|Chabot – Las Positas Community College District (District)|
|Sale of Surplus Items to District Employees|
|TERMS AND CONDITIONS OF SALE|
Guaranty or Warranty: All sales of District surplus property are completed on an as is, where is, with all faults basis. There is no representation, guaranty or warranty neither expressed nor implied as to condition, quality, or suitability for an intended use.
Estimates and Omissions: Any description of surplus property offered for sale is an estimate and has been compiled from available information. The District is not responsible for any omissions or errors in the description of the equipment.
Right to Withdraw: District reserves the right to withdraw at any time, any item offered.
There are NO REFUNDS.
Buyers: Your request to purchase an item of District Surplus Property shall remain firm. Do not submit a request to purchase if you are unsure about your commitment to complete the transaction.
Payment is required at the time of pick-up. No property may be removed by the Buyer prior to making full payment. Upon payment of the item(s) amount(s) and tax, the pick-up of surplus property may be made.
Payment Terms:Personal Check or Money Order made payable to Chabot-Las Positas Community College District are accepted. Remit in person at the time of pick-up. Sales Tax of 8.75% is charged. Buyer shall add and include the sales tax amount when making payment to the District.
Pick up Requirements: The successful Buyer will be directed to the District's storage facilities. Payment and pickup will be by appointment. Buyer is responsible for pick-up and transport of item(s). District will furnish no services of any kind to the Buyer. Buyer is responsible for any and all activities and costs associated with pick up and removal. This includes but is not limited to: packaging; loading; freight; and labor, unless otherwise indicated. Where indicated District warehouse staff may assist with loading item(s).
Failure to Pick-Up Items: Buyers are required to provide payment and pick-up items by the date agreed upon with the Warehouse Staff. An item not picked up as agreed is a Default. The surplus item(s) will then become un-available and will be processed out of the District by further surplus operations.
Liability: Items are sold FOB origin and the Buyer assumes all liability for the property upon payment when title transfers to the Buyer. The District will exercise its normal care for protection up to the time of payment and removal, but will not be responsible for any loss or damage whatsoever.
Under no circumstances will the District be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages or losses based on or caused by participation in the District’s surplus operations.
Contract: The first offer submitted to buy surplus equipment is received with the understanding that the acceptance by the District of the offer to purchase any or all of the items described therein shall constitute a contract between the Buyer and the District.
Hold Harmless: From and after the date of the contract, the Buyer agrees to indemnify, defend and hold harmless the District from any and all claims, regardless of by whom such claim or claims may be asserted, for personal injury or property damage or otherwise that may result directly or indirectly from the use, possession or ownership of the goods or from the services provided by buyer pursuant to this purchase.
Compliance with Laws and Regulations: The Buyer represents and warrants to District that Buyer and / or its employees, agents, and any subcontractors have filed all certifications and have obtained all licenses, permits, qualifications, and approvals of whatsoever nature that is legally required in connection with the contract including future disposal.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Venue: In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.