Purchasing Division
Surplus Sale
SURPLUS SALE DISCLAIMER/TERMS AND CONDITIONS
In accordance with applicable Florida State Statutes and the Broward County Board of County Commissioners Administrative Code, the property listed herein has been declared surplus to the needs of Broward County (hereinafter “County”), and is hereby offered for sale.

Individual items may be inspected by appointment only in accordance with the special instructions for each particular bid item. Bidders are encouraged to be familiar with and to inspect items prior to purchase.

Auction items will be sold to the Bidder with the highest progressive bid at the end of the prescribed on-line auction time. Each successful Bidder will receive an electronic CONFIRMATION OF SALE advising that each successful Bidder was the high bidder for an auction item. The CONFIRMATION OF SALE will contain special instructions on making payment and picking up the subject property.

All property is sold “as is” and “where is.” The County makes no warranty or guarantee, expressed or implied, as to the operation or condition of any piece of equipment or item purchased through this surplus sale.

Successful bidder will pay the total bid amount or fixed price, as applicable, plus 6% Florida State Sales tax. Successful Bidders claiming a tax exemption must produce a valid tax exemption certificate at time of payment or otherwise be charged sales tax.

The amount due from the successful Bidder must be paid in full by certified check or cashier’s check made payable to the “Board of County Commissioners, Broward County Florida” within five (5) calendar days following the date of the CONFIRMATION OF SALE. If the successful Bidder fails to make payment within five (5) calendar days of the date of the CONFIRMATION OF SALE, the County reserves the right to sell the item to the next highest bidder or to re-bid the item.

The failure of the successful Bidder to make payment within the prescribed period of time may result in the County restricting Bidder from participation in future County electronic surplus sales.

Removal of property must be completed in accordance with the terms in the special instructions of the item. If successful Bidder fails to remove property within the prescribed period of time, Bidder will forfeit monies paid to the County and the County reserves the right to sell the subject property to the next highest Bidder, to conduct a new sale, or to otherwise dispose of the property, whichever the County determines to be in its best interest.

Screen Refresh
Bidders are advised that the auction website does NOT have an auto refresh feature. In order to see the most current bid bidders MUST refresh their computer screens frequently. Bidder may not be able to view the most current bid without a screen refresh.

Indemnification
Successful Bidder shall at all times hereafter indemnify, hold harmless and, defend COUNTY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by intentional or negligent act of, or omission of, Bidder, its subcontractors, employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, the removal of any property purchased by the Bidder from the County, the sale by Bidder of any such property to third parties, any defect in the operation or physical condition of any such property and any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against COUNTY by reason of any such claim, cause of action or demand, Bidder shall, upon written notice from COUNTY, resist and defend such lawsuit or proceeding by counsel satisfactory to COUNTY or, at COUNTY’s option, pay for an attorney selected by County Attorney to defend COUNTY. To the extent considered necessary by the Contract Administrator and the County Attorney, any sums due Bidder under this Agreement may be retained by COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by COUNTY. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement.

Limitation of Liability
Without waiving any other defenses or immunities provided by law, the County shall not be liable for any demand or claim, regardless of form of action, arising out of or incident to the posting of information or data on this website, the accessing or use of any information or data on this web site, and/or the acts or omissions of any person or entity accessing or use of any information from this web site. This includes, but is not limited to, claims arising out of or incident to incorrect or incomplete data or information accessed pursuant to this Disclaimer Agreement. All users are advised to independently verify any information or data obtained pursuant to this Disclaimer Agreement with the Division of Purchasing. User agrees that the services are provided "as is"; County makes no representation or warranty with respect to accuracy, completeness, or timeliness; and County specifically disclaims any other warranty, express, implied or statutory, including any warranty of merchantability or fitness for a particular purpose. County does not expressly or impliedly warrant that the information or data accessed by user is accurate or correct. There are no expressed or implied warranties in connection with this service. County shall not be liable on account of any such errors, omissions, delays, or losses. User agrees that in no event will County be liable for the results of user's use of the services, inability or failure to conduct its business, or for indirect, special or consequential damages. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies.

User hereby relieves and releases County, it officers, employees, and agents from liability from any and all damages resulting from interrupted service of any kind.

Nothing in this agreement shall be construed as waiving the sovereign immunity of County, its officers, employees and agents.
The County provides no warranties of any kind or nature, express or implied, and specifically disclaims any and all warranties of any kind or nature, express or implied, and specifically disclaims any and all warranties with regard to any computer programs, materials or services in connection with this web site. The County diligently strives to maintain accurate, complete and timely data on this web site but shall not be liable for any consequential, exemplary, incidental or special damages arising from or in connection with data or information accessed via this site.
ALL SALES ARE FINAL. NO REFUNDS. NO EXCHANGES. NO RETURNS.

Bidder agrees to accept and comply with all of the terms and provisions as listed above.