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CITY AND COUNTY OF HONOLULU PUBLIC AUCTION

G  E  N  E  R A  L  C O N D I T  I O  N S

1. DEFINITION

"City" means the City and County of Honolulu.

"Director" means the Director of Finance of the City who is authorized to dispose of all unusable City personal property.

"Purchasing Division" means the Office of the Division of Purchasing, Department of Finance of the City.

"Successful bidder" means the bidder, whose bid has been accepted by the Director.

2. INSPECTION

All prospective bidders are urged to inspect the articles to be sold prior to bidding. The articles will be available for inspection at the location and time specified in the Special Provisions. In no case will failure to inspect constitute grounds for the withdrawal of a bid, once bidding commences.

3. CONDITION AND LOCATION OF ARTICLES

Unless otherwise specifically provided in the Special Provision, all articles are offered for sale "AS IS" and "WHERE IS". The description is based on the best available information. However, the City makes no warranty, expressed or implied, as to quantity or description of any of the articles, or its fitness for any use or purpose. This is not a sale by sample.

4. UPSET PRICE

Should there be no bids at the upset price, the City may accept an offer below the upset price.

5. (THIS SECTION IS DELETED)

6. LOSS OF DOCUMENTS

There shall be a charge to be determined by the Director of Finance, for replacement or duplication of any auction documents that must be re-issued.

7. TITLE TO ARTICLES

Title to the articles shall vest in the successful bidder upon full payment of price bid. Thereafter, all risks of loss, damage, or destruction from any cause whatsoever shall be borne by said bidder.

8. RIGHTS TO REMOVE ARTICLES

The successful bidder must remove the articles at his expense and within the period specified in the Special Provisions or within such additional time as may be allowed by the Director. The successful bidder shall reimburse the City for any damage to City property caused by the removal operation. Should the removal operation be delayed due to causes for which the successful bidder is not responsible, as to which the Director shall be the final judge, then, provided written application for an extension of time be filed by said bidder with the Director before the expiration of the specified time limit or before the expiration of any extended time limit, setting forth in detail the causes of such delay, the time for removal may be extended by the Director. At the time of removal, the successful bidder must show the official auction receipt as proof of purchase to a designated City representative upon request. If someone other than the successful bidder removes the article, a letter of authorization from the successful bidder must be provided requesting the release of the articles to that individual.

9. CLEANUP

All debris resulting from the removal operation must be cleared and removed by the successful bidder at his own expense to the satisfaction of the Director. Burning of debris on the site will not be permitted except where specific written authorization has been received from the Board of Health. Evidence of approval will be shown to the Director upon request.

10. RIGHTS AND REMEDIES OF THE CITY

Should the successful bidder fail to remove the articles within the specified time, or fail to make payment as specified, the City reserves the right to re-sell the articles at public auction or to award it to the next highest bidder and the proceeds shall be credited to the City. In such event, the successful bidder shall forfeit all claims to the articles and shall not be reimbursed for any expenses whatsoever. He shall also forfeit the full amount paid to the City for the sale. Furthermore, the Director reserves the right to suspend the bidder from bidding on any City sale for a period of six months or longer.

11. CANCELLATION OF AUCTION

The Director reserves the right to cancel the auction or delete any article or articles from the auction at any time before bidding commences on the article or articles.

12. EXAMINATION OF DOCUMENTS

It will be conclusively presumed that the bidder has read, examined, and agreed to each and every term, condition, provision, covenant or agreement in these General Conditions and the Special Provisions of the sale, said documents being on file in the Purchasing Division.

13. INTERPRETATION OF GENERAL CONDITIONS AND SPECIAL PROVISIONS

Any doubt as to the meaning of these General Conditions and Special Provisions will be explained by the Director or his authorized representative.

14. GENERAL CONDITIONS INTENDED TO COVER

These General Conditions are intended to cover the sale by public auction of the articles described in the Notice of Public Auction and Special Provisions.

15. SPECIAL PROVISIONS

The Special Provisions attached hereto shall be considered a part of these General Conditions as fully as if contained herein. Should any Special Provisions conflict with these General Conditions, said Special Provisions shall govern.

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