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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.
Condition and Location of Property. All property is offered for sale "as-is, where-is.” West Pottsgrove Township makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability, quantity, kind, character, quality, weight, size, or description of any of the property or its fitness for any use or purpose. Most items for sale are used and may contain defects not immediately detectable.
Inspection. The bidder is invited, urged, and cautioned to inspect the property to be sold prior to submitting a bid. Property will be available for inspection upon appointment between the hours of 10am-2pm, Monday through Friday unless otherwise indicated in the description of item(s) up for bid. In no case will failure to inspect constitute grounds for the withdrawal of a bid. At times Inspection days may be waived due to available personnel to attend or for security reasons. This inspection day waiver will be included in the description of the item(s) up for sale. Please contact Chris Galloway at 610-323-7717 to schedule an inspection appointment.
Personal and property risk. Persons attending during exhibition, inspection, sale or removal of goods assume all risks of injury, damage or loss to person and/or property and specifically release West Pottsgrove Township and Municibid from liability there from.
Consideration of Bid. West Pottsgrove Township reserves the right to reject any and all bids and to withdraw from sale any of the items listed.
Notice of Award. Successful bidders will receive a Notice of Award by email from Municibid for West Pottsgrove Township.
Payment. Payment in full is due not later than 10 working days from the date of the Notice of Award. Payment shall be in the form of cash, cashier's check or money order payable to West Pottsgrove Township. Payments must made in person to 980 Grosstown Road; Stowe, PA 19464.
Transportation. Purchaser is responsible for all transfer and transportation costs and condition of items during such transportation and transfer of items.
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 award and suspension from participation in all future sales. If the purchaser fails in the performance of their obligations, West Pottsgrove Township may exercise such rights and may pursue such remedies as are provided by law. West Pottsgrove Township reserves the right to place any default item back into auction without any reimbursement to the successful bidder.
LIMITATION OF LIABILITY.
(a) West Pottsgrove Township shall not be liable for any actions, damages, claims, liabilities, costs, expenses or losses in any way arising out of or relating to the sale of property provided hereunder for an aggregate amount in excess of the actual purchase price of the property.
(b) In no event shall the Township be liable for consequential, special, indirect, incidental, punitive or exemplary damages, costs, expenses, or losses (including without limitation, lost profits and opportunity costs). The provisions of this paragraph shall apply regardless of the form of action, whether in contract, statute, tort (including without limitation, negligence or otherwise).
(c) Nothing herein shall waive or amend any defense or immunity that the Township, its officers, agents or employees may have under the PA Political Subdivision Tort Claims Act, 42 Pa.C.S.A. 8541 ET. seq.
General Release – Visitors
In consideration of permission granted to the undersigned to enter upon the grounds of any Township Department, Board or Commission which permission I have requested and which is being given as a courtesy to me and for any benefit only, I hereby agree for myself and for my heirs, executors and administrators that I will and do release and forever discharge: West Pottsgrove Township (Township) and each of them, the employees, officers, agents and representatives of the Township from any and all manner of claims, actions or causes of action which I now have or which I or my heirs, executors or administrators hereafter can, shall or may have because of bodily injury or property damage or loss which I may suffer as a result of my presence at any Township Department, Board or Commission, whether said injury or damage may be due to the act, omission or negligence of the Township, their representatives, or their respective employees, officers, agents or representatives or otherwise; it being understood that I accept full responsibility for the mentioned risk.
I further acknowledge and agree that I will leave the grounds of any Township Department, Board or Commission on the completion of my inspection/removal or upon the demand of the Township, whichever is sooner.
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 the appropriate tax office, completing any forms, and paying any taxes that may be imposed.
Sales to Employees. Employees of West Pottsgrove Township may bid on the property listed for auction.
Acceptance of Terms and Conditions. By submitting a bid, the 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.
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