U.S. MARSHAL-ID​ SALES TERMS AND CONDITIONS

General Live & Online Terms and Conditions:

1. This Agreement is a legally binding instrument between you and the auctioneering company, and describes your responsibilities in connection with your use of this website and, among other things, limits the liability of the auctioneering company. Before using any of this website, please read all of this Agreement carefully. By accessing or using this website, you affirm that you are over 18 years of age and are otherwise capable of forming legally binding contracts, and that you agree to be legally bound and to abide by this Agreement. If you are under 18 years of age, or are otherwise incapable of forming legally binding contracts, or do not agree with any part of this Agreement, you must not access or use this website.

 

2. These vehicles will be auctioned AS-IS, WHERE-IS, WITH ALL FAULTS, WITHOUT WARRANTY OR GUARANTEE EITHER EXPRESSED OR IMPLIED, AS TO AGE, YEAR OF MANUFACTURE, MAKE, MODEL, ODOMETER, CONDITION OR ANY OTHER SPECIFICATION. DESCRIPTIONS OF VEHICLES, EITHER WRITTEN OR ORAL, ARE FURNISHED AS A GUIDE ONLY. NO GUARANTEE AS TO THE ACCURACY OF THE DESCRIPTION IS MADE. The Auctioneer shall not be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection therewith. No allowance, refund or set aside will be made on account of any incorrectness, error in cataloging, imperfection, defect or damage. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. It is the responsibility of the Buyer to have inspected thoroughly the merchandise and to have satisfied him or her as to its condition and value and to bid based upon that judgment solely. The auctioneering company does not certify the accuracy of the information presented by any third party company that assist in the sale, and will not be held responsible for any error made on their behalf.

 

3. This auction is conducted with reserve. The United States Marshals Service reserves the right to approve the final transfer of property the successful bidder, even after the auctioneer states "sold". The auctioneering company does not/ will not disclose the reserve amount. In addition, the United States Marshals Service retains the right to reject any bids for any reason or to make counter offers or accept back up offers at their sole discretion.

 

4. The auctioneering company and the US Marshals Service reserves the right to add/ delete vehicles to/ from the auction at any time.

 

5. Practices that eliminate competition, such as collusive bidding may warrant criminal, civil, or administrative action against the participant and may be referred to the Department of Justice.

 

6. High bidder will sign a Form USM-621 Personal Property Sales Certification stating that he or she does not know the listed defendant, is not a government employee, and is not affiliated with the auctioneering company.

 

7. Vehicles & Surplus not paid for within 2 hours of a live sale & 48 hours after an online sale may be resold without notice. If a buyer does not pay, backs out, submits a check containing insufficient funds, or issues a "stop payment" that buyer will be banned from all future auctions and his/ her information will be submitted to the Department of Justice. The Buyer agrees that any item successfully bid upon will be paid for by the Buyer immediately following the conclusion of the auction (or within 48 for online auctions) and before departing the auction premises by delivery of cash or a check drawn on an account containing sufficient immediately available funds. To the extent that the bidder is an individual acting on behalf of a corporation registered as the bidder, the individual bidder shall be jointly and severally liable with the corporation for payment of the purchase price. The Buyer acknowledges and agrees that no "stop payment" order shall be issued or honored. The Buyer further agrees that a stop payment order or a check returned marked "insufficient funds" shall be considered prima-facie evidence of intent on the part of the buyer to defraud the Auctioneer at the time of delivery of the check.

 

8. Upon the sale of each lot, the Auctioneer announces the final sale price and successful Buyer's number. All questions or disputes regarding Buyer, lot identity, price or quantity must be resolved immediately upon the sale of said lot. No changes or adjustments will be made at any later time. The record of the sale kept by the Auctioneer and sale clerk will be taken as final in the event of any dispute.

 

9. All persons attending preparation, preview inspection, sale or removal of merchandise assume all risks whatsoever of damage or loss to person and property and specifically release the Auctioneer formal liability therefore. The Auctioneer shall not be liable by reason of any defect in or condition of the merchandiser premises on which the sale is held.

 

10. The Buyer agrees that in any dispute between the Seller and the Buyer or between competing bidders arising in connection with any sale at the auction, the Auctioneer shall have the right but not the obligation to settle such dispute, and the Buyer shall abide by the decision of the Auctioneer, whose decision shall be final with respect to such matter. The Buyer further agrees to indemnify the Auctioneer for all liabilities, damages, costs, and expenses including attorney's fees incurred in connection with any such dispute or in connection with any claim, litigation, controversy, dispute or proceeding arising from any purchase of an article by the Buyer or from any subsequent sale of such article to any third party.

All Personal Property is Subject to - “As Is, Where Is” Disclaimer:

All personal property items will be sold with no warranty or guarantee whatsoever. All items are to be purchased exactly as they appear at

auction. They will be sold based on their appearance only. “As is” is a disclaimer of warranties or representations. “Where is” denotes that the

buyer takes the personal property as found and must remove it from the point of sale.

All Buyers Must Read and Acknowledge - Prohibited Parties Statement:

USMS employees, the contractor, the contractor's employees, and their immediate family members, are prohibited from bidding on or buying

directly or indirectly any forfeited personal property.

In order to avoid a conflict of interest, or the appearance of a conflict of interest, the following classes of persons are prohibited from purchasing,

either directly or indirectly, property forfeited to the United States which is to be sold under this contract or any subcontract to this contract:

1. Any United States Department of Justice (USDOJ) employee prohibited by Federal regulations (5 CFR 3801.104) from purchasing or using

property forfeited to the United States, or any member of his/her immediate family / household.

2. The contractor and any of its subcontractors; their employees or members of such employees’ immediate families / households; any entity

in which the contractor has any financial interest; or any agent or representative for such party.

3. Any employee of any Federal, State, or Local Governmental Agency, or members of his/her immediate family / household, that was

involved in the investigation or prosecution which led to the forfeiture of property to be sold by or through the contractor.

To effectuate this prohibition, as a requirement of this contract or any subcontract, the contractor and any subcontractor selling property forfeited

to the United States shall include the following provision in these Sales Terms and Conditions:

In order to make an offer to purchase property subject to this sale the offeror shall check one of the following boxes:

[ ] The offeror warrants that he/she is not: (a) an employee of the USDOJ; (b) an employee of any Federal, State, or Local Governmental

Agency which participated in investigations that led to the forfeiture of property to the United States subject to this sale; (c) an employee

of any contractor or subcontractor whose contract or subcontract provides goods or services to the USDOJ’s Asset Forfeiture Program;

(d) an agent or member of the immediate family / household of any employee described in (a), (b), or (c) above.

[ ] Any offeror who is an employee of the USDOJ warrants that he/she has complied with the provisions of 5 CFR 3801.104(a), and shall

provide as part of his/her offer a copy of the written determination by the Agency designee required by 5 CFR 3801.104(a).

All Buyers Must Read and Acknowledge - Buyer’s Certification (Applicable for Judicial Cases)

Title 18 USC Section 1963(g) and 21 USC Section 853(h) of the Comprehensive Crime Control Act of 1984, prohibits the United States

Government from reverting forfeited property to the defendant(s) convicted of violation under 18 USC Section 1962 nor 21 USC Section 841

et seu., or any person acting in concert with or on behalf of such defendant(s). To ensure compliance with the prohibition, you are required to

certify that you are not acting and will not act in concert with or on behalf of the defendant(s) in this case upon the satisfaction of your

purchase. Upon receipt of your certification, as set forth below, a records check will be made with the investigative agencies involved in the

prosecution of the said case to confirm your submitted certification. In the event your certification cannot be confirmed, the purchase shall be

immediately dissolved, and further criminal action taken.

CERTIFICATION:

I hereby certify that I am not acting and will not act in concert with the defendant(s) in the caseUSMS employees, the contractoAll Personal Property is Subject to - “As Is, Where Is” Disclaimer:

All personal property items will be sold with no warranty or guarantee whatsoever. All items are to be purchased exactly as they appear at

auction. They will be sold based on their appearance only. “As is” is a disclaimer of warranties or representations. “Where is” denotes that the

buyer takes the personal property as found and must remove it from the point of sale.

All Buyers Must Read and Acknowledge - Prohibited Parties Statement:

USMS employees, the contractor, the contractor's employees, and their immediate family members, are prohibited from bidding on or buying

directly or indirectly any forfeited personal property.

In order to avoid a conflict of interest, or the appearance of a conflict of interest, the following classes of persons are prohibited from purchasing,

either directly or indirectly, property forfeited to the United States which is to be sold under this contract or any subcontract to this contract:

1. Any United States Department of Justice (USDOJ) employee prohibited by Federal regulations (5 CFR 3801.104) from purchasing or using

property forfeited to the United States, or any member of his/her immediate family / household.

2. The contractor and any of its subcontractors; their employees or members of such employees’ immediate families / households; any entity

in which the contractor has any financial interest; or any agent or representative for such party.

3. Any employee of any Federal, State, or Local Governmental Agency, or members of his/her immediate family / household, that was

involved in the investigation or prosecution which led to the forfeiture of property to be sold by or through the contractor.

To effectuate this prohibition, as a requirement of this contract or any subcontract, the contractor and any subcontractor selling property forfeited

to the United States shall include the following provision in these Sales Terms and Conditions:

In order to make an offer to purchase property subject to this sale the offeror shall check one of the following boxes:

[ ] The offeror warrants that he/she is not: (a) an employee of the USDOJ; (b) an employee of any Federal, State, or Local Governmental

Agency which participated in investigations that led to the forfeiture of property to the United States subject to this sale; (c) an employee

of any contractor or subcontractor whose contract or subcontract provides goods or services to the USDOJ’s Asset Forfeiture Program;

(d) an agent or member of the immediate family / household of any employee described in (a), (b), or (c) above.

[ ] Any offeror who is an employee of the USDOJ warrants that he/she has complied with the provisions of 5 CFR 3801.104(a), and shall

provide as part of his/her offer a copy of the written determination by the Agency designee required by 5 CFR 3801.104(a).

All Buyers Must Read and Acknowledge - Buyer’s Certification (Applicable for Judicial Cases)

Title 18 USC Section 1963(g) and 21 USC Section 853(h) of the Comprehensive Crime Control Act of 1984, prohibits the United States

Government from reverting forfeited property to the defendant(s) convicted of violation under 18 USC Section 1962 nor 21 USC Section 841

et seu., or any person acting in concert with or on behalf of such defendant(s). To ensure compliance with the prohibition, you are required to

certify that you are not acting and will not act in concert with or on behalf of the defendant(s) in this case upon the satisfaction of your

purchase. Upon receipt of your certification, as set forth below, a records check will be made with the investigative agencies involved in the

prosecution of the said case to confirm your submitted certification. In the event your certification cannot be confirmed, the purchase shall be

immediately dissolved, and further criminal action taken.

CERTIFICATION:

I hereby certify that I am not acting and will not act in concert with the defendant(s) in the caser, the contractor's employees, and their immediate family All Personal Property is Subject to - “As Is, Where Is” Disclaimer:

All personal property items will be sold with no warranty or guarantee whatsoever. All items are to be purchased exactly as they appear at

auction. They will be sold based on their appearance only. “As is” is a disclaimer of warranties or representations. “Where is” denotes that the

buyer takes the personal property as found and must remove it from the point of sale.

All Buyers Must Read and Acknowledge - Prohibited Parties Statement:

USMS employees, the contractor, the contractor's employees, and their immediate family members, are prohibited from bidding on or buying

directly or indirectly any forfeited personal property.

In order to avoid a conflict of interest, or the appearance of a conflict of interest, the following classes of persons are prohibited from purchasing,

either directly or indirectly, property forfeited to the United States which is to be sold under this contract or any subcontract to this contract:

1. Any United States Department of Justice (USDOJ) employee prohibited by Federal regulations (5 CFR 3801.104) from purchasing or using

property forfeited to the United States, or any member of his/her immediate family / household.

2. The contractor and any of its subcontractors; their employees or members of such employees’ immediate families / households; any entity

in which the contractor has any financial interest; or any agent or representative for such party.

3. Any employee of any Federal, State, or Local Governmental Agency, or members of his/her immediate family / household, that was

involved in the investigation or prosecution which led to the forfeiture of property to be sold by or through the contractor.

To effectuate this prohibition, as a requirement of this contract or any subcontract, the contractor and any subcontractor selling property forfeited

to the United States shall include the following provision in these Sales Terms and Conditions:

In order to make an offer to purchase property subject to this sale the offeror shall check one of the following boxes:

[ ] The offeror warrants that he/she is not: (a) an employee of the USDOJ; (b) an employee of any Federal, State, or Local Governmental

Agency which participated in investigations that led to the forfeiture of property to the United States subject to this sale; (c) an employee

of any contractor or subcontractor whose contract or subcontract provides goods or services to the USDOJ’s Asset Forfeiture Program;

(d) an agent or member of the immediate family / household of any employee described in (a), (b), or (c) above.

[ ] Any offeror who is an employee of the USDOJ warrants that he/she has complied with the provisions of 5 CFR 3801.104(a), and shall

provide as part of his/her offer a copy of the written determination by the Agency designee required by 5 CFR 3801.104(a).

All Buyers Must Read and Acknowledge - Buyer’s Certification (Applicable for Judicial Cases)

Title 18 USC Section 1963(g) and 21 USC Section 853(h) of the Comprehensive Crime Control Act of 1984, prohibits the United States

Government from reverting forfeited property to the defendant(s) convicted of violation under 18 USC Section 1962 nor 21 USC Section 841

et seu., or any person acting in concert with or on behalf of such defendant(s). To ensure compliance with the prohibition, you are required to

certify that you are not acting and will not act in concert with or on behalf of the defendant(s) in this case upon the satisfaction of your

purchase. Upon receipt of your certification, as set forth below, a records check will be made with the investigative agencies involved in the

prosecution of the said case to confirm your submitted certification. In the event your certification cannot be confirmed, the purchase shall be

immediately dissolved, and further criminal action taken.