Terms & Conditions

U.S. MARSHAL’S SERVICE SALE

TERMS

  • Merchandise is being sold “AS IS, WHERE IS, WITHOUT WARRANTY.
  • All bids subject to acceptance of Government.
  • Certified funds for the amount of the winning bid must be delivered to Rudy Smith Service. Winning bidders will be contacted via email with instructions.
  • Vehicles conveyed by U.S. Standard Form 97 or Government Bill of Sale.

SPECIAL TERMS & CONDITIONS

  1. COMPREHENSIVE CRIME CONTROL ACT OF 1984

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 VIOLATIONS UNDER 18 USC SECTION 1962 OR 21 USC SECTION 841 ET SEQ. THIS IS ALSO APPLICABLE TO ANY PERSON(s) ACTING IN CONCERT WITH OR ON BEHALF OF THE DEFENDANT(s).  THEY MUST CERTIFY THEY ARE NOT ACTING IN CONCERT WITH OR ON BEHALF OF THE DEFENDANT(s).

  1. ACCEPTANCE OR REJECTION OF BID.

NOTICE BY THE GOVERNMENT OF ACCEPTANCE OR REJECTION OF A BID SHALL BE DEEMED TO HAVE BEEN SUFFICIENTLY GIVEN WHEN TELEGRAPHED OR MAILED TO THE BIDDER OR HIS/HER DULY AUTHORIZED REPRESENTATIVE AT THE ADDRESS INDICATED IN THE BID.  THE GOVERNMENT’S PROCESSING OF A BID DEPOSIT SHALL NOT, IN ITSELF, CONSTITUTE ACCEPTANCE OF A BIDDER’S OFFER.  THE GOVERNMENT RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR PORTIONS THEREOF.

  1. CONTRACT

THE OFFER TO PURCHASE TOGETHER WITH THE INVITATION FOR BID, WHEN ACCEPTED BY THE U.S. GOVERNMENT, SHALL CONSTITUTE AN AGREEMENT FOR SALE BETWEEN THE SUCCESSFUL BIDDER AND THE U.S. GOVERNMENT.  SUCH AGREEMENT SHALL CONSTITUTE THE WHOLE CONTRACT TO BE SUCCEEDED ONLY BY THE FORMAL INSTRUMENTS OF TRANSFER UNLESS MODIFIED IN WRITING AND SIGNED BY BOTH PARTIES.  NO ORAL STATEMENTS OF REPRESENTATION MADE BY, OR FOR, OR ON BEHALF OF EITHER PARTY SHALL BE PART OF SUCH CONTRACT.  THE CONTRACT, OR ANY INTEREST THEREIN, SHALL NOT BE TRANSFERRED TO OR ASSIGNED BY THE SUCCESSFUL BIDDER TO ANYONE ELSE WITHOUT CONSENT OF THE U.S. GOVERNMENT, AND ANY ASSIGNMENT TRANSACTION WITHOUT SUCH CONSENT SHALL BE NULL AND VOID.

  1. DEPARTMENT OF JUSTICE (USDOJ) EMPLOYEES AND CONTRACTORS.

NO USDOJ EMPLOYEES, USDOJ CONTRACTORS OR ANY PERSON ACTING ON THEIR BEHALF SHALL BE PERMITTED TO BID ON, PURCHASE, OR SHARE PART OF THE CONTRACT SALE OR TO ANY OTHER BENEFIT THAT MIGHT ARISE THERE FROM.

  1. DEFAULT

IN THE EVENT THE HIGH BIDDER FAILS TO CONSUMMATE THE TRANSACTION AT NO FAULT OF THE SELLER, THE U.S. GOVERNMENT MAY DEMAND SPECIFIC PERFORMACE OR SEEK DAMAGES.

 

PROPERTIES MAY BE ADDED OR WITHDRAWN AT ANYTIME.  ANNOUNCEMENTS MADE DURING AN AUCTION WILL TAKE PRECEDENCE OVER PREVIOUS INFORMATION PERTINENT TO SPECIFIC PROPERTY, THESE ANNOUNCEMENTS DO NOT ALTER IN ANY WAY THE WRITTEN BASIC AND SPECIAL TERMS AND CONDITIONS OF SALE.