Surplus Property

The Village of Indian Hill does hereby express its intent to dispose of unneeded, obsolete or unfit personal property by internet auction. The personal property disposed of through internet auctions may include as specified in Ohio Revised Code §721.15(D), personal property, including motor vehicles acquired for the use of municipal officers and departments, and road machinery, equipment, tools, or supplies, which is not needed for public use, or is obsolete or unfit for the use for which it was acquired. The internet auctions will be conducted through Liquidity Services Operations LLC dba GovDeals, Inc. in such a manner and under such general terms and conditions as set forth below. For questions, please contact Mike Rider at (513) 831-3712.

All auctions shall be conducted on a continuous basis through the GovDeals Client Access Server via GovDeals.com.

Guaranty Waiver.  All assets are offered for sale by Internet Auction shall be on an “AS IS, WHERE IS” basis. Village of Indian Hill 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 for sale.  The Buyer is not entitled to any payment for loss of profit or any other money damages – special, direct, indirect or consequential. The bidder purchases the property at their sole risk.

Description Warranty. In no event shall the Village of Indian Hill, 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. Please note upon removal of the property, all sales are final.

Personal and Property Risk.  Persons attending during exhibition, sale, or removal of goods assume all risks of damage of or loss to person and property and specifically release the Village of Indian Hill and GovDeals from liability therefore.

Consideration of Bid. Village of Indian Hill reserves the right to reject any and all bids and to withdraw from sale any of the assets listed at any time until the Village of Indian Hill has received payment in full for the assets and Buyer has removed the assets from the Village of Indian Hill’s premises in their entirety.

All property auctions will be conducted in such a manner that the highest bid for the Property shall prevail. However, the Village of Indian Hill reserves the right for its representative to cancel bids in an auction of an individual item or group of items if one or more of the following circumstances apply:

1. It is determined that an auction shall be cancelled or terminated early;
2. A bidder requests permission to back out of a bid;
3. The identity of a bidder cannot be verified or
4. It is determined that a bidder is purchasing the Property for a use contrary to the health, welfare or safety of Indian Hill, Ohio or the general public.

Bidding by Proxy. All Property auctions will accept bidding by proxy. If a bidder elects to utilize proxy bidding, the bidder must establish a maximum bid amount and permit the internet auction system to incrementally increase the bidder’s initial bid until the maximum bid amount is reached, if necessary.

The number of days of bidding on the Property involved, as specified in Ohio Revised Code §721.15(D), will be at least 10 days, including Saturdays, Sundays and legal holidays.

Buyer’s Certificate.  If applicable, successful bidders will receive a Buyer’s Certificate by email from GovDeals as their notice of award.

Buyer’s Premium & Additional Fees. If a Buyer’s Premium and/or Additional Fees are shown on the auction page Bid Box, then that amount (expressed as a percentage of the final selling price or a specified amount) will be added to the final selling price of all items in addition to any taxes imposed.

Payment. Payment in full is due not later than 5 business days from the time and date of the close of the auction.  Please refer to the payment instructions listed on the auction page for complete payment terms and methods.  Please refer to the Bid Box for all fees and taxes that may be associated with the auction.

State/Local Sales and/or Use Tax.  Buyers may be subject to payment of State and/or local sales and/or use tax.  Please review the Payment Instructions for all information related to Sales Tax and Tax Exemptions

Removal.  All assets must be removed within ten (10) business days from the time and date of the close of the auction.  Purchases will be released only upon receipt of payment as specified.  Successful buyers 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 all arrangements and perform all work necessary, including packing, loading and transportation of the property.  Under no circumstances will the Village of Indian Hill assume responsibility for packing, loading or shipping.  See instructions on each auction page for complete removal details. A daily storage fee of $25.00 may be charged for any item not removed within the ten (10) business days allowed and stated on the Buyer’s Certificate.

Vehicle Titles. Village of Indian Hill will issue a title or certificate upon removal of the vehicle.  Titles may be subject to restrictions as indicated in the asset description on the website.

Approval.  Some Auctions/Sales are subject to the Village of Indian approval prior to award to the high bidder.  Please review the auction/sale page for full terms of the sale and whether the final bid/sale is subject to approval.

Default.  Default shall include (1) failure to observe these terms and conditions; (2) failure to make good and timely payment; or (3) failure to remove all assets 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.  If the Buyer fails in the performance of their obligations, Village of Indian Hill may exercise such rights and may pursue such remedies as are provided by law.  Village of Indian Hill reserves the right to reclaim and resell all items not removed by the specified removal date.

Acceptance of Terms and Conditions.  By submitting a bid, the bidder agrees they have read, fully understand and accept these Terms and Conditions, and agree to pay for and remove the property, by the dates and times specified. These Terms and Conditions are available for review in the bid box at the top of each page of each asset listed on GovDeals. Specific Instructions (Payment, Removal, and Special) appearing on the asset page will override certain sections of these Terms and Conditions.

Sales to Employees.  Employees of the Village of Indian Hill may bid on the property listed for auction, so long as they do NOT bid while on duty.