Osh-Buy - Surplus Online Auction
Terms and Conditions:
I. LEGAL DOCUMENT:
- Everyone wishing to participate in the Osh-Buy Surplus Online Auction must read all of the City's Terms and; Conditions as found on this webpage. These Terms and Conditions are intended to be a legal agreement between the City of Oshkosh and persons using this site for any purpose relating to an Osh-Buy Auction.
- Persons choosing to be bound by these Terms and; Conditions will acknowledge their agreement by clicking on the "I Agree" button below. Clicking on the "I Agree" button is a voluntary act which results in the person participating in an Osh-Buy Surplus Online Auction and becoming bound by these Terms and Conditions.
- Persons who do not agree with these Terms and Conditions will click on the "I Disagree"; button below, and will not be allowed to participate in the Osh-Buy Surplus Online Auction. The Terms and Conditions identified here are the minimum necessary to allow the City of Oshkosh to hold Osh-Buy Auctions. Participants of Osh-Buy Surplus Online Auction understand that varying these terms would prevent the Osh-Buy Auctions from continuing.
- It is in the public's best interest for the City of Oshkosh to receive the highest sale price possible for the sale of City-owned property. Therefore, anyone 18 years old or older may bid on any item, including City employees, agents, and appointed and elected officials.
- Bidders are solely responsible for all aspects of their bids. The City is not responsible for bids, other than accepting those that are actually received. Specifically, the City is not responsible for any transmission or other computer or technical errors, whether the problems are the result of the City's systems or the bidder's system. Potential problems may include, but are not limited to, situations involving both bidding and communications to successful bidders.
- Accepted bids prices and quantities will not be adjusted after the auction. For example, multiple items grouped together by the City for bidding purposes will not be split up after the auction. The successful bidder will be expected to pay the entire successful bid price and remove from City property all items bid upon. Also, the successful bid price will not be adjusted based upon information received or an inspection of the property after the auction has closed.
- Bidders must pay for and pick up the purchased items within 10 business days of the date they are notified that they are the successful bidder. All property which is not paid for and picked up within 10 business days after the end of an auction will result in a voided sale and shall be disposed of by the City by any method, in its sole discretion, that the City believes is reasonable. If property is paid for but not picked up within 10 business days, the City will return the payment, void the sale, and otherwise dispose of the property.
- Bidders are solely responsible for all costs and risk associated with removing and transporting the property they have successfully won at auction from the location at which it is being stored.
III. PROPERTY CONDITION:
- A. All items are sold and made available to the buyer in an as is condition. The City of Oshkosh expressly disclaims any warranties or guarantees of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
IV. RELEASE OF LIABILITY:
- The buyer completely and irrevocably releases, and shall not hold liable, the City of Oshkosh, its officials (elected or appointed), directors, officers, employees, agents, insurers, successors and assigns, or any other person or business working for the city, for any damages or injury related to the property they purchased or attempted to purchase. This includes damages or injury caused to or by the property purchased, to or by any property around the property purchased, to or by the successful bidder relating to the property purchased, or to or by any other individual related to the property purchased.
- This release from all liability includes direct, indirect, incidental, special, consequential, or exemplary damages or injury at the auction site or any other location while or after the property is being removed from City of Oshkosh custody. This also includes damages or injury regardless of whether or not they are foreseeable.
- As of the time the successful bidder for property is notified of the result at the end of an auction, the City disclaims, is released from, and shall not be responsible for items purchased without regard to the date they are paid for and removed from the City's possession. This includes insurance, bailment and other issues which are otherwise associated with property ownership and/or possession. The City will take reasonable steps to maintain the property and make it available for ten business days after the auction, but will not be responsible for accidental or inadvertent damage to the property or the actions of third parties.
- Upon request, the City of Oshkosh General Services Division will complete a bill of sale and a copy will be given to the successful buyer. The successful bidder must then pay for the property with cash, money order or certified check, including sales tax, payable to the City of Oshkosh. Payment in full for the property must be received by the City before the auction item(s) will be released. All payments are to be made to the Collections Department on the 1st floor of City Hall 215 Church Avenue.
- After paying for the property, the successful bidders must take proof of payment to the General Services Division, 4th Floor, Room 401 of City Hall where they will pick up the property or receive direction regarding the location and retrieval of the property.
- The City of Oshkosh reserves the right to change any of these terms at any time without notice.
- Despite the fact that the Osh-Buy Auction Site is placed on the internet and therefore accessible worldwide, the parties agree that any contract, claim, or event related to an Osh-Buy sale or website shall be considered to have been finalized or agreed to, or to have occurred, in Winnebago County, Wisconsin.
- The City of Oshkosh and all users of the Osh-Buy Auction site affirmatively agree that any dispute between the City of Oshkosh and any bidder, prospective bidder, or user of the site which cannot otherwise be resolved through informal negotiation shall be resolved only in Winnebago County Circuit Court, or the nearest Federal Court District which includes Winnebago County, Wisconsin, without regard to conflict of law rules. All questions, claims, or disputes shall be construed according to Wisconsin law. Any site user who is adjudged to violate the terms of this paragraph shall be responsible for the City's legal costs, including attorney's fees, for defending such action.
- If any of the terms or conditions of this agreement are determined to be void, voidable, or otherwise unenforceable by a Court of competent jurisdiction, then all remaining terms and conditions shall continue to be effective.
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