L.A. County Online Auction: Terms & Conditions

Terms

General Auction Questions: Email registration@cwsams.com, or call 855-463-3183 opt. 1

Technical Difficulties: Email service@cwsmarketing.com or call 855-463-3183 opt. 1

Please Note: 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.

Eligibility of Bidders: Bidders warrant that they are not an employee of the County of Los
Angeles Treasurer and Tax Collector, the Public Administrator or CWS Marketing group, or in
any way disqualified to participate in today’s auction per any written or oral terms and conditions
or LA County policies.

Online Bidding: Bidding on all lots in this auction will take place online at cwsmarketing.com

Buyers Premium: A 15% Buyer’s Premium will be added to the total of all purchases

Final Payment: Within 48 hours of the close of auction by credit card or bank wire only. A
payment invoice, which will include an online payment link, will be emailed to your email
address on file following the close of the entire auction. Buyer agrees that they will not issue
credit card chargebacks for auction items purchased.

Payment Forms: Acceptable forms of payment are credit card and bank wire. VISA,
MASTERCARD, AMERICAN EXPRESS and DISCOVER credit cards are accepted. U.S. funds
only. Cashier’s checks, personal checks, bank letters, debit cards or letters of credit are not
accepted. ALL CREDIT CARD RECEIPTS MUST BE IN THE NAME OF THE REGISTERED
BIDDER. Credit cards issued to a buyer’s spouse will not be accepted for use by the buyer for
payment. Any wire transfer fees are the responsibility of Buyer.

Refunds: CWS makes no refunds, adjustments, or returns. All purchases are final (See
Condition & Description below).

State Sales Tax: Buyers are responsible for all applicable sales tax. Sales tax in the amount of
9.5% is paid at the time of Final Payment. Buyers of coin lots with an invoice totaling $1,500 or
more are exempt from paying sales tax. Only buyers with valid resale licenses on file will be
exempt from paying sales tax. For information on taxes, check with the appropriate state
franchise tax board.

Inspection: When a live preview is available, the bidder is invited, urged, and cautioned to
inspect the property prior to submitting a bid. Failure to inspect property shall not constitute
cause for cancellation of sale or refund of purchased items. Property/merchandise is available
for inspection only at places and times specified by CWS. CWS may, at its discretion, provide
photographs, samples, or a video presentation during the sale 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 or videos. CWS makes no warranty in relation to the information provided.

Condition & Description: Bidders may obtain additional information by attending the live
preview, if available, and visually inspecting the property. Buyer acknowledges that he/she
relied entirely on his/her own information, judgment, and inspection of the property.

The buyer understands and agrees; (1) that any description or sample of the
property/merchandise given or furnished by CWS 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; and (3) that the
property/merchandise is purchased and accepted by buyer “AS IS,” and “WITH ALL FAULTS.”

CWS MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN,
ORAL, OR IMPLIED AS TO QUALITY, QUANTITY, CONDITION, USABILITY, SALABILITY,
WEIGHT, MEASUREMENTS, OR OTHER SPECIFICATIONS. Lot numbers are for
administrative purposes only and are not intended to describe the property/merchandise. Sale
of property will not be cancelled due to bidder misunderstanding, failure to pay attention to the
bidding, or inability or failure to inspect property. All sales are final.

CWS and the Seller do not warrant the condition, quality, or merchantability of the property or its
fitness for any use or purpose. The condition of items offered varies from “NEW” to “SALVAGE”,
which final determination is to be made by the Purchaser prior to purchase. The Purchaser
understands and agrees that all property is purchased and accepted “AS IS, WHERE IS” and
“WITH ALL FAULTS.”

CWS will make the final determination regarding all inquiries/disputes. The amount of any
recovery is limited to and not to exceed, the purchase price of the property. The Purchaser is
not entitled to any payment for loss of profit or any other money damages, including special,
direct, indirect, incidental, or consequential. For Purchasers claiming recovery, no refund will be
made unless the Purchaser: a) Submits a written notice to CWS within 30 calendar days of the
date of removal that explains in what manner the property was inaccurately described. b) If the
CWS determines there was a misrepresentation of any particular lot, then a partial or full refund
of the money received will be returned, at the sole discretion of CWS. If a misrepresentation is
determined before removal of the property, the property will remain with CWS and a full refund
will be made. If a misdescription is determined after removal, CWS will refund the amount
agreed upon if the Purchaser takes the property at his/her expense to a location specified by
CWS. The Purchaser must maintain the property in the same condition as when removed.

Lot Descriptions, Estimates & Warranties:
CWS make every effort to describe items being auctioned accurately, however, written and oral descriptions should in no way be considered a guarantee or accurate. Any estimates listed with auction items are solely based upon an approximation of the range within which an item may be sold, as determined by CWS Marketing, and in no way represents the value or selling price of those items. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items, or that you have chosen not to examine them. We encourage in-person inspection as well as questions or requests for additional information or images. CWS will not be held responsible for any errors or omissions pertaining to items listed in the catalog. It is the ole responsibility of the bidder to inspect an item prior to bidding to determine size, condition, authenticity and whether there has been restoration or repair. All items are sold as-is, where-is without warranty.

Placing a Bid:
All bids placed are Max Bids. The system will enter the next bid increment and enter
your bid as a maximum bid.
Example: current bid: $5000, bid increment: $500, bidder enters $10000
– system enters $5500 (Max $10000)
Exception: If the bidder enters a bid equal or above the reserve amount, then the
system observes the reserve amount as the next increment.

Tie Bid:
In the case of a tie bid, precedence is given to the earliest bid.

Auction Soft Close:
If a lot receives a bid within the last 1 min. It will remain open for an additional 1 min.

  • If any further bidding occurs, the extension timer will reset to 1 min.
  • If no further bidding activity occurs, the lot closes when the timer runs
    out. Bidders are urged and cautioned not to wait until the final seconds of the
    auction to place bids. Bids not recognized by the auction software when the time
    expires will not be accepted.
  • Note: If a bid is recognized by the auction software during the final seconds, the
    screen may display “00.00” in time left. It can take several seconds for the clock
    to reset, possibly longer. The bid will trigger an extension on the lot and 1
    minutes will be added.

Removal:

In-Person Property Removal by Appointment Only:

  • Removal is by appointment only. No admission will be allowed without an appointment.
  • In-person removal appointments will be made using the appointment scheduling link
    emailed to you once payment has been made.
  • Removal is the three business days following the auction, unless otherwise noted.
  • Buyers may send an agent/shipping company to pick up property on Buyer’s behalf. The
    agent/shipping company must possess the following to pick up property:

    • Copy of Buyer’s Property Release, which is sent to buyer following payment
    • Release Authorization signed by Buyer
  • Property Location: Los Angeles County Public Administrator Warehouse, 16610 East
    Chestnut Street, City of Industry, CA 91748

Shipping:

  • CWS Shipping:
    • CWS does ship most items. For property designated as “Local Pick-Up Only or
      for larger items, buyers must utilize third party shipping or transport companies
      for removal.
    • Shipping requests through CWS are made through the “Request Shipping” link
      emailed to you once payment has been made.
    • Shipping is at the cost and liability of Buyer.
    • The cost of the shipping will be paid by the purchaser separate from their auction
      purchase, and prior to shipment.
    • The buyer will pay a materials and handling fee of a minimum of $10 per box, in addition to the
      cost of shipping. Special requests (if available) will be at an additional cost.
    • Shipping may not be available for all items, and additional fees may apply
      depending on size or weigh of property.
    • Please allow up to five days following the submission of the Shipping Request
      Form to be contacted regarding shipment of purchased lots.
  • Independent Shipping Companies:
    • Shipping is at the risk and liability of Buyer.
    • Shipping must be completed in the time frame for removal.
    • Buyers can arrange for shipping through a private shipping company, such as a
      UPS Store (smaller items) or uShip (larger items). Some buyers have utilized the following companies for shipping. Contact them directly to request a quote.
  • Buyer agrees to hold harmless CWS or Seller for items lost or damaged if shipped and
    will pursue any claims with the shipping company.

Post Auction Steps: Following are the basic steps once you are awarded a bid following the close of the auction.

  1. High-bid email sent to bidder.
  2. Final Payment email with instructions and payment link sent to buyer.
  3. Buyer to make final payment via credit card or bank wire transfer only within 48 hours of
    close of sale.
  4. Payment Receipt, Appointment/shipping links emailed to Buyer.
  5. Buyer makes appointment to pick-up property or have items shipped via the Appointment Scheduling or Shipping Links included in receipt email.
  6. For some purchases (autos, vessels, aircraft and other), Terms and appropriate sale documents emailed to buyer via DocuSign for signing and return to CWS within 24 hours
  7. For vehicles and vessels: Original title document will be mailed to buyer or picked up at removal (See Title Documents below)

Title: All property is offered on behalf of the Los Angeles County Public Administrator who has full authority to represent the estates represented and sell property.

Title will be conveyed to the successful registered bidder via the below documents. For a vehicle where the odometer reading is unknown, will be marked, “TMU” True Mileage Unknown. For information on Title Documents please contact CWS at LACountyAuction@cwsams.com, or by calling (855) 463-3183 opt. 3.

  • Vehicle & Vessel Titles: Buyers will receive a clear title via LA County and/or court
    issued documents. In absence of an original Title document, a Request for Duplicate
    Title will be utilized. Buyers will take title paperwork to their local Dept. of Motor Vehicles
    to obtain the title to the vehicle.
  • Aircraft: Buyers will receive clear title via LA County and/or Court documents and a FAA
    Bill of Sale, AC Form 8050-2.
  • Title documents will be put in the name of the registered bidder or company name only.
  • All fees, including past and current registration and smog fees, are the responsibility of the buyer.

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 County
of Los Angeles or the Auction Company 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. By signing the
bidder agreement, the bidder authorizes the auction company to charge the full amount of items
bid on to any credit card on file. The buyer further acknowledges that they will not contest any
such charges.

PUBLIC AUCTION OF VEHICLES

IMPORTANT NOTICE TO ALL BIDDERS

Any vehicles offered in this public auction are offered in an “as is, where is” condition. The
Government nor the auction company does not warrant the condition, quality, or merchantability
of the property, its fitness for any use or purpose, its ability to pass a safety inspection, or its
ability to pass a motor vehicle emissions test prior to registration.

Efforts have been taken to ensure that the vehicles offered for sale should be acceptable for
licensure, registration, and title action by the state department of motor vehicles; however,
despite all best efforts, some exceptions may arise. Therefore, the Government nor CWS make
no representations, promises, or warranties regarding these vehicles, and cannot guarantee
registration or title issuance by the Department of Motor Vehicles (DMV) for any vehicle.

Before you make any repairs to any vehicle purchased, you should take your sale documents
(invoice and/or SF-97) to the nearest DMV office, within ten (10) business days of receipt, to
verify that:

  • The vehicle is not in a “stolen” status.
  • The vehicle does not have a “salvage” classification.
  • The vehicle does not have a “junk” classification.
  • The vehicle does not have an “export” classification.
  • The vehicle has a legal Vehicle Identification Number (VIN).

If the DMV official informs you that the vehicle fits one or more of the above categories:

  • Ask for a copy of the documentation
  • Stop your registration process and do not pay any fees
  • Do not initiate any repair or maintenance actions
  • Notify CWS at registration@cwsams.com for instructions on the return of the vehicle
  • Comply with instructions provided and submit a request for refund of sale price.

Buyers of vehicles that are to be exported to Mexico are encouraged to administratively verify
the vehicle status with the appropriate Mexican authority before taking the vehicle over the
border.

Upon verification of the DMV status and approval of the Government, a refund action will be
initiated to return your purchase price.

NO REIMBURSEMENT FOR REPAIRS, UPGRADES, OR ENHANCEMENTS TO THE
VEHICLE WILL BE CONSIDERED IF BUYER FAILS TO COMPLY WITH THE ABOVE
VERIFICATION PROCESS.

Reserve: The Los Angeles County Public Administrator reserves the right to accept or reject
any and all bids. Property/merchandise is offered subject to acceptance of the seller. ALL HIGH
BIDS ARE CONTINGENT UPON LOS ANGELES COUNTY APPROVAL.

Addition or Deletion from Sale: CWS 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. CWS reserves the
right to sell all of the items listed in bulk, whenever the best interests of the seller will be served.

Disputes & Rebids: The CWS Sale Manager’s decision is final in settling disputes. A bidder’s
retraction does not revive any previous bid.

Announcements: Announcements made during the online auction process shall take
precedence over previous information pertinent to that property/merchandise.

TREASURER AND TAX COLLECTOR
PUBLIC ADMINISTRATOR
TERMS AND CONDITIONS OF PUBLIC AUCTION SALE
PERSONAL PROPERTY

1. All articles of property are offered for sale pursuant to the provisions of the Probate Code of
the State of California.

2. All articles of property are offered for sale “As Is -Where Is”, without warranty or guarantee,
by the Auctioneer at the direction of the Public Administrator or Public Guardian of Los Angeles
County.

3. The Public Administrator and/or Public Guardian reserve the right to reject any and all bids or
to cancel the auction prior to the sale.

4. The sales are of all right, title, and interest of the deceased or conservatee, former
possessors thereof, and neither the Public Administrator, Public Guardian nor the Auctioneer is
responsible for any discrepancies in the description of articles offered for sale and make no
guarantee as to kind, grade, quantity, quality, value, salability, or otherwise. The Public
Administrator or the Public Guardian may, at their discretion, combine any items or like kind in
lots for sale by box or carton, whether separately inventoried or not.

5. The Public Administrator and the Public Guardian are not selling any cash, jewelry, stocks,
bonds, and similar items of value which may be concealed in any items sold at this public
auction. If a buyer finds any such item or items or stock certificates, bonds, deeds,
conveyances, contracts, notes, passbooks, or other writings which are evidence of title, interest,
or claim of the decedent or conservatee to any real or personal property, or any claim or
demand due the decedent or conservatee, or any will or testament of the decedent or
conservatee concealed in an article purchased, the buyer is obligated by law to immediately
deliver any and all such items or documents so found to the Public Administrator.

6. All buyers are required to register with the Auctioneer’s representative and will be issued a
numbered registration card upon payment of a $100.00 cash deposit which will be applied to
purchases or returned if no purchase is made. Bidders will be identified by this registration
number which should be maintained throughout the sale. An additional deposit may be required,
at the auctioneer’s discretion, as purchased are made.

7. All bidders are expected to not have any special knowledge or insider information regarding
the nature of the property here for sale today. If there are any registered bidders that are any of
the following, please return to the cashier office and identify yourself as you are not permitted to
bid at today’s auction:

  1. Currently an employee of the Los Angeles County Department of Treasurer and Tax
    Collector;
  2. An employee of a firm that currently provides services to the Public Administrator
    operation of the Los Angeles County Department of Treasurer and Tax Collector;
  3. In any way through a relationship with the County of Los Angeles have special or insider
    knowledge of the property.

8. Buyer agrees to pay the Auctioneer a premium of 15% of the purchase price.

9. Buyer agrees to pay the Auctioneer by cash, cashier’s/official bank check, or credit card. All
items must be paid in full and will be subject to sales tax unless the purchaser possesses a
Resale Certificate. Also, all items must be removed from the Public Administrator Warehouse on
the same day as the auction, unless special consideration is approved by the Public
Administrator.

Treasurer and Tax Collector
public Administrator Operations
Hall of Records
320 W. Temple Street, Ninth Floor
Los Angeles, California 90012

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