1.      General: Surplus property items are offered for sale by the Fresno County Fire Protection District ("District"), a California Special District, governed by the Fire Protection District Law of 1987 (California Health and Safety Code 13800 et seq. the "Act")

2.      Eligibility: A buyer must be a minimum of 18 years old and legally able to form binding contracts as a bidder.  Minimum bid of $30,000 is required. 

3.  Viewing: Property can be viewed by appointment only. Contact Brian Newlin at 493-4300 to schedule a viewing.

4.      Inspection: The responsibility to determine the condition of the property rests solely with the bidder. Prospective bidders are encouraged to inspect the property prior to bidding, and to place bids based solely on their personal inspection and evaluation. Prospective bidders will not be allowed to test, operate or disassemble any item featured in an auction.

5.      Warranty: All equipment and improvements will be sold "as is", "where is", and "with all faults, if any". The District disclaims all warranties or guarantees, expressed or implied, as to the condition, quality, completeness or fitness for any particular or general purpose or compliance to safety regulations of the equipment being sold. Descriptions of items appearing in the Fresno Bee are believed to be correct. However, neither those descriptions, nor any oral statements made concerning any item, shall be considered as a warranty, expressed or implied.

THE DISTRICT OFFERS NO GUARANTEES OR WARRANTIES. DETERMINATION OF CONDITION, FUNCTION, AND PERCEIVED OR ASSUMED VALUE IS THE SOLE RESPONSIBILTY OF THE BUYER.

6.  Ownership: The District reserves the right to refuse any bid for any reason.  At the end of the auction, the highest bidder has entered into a binding contract with the District, and is obligated to pay the price bid. Placing the winning bid but not paying for the product, is illegal in most states, and may result in prosecution. The winning bid cannot be retracted unless due to a fault of the District, for example, typographical or other error.

Awarded items must be removed from the District's premises within 180 days of the close of auction. However, no property may be claimed or removed prior to making full payment. If unclaimed by winning bidders, the District reserves the right to re-auction or award the item to the next highest bidder.

Bidders that fail to claim and pay for auction item(s) within the 5th business day after the close of the auction shall forfeit their rights to the auction item, and be declared as a default bidder. The District may ban a default bidder from participating in future online auction events. If one item goes into default, all items won by the bidder go into default and are subject to resale. Bidders should verify winning status before traveling to the District location.

7.  Payments: Payment for an awarded item must be made by cashier's check, money order, or personal check drawn on local area banks made payable to the Fresno County Fire Protection District, and brought to 210 S. Academy Ave. Sanger, CA. 93657, All sales are final and may be subject to the applicable sales tax rates, currently at .08975%, unless the buyer provides a valid tax-exempt certificate at the time of payment. Payments will be accepted from 8:30 a.m. to 11:30 a.m. and 12:30 p.m. to 4:30 p.m., Monday through Friday Pacific Time.

8.      Indemnification: Buyers agree to indemnify and hold harmless the District for any and all damages, claims, or liability of any nature or kind in the sale of, or the buyer's use of, the property. The buyer, its predecessors, successors and assigns hereby release, relinquish and discharge the District, its former, present and future agents, employees, officers, elected officials and legal representatives (collectively know as "the District ") from any liability arising out of the sale and/or concurrent negligence of the District for any injury, including death or damage to persons or property, where such damage is sustained in connection with, or arising out of, the sale or removal of District-owned property.

9.       Reproduction of Auction Materials and Resale of Items Listed: Bidders may reproduce or copy images, photographs, or descriptions of property listed on the web site for personal use only. Bidders and website users may not reproduce, display, or broadcast online auction materials by any means, or by using any media, without the express written permission of the District. The District reserves the right to disallow participation in the auction by any website user or bidders at any time for violating applicable laws, ordinances, terms and conditions listed here, or for activity deemed unacceptable by the District. Before paying for and taking possession of the items listed for sale by the District, successful bidders and website users shall not post or list the same items for sale by any other means. Please be advised that the District auction staff reports suspected fraud or criminal activity to the proper authorities.

10.  Privacy: The District gathers information from bidders so that it will know who has won an auction item. Personal information is not sold or rented. Personal information is used for the purpose of conducting auctions and not used for any other purpose.

11.  Applicable Law and Venue: Although this site may be accessed from any state, bidders who participate in this auction agree that the laws of the State of California shall govern all matters relating to the use of this auction and purchase of items listed by the District on this site without reference to its conflicts of law as though entered into between California residents and to be performed entirely within the State of California, and District and bidders, buyers and website users consent to jurisdiction and venue in the state court sitting in the State of California in Fresno County, and in the United States District Court for the Northern District of California.

Brian Newlin

Battalion Chief

Fresno County Fire Protection District

Phone: 559-493-4300

E-Fax: 559-875-6731

E-Mail: Brian.Newlin@fire.ca.gov

SEALED BID

For the purchase of improvements to real property, a 3,500 + or – Sq. Ft. residential

structure to be moved at my own expense, I __________________________ place a

                                                                                        Print Name

bid of $___________________ to be paid within Five (5) business days after

                          Amount you are bidding

notification of successful bid by District.  I understand that permits to move the house

must be submitted to the Fresno County Department of Public Works and Planning

within 45 days of notice of successful bid. I also understand and accept the

responsibility of moving the house from District Property within 120 days of notice of

successful bid.

Signed: _________________________________________

                            Signature of person submitting the bid