VIRTUAL AUCTIONS TERMS OF SALE PLEASE NOTE: A 13% BUYERS PREMIUM WILL BE CHARGED ON ALL PURCHASES PAYMENT: FULL PAYMENT MUST BE MADE WITHIN 2 HOURS OF RECEIPT OF THE INVOICE SALES: ALL SALES ARE FINAL. NO refunds. NO returns. NO exchanges. NO turndowns. REMOVAL: Removal of goods must be made within 5 business days of the auction during state business hours. Appointments to remove items MAY be required. This will be announced prior to and during the auction. 1. The State of New York reserves the right to add or withdraw any item(s) before the sale. 2. The OGS Representative has the right to suspend or terminate bidding privileges from customers immediately due to the following actions: collusion with the intent to restrict competition, stealing, destruction of property or any altercations, whether physical or verbal, at pickup. 3. The OGS Representative has the right to suspend bidding privileges after three violations of any of the following infractions during the auction season: payments not made within the allotted time of 2 hours of receipt of the invoice (this includes proxy bidders not reachable when contacted for payment), late removal of items (within 5 business days not including auction day) or partial pickups. 4. All goods are being sold on an "as is" and "where is" basis with no guarantee expressed or implied by the State of New York or the auction firm. Known defects are listed, but the absence of any indicated deficiencies does not mean the item may not have deficiencies. 5. Sale will be made to the highest bidder. If there is a dispute, the OGS Representative's decision will be absolute. 6. OGS and the auction company have the right to restart the sale of an item in the event of an interruption of the auction due to unforeseen circumstances (i.e. power outages, system failures, etc.). 7. New York State or the OGS Representative reserves the right to reject any and all bids. On lots upon which there is a reserve, the State reserves the right to accept the last bid. 8. Each sale of goods is complete, with title of said goods and risk of loss passing to the buyer when the auctioneer says sold, or otherwise designates bidder as purchaser. Titles will be made out the way the bidder has registered, NO EXCEPTIONS! 9. Full payment must be made within 2 hours of receipt of the invoice by credit card ONLY. A bill of sale will be emailed once payment has been made. Municipalities, local subdivisions and school districts may also use the form of payment outlined above or a purchase order; however, a letter of delegated authority must be submitted to OGS Surplus Property prior to registration and if successful, payment must be made with 30 days of receiving the invoice. 10. All bidders must be 18 years of age or older and have a registered bidding number for their bid to be counted as valid. 11. Catalog numbers are assigned for identification only. The items will not necessarily be sold in numerical order. The lotting of items is also at the discretion of the OGS Representative and/or the auctioneer. 12. Sales Tax will be charged and collected on all purchases, unless New York State is given acceptable proof of exemption during registration. 13. Loading services are not provided. The winning bidder is responsible for the loading and removal of purchased items and assumes all risk incidental to such loading and removal. The winning bidder is responsible for any damage and/or personal injury caused by removal of items. This includes the obligation to repair and restore any damage to the property to the satisfaction of the facility representative. Removal must be made during State business hours within 5 business days of the auction. A copy of the bill of sale must be furnished at the time of removal. Failure to comply with the removal terms may affect future bidding privileges. Items not removed will be forfeited and the buyer will have no recourse. Bidders purchasing 6 or more vehicles and needing special arrangements for removal must obtain the approval of the OGS Representative by calling the Surplus Property office at 518-457-6335. Anyone picking up goods must follow NYS safety guidelines including but not limited to wearing a facemask and maintaining social distance of at least 6 feet from anyone onsite. 14. The use of New York State seals or insignias on private vehicles is prohibited. 15. All bids shall be arrived at independently without collusion, consultation, intimidation, communication, or agreement, for the purpose of restricting competition, with any other potential bidder. 16. New York State reserves the right to suspend or terminate bidding privileges, for this or any future auctions, of any person who violates these terms and conditions or engages in conduct that the State determines is inappropriate and/or contrary to the best interest of the State. 17. By bidding, you acknowledge acceptance of these terms and conditions whether present during the actual reading or not. NOTICE: It is expected that all buyers shall responsibly use this personal property including its disposition in conformance with applicable laws, rule and environmentally preferred practices.