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Apache County Public Surplus Items
Terms and Conditions

SALE OF EQUIPMENT AND/OR VEHICLE(S) APACHE COUNTY, AZ

TERMS AND CONDITIONS of Auction Sales: The sale of county equipment and/or vehicle(s) is in an "As-Is, Where-Is" condition, with all faults and without warranty. The description of the equipment and/or vehicle(s) offered for sale has been compiled from data available but there is no guarantee or warranty on the part of the county as to condition, description or quality of the equipment and/or vehicle(s). The county reserves the right to withdraw any equipment and/or vehicle(s) being offered for sale up until the time the sale of the item is awarded. All costs associated with sale of the equipment and/or vehicle(s), including but not limited to loading, freight, insurance, shipping of equipment and/or vehicle(s) and taxes are the successful Bidder's responsibility. The sale of the equipment and/or vehicle(s) will be to the highest responsive and responsible Bidder. There shall be no refunds or adjustments on the successful Bidders price. All sales are final.

Errors & Omissions: The County is not responsible for any omissions or errors in the description of the equipment and/or vehicle(s) offered for sale. It shall be the bidder's responsibility to inspect and satisfy himself/herself as to the details and conditions of equipment and/or vehicle(s) offered.

Inspection: The county shall have the equipment and/or vehicle(s) available for inspection by appointment only and prior to the start of bidding. Bidders must adhere to the inspection dates and times indicated in the equipment and/or vehicle(s) description and contact only the person(s) listed to schedule an inspection.

Bids: Bids submitted shall remain firm for a period of five (5) days following the closing date of bids. We accept sealed bids only. The county reserves the right to set a Reserve Price on any equipment and/or vehicle(s). The county further reserves the right to advertise for new bids if, in the judgment of the county, the best interest of the county will be promoted thereby.

Award of Sale Item: The Buyer agrees that a legally binding contract is created between Apache County and the bidder at the time of bid. Apache County may pursue all legal remedies allowed by law against any bidder who fails to make required payments.

Removal: All items must be removed within 14 calendar days from the time and date of issuance of the Notice of Award. Purchases will be released only upon receipt of payment as specified. Successful bidders are responsible for loading and removal and any and all property awarded to them from the place where the property is located as indicated on the website and in the Notice of Award. Under no circumstances will the county assume responsibility for packing, loading or shipping. Property may be removed between the hours of 8:00 A.M. and 4:00 P.M., Monday through Thursday, excluding legal holidays.

FAILURE TO PICK-UP: Property paid for but not picked up by the original bidder shall be held for 30 days. The county may assess a storage fee during this time, which the bidder will be responsible for paying in order to release the stored item(s). In the event the 30 days storage period passes, the county reserves the right to dispose of the item in order to fulfill the debt. Any excess monies received by the county are deemed consideration for excess effort to dispose of item.

Shipping: All items sold must be picked up at the location noted on the website and the Notice of Award. The county is not equipped to ship items, or prepare items for shipping. Winning bidders will be solely responsible for pick-up or shipping arrangements, and all associated costs. The county will not be responsible for items after buyer, or designated shipper, takes possession. Allow sufficient time to load items into vehicles before close of business for the county location at which such items are being picked up.

Payment Terms: Upon successful bid of the equipment and/or vehicle(s), the successful Bidder shall pay by Cash, Cashier’s Check, or Money Order, made payable to Apache County within seven (7) calendar days of the sale for the successful bid amount. Payments are accepted at the Apache County Finance Department 75 West Cleveland Street, St. Johns, Arizona 85936. ANY BIDDER WHO, FOR ANY REASON FAILS TO MAKE PAYMENT ON EQUIPMENT AND/OR VEHICLE(S) WITHIN THE SPECIFIED TIME FRAME SHALL NOT BE ALLOWED TO BID ON FUTURE AUCTIONS. ALL PURCHASED EQUIPMENT AND/OR VEHICLE(S) MUST BE REMOVED BY SUCCESSFUL BIDDER WITH NO DEBRIS OR UNWANTED EQUIPMENT AND/OR VEHICLE(S) LEFT AT THE PICKUP LOCATION. ANY BIDDER WHO FAILS TO REMOVE ALL EQUIPMENT AND/OR VEHICLE(S) WITHIN THE SPECIFIED TIME FRAME SHALL NOT BE ALLOWED TO BID ON FUTURE AUCTIONS.

DEFAULT BUYERS: Any bidder who fails to pay for an awarded auction or fails to pick up property that has been awarded and paid for shall not be allowed to bid on future auctions with Apache County. In addition, the county reserves the right to block bidders from participating in county auctions if they have defaulted on auctions with other public entities. Bidders will be blocked by registered name and registered email address. Blocked bidders shall not be allowed to bid on, pay for or pickup any auction item.

Indemnification: Buyers agree to indemnify and hold harmless the county for any and all damages, claims, or liability of any nature or kind in the sale of, or the buyer's use of, the property. The buyer, its predecessors, successors and assigns hereby release, relinquish and discharge the county, its former, present and future agents, employees, officers, officials and legal representatives (collectively known as "Apache County") from any liability arising out of the sale and/or concurrent negligence of the county for any injury, including death or damage to persons or property, where such damage is sustained in connection with, or arising out of, the sale of county owned property.

Liability: The successful Bidder shall assume all liability for the equipment and/or vehicle(s) after the award is made and the county is not responsible for any loss or damage to the equipment and/or vehicle(s) upon sale. The equipment and/or vehicle(s) shall not be removed from the possession of the county prior to full payment.

Acceptance of Terms and Conditions: By submitting a sealed bid, the bidder agrees that they have read, fully understand and accept these Terms and Conditions of Auction Sales, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified

Applicable Law: Any contract resulting from the bid for the equipment and/or vehicle(s) will be governed by the laws of the State of Arizona.

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