1. CONDITION OF PROPERTY:
A. All sale items are sold "as is and where is". It is the bidder's responsibility to personally view the items upon which he/she bids and assure him/herself as to its condition and as to its meeting the bid description. The County makes no warranty, either expressed or implied as to the condition of the property being sold or its fitness for use or merchantability. The Buyer is not entitled to any payment for loss of profit or any other money damages - special, direct, indirect, or consequential.
B. Inspection. All items offered for sale are used and may contain defects not immediately detectable. Bidders may inspect the property prior to bidding. Bidders must adhere to the inspection dates and times indicated in the item description or contact the person listed to schedule an inspection.
C. The County of Sacramento does not warrant conformity of vehicles to the requirements of the California Vehicle Code.
D. The County of Sacramento does not warrant conformity of mobile homes to the requirements of the California Housing and Community Development Code.
E. Pursuant to California Vehicle Code 24007.5 notice is given that all buyers of vehicles must obtain a certificate of compliance for smog control devices prior to registration. The document certifies the vehicle complies with applicable Health and Safety Code requirements. Purchases by dealers and vehicles sold for dismantling or for exclusive off-highway use are exempt from this requirement.
A. The County of Sacramento reserves the right: (1) to withdraw any item from the sale; (2) to award bids received on the basis of individual items, or groups of items, or on the entire list of items; (3) to reject any or all bids, or any part thereof; (4) to waive any informality in the bids; and (5) to accept the bid that is in the best interest of the County. The County's decision shall be final.
B. County employees may bid except as prohibited by Section 2.56.150 of the Sacramento County Code: No County employee responsible for the declaration or sale of the surplus property item, or the subordinate of those persons, shall either directly or indirectly submit a bid or purchase such property.
C. Successful bidders will receive a Notice of Award by email from PublicSurplus.com.
3. PAYMENT AND REMOVAL OF PROPERTY (ALL ITEMS)
A. Payment. PayMac collects all payments for the County of Sacramento. Payment for an awarded item must be received within 5 business days of close of auction. Payment must be made online by credit card or direct deposit only.
If you choose to pay with a credit card please follow the instructions below. The credit card limit per transaction is $4,000.00. For payments larger than this amount follow the instructions listed under Wire Transfers.
B. Payment by Credit Card. Login to the Public Surplus site. Click on "My Stuff" and then click on "Past Bids". Click on the description of the auction and then click on "Pay Online" link located on the right hand side of the screen. Follow the steps to complete the transaction. A receipt will be emailed to you once the payment has cleared. We accept all major credit cards.
C. Partial Payment. Partial payments of an auction are NOT allowed. All auctions must be paid in full per payment process used per auction. For Example: You WILL NOT be able to pay partially for an auction by Credit Card and pay the remainder by another payment method such as a wire transfer.
D. Wire Transfers:
For payments over $4,000.00, a Wire Transfer is required. If you need to do a wire transfer, please email support at email@example.com asking for wire instructions or request the instructions via live chat. These instructions will be emailed to you. Please follow them exactly to allow for prompt payment.
Public Surplus will notify you upon receipt of payment. You may then contact the responsible party listed for that item and arrange for a mutually convenient pick-up time. You must bring the payment receipt or the auction item(s) will not be released to you.
E. Bid Deposits. County of Sacramento may require bid deposits in order to ensure fairness and equity to all buyers as a way to decrease default bidding. The deposit will be reversed if no default occurs or the bidder does not win the auction. Public Surplus will collect and retain the deposit if there is a default by the winning bidder.
F. Buyer's Premium: A 9.5% Buyer Premium shall be added to the final sale price with a $1 minimum charge per auction to collect payment.
G. State/Local Sales and/or Use Tax. County of Sacramento will collect sales tax, on non-vehicles if applicable, unless the buyer has provided a valid tax-exempt certificate to County of Sacramento prior to payment.
H. Special Moving Permits will not be provided.
I. The successful bidder shall pay any balance due on his/her bid within five (5) working days after notification of acceptance of his/her bid. Failure to pay shall constitute an abandonment of his/her bid and all rights thereunder, and the next-highest bidder shall then be notified of bid acceptance.
J. If the successful bidder does not remove his/her property within nine (9) working days after award notification, a storage charge of $10.00 per day per item shall be charged until item(s) are removed.
K. Property shall be removed at the cost and expense of the successful bidder.
L. If the items are not removed within 30 days for any reason whatsoever, it shall again become the property of the County of Sacramento, to be disposed of as it sees fit.
M. In the event of a default or a failure to perform the terms and conditions of this agreement after delivery of the Bill of Sale to purchaser, the County of Sacramento may, at its discretion, advertise for other bids and resell the property for the account of the original successful bidder and out of the proceeds of said sale retain a sufficient amount to pay the difference between the original bid price and the second bid price, if any, together with all reasonable cost, charges and expenses incurred in so doing.
N. Extension of time may be granted to cover unforeseen difficulties upon written application to the County of Sacramento.
4. Diesel Powered Vehicles (over 14,000 GVW). Recent changes to California law and codes will have direct impact on registration and use of diesel powered, on-road vehicles over 14,000 lbs Gross Vehicle Weight. The key regulations/codes are California Code of Regulations, Title 13. Motor Vehicles, Division 3. Air Resources Board Chapter 1, Article 4. Diesel Particulate Control Measures sections 2020 through section 2023.4 In effect the new regulations state that diesel powered, on-road vehicles may not be placed into service in California unless the engine is retrofit to compliance or is replaced with a compliant engine. Further, unless retrofit or re-powered, registration in California will not be permitted after January 1, 2008.
5. Diesel Off-Road Vehicles. When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Off-Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board (CARB) website at: http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm
6. Default. Default shall include (1) failure to observe these terms and conditions; (2) failure to purchase any item won by the bidder in any bid; (3) failure to make good and timely payment; or (3) failure to remove all items within the specified time. Default will result in termination of the contract and suspension from participation in all future sales. If the Buyer fails in the performance of their obligations, County of Sacramento may exercise such rights and may pursue such remedies as are provided by law.
7. Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees that they have read, fully understand and accept these Terms and Conditions of Online Sales, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified.