All bidders and other participants of this auction agree that they have read and fully understand these terms and agree to be bound thereby.
Acceptance of Terms and Conditions: By submitting a bid, the bidder agrees that they have read, fully understand and accept all Terms and Conditions of online sales, and agrees to pay for and remove the property by the dates and times specified.
Consideration of Bid: New York State reserves the right to withdraw any surplus personal property from auction prior to sale, or to reject any and all bids regarded as not in the best interests of the State. Buyers or disappointed bidders have no recourse against the State of New York or any of its employees or agents. New York State reserves the right to end the listing if the vehicle is no longer available for sale.
Guaranty Waiver: All property is offered for sale “AS IS - WHERE IS.” New York State Office of General Services (Seller) 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. New York State will not make any payment for loss of profit or any other damages – special, direct, indirect, punitive or consequential. Such payments may be qualify under the Vehicle Purchase Plan.
New York State will not accept property for return or adjustment and does not offer compensation for shipping costs, travel expenses or effort.
Inspection: Vehicles offered for sale are used and may contain defects not immediately detectable. The vehicle is described in its current condition to the best of our knowledge as reported by the surplussing New York State agency or identified by OGS State Surplus Property Program staff upon receipt. Accordingly, OGS makes no guarantee that all defects are listed. It is the buyer’s obligation to fully inspect the vehicle before bidding. Bidders are invited and strongly encouraged to visually inspect the vehicle prior to bidding. Bidders inspection dates and times are: April 7th from 8 AM -4 PM and April 9, 10, 11 from 9 AM- 7 PM. The inspections will take place in Albany, NY at Lots B and C at the W. Averell Harriman State Office Campus, located at 1220 Washington Avenue.
Payment: The winning bid shall be considered an agreement to buy and is final. The winning bid does not include NYS tax and registration fees.
Within 24 hours of notification of winning a bid, the winning bidder MUST make a $500 non-refundable deposit payment via PayPal or risk a no-sale default. If the full deposit is not made within the required timeframe, New York State reserves the right to re-list the vehicle, sell it to the next highest bidder, or sell it otherwise. Financing should be arranged prior to bidding.
Buyers must use one of the following payment options for the balance remaining after the deposit: (a) Certified Check or (b) Money Order, payable to “New York State Office of General Services” or (c) Major Credit Cards. Remaining balance payment can be made prior to, or at the time of, vehicle pick-up. Payments made via major credit card must occur in person at the time of vehicle pick up. An invoice for the sale of the vehicle including applicable taxes will issued upon receipt of the non-refundable deposit.
Payments can be mailed to: New York State Office of General Services- Surplus Property, W. Averell Harriman State Office Campus-Building #18, 1220 Washington Avenue, Albany, NY 12226.
Payments must be received prior to release of the vehicle. Purchasers that pay the remaining balance prior to pick up, should confirm receipt of payment before arranging to pick up the vehicle.
State/Local Sales and/or Use Tax: New York State buyers shall be subject to payment of State and/or local sales and/or use tax. Sales tax will be collected at the point of payment. Buyers with a valid New York State sales tax-exemption certificate must provide a copy of the-119.1- Exempt Organization Certification prior to final payment or taxes will be collected on purchases. The form is available at http://www.dmv.ny.gov/forms/dtf803.pdf.
Out of state buyers: Are responsible for all state, county, and city taxes and fees, as well as title/registration fees in the state that the vehicle will be registered. To avoid paying New York State taxes, out of state buyers must complete a New York State tax form named: Certificate of Non-residency of New York State and/or Local Taxing Jurisdiction (DTF-820). The form is available at http://www.tax.ny.gov/pdf/current_forms/st/dtf820.pdf.
All vehicles must be paid in full including applicable sales tax and the transaction complete before the vehicle can be received by the buyer.
Vehicle Pick Up: Vehicle pick up will take place in Albany, NY at the W. Averell Harriman State Office Campus - Building #3, 1220 Washington Avenue during the period of April 20 – May 1, 2012 between the hours of 9:00 AM and 4:00 PM. Detailed information pertaining to vehicle pick up will be provided to the winning bidder. Vehicle Titles and Emissions: Seller will turn over the existing title or certificate upon receipt of payment. It is the Buyer’s responsibility to apply for a new title, if applicable. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. Titles must be issued in the name of the winning bidder only. New York State Office of General Services will not issue replacement titles. Vehicles do not have a current emission sticker. The purchaser is responsible for a new emission sticker if required.
Vehicle Registration: The Department of Motor Vehicles (DMV) will be on site in Albany on April 20 and 21 to process registrations including the issuance of license plates and In-Transit Permits for qualifying applicants. In order to process one of these transactions, you will need:
- The bill of sale and ownership documents that you will obtain from the Office of General Services
- A completed Vehicle Registration/Title application (MV-82), (http://www.dmv.ny.gov/forms/mv82.pdf) OR an In-Transit Permit Application (MV-82ITP) (http://www.dmv.ny.gov/forms/mv82itp.pdf).
- Proof of insurance (FS-20, New York State Insurance Identification Card) for the vehicle you have purchased with an effective date on or within 45 days of the day you are attempting to register the vehicle.
Note: If you are an out of state resident you will need to present an insurance binder or letter from your insurance company that contains the same information as a NYS insurance card. Massachusetts law does not recognize the validity of New York’s thirty day In-transit Permit for Massachusetts residents.
- A Completed Sales Tax Exemption form (DTF-803), indicating that you have already paid sales tax on the vehicle to OGS, OR that you are an organization or individual that is tax exempt. (http://www.dmv.ny.gov/forms/dtf803.pdf).
- Proof of identity – a current photo NYS Driver License, Learner Permit or Non-Driver ID Card, or refer to DMV form ID-82 (http://www.dmv.ny.gov/forms/id82.pdf).
For information on registering a vehicle in a name other than an individual person’s name please see form MV-82.1, Instructions for Vehicle Registration/Title Application (http://www.dmv.ny.gov/forms/mv821.pdf).
Payment for DMV transactions may be made by cash in person, check, money order or credit card.
Removal: All items must be removed within fifteen (15) business days from the time and date of auction closing. Purchases will be released only upon receipt of payment as specified. Successful bidders are responsible for loading and removal any and all property awarded to them from the location of the property as indicated in the auction listing. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. The Buyer is responsible for all damage to Seller property and facilities caused during the loading and removal of items. If Seller property or facilities are damaged during loading and removal of items, Buyer will not be allowed to complete removal of purchased items until the Seller’s property and facilities have been repaired. If the Buyer does not repair the damaged Seller property and facilities, any payment made by the Buyer will be applied to the repair of Seller property before being applied to the purchase price of any items purchased by Buyer. Under no circumstances will the New York State Office of General Services assume responsibility for packing, loading or shipping. Property paid for but not removed within fifteen (15) business days of the auction closing will be considered abandoned, buyer is declared in default and ownership shall revert back to the Seller unless the Buyer has made arrangements with the New York State Office of General Services to pick up the property after 15 business days. All property with pre-approved pick up dates beyond the specified fifteen (15) business day period, must be paid in full within the fifteen (15) business day period unless other arrangements have been made with the New York State Office of General Services. All right, title, interest and ownership defaults to the New York State Office of General Services and the buyer forfeits any payment made on the property.
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 seller and the State of New York from liability therefore.
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 items within the fifteen (15) business days unless otherwise agreed to by OGS.
Buyers who reside in New York State will be invoiced for applicable taxes. Any buyer with a tax exemption must provide documentation prior to final sale payment and vehicle pickup. Forms will be available if final payment is made at pickup.