(Special Terms and Conditions will be noted.)
The sale of surplus property by the Washington Metropolitan Area Transit Authority, otherwise referred to herein as "WMATA" is subject to the following terms and conditions.
All property listed herein is offered for sale "as is" and "where-is" and without recourse against WMATA. WMATA makes no guaranty, warranty or representation, expressed or implied, as to the kind, character, quality or size of any of the property and no claim will be considered for allowance or adjustment or for rescission of the sale based upon failure of the property to correspond with the standard expected.
WMATA reserves the right to accept all or part of any offer contained in any offer received, to decline to accept any offer and to sell and/or dispose of the material offered for sale in this specification as deemed to be in the best interest of WMATA.
WMATA will award material to the highest responsive, responsible bidder whose bid is determined to be most advantageous to the Authority.
The Offerer agrees that (1) the offer will not be withdrawn within the time specified for acceptance and will during the time remain firm and irrevocable, and (2) the Offerer will pay to WMATA the purchase price of the property in accordance with the offer accepted. If, after the award, the Purchaser fails to pay the purchase price, fails to remove the material and/or otherwise fails to perform any of his or her obligations within the time frame specified, all rights, title, and interest in the material hereunder will be forfeited.
WMATA reserves the right to accept or reject any or all bids on any or all items within 60 days after the date set for the opening of bids.
Payment is to be made in the form of a check or postal money order made payable to "Treasurer-WMATA". The payment must be made within 10 days of offer acceptance and must be received in full in advance of, or at the time of pick-up, before the property will be released to the Purchaser. Payments should be forwarded to:
Adrian C. Sclawy
Investment Recovery Administrator, WMATA
8201 Ardwick-Ardmore Road
Landover, MD 20785
Payment must be made within 10 days of offer acceptance and payment must be received by WMATA before material can be removed. The Purchaser or his agent must remove the property within 30 days. Purchaser shall remove the property at his expense or pay the expense of third party shipment. WMATA additionally reserves the right to award the material to the next highest bidder if material is not removed and/or payment is not made in a timely fashion.
Except as otherwise specified herein, all questions of fact involved in disputes arising from this sale shall be decided by the Director of Procurement, WMATA, whose decision on said facts shall be final and conclusive upon the practices hereto.
The purchaser shall be solely responsible for all injuries to persons or damage to property occurring on account of, or in connection with any work performed hereunder on the premises of WMATA and shall indemnify and save harmless WMATA from and against liability, loss, and expense (including but not limited to loss and expense because of liability for the payment of Workman's Compensation, arising out of such injuries (including death) to persons (including, but not limited to employees of WMATA and the Purchaser), or damage to property (including but not limited to property of the Purchaser) occurring on account of, or in connection with any work of the actual causes of the accident. The liability of the Purchaser under this contract is absolute and is not dependent upon any question of negligence on the part of the Purchaser, or on the part of the WMATA or their respective agents, employees, servants or contractors.
It is understood by the Purchaser that anytime they, their agents, servants or employees enter upon the property of the WMATA, that they assume the liability and risks identified under Liability, above.