Appendix C - Internet Online Sales Terms and Conditions

• Georgia SALES TAX IS REQUIRED on all sales except those made to tax-exempt businesses and for vehicles. Buyers with a valid state sales tax-exemption certificate must provide a copy of the certificate prior to payment.
• The seller is unable to determine if the offered item(s) are missing parts or pieces, and the OPERATIONAL CONDITION IS UNKNOWN.
• All property is offered for sale "AS IS - WHERE IS." Bidders are invited and strongly encouraged to physically inspect the offered property prior to bidding.

All bidders and other participants of this auction agree that they have read and fully understand these terms and agree to be bound thereby. When placing a bid, if you win, you will be obligated to buy the product at the said price you indicated as your bid. All sales are considered final upon placing the winning bid for the property. 

Inspection: Most offered items are used and may contain defects not immediately detectable. Buyers are invited and strongly encouraged to physically inspect the offered property prior to bidding. Buyers must adhere to the inspection dates and times indicated in the item description or contact the individual listed on the item posting to schedule an inspection.

Acceptance of Terms and Conditions: By submitting a bid, the Buyer agrees that they have read, fully understand and accept all Terms and Conditions of Online Sales and, if the bid is accepted, agrees to pay for and remove the property by the dates and times specified. If a buyer fails to comply with any of these terms and conditions, the Georgia Department of Administrative Services shall have all rights and remedies available under the laws of the State of Georgia.

Guaranty Waiver: All property is offered for sale “AS IS - WHERE IS.” Georgia Department of Administrative Services (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. The Buyer is not entitled to any payment for loss of profit or any other damages – special, direct, indirect, punitive or consequential.

Description Warranty: Seller warrants to the Buyer that the property offered for sale will conform to its basic description. The property may contain flaws and/or defects that may not be immediately detectable. Any claim for misdescription must be made prior to removal of the property.

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

State/Local Sales and/or Use Tax: Buyers may be subject to payment of State and/or local sales and/or use tax. Sales tax will be collected at the point of payment. Buyers with a valid State Sales Tax-Exemption Certificate must provide a copy of the certificate prior to payment.

Payment: The winning bid shall be considered an agreement to buy and is final. Payment in full is due not later than five (5) business days from the time and date of the invoice issuance.

• Once Seller has verified payment in full, the Buyer will be issued a Bill of Sale.

Removal: Purchases will be released only upon receipt of Bill of Sale. All items must be removed within five (5) business days from the time and date of issuance of Bill of Sale. 

• Property may be removed by appointment only. Winning bidder will be contacted to schedule an appointment for pick-up.
• Winning Buyer is responsible for loading and removal of any and all property awarded to them from the location indicated in the auction listing. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will the Seller or Georgia State employees assume responsibility for packing, loading or shipping.
• The Buyer is responsible for all damage to Seller’s property and facilities caused during the packing, loading and removal of items. If Seller’s property or facilities are damaged during loading and removal of items, Buyer will not be allowed to complete removal of purchased items until the Seller’s property and facilities have been repaired.
• Property not removed within five (5) business days of the issuance of the Bill of Sale will be considered abandoned, buyer is declared in default, and ownership shall revert to the Seller. The Seller will only refund according to the default provision. For additional information, contact Georgia State Surplus, office 404-657-8544, Option #2; fax 404-463-2912; or e-mail Public.SurplusSales@doas.ga.gov

Personal and Property Risk: 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 the Seller and the State of Georgia from liability therefore. 

Vehicle Titles and Emissions: Seller will turn over the existing title or certificate upon removal. It is the Buyer’s responsibility to apply for a new title. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. Titles must be issued in the name of the winning Buyer only. Seller will not issue replacement titles. If someone other than the Buyer listed on the Bill of Sale picks up a vehicle, in addition to the Bill of Sale they must have a Power of Attorney, executed by the Buyer to remove a vehicle. For more information,  see Attorney Usage - Motor Vehicle at the Department of Revenue's website.

Default: Reasons for Default include: Failure to observe these terms and conditions; failure to make good and timely payment; or failure to remove all items within the five (5) business days.

If Buyer is in default, Seller may negotiate with next closest bidder, re-list at another auction and/or pursue all legal proceedings. 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. A default fee of $100 or 40% of the winning bid price, whichever is higher, will be deducted from the refund for administrative costs.

Sales to Employees: Employees of the State of Georgia Department of Administrative Services and their immediate family members may not bid on the property listed for auction. By bidding on this auction “The purchaser certifies that this transaction does not and will not violate the provisions of Official Code of Georgia Annotated §45-10-20 et seq. in any respect.”