Terms & Conditions - Jacksonville, FL

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
ÿþ<html xmlns:v="urn:schemas-microsoft-com:vml" xmlns:o="urn:schemas-microsoft-com:office:office" xmlns:w="urn:schemas-microsoft-com:office:word" xmlns:m="http://schemas.microsoft.com/office/2004/12/omml" xmlns="http://www.w3.org/TR/REC-html40"> <head> <meta http-equiv=Content-Type content="text/html; charset=unicode"> <meta name=ProgId content=Word.Document> <meta name=Generator content="Microsoft Word 15"> <meta name=Originator content="Microsoft Word 15"> <link rel=File-List href="%235389%20City%20of%20Jacksonville%20Terms%20and%20Conditions%20of%20Sale_files/filelist.xml"> <title>GovDeals.com - Terms and Conditions</title>  <link rel=themeData href="%235389%20City%20of%20Jacksonville%20Terms%20and%20Conditions%20of%20Sale_files/themedata.thmx"> <link rel=colorSchemeMapping href="%235389%20City%20of%20Jacksonville%20Terms%20and%20Conditions%20of%20Sale_files/colorschememapping.xml">  <link rel=Stylesheet type="text/css" media=all href="%235389%20City%20of%20Jacksonville%20Terms%20and%20Conditions%20of%20Sale_files/mystyles.css"> <style>  </style>  </head> <body lang=EN-US link=blue vlink=purple style='tab-interval:.5in'> <div class=WordSection1> <a href="javascript:window.print()">Print</a>   <a href="javascript:window.close()">Close</a> <o:p></o:p> City of Jacksonville Jacksonville, Florida   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.   Guaranty Waiver.  All assets are offered for sale AS IS, WHERE IS.   City of Jacksonville (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. Seller warrants to the Buyer the property offered for sale will conform to its description.  Any claim for misdescription must be made prior to removal of the property.  If Seller confirms the property does not conform to the description, Seller will keep the property and refund any money paid.  The liability of the Seller shall not exceed the actual purchase price of the property.  Please note upon removal of the property, all sales are final.   Personal and property risk.  Persons attending during exhibition, 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.   Inspection.  Most assets 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 asset description. See special instructions on each asset page for inspection details.   Consideration of Bid. Seller reserves the right to reject any and all bids and to withdraw from sale any of the assets listed.   Buyer s Certificate.  Successful bidders will receive a Buyer s Certificate by email from GovDeals.   Buyers Premium. If a Buyers Premium 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 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 Transfer ·         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.   Removal.  All assets must be removed within ten (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 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 Seller assume responsibility for packing, loading or shipping.  See special instructions on each asset page for removal details. A daily storage fee of $10.00 may be charged for any item not removed within the ten (10) business days allowed and stated on the Buyer s Certificate.   Vehicle Titles. Seller will issue a title or certificate upon receipt of payment.  Titles may be subject to restrictions as indicated in the asset description on the website. The buyer is required to transfer title ownership within 30 days of receipt of equipment, when title is included in sale   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.   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 displayed at the top of each page of each asset listed on GovDeals. Special Instructions appearing on the asset page will override certain sections of the terms and conditions.   State/Local Sales and/or Use Tax.  Buyers may be subject to payment of State and/or local sales and/or use tax. Buyers are responsible for contacting seller or the appropriate tax office, completing any forms and paying any taxes that may be imposed.   Sales to Employees.  Employees of the Seller may bid on the property listed for auction, so long as they do NOT bid while on duty.<o:p></o:p> <o:p> </o:p> Real Estate Auctions<o:p></o:p> All Real Estate is offered for sale AS IS, WHERE IS. The City of Jacksonville 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. This property is owned by the City of Jacksonville, acquired by Tax Deed, in accordance with the Duval County Tax Collector and the laws of the State of Florida. The City of Jacksonville makes no warranty, guaranty or representation of any kind, expressed or implied, as to the marketability or chain of title to the property, legal access to the property, zoning, road frontage, water/sewer/electric availability, environmental conditions, or physical attributes of the property. <o:p></o:p> It is strongly recommended that you inspect the property and complete a title search before bidding. Additionally, any or all photographs or other representations are for information purposes only and may not or do not factually represent the current day; due to date differences, vegetation growth and so forth. All dimensions are approximate. In some cases the parcels are only in the vicinity of the street named in the advertisement. <o:p></o:p> The City of Jacksonville reserves the right, in its sole discretion, to remove parcels from the sale and reject any bids submitted. <o:p></o:p> Winning bidder is responsible for: - Intangible tax on the Deed (.70 per $100), recording costs (approximately $18.50), and auction fee (12.5% of sales price). The auction company (GovDeals.com) will contact the winning bidder with the tax, recording cost, and auction fee amounts and other Deed transfer information. <o:p></o:p> Any other costs or fees desired or incurred by the winning bidder, for example: private attorney, title insurance, closings, survey, tests or examinations and the like, are the responsibility of the winning bidder.<o:p></o:p> <o:p> </o:p> The following ordinances apply to all Real Estate Sales:<o:p></o:p> Sec. 122.467. - Disposition of Property by Sale.<o:p></o:p> (c) Property Use and Maintenance Restrictions. All property sold under this<a href="https://www.municode.com/library/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVADPE_CH122PUPR_PT4REPR_SPFDOSAREPRAFHOPU_S122.467DIPRSA"> Section 122.467</a>, shall be sold subject to the following five-year covenants and restrictions: <o:p></o:p> (1) The property will be used as part of an existing homestead or owned and occupied as a primary residence; and <o:p></o:p> (2) The Owner shall maintain the property exterior, including the front and back yard landscaping, until such time as the property is conveyed to an individual for residential purposes. <o:p></o:p> The property use and maintenance restrictions in this subsection (c) shall be stated in the deed and the successful bidder or owner shall execute the deed. The property use and maintenance restrictions herein shall be supplemental to all other applicable federal, state and local ordinances, rules and regulations governing the property. <o:p></o:p>  Sec. 122.467. - Disposition of Property by Sale.<o:p></o:p> (f) Prohibited Sale of Property to Certain Entities. Surplus property sold pursuant to this Subpart F,<a href="https://www.municode.com/library/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVADPE_CH122PUPR_PT4REPR_SPFDOSAREPRAFHOPU_S122.467DIPRSA"> Section 122.467</a> shall not be transferred or conveyed to any person, entity or organization, including, but not limited to, a for profit or non-profit corporation, partnership, limited liability company, joint venture, business trust, or consortium (collectively, "Entity") if one or more of the following conditions exist at the time of the property transfer or conveyance by the City: <o:p></o:p> (1) The Entity is in noncompliance with a donation agreement executed by the Entity pursuant to<a href="https://www.municode.com/library/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVADPE_CH122PUPR"> Chapter 122</a>, Subpart F; <o:p></o:p> (2) The Entity is on the Council Auditor's noncompliance list pursuant to<a href="https://www.municode.com/library/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVADPE_CH118CIGR"> Chapter 118</a>, or the Vendor Debarment List pursuant to<a href="https://www.municode.com/library/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVADPE_CH126PRCO"> Chapter 126</a>, Ordinance Code; <o:p></o:p> (3) The Entity is in noncompliance with a City agreement to which the Entity is a party; <o:p></o:p> (4) The Entity is delinquent on taxes or the payment of liens, including code enforcement or nuisance liens, on real property owned by the Entity and such taxes or liens incurred after the Entity took ownership of the real property; and <o:p></o:p> (5) The Entity is in noncompliance with the conditions or requirements of a City grant award or program. <o:p></o:p> Surplus property under this Subpart F,<a href="https://www.municode.com/library/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVADPE_CH122PUPR_PT4REPR_SPFDOSAREPRAFHOPU_S122.467DIPRSA"> Section 122.467</a> shall not be transferred or conveyed to an Entity until the Entity is in compliance with this section. An Entity shall have 30 days from the bid award or selection date to comply with this section. If an Entity fails to comply with this section within such time period, the subject property shall first be offered to the next highest bidder, and if such bidder declines, then resold pursuant to this<a href="https://www.municode.com/library/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVADPE_CH122PUPR_PT4REPR_SPFDOSAREPRAFHOPU_S122.467DIPRSA"> Section 122.467</a>. <o:p></o:p> Chapter 122, SUBPART F. - DONATION AND SALE OFREAL PROPERTY FOR AFFORDABLE HOUSING PURPOSES<o:p></o:p> <a href="https://www.municode.com/library/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVADPE_CH122PUPR_PT4REPR_SPFDOSAREPRAFHOPU">https://www.municode.com/library/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVADPE_CH122PUPR_PT4REPR_SPFDOSAREPRAFHOPU</a><o:p></o:p> </div> </body> </html>

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