ONLINE SALES – TERMS AND CONDITIONS

Guarantee Waiver.  All assets are offered for sale “AS-IS, WHERE-IS.” The City and County of Denver (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.

No Warranty. Descriptions of items being auctioned are believed to be correct and based on the best available information.  However, neither the descriptions provided, including, but not limited to, manufacturer’s name, model numbers or physical characteristics, nor any oral statements made by the Seller concerning any item shall be considered a warranty, express or implied.  The Seller is not responsible for any omissions or errors in the description of items being offered for sale.  All sales are final.  Under no circumstances will a refund or adjustment be made due to the property failing to meet buyer’s expectations.

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.  Buyer is responsible for inspecting items offered and all bids must be based solely on the buyer’s personal inspection and evaluation of the item.  Submission of a bid shall be prima facie evidence that the bidder/buyer did, in fact, make an inspection and is aware of all conditions affecting performance and bid pricing.  No claim shall be considered for allowance or adjustment or for rescission of the sale based on failure to inspect the property.

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

Assumption of Liability.  Buyer shall assume all liability for the property after award is made.  The Seller will exercise its usual care for protection up to the time of removal but shall not be responsible for any loss or damage.

Personal and Property Risk.  Buyer agrees for and on behalf of buyer, buyer’s heirs, successors and assigns that buyer shall indemnify and hold the Seller harmless from and against any claim, demand or cause of action arising or alleged to have arisen out of the sale or failure to sell any item including claims for personal or bodily injury, death or contract damages.  Persons attending during exhibition, inspection, sale, or removal of goods assume all risks of damage of or loss to person and property and specifically release and indemnify the Seller from liability therefore.

Legal.  Venue for any and all legal action regarding online transactions shall lie in the District Court in and for the City and County of Denver, State of Colorado, and these transactions shall be governed by the laws of the State of Colorado, the Charter and Revised Municipal Code of the City and County of Denver.  The Charter and Revised Municipal Code of the City and County of Denver, as the same may be amended from time to time, are expressly incorporated as if fully set out herein, by this reference.  The bidder/buyer agrees that any and all notices, pleadings and process may be made by serving two copies of the same upon the Colorado Secretary of State, State Capitol, Denver, Colorado, and by mailing by return mail an additional copy of the same to the vendor at the address shown herein; that said service shall be considered as valid personal service, and judgment may be taken if, within the time prescribed by Colorado law or Rules of Civil Procedure, appearance, pleading or answer is not made.

Payment. Payment in full shall be received within five (5) business from the time and date of the close of auction.

Removal.  Removal shall be made within ten (10) business days from the time and date of the close of auction.  Buyers are responsible for the 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 Buyer’s Certificate.  Buyer shall 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. Loading and transportation of all purchased items is strictly the buyer's responsibility. No service of any kind shall be furnished by the Seller.  

Vehicle Titles. Seller will issue a title or a bill of sale upon receipt of payment.  Titles may be subject to any restrictions as indicated in the item 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.  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, which includes the right (1) to retain all payments; and (2) to dispose of the item(s) as deemed desirable by the Seller.

Acceptance of Terms and Conditions.  By submitting a bid, the bidder agrees that they have read, fully understand, and accept these Terms and Conditions, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified.