City of Lee’s Summit

Lee’s Summit, Missouri

Online Sales – Terms and Conditions

All bidders and other participants of this auction agree that they have read and fully understand these terms and agree to be bound thereby.

Guaranty Waiver. All property is offered for sale “AS IS, WHERE IS.”  City of Lee’s Summit (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.  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 Buyer that the property offered for sale will conform to its description.  Any claim of inaccurate description must be made prior to removal of the property.  If Seller confirms that the property does not conform to the description, Seller will keep the property and refund any money paid.  Liability of City of Lee’s Summit shall not exceed the actual purchase price of the property.  Please note that upon removal of the property, all sales are final.

Personal and Property Risk. Persons present 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 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.

Consideration of Bid. City of Lee’s Summit reserves the right to reject any and all bids and to withdraw from sale any of the items listed.

Buyers Certificate. Successful bidder will receive a Buyers 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 items must be removed within 10 business days from the time and date of issuance of the Buyers Certificate.  Purchases will be released only upon receipt of payment as specified.  Successful bidder is responsible for loading and removal of all property awarded to them from the place where the property is located as indicated on the website and in the Buyers Certificate.  Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property.  Under no circumstances will City of Lee’s Summit assume responsibility for packing, loading or shipping.  Property may be removed between the hours of 9:00 a.m. and 3:00 p.m., Monday through Friday, excluding legal holidays.  A daily storage fee of $10.00 may be charged for any item not removed within the 10 business days allowed as stated on the Buyers Certificate.

Vehicle Titles. Seller will issue a title/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. City of Lee’s Summit 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 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 Buyer thirty (30) days from the expiration of specified removal date.

State/Local Sales and/or Use Tax. State, County and Local sales tax will apply.  The total tax rate will be collected from the successful bidder in addition to the awarded bid amount.  This sales tax will be manually added to the invoice at the time the successful buyer picks up their item(s).

In order for Buyer to be tax exempt, they must provide one of the following:

a.        Missouri Tax Exemption letter

b.        Federal Exempt Form

c.        Certificate of Resale (item is being purchased for resale)

Sales to Employees. City employees as well as their spouses and dependents are prohibited from purchasing City owned equipment or materials per Personnel policy section 411.4.5.

Acceptance of Terms and Conditions. By submitting a bid, 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. These Terms and Conditions are displayed at the top of each page of each item listed on GovDeals.