General Terms and Conditions for the Sale of Unneeded, Obsolete or Unfit County Personal Property (the “Property”) by Internet Auction 1. All auctions shall be conducted on a continuous basis through the Hamilton County, Ohio website which can be located at http://www.hamilton-co.org/. 2. All Property auctions will be conducted in such a manner that the highest bid for the Property shall prevail. However, the Board of County Commissioners, Hamilton County, Ohio (the “Board”) reserves the right for its representative to cancel bids in an auction if one or more of the following circumstances apply: a. It is determined that an auction shall be canceled or terminated early, b. A bidder requests permission to back out of a bid, c. The identity of a bidder cannot be verified or d. It is determined that a bidder is purchasing the Property for a use contrary to the health, welfare or safety of Hamilton County, Ohio or the general public. 3. The number of days of bidding on the Property involved, as specified in O.R.C. 307.12, will be at least 15 days, including Saturdays, Sundays and legal holidays. 4. The Board reserves the right, at a later date, through its representative, to establish the minimum prices that may be accepted for any Property that is the subject of the Internet auction, the terms and conditions of any particular sale that may occur, including but not limited to requirements for pick-up and/or delivery of the Property, method of payment, and payment of sales tax in accordance with applicable laws. 5. The information described in Paragraph 4 above will be provided on the Internet at the time of the auction itself, or will be provided before that time, upon request, if the Board or its representative has determined the terms and conditions. 6. ANY PROPERTY LISTED AND SOLD BY INTERNET AUCTION SHALL BE ON AN “AS IS” AND “WHERE IS” BASIS. REGARDING ANY PROPERTY WHICH IS LISTED OR PURCHASED BY INTERNET AUCTION, THE BOARD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE BIDDER PURCHASES THE PROPERTY AT THEIR SOLE RISK. 7. LIMITATION OF LIABILITY. IN NO EVENT SHALL HAMILTON COUNTY, OHIO, ITS BOARD OF COUNTY COMMISSIONERS, ITS OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO A BIDDER OR ANY OTHER PERSON OR ENTITY FOR ANY CLAIM, DAMAGE OR LOSS WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING OUT OF THE SALE OF THE PROPERTY OR THE USE OF THE PROPERTY, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY, WHETHER FORESEEABLE OR NOT. General Terms and Conditions for the Pick-Up and Payment of Awarded Items 1. Obsolete Item(s) are awarded to the highest bidder and that bidder will be contacted via e-mail. a.LightGov will send us an Excel workbook detailing the bid information and the point-of-contact of each bidder. 2. The highest bidder will pay for all awarded item(s) in full per auction within 7 business days excluding National Holidays and Fridays. If a bidder is awarded multiple items per auction, payment must be accepted for ALL items per auction. No partial payments on multiple awards will be accepted per an auction period. a. NO PARTIAL PAYMENTS WILL BE ACCEPTED. ALL PAYMENTS MUST BE PAID IN FULL WITHIN THE 7 BUSINESS DAYS BEFORE RECEIVING ANY ITEMS(S). b. All payments will be accepted in person at the below location between the hours of 8:30am and 3:30pm, Monday thru Friday, excluding National holidays at the following address: Purchasing Department, 5th Floor 507 County Administration Building 138 East Court Street Cincinnati, Ohio 45202 c. Acceptable forms of payment are: -Cashier’s Check -Certified Check -Money Order -Travelers Check -Company Check (with bank letter guaranteeing payment mandatory) -Point & Pay Credit Cards (Visa, MasterCard, American Express and Discover) d. Upon payment, customer will receive a copy of the receipt for presentation during pick-up of item(s) e. All checks are to be made payable to: Hamilton County Treasurer 3.When the Buyer's payment is received in full for the obsolete item(s), Purchasing will provide information for the County Departments "contact for pick-up." a. The contact information will include the contact person's name and phone number. b. Customers will be REQUIRED to present their receipt for the pick-up of all items. c. Purchases will be released only upon receipt of payment as specified. Successful bidders are responsible for loading and removal of any and all property awarded to them from the place where the property is located as indicated on the web site. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. 4. The awarded bidder will have a maximum of 10 business days to contact the Department to make arrangements for the pick-up of the item(s) after the receipt of payment. a. In the event the awarded bidder has NOT been notified by the Department for "pick-up" arrangements, the bidder is highly encouraged to contact the Hamilton County Purchasing Department via the following e-mail: auctionsurplus@hamilton-co.org. b. In order to pick up the awarded item(s), the buyer will provide the receipt of payment to the Department, at which time the releasing Department will witness the buyer's signature as verification the item(s) were received. 5. If the awarded bidder fails to contact the releasing Department or the Hamilton County Purchasing Department within the allotted 10 business days, the obsolete item(s) will be awarded to the next highest bidder and the original awarded bidder will NOT receive a refund for the paid item(s).