Terms and conditions | Maricopa Community Colleges

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 bid after opening, or any claim against Maricopa County Community Colleges.

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, Maricopa Community Colleges 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 Maricopa Community Colleges 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. We reserve 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 Maricopa Community Colleges.

Default

If a buyer fails to make full payment by the payment date, fails to remove all property by the specified date, or 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 Maricopa Community Colleges under this agreement and under the law. Property that is the subject of a defaulted bid may be disposed of by sale to the next highest bidder, or it may be withdrawn from all consideration.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 to Maricopa Community Colleges

Payment

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

Removal of Property

The buyer is responsible for all removal and shipping and/or crating cost from location of property. Dates and times set for removal will be strictly enforced. Maricopa Community Colleges employees are not authorized to assist with the removal of property. The buyer shall reimburse Maricopa Community Colleges for any damage caused by the removal of the purchased property.

Indemnification, Negligence of Bidder or Buyer

To the fullest extent permitted by law, the bidder and/or buyer shall defend, indemnify, and hold harmless Maricopa Community Colleges, 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 cost) arising from the acts, errors, mistakes, omissions, work, or service of the bidder and/or buyer, its agents, and employees.

Liability

The 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 Maricopa Community Colleges to sell such property to the buyer, the buyer hereby agrees that they will not at anytime make any claim against this institution 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, Maricopa Community Colleges 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 Presentations

Any oral statement or representation by any Maricopa Community Colleges 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

Maricopa Community Colleges 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 of 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 from Maricopa Community Colleges.

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.