Incorporation by Reference of Buyer Terms and Conditions. These Terms and Conditions are specific to this auction and supplement our standard Buyer Terms and Conditions applicable to all bidders on our marketplace. You hereby acknowledge and agree to the most recent Buyer Terms and Conditions which are hereby incorporated by reference into these Terms and Conditions specific to this auction. In the event of a conflict between these Terms and Conditions specific to this auction and our standard Buyer Terms and Conditions, these Terms and Conditions shall control. A link to our most current version of Buyer Terms and Conditions can be found on the Site Map which can be accessed at the bottom of each page on our marketplace website.
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METRA

Chicago, Illinois

 

Online Sales - Terms and Conditions

 

All bidders and other participants of this service agree they have read and fully understand these terms and agree to be bound thereby.


1. ACCEPTANCE: The accepts the goods, materials or equipment purchased under the Contract as is, where is, as it stands in its present condition, and place without any warranty expressed or implied as to its condition or serviceability for a particular purpose or any other use or purpose.
2. ACCEPTANCE OF TERMS AND CONDITIONS: By submitting a bid, the bidder agrees that the bidder has read, fully understood, and accepted these Terms and Conditions of Online Sales, and agrees to pay for and remove the property, if the bid is accepted, by the dates and times specified.
3. ADDITIONAL CHARGES: The price quoted for each item is the full sales price, including any packaging, pickup charges, direct and indirect, and includes all premiums on bonds, material or service costs, patent royalties and all other overhead charges of every kind and nature. This price does not include any applicable Buyer Premium pursuant to Paragraph 11 below.
4. AGENT: The Purchaser acknowledges that in the performance of the removal of the goods, materials, or equipment acquired by the Purchaser in connection with this sale, the Purchaser is an independent contractor and not an agent of Metra and that all employees of the Purchaser involved in any aspect of said removal shall be subject to the direction, supervision, and control of the Purchaser and not of Metra.
5. APPROXIMATE QUANTITIES: Where approximate quantities are stated, the unit prices quoted in the bid will apply regardless of whether the actual quantities are greater or less than the assumed quantities, the stated total notwithstanding.
6. ASSIGNMENTS: This contract with all the benefits and advantages thereof shall be binding upon and inure to the representatives, successors or assigns of the parties hereto, if previously approved by the Department Head of Material Management or his/her representative. However, neither this Contract nor the proceeds therefrom shall be assigned in whole or in part without the written approval of Metra.
7. AUDIT PROVISIONS: Purchaser agrees to permit the Secretary of Transportation and/or Controller General of the United States, or their duly authorized representative, to inspect all work, materials, payroll, and other data and records involving this Contract, and to audit the books, records, and accounts involving the Contract as it effects the 'Sale" as defined in the applicable FTA Grant Agreement.
8. BASIS OF AWARD: Award will be made to the highest responsive and responsible bidder at the end of each auction. Metra may award to second or third bidder if high bidder defaults. Metra may award if reserve is not met, if determined to be in Metra's best interest. Bids are valid for 16 days from date auction ends.
9. BID DEPOSITS: Metra may require bid deposits in order to ensure fairness to all bidders. The deposit will be reversed if no default occurs or the bidder does not win the auction. The deposit will be retained if the winning bidder defaults.
10. BIDDER'S RECORD AND QUALIFICATIONS: The Bidder, within forty-eight hours after being requested in writing by the Northeast Illinois Regional Commuter Railroad Corporation DB/A METRA/Metropolitan Rail shall furnish evidence satisfactory to METRA of the Bidder's ability and responsibility, financial and otherwise, to remove the material or service specified in the manner and at the time prescribed and in accordance with the specifications of METRA.
11. BUYER PREMIUM: A Buyer Premium of 12.5% will be added to the final sale price with a $5 minimum charge per auction to collect payment. The premium will be visible during the bidding process and will be included in the payment required.
12. CONDITIONS OF ACCEPTANCE: The Bidders further understand and agree that if this bid is accepted, they are to pay in full to GovDeals the prices bid, subject to all terms, conditions, and requirements set forth in the quotation and in the resulting sales order or contract.
13. CONFLICT OF INTEREST: Members of the Board, officers, and employees of Metra, their spouses, their children, their parents, their brothers, sisters, and their children, are prohibited from having or acquiring any contract or any direct pecuniary interest in any contract which will be wholly or partially performed by the payment of any funds or the transfer of property of Metra. Any firm, partnership, association, or corporation from which any member of the Board, officers, or employee of Metra is entitled to receive more than seven and one-half percent (7Â1/2%) of the total distributable income, is prohibited from having acquired any contract or direct pecuniary interest in any contract which will be performed in whole or in part by payment of funds or the transfer of property of Metra. Any firm, partnership, association, or corporation from which members of the Board, officers, and employees of Metra, their spouses, their children, their parents, their brothers, sisters, and their children are entitled to receive in the aggregate of more than fifteen percent (15%) or the total distributable income, is prohibited from having or acquiring any contract or direct pecuniary interest in any contract which will be performed in whole or in part by the payment of funds or the transfer of property of Metra.
14. CONFLICT OF PROVISIONS: In the event of a conflict between any of the above terms and conditions and any or the terms and conditions included in any other attachments, these terms shall govern.
15. CONSIDERATION OF BID: Metra reserves the right to reject any and all bids and to withdraw from sale any of the items listed before a Buyers Certificate is delivered.
16. CONTRACTS VIOLITING REGULATIONS: Any Contract executed in violation of the above terms and conditions shall be null and void as to Metra.
17. 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 specified time. Default may result in termination of the bid contract and suspension from participation in all future sales until the default has been cured. If the Buyer fails in the performance of their obligations, Metra may retain Buyer's bid deposit and exercise such rights and pursue such remedies as are provided by law
18. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties. It may not be modified or terminated orally, and no claimed modification, termination, or waiver shall be binding on Metra unless in writing signed by a duty authorized representative of Metra. No modification or waiver shall be deemed effective by Purchaser's acknowledgement or confirmation containing other or different terms. All titles to clauses contained in this Contract are for identification only and shall not be construed as being a substantive part of this agreement.
19. F.O.B. DESTINATION: Purchaser takes position of as-is items at Metra's designated pickup facility. Purchaser shall pay all preparation, shipping, handling, weighing, sorting and hazardous waste disposal costs.
20. GOVERNING LAW AND FORUM: This Sales Order and any resulting contract there-from shall be governed by the laws of the State of Illinois, and venue for any disputes that may arise shall be either the Circuit Court of Cook County Illinois or the United States District Court for the Northern District of Illinois.
21. HAZARDOUS: Bidder is cautioned that articles or substances of a dangerous nature may remain in the property regardless of the care exercised to remove same. Metra assumes no liability for damages to property of the Purchaser or for personal injury, disability or death of the Purchaser, its employees or to any other person arising from or affiliated with the purchase, use or dispositions of this material. The Purchaser shall hold Metra harmless from any and all such demands, suits, actions, or claims arising from or otherwise relating to the purchase of this material.
22. INDEMNIFICATION: In connection with the performance of the Contract, the Purchaser agrees to assume all risk of injury to person (including death) and damage to property suffered by the Purchaser, Metra, and all other persons, firms, and corporations, and the PURCHASER agrees to indemnify, defend, and save harmless Metra, and its officers, agents, and employees from and against all loss, liability, cost, and expense(including all costs of litigation and all attorneys' fees) which any of them may incur, sustain, or be subject to on account of all claims of injury to person, including death, or damage to property suffered by the Purchaser, Metra, and all other persons, firms, and corporations which result from or arise out of the performance of this Contract or the presence of the Purchaser or its agents, servants or employees in , on, or about any premises owned or occupied by Metra, whether or not any such claim is caused by or attributed to the condition of any premises owned or occupied by Metra.
23. INSPECTION: The bidder declares that he/she has carefully examined this document and that he/she has familiarized him/herself with all conditions affecting the sales order, and understands that in making this bid, the Purchaser waives all rights to plead any misunderstandings regarding same.
24. INSURANCE: If required, certificates of insurance will be approved by Metra's Risk Management Department before the product can be acquired.
25. MEMBER OF CONGRESS: No member of or delegate to the Congress of the United States shall be admitted to any share or part or this Contract or to any benefit therefrom.
26. METRAS TAX EXEMPT NUMBER:
Metra's Tax Exemption - Identification Number is E9975-7850-07.
27. BUYERS CERTIFICATE: Successful bidders will receive a Buyers Certificate by email from GovDeals.com.
28. PASSAGE OF TITLE: Passage of title will occur upon Purchaser's pickup of goods sold.
29. PAYMENT: Payment in full is due not later than 5 business days from the time and date of the Buyers Certificate. Payment must be made electronically through the GovDeals Website.

Acceptable forms of payment are:

·         PayPal

·         Wire Transfer

·         Visa

·         MasterCard

·         American Express

·         Discover

PayPal and Credit Card purchases are limited to below $5,000.00. If the winning bid plus applicable taxes, if any indicated, and the buyer's premium, equals more than $4,999.99, PayPal and Credit Cards may not be used. If Wire Transfer is chosen, a Wire Transfer Transaction Summary page will provide payment and account information. The Wire Transfer must be completed within 5 days.

 Payment for an awarded item must be received within five (5) business days after the date of the Buyers Certificate of the successful bid. If payment is not received within five (5) days of Buyers Certificate, Metra reserves the right to consider the sale null and void and re-advertise the goods for sale.
Payment may only be made online by credit card, or by wire transfer. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED!
If you choose to pay with a credit card, please follow the instructions below. The credit card limit per transaction is $5,000.00. For payments larger than this amount, follow the instructions listed under Wire Transfers.
Partial Payment
There will be NO partial payments allowed for an auction. All auctions must be paid in full according to the specified payment process. For example, you WILL NOT be able to partially pay for an auction by Credit Card and pay the remainder by another payment method, such as a wire transfer. All credit card payments must be made using a single credit card.
Credit Cards

30. PICK-UP AND THIRD PARTY PICK-UP PROCEDURES: Upon receipt of payment, you will be notified by email sent to the address you provided at registration with Publicsurplus.com. You may then contact Metra and arrange for a mutually convenient pick-up time. You must bring to the pick-up location (1) the Buyers Certificate, (2) the Paid Receipt and (3) personal picture identification (such as a Driver License). You must present all three identification items at the scheduled pick-up, or the auction item(s) will not be released to you.

If winning bidder picks-up equipment through independent party, independent party must bring and show the Buyers Certificate  and the Paid Receipt (photo copies are acceptable), plus a NOTARIZED statement from the designated winning bidder specifically naming you as authorized representative, along with your own personal picture identification. In addition, you must arrange for the winning bidder to send an e-mail from the winning bidder e-mail address used for the auction, stating that you are authorized to pick-up the item.
Winning bidder assumes all liability for all third party pick-ups. Metra assumes no liability. Winning bidder shall hold Metra harmless for everything regarding the third party pick-up including, but not limited to, lost or stolen equipment and/or said equipment not being delivered.
31. REGULATORY COMPLIANCE: The Contractor shall comply with the Resource Conservation and Recovery Act of 1976 and the Illinois Electronic Products Recycling and Reuse Act, Public Act 095-0959.
32. REMOVAL: Buyer must remove auction item(s) from the agency premises within ten (10) business days after the time and date of issuance of the Buyers Certificate. If the Buyer, after making payment for an item, fails to remove the item within the specified time, the agency reserves the right (1) to retain all payments; and (2) to dispose of the item through another auction or otherwise. Successful bidders are responsible for packing, loading, removing and transporting all property awarded to them from the place where the property is located as indicated on the website and in the Buyers Certificate. The Buyer must make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will Metra assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse Metra for any damage to Metra's property caused by Buyer's or Buyer Agent's removal of auction item(s) from the premises.
There is absolutely no "salvage" of vehicles on Metra property. Dismantling, cutting, or crushing of any vehicle will not be allowed. However, any vehicle that must be downsized, by unbolting any attached equipment, to make it legal for transportation purposes will be allowed.
Metra does not allow purchasers to make repairs on Metra property, with the exception of minor repairs needed to make the vehicle functional for removal from the premises. Minor repairs may include checking fluid levels, jumping or replacing batteries, tire repair/replacement, lighting, and wiper blades.
Metra cannot and will not provide the buyer any tools, materials, or Metra employee for any repairs needed to remove the vehicles from Metra property. There is no access to fuel or materials of any kind at the sale site where vehicle was purchased.
Metra cannot and will not load any vehicles on private or for-hire trucks or trailers due to liability issues. All loading and securing of vehicles purchased from Metra is the sole responsibility of the purchaser or their agents.
33. RESERVE REQUIREMENT: If there is a reserve requirement and the reserve price is not met by the close of bidding, Metra reserves the right to sell the auction item to the next highest bidder, relist the item for auction, or otherwise dispose of the item at Metra's discretion.
34. SAFETY: It is important to Metra to create and maintain a safe working environment. The Purchaser must ensure that all vehicles and equipment are operated in a safe manner mutually agreed to by Metra and the Purchaser. Purchaser is responsible for ensuring that all of their Material Handling Equipment operators are properly trained to operate the type of equipment they will be utilizing. The Purchaser is responsible for their personnel and equipment having appropriate safety and personal protection equipment (PPE). At no time will operations be conducted in an unsafe manner.
35. SAFETY AND REMOVAL PLAN: Purchaser must submit a safety and removal plan. The plan must be approved prior to award and must demonstrate capability to safely handle and remove all property referred to Purchaser. Plan must show Purchaser has appropriate personal protective equipment (PPE) for all its employees.
36. UNAVOIDABLE DELAY: If the Purchaser is delayed in the pickup of goods, materials, or equipment purchased under the Contract by a cause beyond the Purchaser's control, the Purchaser must immediately upon receiving acknowledgement of such delay, give written notice to Metra and request an extension of time for completion of the Contract. Metra shall examine the request and determine if the Purchaser is entitled to an extension. Metra shall notify the Purchaser of Metra's decision in writing. If Metra does not approve the extension, the Purchaser will be bound by the original date.
37. WARRANTIES: The Purchaser purchases the material "AS IS, WHERE IS", as it stands in its present condition and place without any warranty expressed or implied as to their condition or serviceability for its original or any other use or purpose.