State of Texas Surplus

Austin, Texas

Online Sales - Terms and Conditions

Contract. An award of sale is a contract between the winning bidder and The State of Texas upon the terms and conditions set forth herein. The State of Texas may pursue all legal remedies allowed by law against any bidder who fails to make payment for a winning bid and comply with removal requirements.

Guarantee Waiver. All property is offered for sale as-is, where-is. The State of Texas makes no warranty, guaranty or representation of any kind, expressed or implied, as to the condition, usability, value, merchantability, authenticity, or fitness for any purpose of the property offered for sale. Buyers should inspect and, if necessary, test all items prior to any use. Buyer is not entitled to any payment for loss of profit or any other money damages, including but not limited to special, direct, indirect, or consequential damages.

Personal and Property Risk. Persons attending during exhibition, sale, or removal of goods assume all risk of damage of or loss to person and property and specifically release the Seller and GovDeals from liability, therefore.

No Description Warranty. The State of Texas is not responsible for any omissions or errors in description of items being offered for sale. 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. Seller does not attest to the authenticity of any item. Buyer may not rely upon any information provided (whether orally, in writing and/or in digital image form), included but not limited to: year, make, model, condition, damage amount, damage type, drivability, accessories, mileage, odometer disclosures, vehicle identification number (VIN), title, repair history, title history, and total loss history. The State of Texas does not guarantee that any vehicle sold can be legally registered in any state or country. Buyer is solely responsible for confirming, researching, inspecting, vehicles and any/ all information regarding the type, condition, status, and history of vehicles before bidding.

Inspection. Inspection before bidding is highly encouraged. Most items offered for sale are used and may contain defects not immediately detectable. Bidders may inspect the property prior to bidding, if a preview period is provided in the auction listing. Bidders must adhere to the inspection dates and times indicated in the item description or contact the person listed to schedule an inspection.

Indemnification. Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold The State of Texas harmless from and against any claim, demand or cause of action arising or alleged to have arisen out of the sale or failure to sell any item of surplus property including claims for personal or bodily injury, death or contract damages.

Consideration of Bid. Seller reserves the right to reject any and all bids and to withdraw from sale any of the assets listed at any time until the Seller has received payment in full for the assets and Buyer has removed the assets from the Seller's premises in their entirety.

Reserve Requirement. If there is a reserve requirement and the reserve price is not met by the close of bidding, The State of Texas reserves the right to sell the auction item to the highest bidder, relist the item for auction, or otherwise dispose of the item at The State of Texas's discretion.

Notice of Award. Successful bidders will receive a Buyer’s Certificate by email from customerservice@govdeals.com

Payment. FlyWire Payments Inc. third-party payment processing company, receives all payments for The State of Texas. Payment in full is due not later than 5 business days from the time and date of the close of the auction.  Please refer to the payment instructions listed on the auction page for complete payment terms and methods.  Please refer to the Bid Box for all fees and taxes that may be associated with the auction. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED.

1. Payment is due within 5 (five) business days of auction closure.

2. Any invoice $5,000 or above requires payment via wire transfer.

3. Depending on your history with GovDeals, you may be limited to the number of auctions/transactions that you can participate in simultaneously AND/OR the dollar amount that you can pay via credit card, debit card or PayPal. For additional insight, please visit the Probation FAQ.

In addition, please note a portion of the winning bid, 12% is retained by the Texas Facilities Commission for our services, this is not in addition to your bid amount and does not affect the bid amount.

Restricted Auction. If participating in a restricted auction, all bidders must show proof of their Texas Coin-operated Machine General Business License or other authorization to sell/lease gaming equipment license prior to bids being accepted. Per Government Code 2175.904 (b) Disposal of Gambling Equipment: The Commission may sell gambling equipment only to a person that the commission determines is a bona fide holder of a license or other authorization to sell, lease, or otherwise provide gambling equipment to others or to operate gambling equipment issued by an agency in another state or in a foreign jurisdiction where it is lawful for the person to possess gambling equipment for the intended purpose.

Pick-Up and Third Party Pick-Up Procedures

All items MUST be removed by the last day and time authorized within the auction listing, no exceptions. Items awarded and purchased may not be sold or auctioned by a winning bidder on State of Texas Property. REMOVAL IS THE WINNING BIDDER'S RESPONSIBILITY. NO ASSISTANCE, SHIPPING, or PACKING SERVICES will be available from the seller for the removal or transportation of items won. If the items purchased are not removed by the deadline advertised, the buyer will forfeit all monies paid and property ownership reverts to the State of Texas with no recourse.

1.     Upon receipt of payment, you will be notified by email sent to the email address You provided at registration with GovDeals.com. Please follow all pickup instructions provided in the auction listing. You must bring to the pick-up location (1) Bill of Sale and (2) personal picture identification (such as a Driver License). You must present both identification items at the scheduled pick-up, or the auction item(s) will not be released to you.

If you are picking up an item for someone else, you will need to bring the following:

(1)  an email MUST be sent from the email address listed on file with GovDeals and should be sent to GOVauctions@tfc.texas.gov prior to removal. The email MUST include the name of the buyer listed on the Bill of Sale, location, lot number, and the first and last name of the person who will be picking up. This email will serve as the buyer's official release authorization and the person picking up will be required to present a valid GOVERNMENT ISSUED picture identification card before anything can be removed.

(2)  You will need to bring the Bill of Sale (photocopies are acceptable),

(3)  Personal picture identification (such as a Driver License).

All individuals performing pickups will be required to sign for the property at time of pickup.

Shipping. We cannot ship any item(s). However, you may contact a local carrier of your choice to pick-up, package, and ship your item(s) for you. It will be your responsibility to follow the Third-Party Pick-Up Procedures above to ensure that your item is released.

Buyer Premium. A Buyer Premium of 5% will be added to the final sale price. The premium will be visible during the bidding process and will be included in the payment required.

State/Local Sales and/or Use Tax.  Buyers are subject to State and/or local sales and/or use tax unless they provide a proper exemption certificate.  Please review the Payment Instructions for all information related to Sales Tax and Tax Exemptions.

SALES TAXES Texas Sales Tax of 8.25% will be collected on all non-titled items unless the items are being purchased for qualified:

·         resale under a valid Texas Sales and Use Tax Permit;

·         farm/agriculture exempt use;

·         timber operations exempt use;

·         research exempt use; or

·         non-profit exempt use.

GovDeals will only remove sales after we have received one of the following forms signed with ALL fields completed correctly:

·         Texas Sales and Use Tax Resale Certificate;

·         Texas Agricultural Sales and Use Tax Exemption Certificate;

·         Texas Timber Operations Sales and Use Tax Exemption Certificate;

·         Texas Qualified Research Sales and Use Tax Exemption Certificate; or

·         Texas Sales and Use Tax Exemption Certificate.

No Bill of Sale will be issued with sales tax removed until the required information is received by GovDeals by the time of payment.  NO EXCEPTIONS!

OFF-ROAD, HEAVY-DUTY DIESEL SURCHARGE 1.5% will be collected on all off-road, heavy duty, diesel construction equipment when applicable.

Title Paperwork:

All vehicles are subject to Standard Presumptive Value. Vehicles marked with FOR PARTS ONLY, NON-REPAIRABLE, SALVAGE or NO TITLE, are subject to standard 8.25% sales tax and cannot be titled through local tax offices. All titles will be issued in the buyer’s name EXACTLY as the name appears on the winning bidder's online GovDeals account, and Bill of Sale, at the time of auction close. If a company name is provided on the buyer's receipt, title will be issued in the name of the company. Prior to bidding, please contact GovDeals to verify account information. Updating your online account information AFTER bidding will not update your title paperwork information. All title paperwork will be mailed to the shipping address listed on the Bill of Sale unless differing instructions are provided in the auction listing, such as titles being distributed at the time of auction lot release. Changes to title paperwork WILL NOT be allowed. The selling State of Texas agency, not the Texas Facilities Commission, will complete and mail all title paperwork directly to the buyer. Title mailing changes must be approved by the Texas Facilities Commission. An official request MUST be

sent from the email address listed on file with GovDeals and must be sent to GOVauctions@tfc.texas.gov before the auction close date. NO EXCEPTIONS WILL BE AUTHORIZED.

If you have any questions regarding an auction pick-up, vehicle title or release authorization please be sure to email GOVauctions@tfc.texas.gov

License Plates & Permits:

Please be advised that no temporary license plates or Vehicle Transit Permits (VTP) will be provided by the Texas Facilities Commission or the owning agency. If available, buyers may get Vehicle Permits at no cost on the TxDMV website at www.txdmv.gov by clicking on the Transit Permit icon on the home page. Please see original lot posting for complete VIN number, if applicable.

Removal. Buyer must remove auction item(s) from the agency premises by the last day, and time authorized within the auction listing, NO EXCEPTIONS. If the Buyer, after making payment for an item, fails to remove the item within the specified time, the agency reserves the right (1) to retain all payments; and (2) to dispose of the item through another auction or otherwise. Successful bidders are responsible for packing, loading, removing and transporting all property awarded to them from the place where the property is located as indicated on the auction listing and in the Buyers Certificate. The Buyer must make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will The State of Texas assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse The State of Texas for any damage to The State of Texas's property caused by Buyer's or Buyer Agent's removal of auction item(s) from the premises. No maintenance may be performed on The State of Texas property.

Heavy Equipment. Aerial Devices (Bucket Trucks/Cranes) not specifically noted as having been inspected or certified have not been and no representations or warranties are made concerning compliance with any safety standards or requirements.

Risk of Loss. In the event an auction item is lost or destroyed after a Bill of Sale has been sent but prior to removal, and to the extent such loss or destruction is not caused by the buyer, or buyer's agent or employee, The State of Texas will refund any money paid. The liability of The State of Texas shall not exceed the actual final bid amount of the specific auction lot listing.

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 bid contract and suspension from participation in all future sales. If the Buyer fails in the performance of their obligations, The State of Texas may retain Buyer's bid deposit and exercise such rights and pursue such remedies as are provided by law.

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.

*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*