No Warranties

The property offered for sale is provided “AS-IS” with all faults, and without warranty of any kind. The County of Kern makes no representations or warranties of any kind whatsoever, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, condition, quality, quantity, usability, safety, structural integrity, or compliance with any federal, state, or local laws, regulations, codes, or ordinances.

Buyer acknowledges that the County has made no guarantees regarding the condition of the property, and that Buyer has relied solely on Buyer’s own inspection, investigation, and judgment in submitting a bid. No statement or description made by the County or its representatives shall be construed as a warranty or representation.

Insurance Requirement

The successful bidder (“Buyer”) shall, at Buyer’s sole cost and expense, obtain and maintain the following insurance:

Commercial General Liability insurance covering Personal Injury (including bodily injury and death) and Property Damage with coverage equal to the policy limits, which shall be at least ONE MILLION DOLLARS ($1,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) in the aggregate. The Commercial General Liability Policy shall name County, and County’s board members, officials, officers, agents and employees as Additional Insureds.

Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles entering County property with coverage equal to the policy limits, which shall be at least ONE MILLION DOLLARS ($1,000,000) each accident.

In the event Buyer has employees or volunteers who may perform work on County property, Buyer shall submit written proof that Buyer is insured against liability for Workers’ Compensation in accordance with the provisions of section 3700 of the California Labor Code. Buyer shall also maintain Employer’s Liability insurance with limits of ONE MILLION DOLLARS ($1,000,000) for bodily injury or disease.

All insurance afforded by Buyer shall be primary to and not contributing to all insurance or self-insurance maintained by the County. An endorsement shall be provided on all policies, which shall waive any right of recovery (waiver of subrogation) against the County.

Proof of insurance in the form of a Certificate of Insurance and all required endorsements must be submitted to the County for review and written approval prior to any entry onto County property, including but not limited to inspection, deconstruction, loading, or removal activities. Buyer shall not be permitted access to County property until such approval has been granted by the County.

Assumption of Risk; Release of Liability

Buyer acknowledges that entry onto County property and the deconstruction, loading, and removal of the item may involve hazardous conditions. Buyer voluntarily assumes all risks of loss, damage, injury, or death to persons or property arising out of or related to Buyer’s presence on County property or performance of any work related to the auctioned item.

The County of Kern, its officers, officials, employees, and agents shall not be responsible or liable for any accidents, incidents, injuries, damages, or losses of any kind occurring during Buyer’s access to County property.

Indemnification and Hold Harmless

To the fullest extent permitted by California law, Buyer agrees to indemnify, defend, and hold harmless the County of Kern, its officers, officials, employees, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses of any kind or nature whatsoever (including attorney’s fees and staff time) arising out of or related to Buyer’s access to County property or Buyer’s deconstruction, loading, or removal activities.