Seller 32031 – CAFNC

Marietta, Georgia

“As is, Where is” Sale.  All assets are offered for sale “AS IS, WHERE IS.”  The seller of the assets described in this listing 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 seller 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 buyer fails to make such claim before leaving seller’s premises with the property, this description warranty shall be deemed waived by buyer. This waiver applies even if buyer sends a third-party to remove the assets. If the claim for misdescription is made timely AND the seller confirms the property does not conform to the description, Seller will keep the property and the buyer will be entitled to a refund.  The liability of the seller shall not exceed the actual purchase price of the property.  

FOR THE AVOIDANCE OF DOUBT, PLEASE NOTE THAT UPON REMOVAL, ALL SALES ARE FINAL.

Personal and Property Risk.  Any person entering seller’s premises to inspect or remove property assumes all risks of damage of or loss to person and property and specifically release the seller and GovDeals from liability therefore.

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

Buyer’s Certificate.  If applicable, successful bidders will receive a Buyer’s Certificate by email from GovDeals as their notice of award. The Buyer’s Certificate is NOT a bill of sale and does not reflect ownership of the property. Title to the property does not shift to buyer until removal.

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 no later five (5) business days from the auction’s close date and time, unless another period of time is set forth in the applicable invoice.  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.

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.

Removal.  All assets must be removed within the period of time specified in the listing.  Purchases will be released only upon receipt of payment as specified.  Successful buyers 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 seller assume responsibility for packing, loading or shipping.  See instructions on each auction page for complete removal details.

Vehicle Titles. The 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.

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 defaults in the performance of their obligations, the seller may exercise such rights and may pursue such remedies as are provided by law. The seller specifically reserves the right to reclaim and resell all items not removed by the specified removal date.

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.

Sales to Employees.  Employees of the seller may NOT bid on the property listed for auction in a manner intended to manipulate or interfere with the bidding process, including, but not limited to “shill bidding”.  For the avoidance of doubt, an employee of the seller may bid in their individual capacity.