Contract. An award of sale is a contract between the winning bidder and Summit
County Executive upon the terms and conditions set forth herein. Summit County
Executive may pursue all legal remedies allowed by law against any bidder who fails to
make payment for a winning bid.
Guarantee Waiver. All property is offered for sale as-is, where-is. Summit County
Executive makes no warranty, guaranty or representation of any kind, expressed or
implied, as to the condition, usability, value, merchantability, authenticity, or fitness for
any purpose of the property offered for sale. Some or all items may have been declared
unsafe in their present condition by a federal or state safety standard. Buyers should
inspect and, if necessary, repair/test all items prior to any use. Buyer is not entitled to
any payment for loss of profit or any other money damages, including but not limited to
special, direct, indirect, or consequential damages.
Description Warranty. Summit County Executive warrants to the Buyer that the
property offered for sale will conform to its description. Any claim for mis-description
must be made prior to removal of the property. If Summit County Executive confirms
that the property does not conform to the description, Summit County Executive will
keep the property and refund any money paid. The liability of Summit County
Executive shall not exceed the actual purchase price of the property. Please note that
upon removal of the property, all sales are final.
No Description Warranty. Summit County Executive is not responsible for any
omissions or errors in description of items being offered for sale. It shall be the bidder's
responsibility to inspect and satisfy him or herself as to the details and conditions of the
item offered before entering a bid. The Agency does not attest to the authenticity of any
Inspection. Most 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.
Indemnification. Bidder agrees for and on behalf of bidder, bidder's heirs, successors
and assigns that bidder shall indemnify and hold Summit County Executive harmless
from and against any claim, demand or cause of action arising or alleged to have arisen
out of the sale or failure to sell any item of surplus property including claims for personal
or bodily injury, death or contract damages.
Consideration of Bid. Summit County Executive reserves the right to reject any and all
bids and to withdraw from sale any of the items listed before a notice of award is
Reserve Requirement. If there is a reserve requirement and the reserve price is not met
by the close of bidding, Summit County Executive reserves the right to sell the auction
item to the next highest bidder, relist the item for auction, or otherwise dispose of the
item at Summit County Executive's discretion.
Notice of Award. Successful bidders will receive a Notice of Award by email from
Payment. Public Processing, LLC. a third-party payment processing company, receives
all payments for Summit County Executive. Payment for an awarded item must be
received within five (5) business days after the date of the Notice of Award of the
Payment may only be made online by credit card, or by wire transfer. NO CASH,
CHECKS, OR MONEY ORDERS WILL BE ACCEPTED. 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
Payment by Credit Card
Login to the Public Surplus site. Click on the My Stuff link and then click on the Past
Bids link. Click on the description of the auction and then click on the 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.
There will be NO partial payments allowed for an auction. All auctions must be paid in
full according to the specified payment process. For example, you WILL NOT be able to
partially pay for an auction by Credit Card and pay the remainder by another payment
method, such as a wire transfer. All credit card payments must be made using a single
For payments over $4,000.00, a Wire Transfer is required. If you need to do a wire
transfer, please email support at firstname.lastname@example.org and ask for wire
instructions or request the instructions via live chat. These instructions will be emailed to
you. Please follow them exactly to ensure prompt payment.
Pick-Up and Third Party Pick-Up Procedures
Upon receipt of payment, You will be notified by email sent to the address You
provided at registration with Publicsurplus.com. You may then contact Summit
County Executive and arrange for a mutually convenient pick-up time. You must
bring to the pick-up location (1) the Notice of Award, (2) the Paid Receipt and
(3) personal picture identification (such as a Driver License). You must present
all three identification items at the scheduled pick-up, or the auction item(s)
will not be released to you.
2. If you are picking up an item for someone else, you will need to bring the Notice
of Award and the Paid Receipt (photo copies are acceptable), plus a note from the
designated winning bidder specifically naming you as authorized representative,
along with your own personal picture identification. In addition, you must arrange
for the winning bidder to send an e-mail from the winning bidder e-mail address
used for the auction, stating that you are authorized to pick-up the item.
Shipping. We cannot ship any item(s). However, you may contact a local carrier of your
choice to pick-up, package, and ship your item(s) for you. It will be your responsibility to
follow the Third-Party Pick-Up Procedures above to ensure that your item is released.
Bid Deposits. Summit County Executive may require bid deposits in order to ensure
fairness to all bidders. The deposit will be reversed if no default occurs or the bidder does
not win the auction. The deposit will be retained if the winning bidder defaults.
Buyer Premium. A Buyer Premium of 10% will be added to the final sale price with a
$1 minimum charge per auction to collect payment. The premium will be visible during
the bidding process and will be included in the payment required.
State/Local Sales and/or Use Tax. Summit County Executive may collect sales tax,
unless the Buyer has provided a valid tax-exempt certificate to Summit County
Executive prior to payment. If applicable, the sales tax will be visible during the bidding
process and will be included in the payment specified.
Removal. Buyer must remove auction item(s) from the agency premises within ten (10)
business days after the time and date of issuance of the Notice of Award. If the Buyer,
after making payment for an item, fails to remove the item within the specified time, the
agency reserves the right (1) to retain all payments; and (2) to dispose of the item through
another auction or otherwise. Successful bidders are responsible for packing, loading,
removing and transporting all property awarded to them from the place where the
property is located as indicated on the website and in the Notice of Award. The Buyer
must make all arrangements and perform all work necessary, including packing, loading
and transportation of the property. Under no circumstances will Summit County
Executive assume responsibility for packing, loading or transporting auction item(s).
Buyer shall be liable to and reimburse Summit County Executive for any damage to
Summit County Executive's property caused by Buyer's or Buyer Agent's removal of
auction item(s) from the premises. No maintenance may be performed on Summit
County Executive property. For additional information, please contact Jon Holland,
(330) 926-2492, email@example.com
Abandonment of Item. Auction items paid for but not picked up within the specified
time will be stored for 15 days from the last date of available pickup. Summit County
Executive will charge a storage fee of $25.00 per day during this time, which must be paid
by Buyer before the item will be released. At the expiration of the 15 day period, the item
will be deemed abandoned and may be auctioned again to pay the storage fee. Any
amount received in excess of the storage fee will be retained by Summit County
Executive as payment for additional efforts to dispose of the item.
Risk of Loss. In the event an auction item is lost or destroyed after a notice of award has
been sent but prior to removal, and to the extent such loss or destruction is not caused by
the buyer, or buyer's agent or employee, Summit County Executive will refund any
money paid. The liability of Summit County Executive shall not exceed the actual
purchase price of the property.
Vehicle Titles. Summit County Executive will issue a title or certificate upon receipt of
payment. Titles may be subject to any restrictions as indicated in the item description on
the website. Open titles cannot be issued. Summit County Executive will not issue
Default. Default shall include (1) failure to observe these terms and conditions; (2)
failure to make good and timely payment; or (3) failure to remove all items within the
specified time. Default may result in termination of the bid contract and suspension from
participation in all future sales until the default has been cured. If the Buyer fails in the
performance of their obligations, Summit County Executive may retain Buyer's bid
deposit and exercise such rights and pursue such remedies as are provided by law.
Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees that the
bidder has read, fully understood, and accepted these Terms and Conditions of Online
Sales, and agrees to pay for and remove the property, if the bid is accepted, by the dates
and times specified.
*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT