Washington County

Abingdon, VA

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.

Online Sales – Terms and Conditions

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.

Guaranty Waiver. All property is offered for sale “Sold As Is – No Warranty” at the point shown. Washington County (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. Those submitting bids are expected or implied, as to the merchantability or fitness for any purpose of the property offered for sale. Those submitting the bids are expected to examine the property and determine for themselves the information they desire concerning it. The Buyer is not entitled to any payment for loss of profit or any other money damages – special, direct, indirect, or consequential.

Conflict of Interest. In accordance with the terms of the State and Local Government, Conflicts of Interests Act, Virginia Code, Sections 2.2-3100 through 2.2-3127, the following provisions apply to the sale of surplus County property.

1.      Employees of County and Constitutional Office, including members of their immediate family, may not participate in the purchase from the County of any property which has been declared surplus by that agency or office and which is sold by public auction or through competitive sealed bidding.

2.      Any employee of County and Constitutional Office, regardless of his/her position, agency, or office, who has acquired by reason of his or her position, confidential information about the property being sold, and which information is not available to the public, including members of their immediate family, may not participate in the purchase from the County  of any property (about which he/she has acquired confidential information), which is sold at public auction or through competitive sealed bidding.

3.       

4.      In paragraphs (1) and (2) above, the term “immediate family” means a spouse and any other person residing in the same household as the officer or employee or as a dependent of the officer or employee, or of whom officer or employee is a dependent. “Dependent” means a son, daughter, father, mother, brother, sister, or other person, whether or not related by blood marriage, if such person received from the officer or employee, or provides to officers or employees, more than ½ of his/her financial support.

5.      The sale of surplus property shall be an arm’s length transaction.

Questions concerning the application of interpretation of the State and Local Government Conflicts Act with respect to the purchase or surplus property should be directed to the Office of the County Attorney..  

Guaranty Waiver.  All assets are offered for sale “AS IS, WHERE IS.”  Washington County (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. The description of property offered to sale has been compiled from available data, but there is no guarantee or warranty on the part of the County as to condition or quality, or that the property offered or a portion thereof may not be withdrawn prior to the sale. Bidder shall assume all costs of weighing, packaging, crating and loading, or hauling unless otherwise indicated. County is not responsible for furnishing these services.  Bidders are invited and urged to inspect the property before submitting their bid. The responsibility as to the condition of the property rests with the bidder. Under no circumstances will refund or adjustment be made because property not coming up to the standard expected, nor will failure to inspect be considered grounds for such claim. Please note that upon removal of the property, all sales are final, no refunds, no returns, and no exchanges.

Inspection. Most items offered for sale are used and may contain defects not immediately detectable. Bidders may inspect the property prior to bidding. Property may be inspected between the hours of 9:00 am and 3:00 p.m., Monday through Friday, excluding legal holidays. For information, please contact the agency representative listed in “Special Instructions”.

Personal and property risk. Persons attending during inspection, 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. The purchaser is to assume all liability for the property after the award is made. The County will exercise its usual care for protection up to the time of removal, but will not be responsible for any loss or damage whatsoever.

No property may be removed by the purchaser prior to full payment of the purchase price.

Consideration of Bid. Seller reserves the right to reject any and all bids and to withdraw from sales any of the items listed and/or to waive all technicalities.

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

Buyer’s Premium/Additional Fees. If a Buyer’s Premium and/or additional fees 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 no later than five (5) business days from the time and date of the Buyer’s Certificate. Payment must be made electronically through GovDeals website. Acceptable forms of payment are:

·         Paypal

·         Wire Transfer

·         Visa

·         Mastercard

·         American Express

·         Discover

Paypal and credit card purchases are limited to below five thousand ($5,000.00) dollars. 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 in 5 days.

Sales Tax. Buyers are subject to payment of State and/or local sales and/or use tax. Please review all of the payment instructions for all information related to Sales Tax and Tax Exemptions.

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 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 and shipping. Property may be removed between the hours of 9:00 a.m. and 3 p.m., Monday through Friday, excluding legal holidays. Please call-in advance to schedule a time for pick-up. For information, please contact the agency representative in “Special Instructions”. The successful bidder must assume all liability that may be incurred in connection with the removal of the property from the premises.

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. County of Washington will not supply replacement titles.

Approval. Some Auctions/Sales are subject to Seller approval prior to award to the high bidder. Please review the auction/sale page for full term of the sale and whether the final bid/sale is subject to approval.

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 participating in all future sales until the default has been cured. If the purchaser fails to pay for the property within 10 days, the property purchased may be promptly resold in such manner as the Director may elect and the defaulting purchaser charged with all expenses for the sale. Seller reserves the right to reclaim and resell all items not removed by the specified removal date.

Authority to restrict or suspend. Current and future participation in public auctions is subject to laws governing removal and suspension. The Director of Budget and Finance may restrict or suspend any person or firm from participation in the public sale of county-owned property who fails to complete transactions from bid. Reasons for removal or suspension included, but is not limited to, the following reasons:

1.      Failure to pay for items awarded within the specified time. 

2.      Failure to remove all items awarded within the specified time. 

Sales to Employees.  According to County policy, no employee of the County, Agency, or Constitutional Office is allowed to bid on surplus property listed for public auction.