Maryland-National Capital Park and Planning Commission

Online Sales – Terms and Conditions

1.      General: Items are offered for sale by Maryland-National Capital Park and Planning Commission, identified herein as the “Commission”, however, a third-party an online auction services contractor, is utilized. Those submitting bids are identified herein as “bidder(s)” or “buyer(s)”.

2.      Eligibility: A buyer must be at least 18 years old and legally able to form a binding contract.

3.      On-Site Inspection: The bidder is responsible to determine the condition of the property. Prospective bidders are encouraged to inspect the property prior to bidding, and to place bids based solely on their personal inspection and evaluation. Prospective bidders will not be allowed to test, operate, or disassemble any item featured in an auction. On-site inspection locations will be provided with each Bid.

4.      Warranty: All property is sold “as is”, “where is”, and “with all faults, if any”. The Commission disclaims all warranties or guarantees, expressed or implied, as to the condition, quality, completeness or fitness for any particular or general purpose or compliance to safety regulations of the property being sold. Descriptions of items appearing in this online auction are believed to be correct. However, those descriptions, or any other oral statements made by any person concerning any item will not be considered a warranty, expressed or implied. The Commission offers no guarantees or warranties. Determination of the condition, function, and perceived or assumed value is the sole responsibility of the buyer.

5.      Personal and property risk. Persons attending during exhibition, sale or removal of assets assume all risks of damage of or loss to person and property, including bodily injury and death, and specifically release the Seller and GovDeals from liability therefore.

6.      Inspection. Most assets offered for sale are used and may contain defects not immediately detectable. Seller is not responsible for any defects, whether or not detectable by inspection. Bidders may inspect assets 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.

7.      Consideration of Bid. Seller reserves the right to reject any and all bids and to withdraw from sale any of the assets listed.

8.      Buyer’s Certificate. Successful bidders will receive a Buyer’s Certificate by email from GovDeals.

9.      Buyers Premium. If a Buyer’s 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.

10.  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

11.  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.

12.  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 assets awarded to them from the place or places where the assets are located as indicated on the website and in the Buyer’s Certificate. The Buyer must make all arrangements and perform all work necessary, including packing, loading and transportation of the assets. 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 asset not removed within the ten (10) business days allowed and stated on the Buyer’s Certificate.

13.  Ownership: At the end of the auction, the highest bidder has entered into a binding contract with the Commission, and is obligated to pay the winning bid price and any applicable taxes. In the case of a reserve auction, the highest bidder meeting or exceeding the auction reserve price is obligated to pay the winning bid price and any applicable taxes.

14.  Awarded items must be removed from the Commission’s premises within ten (10) business days of the close of the auction. However, no property may be claimed or removed prior to making full payment. If unclaimed by winning bidders, the Commission reserves the right to re-auction or award the item to the next highest bidder. Bidders that fail to claim, pay for, and/or remove auction items from the Commission’s premises by the close of business on the 10th business day after the auction will forfeit their rights to the auctioned item, and be declared a default bidder. If one item goes into default, all items won by the bidder go into default and are subject to resale. Bidders should verify winning status before traveling to the Commission location.

15.  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.

16.  Default. Default by Buyer 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 Buyer’s 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.

17.  Indemnification: Buyers agree to indemnify and hold the Commission harmless for any and all damages, claims, or liability of any nature or kind in the sale of, or the buyer’s use of, the property. The buyer, its predecessors, successors and assigns hereby release, relinquish and discharge the Commission, its former, present and future agents, employees, officers, officials and legal representatives (collectively known as “the Commission”) from any liability arising out of the sale and/or concurrent negligence of the Commission for any injury, including death or damage to persons or property, where such damage is sustained in connection with, or arising out of, the sale of Commission owned property.

18.  Liability: Items are offered for sale using the services and website of the online auction service contractor. Under no circumstances will the Commission be liable to any person or business entity for any and all damages or losses including but not limited to direct, indirect, special, incidental, consequential, or other damages or losses based on, or caused by, any use of the auction website, or any other website to which the website is linked, the content of such websites, or any viruses or other harmful components derived from any such websites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information. The Commission cannot and will not guarantee uninterrupted access to the auction system. The Commission reserves the right to invalidate or void any sale, at any time, even if an award notification email has been received. In the event the Commission determines that the sale is invalid or void the Commission will, as the exclusive remedy available to the buyer, reimburse the bid price paid by the buyer, without interest or any associated cost. The bidder assumes all risks of any irregularity of the sale and has no other remedy against the Commission. The Commission is not liable for and will not pay the buyer any cost, expense, damage or attorney fees associated with any invalid or void sale.

19.  Reproduction of Auction Materials and Resale of Items Listed: Bidders or website users may reproduce or copy images, photographs, or descriptions of property listed on the auction site for personal use only. Bidders and website users may not reproduce, display, or broadcast online auction materials by any means, or by using any media, without the express written permission of the Commission. The Commission reserves the right to disallow participation in the online auction by any website user or bidder at any time for violating applicable laws, ordinances, terms and conditions listed herein, or for activity deemed unacceptable by the Commission. Before paying for and taking possession of the items listed for the sale by the Commission, successful bidders and website users will not post or list the same items for sale by any other means.

20.  Privacy: Personal information gathered from bidders during the auction process is not sold or rented. Personal information is used for the purpose of conducting online auctions and not used for any other purpose. Be advised that Commission auction transactions are subject to the Annotated Code of Maryland Articles 10-611 through 10-630, also known as the Maryland Public Information Act.

21.  Applicable Law: Although this site may be accessed from any state, bidders who participate in this auction agree that the laws of the State of Maryland will govern all matters relating to the use of this auction and purchase of items listed by the Commission on this site.

22.  Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees that bidder has read, fully understand and accept these Terms and Conditions, and agree to pay for and remove all purchased assets, 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 these Terms and Conditions.