and removal assistance if in the Seller’s opinion damage may occur due to unsafe or questionable conditions. In this event, the Buyer may be given an extension of up to five (5) business days to allow time for the Buyer to make other loading and removal arrangements, independent of the Seller.

7.       Forklift Assistance and Waiver: In the event a forklift or any other loading assistance is necessary, the County may elect to provide this assistance as a courtesy after the buyer completes a Loading/Forklift Assistance Waiver form.  

8.       Payment Process:  The winning bidder is required to submit payment to GovDeals within five (5) business days of the close of the auction by accessing their bidder portal. If you encounter a problem, contact bidder customer support at 1-800-613-0156, option # 1 or email them at customerservice@govdeals.com. Failure to submit a payment in five (5) business days could result in the auction be cancelled, your bidder account being locked, and the item being offered to the next highest bidder.  

9.       Shipping:  Unless otherwise noted, all items sold must be picked up at the designated County facility.  The County will not ship items or prepare items for shipping.  Winning bidders will be solely responsible for pick-up or shipping arrangements, and all associated costs.  The risk of loss transfers to the buyer at the time of sale.  Winning  bidders must allow sufficient time to load items for transport before close of business at the County location at which such items are being picked up.

Indemnification:  Buyers agree to indemnify and hold the County harmless for any and all damages, claims, or liability of any nature or kind in the sale of, or the buyer’s use of, the property.  The buyer, its predecessors, successors and assigns hereby release, relinquish and discharge the County, its former, present and future agents, employees, officers, officials and legal representatives (collectively known as “the County”) from any liability arising out of the sale and/or concurrent negligence of the County for any injury, including death or damage to persons or property, where such damage is sustained in connection with, or arising out of, the sale of County owned property. 

10.   Liability:  Items are offered for sale using the services and website of the online auction service contractor.  Under no circumstances will the County be liable to any person or business entity for any and all damages or losses including but not limited to direct, indirect, special, incidental, consequential, or other damages or losses based on, or caused by, any use of the auction website, or any other website to which the website is linked, the content of such websites, or any viruses or other harmful components derived from any such websites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information.  The County cannot and will not guarantee uninterrupted access to the auction system.   The County reserves the right to invalidate or void any sale, at any time, even if an award notification email has been received.  In the event the County determines that the sale is invalid or void the County will, as the exclusive remedy available to the buyer, reimburse the bid price paid by the buyer, without interest or any associated cost.  The bidder assumes all risks of any irregularity of the sale and has no other remedy against the County.  The County is not liable for and will not pay the buyer any cost, expense, damage or attorney fees associated with any invalid or void sale. 

11.   Reproduction of Auction Materials and Resale of Items Listed:  Bidders or website users may reproduce or copy images, photographs, or descriptions of property listed on the auction site for personal use only.  Bidders and website users may not reproduce, display, or broadcast online auction materials by any means, or by using any media, without the express written permission of the County.  The County reserves the right to disallow participation in the online auction by any website user or bidder at any time for violating applicable laws, ordinances, terms and conditions listed herein, or for activity deemed unacceptable by the County.  Before paying for and taking possession of the items listed for the sale by the County, successful bidders and website users will not post or list the same items for sale by any other means. 

Privacy:  Personal information gathered from bidders during the auction process is not sold or rented.  Personal information is used for the purpose of conducting online auctions and not used for any other purpose.  Be advised that County auction transactions are subject to the Annotated Code of Maryland Articles 10-611 through 10-630, also known as the Maryland Public Information Act.

12.   Applicable Law:  Although this site may be accessed from any state, bidders who participate in this auction agree that the laws of the State of Maryland and Montgomery County will govern all matters relating to the use of this auction and purchase of items listed by the County on this site.

By signing the Terms and Conditions, the Buyer acknowledges that they have read and understand its contents, and voluntarily agree to all terms and conditions stated herein.

Buyer’s Signature: ______________________________________________________                                    

Printed Name: ___________________________________________________ Date: ______________