government restrictions

Any given item may be subject to one or more types of government regulatory restriction.  Part of this stems from the fact that we purchase items from government surplus auctions that are subject to the regulatory statement in gray background below.  Some of the items we have are labeled as restricted for sale only to parties that meet specific qualifications. Other restrictions are based on the type of item, known intended use, buying and using entities and countries of import & final destination

International sales present the greatest regulatory restrictions. Any item is subject to export restriction to any government, organization or person that the US Department of Homeland Security has decided they don't like.  Any item over $2500 selling price is subject to greater scrutiny than lesser items.  Any item that can be construed as being of technological, military or terrorist significance is subject to restriction at any value.  Any time any DHS staff member gets a hair up their whatever for any reason, they can throw us in prison with out any material cause or provocation. Any transaction that might fall under these restrictions, requires research in an attempt to find any potential problems on a specific case-by case basis.  This is costly and time consuming for us to do with no assurance of being right.  In most cases, it will be turned over to an export broker.

Most countries also have their own import restrictions.  Some of these restrictions are really unique on a country-by-country basis.  It is the sole responsibility of the buyer to insure that there are no restrictions or prohibitions on bringing any given item into the country of import or final destination.  Failure in this regard could result in the buyer loosing the item to his countries customs, financial penalty, imprisonment, or worse.

PRE-SALE OF GOVERNMENT PROPERTY DISCLOSURE STATEMENT

By bidding on and purchasing any item with listing linkage to this statement, the bidder/buyer agrees  to comply with the following sale requirements:

All property is sold as a salvage item, as is, without warranty expressed or implied as to the use or safety of the product and the buyer, for himself, his heirs, executors, administrators and assignees agrees to indemnify and save harmless sellers, including cavlon99, Bentley's Auction Services, KSL Services, The United States of America, U.S. Department of Energy (DOE), and its other cost-type contractors operating a Los Alamos, New Mexico, including but not limited to the University of California and their agents and employees, from any and all claims, demands, liability, actions or causes of action arising out of or in anyway connected with the use or handling of all property by anyone whomsoever (even if predicated upon the negligence of the above mentioned indemnities) and further agree to pay all attorney's fees, costs and expenses incurred in payment amount claimed, defending against the amount claimed and satisfying any judgment that may be rendered in connection therewith. 

If the bidder/buyer is an employee of the US DOE or any of its contractors, you hereby represent that you: (a) have not participated in the seller's determination to dispose of the property, (b) have not participated in the preparation of the materials for sale, and have not participated in determining the method of sale.

All bidders/buyers herby certify that they have not acquired information not otherwise available to the general public regarding usage, condition, quality or value of the property.

Personal property purchased from the U. S. Government may or may not be authorized for export from the United States.  If export is allowed, the purchaser is solely responsible for obtaining required clearances, approvals and/or licenses.  the purchaser is also required to pass on DOE's export control guidance if the property is resold or otherwise disposed.  The required DOE export control guidance is as follows:

The use, disposition, export and re-export of this property are subject to all applicable U.S. laws and regulations, including the Atomic Energy Act of 1954, as amended; the Arms Export Control Act (22 U.S.C. 2751 et seq.); the Export Administration Act of 1979 (560 U.S.C. Apended 2401 et seq.); Assistance to Foreign Atomic Energy Activities (10 CFR part 110); International Traffic in Arms Regulations (22 CFR parts 120 et seq.); Export Administration Regulations (15 CFR part 730 et seq.); Foreign Assets Control Regulations (31 CFR parts 500 et seq.); and the Espionage Act (37 U.S.C. 791 et seq.) which, among other things, prohibit:

(a) The making of false statement and concealment of any material information regarding the use or disposition, export or re-export of the property; and

(b) any use or disposition, export or re-export of the property which is not authorized in accordance with the provisions of this agreement.

 

Sale of LANL/KSL Services Surplus/Salvage Property Rules

By bidding on and purchasing any item with listing link to this statement, bidder/buyer understands and agrees to comply with the following sale and resale requirements:

1) All property is sold as a salvage item, as is, without warranty expressed or implied as to the use or safety of the product and the buyer, for himself, his heirs, executors, administrators and assignees agrees to indemnify and save harmless sellers, including cavlon99, Bentley's Auction Services, KSL Services, The United States of America, U.S. Department of Energy (DOE), and its other cost-type contractors operating a Los Alamos, New Mexico, including but not limited to the University of California and their agents and employees, from any and all claims, demands, liability, actions or causes of action arising out of or in anyway connected with the use or handling of all property by anyone whomsoever (even if predicated upon the negligence of the above mentioned indemnities) and further agree to pay all attorney's fees, costs and expenses incurred in payment amount claimed, defending against the amount claimed and satisfying any judgment that may be rendered in connection therewith. 

2) If the bidder/buyer is an employee of the U.S. DOE or any of its cost-type contractors, he hereby represents the he a) has not participated in the seller's determination to dispose of the property, b) has not participated in the preparation of the material for sale, c) has not participated in determining the method of sale, d) has not acquired information not other wise available to the general public regarding usage, condition quality, or value of the property

3) The use, disposition, export and re-export of this property are subject to all applicable U.S. laws and regulations, including the Atomic Energy Act of 1954, as amended; the Arms Export Control Act (22 U.S.C. 2751 et seq.); the Export Administration Act of 1979 (560 U.S.C. Appended 2401 et seq.); Assistance to Foreign Atomic Energy Activities (10 CFR part 810); Export and Import of Nuclear Equipment and Material (10 CFR part 110); International Traffic in Arms Regulations (22 CFR parts 120 et seq.); Export Administration Regulations (15 CFR part 730 et seq.); Foreign Assets Control Regulations (31 CFR parts 500 et seq.); and the Espionage Act (37 U.S.C. 791 et seq.) which, among other things, prohibit:

(a) The making of false statement and concealment of any material information regarding the use or disposition, export or re-export of the property; and

(b) any use or disposition, export or re-export of the property which is not authorized in accordance with the provisions of this agreement.

 

NOTE:  This statement must accompany the transfer or resale of this property.

In any case or event that we learn there is a restriction or prohibition, the buyer will be solely responsible for finding a legal solution.  If the transaction has to be canceled, the buyer will not be reimbursed for any costs we have incurred to that point.

 

CAVLON Assoc.

Industrial/Laboratory Equipment & Parts used and surplus

"If you are looking for something you figure is not available, we just might have it."

www.cavlon.com

cavlon@nmia.com

3/5/08

 

 


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