General Terms and Conditions for Surplus Property Sales

INSPECTION: Bidders are invited and strongly urged to inspect the property to be sold prior to submitting a Bid. Property will be available for inspection as noted on the Notice or Invitation to Bid. Failure to inspect the property will not constitute grounds for withdrawal of a bid after opening, or for any claim against the Maricopa County Community College District (MCCCD).

CONDITION AND LOCATION OF PROPERTY: ALL PROPERTY LISTED IS OFFERED FOR SALE "AS IS" AND "WHERE IS". Descriptions of property are based upon the best information available. However, MCCCD makes no warranties, expressed or implied as to the quality, quantity, kind, character, condition, weight, size or description of any of the property or its fitness for any particular purpose or use.

CONSIDERATION OF BIDS: Bids must be in the possession of MCCCD at the location specified in the Notice, by the specified bid closing date and time. Faxed bids may be accepted only if allowed for a particular bid. Acceptance of Faxed bids will be noted in the Notice or Invitation to Bid. If not specifically stated in the Notice or Invitation to Bid, Faxed bids will not be accepted for that property. MCCCD reserves the right to reject any or all bids, to waive any informality in the bids and to accept the bid that is in the best interest of MCCCD.

DEFAULT: If Buyer fails to make full payment by the payment date, fails to remove all property by the specified date or if Buyer fails to comply with any other terms and conditions, the Buyer shall be considered in default and is subject to all rights and remedies available to MCCCD under this agreement and under the law. The property that is the subject of a defaulted bid may be disposed of by sale to the next highest bidder, or it may be withdrawn from all consideration.

TITLE: Title to the property shall transfer to the Buyer only upon receipt of full and final payment by MCCCD.

PAYMENT: Prior to taking possession of the property, Buyer shall make payment based upon its bid, in full, by cashier's check or cash.

REMOVAL OF PROPERTY: Buyer is responsible for all removal and shipping and/or crating costs from location of property. Dates and times set for removal will be strictly enforced. MCCCD employees are not authorized to assist with removal of property. Buyer shall reimburse MCCCD for any damage to MCCCD's property caused by the removal of the purchased property

INDEMNIFICATION, NEGLIGENCE OF BIDDER OR BUYER: To the fullest extent permitted by law, Bidder and/or Buyer shall defend, indemnify, and hold harmless MCCCD, its agents, officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses (including but not limited to attorney fees and court costs) arising from the acts, errors, mistakes, omissions, work or service of Bidder and/or Buyer, its agents, employees.

LIABILITY: Buyer acknowledges that they are aware that property may consist of, contain or have contained substances dangerous or harmful to persons or property and, as an inducement to MCCCD to sell such property to Buyer, Buyer hereby agrees that they will not at any time make any claim against MCCCD for or on account of any loss or damage arising out of or in connection with use, disposal or resale by Buyer of the Property.

RISK OF LOSS: After notification of award and prior to removal date, MCCCD shall only be responsible for exercising reasonable care for the protection of the property. After passage of title and after the date specified for removal of the property and any extensions granted to Buyer in writing; all risk of loss, damage or destruction to the property from any cause, or injury or death caused by the property, shall be the Buyer's.

ORAL REPRESENTATIONS: Any oral statement or representation by any MCCCD employee changing or modifying these terms or those of the Notice or Invitation for Bid is unauthorized and shall not be effective.

ADDITIONAL TERMS AND CONDITIONS: MCCCD may include additional terms and conditions as required for the performance of a specific bid. Additional terms and conditions must be specified in writing and referred to or included as part of the Notice or Invitation to Bid.

ADVERTISING AND PROMOTION: The Buyer shall not advertise or publish information for commercial benefit concerning this transaction or purchase without the prior written approval of MCCCD.

APPLICABLE LAWS : The laws of the State of Arizona shall apply to the performance and interpretation of any transaction made as a result of this Bid. Any provision required to be included in a contract of this type by any applicable and valid Executive order, federal, state or local law, ordinance, rule or regulation shall be deemed to be incorporated into this sale agreement.