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Incorporation by Reference of User Agreement. These User Agreement are specific to this auction and supplement our standard User Agreement applicable to all bidders on our marketplace. You hereby acknowledge and agree to the most recent User Agreement which are hereby incorporated by reference into these Terms and Conditions specific to this auction. In the event of a conflict between these Terms and Conditions specific to this auction and our standard User Agreement, these Terms and Conditions shall control. A link to our most current version of User Agreement can be found at the bottom of the page and on the Site Map which can be accessed at the bottom of each page on our marketplace website
GovDeals

Louisville Regional Airport Authority

Louisville, Kentucky

 

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.

 

1.                  General: Vehicles, equipment, and all other items, collectively identified as “property”, are offered for sale by the Louisville Regional Airport Authority, identified herein as the "the Authority" or “Seller”. However, a third-party website provider, an online auction services contractor, is utilized. Those submitting bids are identified herein as "bidder(s)" or "buyer(s)". Office of the Authority's Director of Purchasing is located at 4320 Park Boulevard, Louisville, KY 40209.

 

2.                  Eligibility: A buyer must be a minimum of 18 years old and legally able to form binding contracts as a buyer in an auction. Employees of the Seller may bid on the property listed for auction. 

 

3.                  The Authority can reject any and all bids or withdraw property from sale at any point until full payment is received and the buyer has completely removed the property. Some Auctions/Sales are subject to Seller approval prior to award to the high bidder.  Please review the auction/sale page for full terms of the sale and whether the final bid/sale is subject to approval.

 

4.                  Warranty: All property offered for sale “AS IS, WHERE IS and "with all faults, if any". The Authority does not guarantee the authenticity of any markings on jewelry or watches, nor the value, condition, or quality of any surplus property. The Authority 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 offered for sale. Descriptions of property appearing in this online auction are believed to be correct. However, neither those descriptions, nor any oral statements made concerning any item, shall be considered as a warranty, expressed, or implied. The Buyer is not entitled to any payment for loss of profit or any other money damages – special, direct, indirect or consequential.
DETERMINATION OF CONDTION, FUNCTION, AND PERCEIVED OR ASSUMED VALUE IS THE SOLE RESPONSIBILTY OF THE BUYER.

 

5.                  Buyer’s Certificate.  If applicable, successful bidders will receive a Buyer’s Certificate by email from GovDeals as their notice of award.

 

6.                  Buyer’s Premium & Additional Fees. If a Buyer’s Premium and/or Additional Fees are shown on the auction page Bid Box, then that amount (expressed as a percentage of the final selling price or a specified amount) will be added to the final selling price of all items in addition to any taxes imposed.

 

7.                  Payment for an awarded item must be received within five (5) business days from time and date the auction for that item closes. Please refer to the payment instructions listed on the auction page for complete payment terms and methods.  NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED. Payment for the property must be made online through the website; the Authority doesn't handle direct payment. Please refer to the Bid Box for all fees and taxes that may be associated with the auction.

 

8.                  State/Local Sales and/or Use Tax.  Buyers may be subject to payment of State and/or local sales and/or use tax.  Please review the Payment Instructions for all information related to Sales Tax and Tax Exemptions.

 

9.                  Vehicle Titles. Seller will issue a title or certificate upon removal of the vehicle.  Titles may be subject to restrictions as indicated in the asset description on the website.

 

 

10.              Viewing of property by appointment only. Buyers may view vehicles and equipment Monday through Friday from 8:00 AM to 11:30 AM, and from 1:00 PM to 3:30 PM at the Authority's maintenance facility located at 4320 Park Boulevard, Louisville, KY, 40209, unless otherwise stated on the auction website. Due to liability and security reasons, all other items are not eligible for viewing, only two (2) adult customers at a time, no children, are allowed within the facilities.

 

11.              Inspection: The responsibility to determine the condition of the vehicle or equipment rests with the bidder. Prospective bidders are encouraged to inspect the vehicle or equipment prior to bidding, and to place bids based solely on their personal inspection and evaluation. Prospective bidders will be allowed to start vehicle or equipment to confirm it is in working order, but will not be allowed to test, operate, or disassemble any item featured in an auction.  

 

12.              Ownership: At the end of the auction, the highest bidder has entered into a binding contract with the Authority, and is obligated to pay the price bid. Placing the winning bid, but not paying for the product, is illegal in most states, and may result in prosecution. The winning bid cannot be retracted unless due to a fault of the Authority, for example, typographical or other error.

 

 

13.              Removing Auction Items: Awarded items must be removed from the Authority's premises within 10 business days after the auction ends. Pick-up by appointment, Monday through Friday from 8:00 AM to 11:30 AM, and from 1:00 PM to 3:30 PM. However, no property may be claimed or removed prior to making full payment. A $15 per day storage fee may be assessed by the Authority for paid items not retrieved within the designated 10 business days. If unclaimed by winning bidder, the Authority reserves the right to either re-auction the property or award to the next highest bidder. Please note upon removal of the property, all sales are final.

 

14.              Winning Bidders who fail to pay for and remove auction items from the Authority's premises by the close of business on the 10th business day after the close of the auction shall forfeit their rights to the auction item, and be declared as a default bidder. The Authority may ban a default bidder from participating in future online auction events. 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 Authority's location. 

 

15.              Shipping and Risk: Unless otherwise noted, all items sold must be picked up at the Park Boulevard maintenance facility. Buyers are fully responsible for performing all work necessary, arranging, and paying for pickup or shipping of the property. Responsibility for property transfers to the buyer or their designated shipper as soon as they begin the removal process.  Anyone present for demonstration, 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. Allow sufficient time to properly load items before the close of business at the Authority's pickup location. 

 

16.              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.

 

17.              Indemnification: Buyers agree to indemnify and hold harmless the Authority 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 Authority, its former, present and future agents, employees, officers, officials and legal representatives (collectively know as "the Authority") from any liability arising out of the sale and/or concurrent negligence of the Authority 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 Authority's owned property.

 

18.              Liability: Items are offered for sale using the services and web site of the online auction services contractor. Under no circumstances will the Authority be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages or losses based on, or caused by, any use of the auction web site, or any other web site to which the site is linked, the content of such web sites, or any viruses or other harmful components derived from any such web sites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information. The Authority strives to make the online auction system as accurate as possible. However, errors and equipment malfunctions are possible and may occur without notice. In case of malfunctions of hardware or software, the Authority reserves the right to cancel any sale, even if an award notification e-mail has been received. The Authority cannot and will not guarantee uninterrupted access to the auction system.

 

19.              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 Authority. The Authority reserves the right to disallow participation in the online auction by any website user or bidders at any time for violating applicable laws, ordinances, terms and conditions listed here, or for activity deemed unacceptable by the Authority. Before paying for and taking possession of the items listed for sale by the Authority, successful bidders and website users shall not post or list the same items for sale by any other means. Please be advised that the Authority's auction staff reports suspected fraud or criminal activity to the proper authorities. 

 

20.              Privacy: The Authority gathers information from bidders so that it will know who has won an auction item. Personal information 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 transactions of the Authority's auction are subject to Kentucky's Open Records Act, KRS 61.870 et seq. 

 

21.              Applicable Law: Although this site may be accessed from any state, bidders who participate in this auction agree that the laws of the Commonwealth of Kentucky shall govern all matters relating to the use of this auction and purchase of items listed by the Authority on this site.

 

22.              Acceptance of Terms and Conditions.  By submitting a bid, the bidder agrees they have read, fully understand and accept these Terms and Conditions, and agree to pay for and remove the property, by the dates and times specified. These Terms and Conditions are available for review in the bid box at the top of each page of each asset listed on GovDeals. Specific Instructions (Payment, Removal, and Special) appearing on the asset page will override certain sections of these Terms and Conditions.