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Welcome to the Marion County Internet Auction Site. Please be sure to read all terms and conditions below. Reminder for the other local governmental and nonprofit entities to register and view items posted to the Classified Section. You can then contact the appropriate office regarding an item. Be sure to check back often since items will be added throughout the year. Thank You. MARION COUNTY GENERAL TERMS AND CONDITIONS FOR ONLINE SURPLUS PROPERTY DISPOSITION Marion County hereby creates the following rules pursuant to Ohio Revised Code 307.12: 1. The Board of Marion County Commissioners has determined that surplus personal property, including motor vehicles acquired for the use of County Officers and departments, and road machinery, equipment, tools, or supplies, which is not needed for the public use, or is obsolete or unfit for the use it was acquired is appropriate to be sold by Internet auction. 2. By Resolution Number 2004-0186, approved on March 16, 2004 The Board of Marion County Commissioners has declared its intent to sell property through the Internet. 3. The auctions shall be conducted on a continuous basis through accessing the Marion County surplus property through the Marion County website located at www.co.marion.oh.us. 4. The surplus property will first be listed under Marion County on-line classified section of the Internet presence for 30 days in order that other Marion County departments and offices can choose to identify such property to acquire at the place identified in the classified listing at no cost. 5. If the property is not acquired in the first thirty (30) days of listing in the on-line classified section, then the property will transferred to the live auction listing for a period of no less than fifteen (15) days, including Saturdays, Sundays, and legal holidays, but such time may be extended at the discretion of the Board of Marion County Commissioners or its representative in order to maximize the financial return to the County. 6. The Board of Marion County Commissioners or its representative, on an item-by-item basis, may determine minimum price or reserve price and the terms or conditions of sale, including but not limited to, requirements for pickup and/or delivery, method of payment, and payment of sales tax in accordance with applicable laws for that item. Such information shall be available on the website. 7. Each item sold is sold “as is” and “where is”. Marion County makes no warranties, whether expressed or implied, or representation regarding any surplus sold. 8. The highest bid for the surplus property will prevail. However the Board of County Commissioners, Marion County reserves the right for its representative to withdraw the offer or cancel bids in an auction for any reason. 9. The Board of Marion County Commissioners or its representative will direct the highest bidder where to pick up the surplus property and at what time, through email notification or notification placed on the auction site. 10. The Board ofMarion County Commissioners has contracted with LightGov to provide the software necessary for completing the Internet auction. 11. The Board of Marion County Commissioners will advertise in a newspaper of general circulation after adoption of any resolution of its intent to sell surplus property by Internet auction and will post a second notice fifteen (15) days after the publication of such first notice in the same newspaper of general circulation. 12. The County will also post a notice of such Internet auction in a conspicuous place and on a continuous basis, and in the offices of the Board of Marion County Commissioners and the Marion County Auditor. 13. A notice will appear continuously on the County’s website that surplus property is available through Internet auction. GENERAL TERMS AND CONDITIONS FOR THE PAYMENT AND PICK UP OF AWARDED ITEMS 1. Surplus item(s) are awarded to the highest bidder and that bidder will receive a Buyer’s Certificate via e-mail. The Buyer’s Certificate must be presented for payment and pickup of any item. 2. PAYMENT: The highest bidder will pay for awarded item(s) within five (5) business days from the date and time listed on the Buyer’s Certificate. NO PARTIAL PAYMENTS WILL BE ACCEPTED. Acceptable forms of payment are: a. Cashier’s Check b. Certified Check c. Money Order d. Traveler's Check e. Company Check (with bank letter guaranteeing payment mandatory) f. U.S. Currency in the exact amount of the total purchase(s). (County offices cannot provide change.) All checks are to be made payable to: Treasurer of Marion County, Ohio. Payments shall be made at the location listed in the Buyer’s Certificate. Bidder forfeits sale of merchandise if payment is not received at the close of five (5) business days and the item may be awarded to the next highest bidder or offered for sale again. 3. REMOVAL: All items must be removed within ten (10) business days from the time and date of the issuance of the Buyer’s Certificate. 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 website and in the Buyer’s Certificate. The buyer will make arrangements and perform all work necessary, including packing, loading, and transportation of the property. Under no circumstances will the Board of Marion County Commissioners assume any responsibility for packing, loading or shipping of property. Property may be removed between the hours of 8:00 A.M. and 4:00 P.M. Monday through Friday, excluding holidays. After ten (10) business days, any material not removed will be offered for sale again or sold to the second highest bidder. Buyer shall pay to Marion County the difference between the amount of buyer's bid and the amount for which the property is actually sold. For additional information please contact Marion County the following e-mail: firstname.lastname@example.org. 4. VEHICLE TITLES: Marion County will issue a State of Ohio Title upon receipt of payment. Title may be subject to any restrictions as indicated in the item description on the web site. Open titles cannot be issued. Title and registration of vehicles are subject to the laws and regulations of the State of Ohio. 5. LIMITATION OF LIABILITY. IN NO EVENT SHALL MARION 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. 6. DEFAULT: Default shall include: a. Failure to observe these terms and conditions b. Failure to make good and timely payment c. Failure to remove all items within the specified time. Default may result in termination of the contract and suspension from participation in all future sales until the default has been cured. Seller reserves the right to reclaim and resell or award to the next highest bidder in regards to all items not removed by Buyer after ten (10) days from the date of issuance of the Buyer’s Certificate. Any damages resulting from bidder's breach shall be deducted from monies paid by bidder to Marion County. 7. ACCEPTANCE OF TERMS AND CONDITIONS: By submitting a bid, the bidder agrees that they have read, fully understand, and accepts the terms and conditions of on-line sales, and agrees to pay for and remove the property if the bid is accepted. This site went on-line January 1, 2004
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