For sale is a 2007 Dodge Durango. The vehicle has been maintained and serviced by our Fleet Department. The vehicle does not have any accidents. The vehicle is SOLD AS IS.
When purchasing this vehicle, buyer must pick up vehicle from Corona, CA 92880. Deposit must be made within 48 hours of the end of auction. The remaining payment must be cleared before pick up of vehicle is scheduled. A money order or cashier's check will be accepted. Please let us know if you have any questions. By BIDDING ON THE VEHICLE, “YOU understand, acknowledge and agree to the following TERMS:
The term “City” shall mean the City of Corona. The term “Recipient Releasors” shall mean the Recipient and its officials, officers, employees, agents, volunteers, successors and assigns, including the Recipient Representative. The term “City Releasees” shall mean the City of Corona and its officials, officers, employees, agents, volunteers, successors and assigns.
As consideration for its receipt of the Surplus Property, the Recipient, on behalf of itself and the Recipient Releasors, hereby releases, waives, discharges, and covenants not to sue the City Releasees from and for any and all liability for any loss or damage to the Recipient, the Recipient Releasors, the Surplus Property or any other property or person, including third parties, and from and for any claims or demands related to any loss, damage, cost or injury, including wrongful death, to any property or persons, including without limitation the person or property of the Recipient, the Recipient Releasors or any other person or third party, whether directly or indirectly caused by any known or unknown act, omission or willful conduct of the Recipient, the Recipient Releasors, the City, the City Releasees, or any other person or third party which is in any way related to the receipt, use, maintenance or ownership of the Surplus Property.
AS CONSIDERATION FOR ITS RECEIPT OF THE SURPLUS PROPERTY, THE RECIPIENT, ON BEHALF OF ITSELF AND THE RECIPIENT RELEASORS, HEREBY ACCEPTS ALL RISKS (KNOWN OR UNKNOWN) which are in any way related to the receipt, use, maintenance or ownership of the Surplus Property.
THE RECIPIENT, ON BEHALF OF ITSELF AND THE RECIPIENT RELEASORS, ACKNOWLEDGES that all warranties which may have existed for the Surplus Property, including, but not limited to, the manufacturer’s warranty, may have expired or may not be transferable to Recipient, and that the City makes no representation, warranty, guarantee or pledge that any such warranties have not expired or may be transferable to, or usable by, Recipient.
THE RECIPIENT, ON BEHALF OF ITSELF AND THE RECIPIENT RELEASORS, ACKNOWLEDGES that the Surplus Property has deteriorated over time, that the Recipient accepts the Surplus Property as-is and with all risks inherent in the receipt, use, maintenance or ownership of the Surplus Property, and that the City makes no representation, warranty, guarantee or pledge that the Surplus Property will be effective, safe or useful in any way.
AS CONSIDERATION FOR ITS RECEIPT OF THE SURPLUS PROPERTY, THE RECIPIENT, ON BEHALF OF ITSELF AND THE RECIPIENT RELEASORS, HEREBY AGREES TO DEFEND, INDEMNIFY AND SAVE AND HOLD FREE AND HARMLESS City Releasees from any and all liability from loss, damage, cost or injury, including wrongful death, to any property or persons, including third parties, in any manner arising out of or incident to any acts, omissions or willful misconduct in any way related to the receipt, use, maintenance or ownership of the Surplus Property, including without limitation the payment of attorneys' fees. The Recipient shall defend at its own expense, including attorneys' fees, the City Releasees in any action or proceeding, legal, administrative or otherwise, based upon such acts, omissions or willful misconduct.
THE RECIPIENT, ON BEHALF OF ITSELF AND THE RECIPIENT RELEASORS, ACKNOWLEDGES that these TERMS are intended to be, and shall be, interpreted and applied as broad and inclusive as is permitted by federal, state and local laws, rules and regulations, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
THE RECIPIENT REPRESENTATIVE REPRESENTS that he or she is age eighteen (18) or older, has the full power and authority to execute these TERMS on behalf of the Recipient and to thereby bind the Recipient as provided for herein, and that all procedural or substantive steps necessary to obtain the authorization of the governing board of the Recipient have lawfully occurred.
THE RECIPIENT REPRESENTATIVE HAS READ, UNDERSTANDS AND VOLUNTARILY AGREES TO THE CONDITIONS STATED, and makes the following additional representations: (1) these TERMS shall be binding upon the Recipient Representative, the Recipient and the Recipient Releasors; (2) valuable legal rights are being given up by executing these TERMS; (3) the advice of an attorney can be sought before executing these TERMS; and (4) these TERMS are agreed upon of free will and no written or oral representations, statements or inducements, apart from the foregoing written provisions, have been made to induce Recipient Representative to execute these TERMS. RECIPIENTS REPRESENTATIVE must provide a printed original copy of the signed TERMS forms (as provided by the City of Corona) upon pick up of the vehicle. |
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