General Conditions of Sale
General Information: All persons participating in this sale are responsible to read, understand, and comply with the terms of sale as specified herein and agree to be bound thereby. Use of the CWSAMS auction site marks your full acceptance of all Terms & Conditions of CWSAMS, Amentum, and the federal government agency defined in the specific auction terms.
This is an online-only auction. All bidding will take place during the days and times indicated on the auction page at bid.cwsmarketing.com. All property is being offered for sale on behalf of the federal government agency identified in the specific auction’s Terms of Sale. The contractor is acting as the agent of the Government with respect to the sale of Government property.
The placement of a successful bid at a U.S. Department of the Treasury or U.S. Customs and Border Protection auction establishes a legally binding contract between the successful high bidder and the federal government agency. At the close of bidding, the high bid amount by the indicated bidder establishes the contract which may be subject to final acceptance by the Government. This contract is bound by these Terms and Conditions as well as any special terms and conditions published by the Contractor for the specific auction and other Federal regulations governing contracts for the purchase of government property. The successful bidder is legally bound to pay for property awarded in accordance with his/her bid.
Registration: If you are a new bidder, please go to "Create Account" and fill out the proper information and click "Sign Up." Bidders will need to accept the Terms & Conditions in order to establish an account.
Deposit: Bidder’s must review the specific auction requirements posted on the website to determine if a bid deposit is required to qualify to bid. If a bid deposit is required, you must submit the deposit along with the bid deposit form (available on the website) by the deadline published on the site. Please see the specific auction for the deposit details (i.e., forms of payment accepted, due dates, bid deposit form, etc.) Once the deposit is received, the bidder will be sent an email notification confirming they are approved to bid. Unsuccessful deposit checks will be returned within 5 business days. In the case of buyer default/non-payment the bid deposit may be forfeited and the buyer agrees to not dispute such charge.
Condition & Description: All known information pertaining to the condition and description of the property has been posted on the website. Bidders may obtain additional information by attending the live previews and visually inspecting the items. Lot numbers are for administrative purposes only and do not describe the property/merchandise. Bidders are responsible to ensure the catalog or announced/online description of any item they intend to purchase matches the property/merchandise inspected. Sale of property/merchandise will not be cancelled due to bidder misunderstanding, failure to pay attention to the bidding, or failure to inspect property/merchandise.
The buyer understands and agrees; (1) that any description or sample of the property/merchandise given or furnished is derived from records and documents that may be unverified as to accuracy, is solely for identification, and DOES NOT CREATE ANY WARRANTY, expressed or implied, that the property/merchandise actually conforms to such description or sample; (2) all weights, measurements, and descriptions must be considered approximations and do not create any warranty; (3) that the property/merchandise is purchased and accepted by buyer "AS IS," and "WITH ALL FAULTS." CWSAMS, Amentum AND THE FEDERAL GOVERNMENT MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL, OR IMPLIED AS TO AGE, YEAR OF MANUFACTURE, MAKE, MODEL, ODOMETER, QUALITY, QUANTITY, CONDITION, USABILITY, SALABILITY, WEIGHT, MEASUREMENTS, OR OTHERSPECIFICATIONS.
Inspection: Bidders are urged to inspect property/merchandise prior to bidding. Failure to inspect shall not constitute cause for cancellation of sale. Property/merchandise is available for inspection only at places and times specified. Absolutely no access to property/merchandise is allowed without prior authorization. When available, CWSAMS may, at its discretion, provide photographs, “stock photos”, slides/samples, or a video presentation as a courtesy to bidders. Bidders are warned against bidding on any lot(s) based solely on the sample displayed or on the basis of photographs. No warranty will be made in relation to these samples or photographs.
Placing a Maximum Bid: Please be aware that all bids placed are maximum bids. The website will enter the next bid increment and enter your bid as a maximum bid. The website will bid on your behalf up to your set maximum bid by the preset bid increment. Example: The current bid is $1000 and the bidder enters a maximum bid of $5000 with a bid increment of $100. The system will bid one increment ($1100) until the bidder’s "Maximum Bid" is exceeded. If the maximum bid is exceeded, the bidder will be notified by email they’ve been outbid. Bidders may increase the bid but not lower it. In the case of a tie bid, precedence is given to the earliest bid.
Technical Problems and Transmission Issues: CWSAMS has made every reasonable effort to facilitate online bidding. However, it is possible that technical problems and transmission issues may arise and affect the CWSAMS website, bidding system and/or computer or server or your computer, personal devise or software which is beyond the control of CWSAMS. By bidding online Bidder acknowledges that CWSAMS is not responsible for technical problems or transmission issues associated with a bid and that, in the event technical problems interfere with or prevent a bid, it may be necessary to withdraw items from bidding due to technical errors or uncontrollable circumstances. Further, in the event of the occurrence of a technical problem during any bid in any auction, CWSAMS in its sole discretion reserves the right to declare an item sold, postpone or cancel the auction, extend the bidding time for this auction and/or re-list the property for auction at another date and time. The decision of CWSAMS on this matter shall be final. Bidder acknowledges that, by bidding in any auction held by CWSAMS, Bidder accepts the terms and conditions of this Disclaimer.
Condition for Online Bidding: Bidders participating in a CWSAMS auction, acknowledge, accept and agree that bids that have been submitted by Bidder are final and cannot be revoked or retracted. CWSAMS is not responsible for errors made by Bidder during the bidding process. Auction lots close in two (2) minute increments (intervals) unless a bid is received within one (1) minute of a lots scheduled closing time, in which event CWSAMS will extend the sale of that lot by an additional interval of one (1) minute from the time of the last recognized bid on that lot. Bidders are hereby cautioned not to delay until the final seconds of the auction to place Bidder’s bid. Bids not received by CWSAMS by the lot sale closing time shall not be recognized. CWSAMS reserves the right in the event of a bidding error or dispute to determine in its absolute discretion the successful bidder, to reopen the bid, to cancel the sale or to re-offer and re-sell any lot in dispute. All sales are subject to final acceptance by the federal government agency or department conducting said sale and said agency or department reserves the right to accept or reject any bid.
Auction End & Bid Approvals: When the auction closes, the page will display either SOLD or UNSOLD. SOLD indicates the reserve (if there is a reserve) was met and establishes the high bid. Successful bidders will be notified via email of their status as the winning bidder and will be bound by the payment terms as found in the "Final Payment" paragraph in the Terms of Sale for the specific auction. UNSOLD indicates the final bid did not meet the reserve. In this case, CWSAMS will provide the high bid to the Government for consideration. If the Government accepts the high bid, the bidder will be notified.
Reserve: U.S. Department of the Treasury or U.S. Customs and Border Protection reserves the right to accept or reject any and all bids. Property/merchandise is offered subject to acceptance of the seller. The auctioneer or the federal government agency (U.S. Department of the Treasury or U.S. Customs and Border Protection) may withdraw the property/merchandise at any time and reserves the right to approve final transfer of property to the successful bidder, even after the auction closes.
Following the close of the auction, the government may still approve the high bid achieved if the reserve price is not met. The high bidder will be notified via email or phone within 2-business days following the close of sale if the government accepts the high bid not meeting reserve. ALL HIGH BIDS ARE CONTINGENT UPON GOVERNMENT APPROVAL.
Final Payment: All items must be paid in full as defined in the specific auction Terms of Sale. Please see the Terms of Sale for the payment submission details (i.e., forms of payment accepted, due dates, etc.). No extensions for final payment. PAYMENT MUST BE MADE BY SUCCESSFUL REGISTERED BIDDER. MONIES RECEIVED BY PARTIES OTHER THAN THE SUCCESSFUL REGISTERED BIDDER WILL BE DECLINED. U.S. funds only.
Refunds: Neither CWSAMS nor Amentum make refunds, adjustments, or returns. All purchases are final.
Property Release Documents: A Property Release document will be provided to the high bidder as follows:
- U.S. Treasury General Property – The property release document is emailed to the high bidder within 24 hours of payment and after buyer digitally signs their DocuSign paperwork. Originals will be mailed to the buyer.
- U.S. Customs & Border Protection GO Merchandise – The property release document is emailed to the high bidder after payment is processed.
For information on Property Release documents contact CWSAMS at service@cwsmarketing.com.
Removal: Removal must be completed on the date in the specific auction Terms of Sale. Removal is by appointment only and should be made by the Buyer with the storage vendor only after Buyer has received the necessary Property Release Document. Property/merchandise must be paid in full before removal —no partial release of any lots. All property/merchandise in a lot must be released to original buyer at one time. CWSAMS/Amentum WILL NOT SHIP ANY ITEMS. IT IS THE SOLE RESPONSIBILITY OF THE BUYER TO REMOVE THE PROPERTY/MERCHANDISE PURCHASED BY THE REMOVAL DATE AND TO ARRANGE FOR ANY SHIPPING. REMOVAL IS AT THE EXPENSE, LIABILITY, AND RISK OF THE BUYER.AT THE TIME THE APPOINTMENT IS MADE, BUYER SHOULD VERIFY WITH THE STORAGE VENDOR ANY COSTS THAT ARE ASSOCIATED WITH REMOVALFOR SERVICES PROVIDED BYTHE VENDOR.
Buyer must present a photo I.D. at the time of property/merchandise release. Should registered buyer wish to send an agent to pick up property/merchandise, buyer must prepare and sign an authorization letter identifying the agent to act on his/her behalf, as well as provide agent with a copy of Buyer’s photo I.D.
Removal must be completed on or before the times referenced or buyer will default the terms of sale and property/merchandise will be resold by federal government agency. Property/merchandise must be removed from the storage location stated in each lot description. BUYER AND VENDOR MUST SIGN PROPERTY/MERCHANDISE RELEASE DOCUMENT AND SUBMIT TO COPY TO CWSAMS/Amentum AS PROOF OF DELIVERY TO BUYER. STORAGE ARRANGEMENTS AFTER REMOVAL DATES ABOVE ARE SOLELY BETWEEN THE BUYER AND VENDOR AND TERMS SHOULD BE DETERMINED PRIOR TO THE FINAL REMOVAL DATE. NO EXTENSIONS FOR PROPERTY/MERCHANDISE RELEASE.
EXPORT ONLY INFORMATION: Any property listed in the sales catalog “Export Only” may not be entered into the commerce of the United States and must be exported. EXPORT ONLY ITEMS MUST LEAVE THE UNITED STATES DIRECTLY FROM THE STORAGE FACILITY. NODIVERSIONS ALLOWED. Removal for property designated EXPORT ONLY requires that the buyer or the buyer’s agent present a properly executed exportation document form 7512 in addition to the above noted release documents at the time of removal. It is the buyer’s responsibility to be aware of export/import laws and restrictions for any particular country they intend to ship property to.
It is highly recommm ended that participants research the exportation process prior to bidding. Please go to http://www.cbp.gov/trade/basic-import-export for CBP export information. To locate a broker to assist in the process click the link below, choose a state, then a Port Name, and finally the “Brokers” link for that particular port http://www.cbp.gov/contact/ports. CWSAMS/Amentum is prohibited from providing Export Documents or assistance with the exportation of any lots.
State Sales Tax: The auction company will not collect any tax for lots in this sale. Buyers are responsible for all applicable taxes imposed by any county, state, country or political subdivision. For information on taxes check with the appropriate state franchise tax board or other authority.
Default: Failure to make required payments or property/merchandise removal within time specified shall be deemed forfeiture of any right, title and interest buyer may have acquired in the property/merchandise. Said property/merchandise shall revert and repossess to the United States Government without further notice to the buyer and will result in any monies paid being forfeited and the transaction shall be null and void as to buyer.
Addition or Deletion from Sale: CWSAMS/Amentum reserves the right to withdraw from sale any of the items listed, to sell at this auction items not listed, and to group or subdivide lots. CWSAMS/Amentum reserves the right to sell all of the items listed in bulk, whenever the best interests of the U.S. Government will be served.
Additional Information:
Disputes & Rebids: The CWSAMS/Amentum Sale Manager's decision is final in settling disputes. A bidder's retraction does not revive any previous bid.
Announcements / Additional Information: Announcements/email communications made during the sale process shall take precedence over previous information pertinent to that property/merchandise. Announcements do not alter in any way the basic terms and conditions of sale. In order to comply with the Electronic Freedom of Information Act Amendments of 1996 (5 U.S.C. 552 (2000)), bid results will be published on a Government-designated website and will include the following: lot number, lot description, purchase price, and successful bidder's name.
Additional Terms & Conditions: The preceding contains only selected Terms and Conditions of Sale. Complete Terms and Conditions may be reviewed below.
