City of Hendersonville, Tennessee

ONLINE SALES – TERMS AND CONDITIONS

Guaranty Waiver.  All property is offered for sale “as-is, where-is.” the City of Hendersonville, Tennessee 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 City of Hendersonville, Tennessee warrants to the Buyer that the property offered for sale will conform to its description.  Any claim for misdescription must be made prior to removal of the property.  If the City of Hendersonville, Tennessee confirms that the property does not conform to the description, the City of Hendersonville, Tennessee will keep the property and refund any money paid.  The liability of the City of Hendersonville, Tennessee shall not exceed the actual purchase price of the property.  Please note that upon removal of the property, all sales are final.

Inspection.  Most items offered for sale are used and may contain defects not immediately detectable.  Bidders may inspect the property prior to bidding.  Bidders must adhere to the inspection dates and times indicated in the item description or contact the person listed to schedule an inspection.

Consideration of Bid. The City of Hendersonville, Tennessee reserves the right to reject any and all bids and to withdraw from sale any of the items listed.

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 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.

Payment. Payment in full is due not later than 5 business days from the time and date of the Buyers Certificate.  Payment must be made electronically through the GovDeals Website. Acceptable forms of payment are:

·         PayPal

·         Wire Trasfer

·         Visa

·         MasterCard

·         American Express

·         Discover

PayPal and Credit Card purchases are limited to below $5,000.00. 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 within 5 days.

 State of Tennessee Approval.  The State of Tennessee adopted a new law on October 11, 2001, as a result of the terrorist acts on September 11, 2001.  Any non-governmental buyer of any police or fire vehicle must be approved by the State of Tennessee Department of Safety prior to taking possession of the vehicle.  The successful bidder is required to submit payment, and a copy of their driver’s license to the City of Hendersonville to be forwarded to the State of Tennessee for approval.  Upon approval, the successful bidder will be notified for pickup of the vehicle.  If the State of Tennessee does not grant approval, the payment shall be refunded to the buyer.

Removal.  All items must be paid for and picked up within 7 calendar days from the date of notification to the successful bidder of approval by the State of Tennessee. Any items not picked up within 7 calendar days are subject to a $20.00 per day storage fee, and bidder being declared in default and barred from future bidding. Purchases will be released only upon receipt of payment as specified, and approval by the State of Tennessee.  Successful bidders are responsible for loading and removal of any 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 the City of Hendersonville, Tennessee assume responsibility for packing, loading or shipping.  Property may be removed between the hours of 8:00 a.m. and 3:00 p.m., central time Monday through Friday, excluding legal holidays.  For additional information, please contact Annette Hunter at (615) 590-4607.

For a map of directions click here: http://www.mapquest.com/

Vehicle Titles. The City of Hendersonville, Tennessee 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.  The City of Hendersonville, Tennessee will not issue replacement titles.

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 participation in all future sales until the default has been cured.  If the Buyer fails in the performance of their obligations, the City of Hendersonville, Tennessee may exercise such rights and may pursue such remedies as are provided by law.

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.

Sales and/or use Tax.  Buyers may be subject to payment of state and/or local sales tax and/or use tax.  The City of Hendersonville is not responsible for the collection of taxes.  Buyers are responsible for contacting the appropriate tax office, completing any forms, and paying any taxes that may be imposed.