Terms & Conditions

User Agreement
Scope:

The following Standard Terms and Conditions of Sale are hereby incorporated into the Iowa Dept of Public Defense (DPD) Warehouse Surplus (Seller) Auction site and apply in like force to any subsequent award resulting for the auction.

This Agreement describes the terms and conditions applicable to your use of our services and the general principles. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions, before you may purchase at IA DPD Warehouse Surplus Auction. We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective after they are posted on our site.

Applicable Law:

Any contract resulting from this auction shall be governed under the laws of the State of Iowa.

Eligibility:

Our services are available only to individuals who can form legally binding contracts under Iowa State law. Without limiting the foregoing, our services are not available to minors. If you are a minor (a person under the age of 18 years old), you can use this service only in conjunction with your parents or guardians consent. If you do not qualify, please do not use our services. Further, your account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

Bidding and Buying:

As a buyer, you are obligated to complete the transaction with the DPD Warehouse Surplus if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted. By bidding on an item you agree to be bound by the conditions of sale included in the item’s description so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances, such as: the DPD Warehouse Surplus materially changes the item’s description after you bid or a clear typographical error is made.

Access and Interference:

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Warehouse Surplus site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to the DPD Warehouse Surplus. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website.

Breach:

Without limiting other remedies, we may immediately remove your bid, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:

  • (a) You breach this Agreement or the documents it incorporates.
  • (b) We are unable to verify or authenticate any information you provide to us.
  • (c) You are disrespectful towards DPD Warehouse Surplus staff.
  • (d) You do not pay for or pick up any item you may have won within five (5) calendar days of the ***winning bid notification email.

***The winning bid notification email is the second email buyers will receive indicating that DPD has reviewed and ACCEPTED the auction. The first email which buyers receive indicates they are the "apparent" winner and the auction is pending DPD review.

Privacy:

We do not sell or rent your personal information to third parties for marketing purposes and we only use your information to process your bid and transactions relating to this bid.

No Warranty:

WE PROVIDE OUR WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.

Liability Limit:

In no event shall we be liable for lost profits or any damages (special, incidental, consequential or otherwise) arising out of or in connection with our site, our services or this agreement.

Indemnity:

You agree to indemnify and hold the Iowa DPD Warehouse Surplus, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any applicable law.

Legal Compliance:

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, purchase and solicitation of offers to purchase. General: This Agreement shall be governed in all respects by the laws of the State of Iowa. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Sales Policies
Warranty:

THE EQUIPMENT/MATERIAL/ITEM(S) IS BEING SOLD “AS IS – WHERE IS”, NO WARRANTY IS IMPLIED OR GIVEN. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE EQUIPMENT/MATERIAL/ITEMS(S) BEING SOLD IS WITH THE BUYER.

Quantities:

The DPD Warehouse Surplus reserves the right to increase or decrease quantities or cancel any auction without notice.

Auction Timeline:

The DPD Warehouse Surplus reserves the right to reduce or extend auction timelines or cancel any auction without notice.

Acceptance-Rejection:

All bids are subject to DPD review and approval. DPD reserves the right to accept or reject any or all bids. Bids may be rejected for any, but not limited to, the following circumstances:

  • 1) The DPD’s Auction Site is unavailable for a significant duration of the last day of the auction, or is unavailable during the last hour of the auction.
  • 2) The bidder has failed to previously pay for and/or remove other purchases from the DPD’s auction program.
  • 3) The bidder’s form of payment is rejected.
  • 4) At the sole discretion of the Iowa Department of Public Defense for any reason that is deemed to be in the best interest of the Department.
Payment:

Payment in full is to be made prior to the removal of any equipment/material/item(s) within 5 working days after receipt of winning bid notification email***, unless otherwise specified. Payment must be by personal check, money order, certified (or cashier) check or cash at the time of pickup. Checks will be made out to the “State of Iowa”.

***The winning bid notification email is the second email buyers will receive indicating that DPD has reviewed and ACCEPTED the auction. The first email which buyers receive indicates they are the "apparent" winner and the auction is pending DPD review.

Sales Tax:

All bids and orders are sales tax exempt.

Pick-Up:

Items must be picked up within 5 working days after receipt of winning bid notice UNLESS arrangements are made with a DPD State Property Office representative. The phone number for the State Property Office is (515) 252-4091 and/or (515) 727-3376. Items can be picked up Monday – Friday from 7:30 am – 3:30 pm. Items not picked up within 5 working days, and no arrangements with the State Property Office in place, are subject to be sold on our sales floor, re-listed on the auction site, or disposed of.

Title:

DPD Warehouse Surplus warrants it has good and marketable title to the equipment. Title to the equipment will pass to the buyer upon payment of full purchase price and tax if applicable, and will be free and clear of all liens, claims and encumbrances of any kind.

Removal of Equipment:

The Iowa DPD Warehouse Surplus will de-install equipment that is physically hardwired, attached to gas lines, water lines or bolted to the walls or foundation. The BUYER will be responsible for packing the equipment, arranging for and paying all transportation charges. Pick up shall be at a date, time and place agreed upon by both parties. Once the title has passed ownership, BUYER shall bear all risk of loss and damage from any cause whatsoever.

Hold Harmless:

The BUYER agrees to hold harmless the State of Iowa and the Iowa National Guard, its officers, agents and employees from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to persons or property arising out of or in connection with or occurring from use of the product purchased, howsoever caused. The BUYER acknowledges they have been advised that any equipment containing residual hazardous substances and accepts all risks and liability associated with the use and ultimate disposal of product.

Environmental Responsibility:

Certain Assets may have components, parts, constituents or ingredients that may be corrosive, reactive, and ignitable or exhibit other hazardous or toxic properties. You are cautioned to use and ultimately dispose of any hazardous components or constituents according to all applicable laws and regulations in a manner safe for public and the environment.

Certain Assets or components of Assets may contain residual chemicals, friable asbestos, petroleum products and ozone depleting substances or other hazardous. You acknowledge and agree that we are not responsible for providing documentation or certification regarding the identification of status of these substances. Certain Assets have design features that may be hazardous if warning label is not heeded.

Environmental responsibility and sustainability are important to us and the users of our Site. In some cases, buyers elect to dispose of Assets, or select components of Assets, that they purchase, particularly in the case of Assets that are salvage. Winning Buyers must comply with all environmental laws when disposing of Assets, including all laws related to waste disposal, air emissions, discharges, toxic substances and hazardous waste disposal. In the event a buyer decides to dispose of consumer electronics purchased through our Site or Services, such a buyer must dispose of such electronics using a certified electronics recycler. In the case of buyers of salvage consumer electronics, we reserve the right to audit your records to confirm the use of a certified electronics recycler and your failure to use a certified electronics recycler or to provide reasonably acceptable records in audit may subject your account to restriction and even deactivation, and other legal or equitable remedies that may be available to us.

Insurance Responsibility:

The Buyer is required to have insurance covering its loading and transportation of assets. In order to pick up the Assets, you and your agents must maintain adequate automobile and commercial general liability insurance, and minimum legally required workers compensation for your employees picking up Assets. Upon request, you will provide us with proof of such insurance. Further, upon request, you will name us as an additional insured to your policy.

Cancellation:

We reserve the right to cancel any agreement(s) resulting from this auction in whole or part without penalty due to non-compliance with Standard Terms and Conditions.