Online Surplus Sale Terms and Conditions
Sale of Surplus: Items are offered for sale by the County of Loudoun, Virginia (County) in conjunction with the Loudoun County Public Schools through a third-party website provider, PublicSurplus.com (Website). Individual(s) submitting bids are identified herein as Bidder(s). Individual(s) selected by the County to purchase item(s) on which they have bid are identified herein as Buyer(s).
Consideration of Bid: The County reserves the right to reject any and all bids and to withdraw from sale any property listed and/or to waive all informalities.
Communication: All communication related to auctions shall be directed via email to email@example.com
Bidders' Responsibilities: All Bidders shall be a minimum of 18 years old. Bidders are responsible for keeping account information current including email address and other contact information.
Submission of Bids: All bids must be submitted in accordance with the procedures established by PublicSurplus.com. A detailed explanation of the bidding process can be found on the Website under Help/Buyers information. Bids submitted in any other manner (i.e., verbal, telephone, fax, email, etc.) will NOT be accepted. It is the responsibility of the Bidder to see that bids are submitted by the specified time and date. No exceptions will be granted.
Acceptance of Terms and Conditions: By submitting a bid, the Bidder agrees that they have read, fully understand, and accept these On-line Surplus Sale Terms and Conditions, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified.
Award of Bid: Award will be made to the highest responsive and responsible Bidder.
Guarantee/Warranty Waiver: All property is offered for sale (as-is, where-is.) The County makes no warranty, guarantee, or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. The description of the property offered for sale has been compiled from available data, but there is no guarantee or warranty on the part of the County as to the actual condition or quality of the property. Be aware that the County does not always have first-hand knowledge of the items being sold. For those items available for inspection, Bidders are expected to examine the property and determine for themselves the information they desire concerning the property. The items purchased immediately become the responsibility of the Buyer at the time they are sold by the County. Any costs to make an item functional are the responsibility of the Buyer. Items which require repair, maintenance, or additional investment are also the responsibility of the Buyer.
Sales to Employees: Items are available to the public and the County's employees at the same time. County employees must use personal time to bid on items. Any person involved in the Counties surplus operations may not participate in the on-line auctions.
Conflicts of Interests Act: All County and School employees are permitted to participate in the on-line Public Surplus auctions for the public sale of Loudoun County Government and Loudoun County Public School surplus property. However, bidding limitations have been established by the Virginia General Assembly with the State and Local Government Conflict of Interests Act, Va. Code Â§ 2.2-3100 et seq. (the Act). The Act prohibits Loudoun County Government and Loudoun County School Board employees and their immediate family* from bidding on individual line items where the bid will exceed $500.00. The cumulative value of multiple line items may exceed $500.00.
*Immediate Family means (i) a spouse and (ii) any other person residing in the same household as the officer or employee, who is a dependent of the officer or employee or of whom the officer or employee is a dependent (Va. Code Â§2.2-3101).
The successful bidder shall be required to sign an Affirmation of Compliance form prior to receiving surplus property when individual line items exceed $500.00.
Inspection of Items: Most items offered for sale are used and may contain defects not immediately detectable. Bidders may inspect the property prior to bidding; however, not all items are available for inspection. Those items available for inspection will include specific inspection instructions on the auction page for the specific auction. For more information on inspection, please contact the person listed in the specific auction. Not all items are available for inspection.
Personal and Property Risk: Bidders and/or Buyers onsite during inspection or removal of goods assume all risks of damage of or loss to person and property and specifically release the County and Website from liability therefore. The Buyer is to assume liability for the property after the award is made. The County will exercise usual care for protection up to the time of removal, but will not be responsible for any loss or damage whatsoever. Buyers are encouraged to remove the items as soon as possible after payment has been made and are required to remove the items within the timeframe specified herein.
Buyer's Certificate: Successful Bidders will receive a Notice of Award by email from the Website. The Notice of Award must be presented at time of payment.
Sales Tax: Virginia sales tax will be added to the successful Bidders offer for the sale of non-licensed equipment. Where applicable, sales tax will be added to the total bid price.
Website Auction Fee: 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. This fee shall be added to total bid price.
Payment. Public Processing, LLC. a third-party payment processing company receives all payments for Loudoun County Government. Payment for an awarded item must be received within five (5) business days after the date and time of the Notice of Award of the successful bid.
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 Wire Transfers.
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 a Wire Transfer. All credit card payments must be made using a single credit card.
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 Loudoun County Government by email to schedule pickup. All items must be picked up within five (5) business days from the time and date of the Notice of Award from the Website. 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. See vehicle title paragraph below for vehicle purchases.
2. If the winning buyer needs someone else to pick up the item, that person 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 the person as the authorized representative to pick up the item, along with personal picture identification. Before property will be released, the winning bidder is required to send an e-mail from the winning bidder e-mail address used for the auction, identifying the authorized representative 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: The County may require bid deposits to ensure fairness and equity to all buyers as a way to decrease default bidding.
Removal of Items: All items must be removed within five (5) business days from the time and date of the Notice of Award. Property will only be released upon receipt of payment in full as described above. Items purchased under the Auction will be released only to the Buyer or the Buyer's authorized representative. Transport companies acting as the Buyer's representative are required to provide a valid driver's license and bill of lading at the time of pickup. Buyer must present a copy of the Notice of Award and receipt of payment at time of pickup in order to verify authority of removal. Buyers are responsible for loading and removal of all property awarded to them from the place where the property is located as indicated in the individual auction. The Buyer shall make arrangements and perform all work necessary, including packing, loading, and transportation of the property. Under no circumstances will the County assume responsibility for or participate in packing, loading, or shipping. Property may be removed between the hours of 9am and 3pm, (Eastern Time Zone) Monday through Friday excluding County observed Holidays. Please contact the agency representative listed in the individual auction at least twenty-four (24) hours in advance to arrange for pickup. The Buyer shall assume all liability that may be incurred in connection with the removal of the property from the premises. If the Buyer does not remove the property purchased within the timeframes listed herein, the County reserves the right to retain the payment received, and resell the property, keeping any proceeds from the resale.
Default: Default shall include (1) failure to observe these Terms and Conditions; (2) failure to make good and timely payment within the specified time; or (3) failure to remove all items within the specified time. Default may result in termination of the sale and suspension from participation in all future sales by the County. In addition, the County reserves the right to block bidders from participating in County auctions if they have defaulted on auctions with other public entities. Bidders will be blocked by username, registered name and registered email address. Blocked bidders shall not be allowed to bid on, pay for or pickup any auction item. If the Buyer fails in the performance of their obligations, the County may exercise such rights and may pursue such remedies as are provided by law.
Vehicle Titles: The County will issue a title or certificate upon receipt of payment. Titles may be subject to any restrictions and/or discrepancies as indicated in the item description on the online auction. Open titles cannot be issued. The County will not issue replacement titles. The name and address listed on the Buyer's account will be placed on the title. For the title to read "resale", the Buyer must present a valid dealer's license and affiliation of dealership.
Computer equipment: Computers are sold by the component. All software and operating systems are removed from the computers. All technology equipment such as computers, monitors, printers, copy machines, and other related items are sold with the possibility of missing parts or components unless specified in each items auction.
Under no circumstances will the County be liable to any person or entity for any direct, indirect, special, incidental, consequential, or other damages or losses based on or caused by any use of the Website or any other website to which the site is linked, the content of such website, or any viruses or other harmful components derived from any such websites, including, but not limited to, any lost profits, revenue, or use, business interruption, or loss of computer programs or information, even if the County has been specifically advised of the possibility of such damages or losses.
Links to other websites or internet locations from this Website have been provided for your convenience only. The County does not endorse, sponsor, or approve any of the content of such website. The County has no control over any of the websites or other internet locations that may be accessed through this Website and is not responsible for the content or accuracy of the content of any such websites or locations. If you access any other websites or internet locations through this Website, you do so at your own risk.
Hold Harmless: Bidders and Buyers hereby agree to hold harmless the County of Loudoun and its employees for any or all liabilities of any nature, omissions or errors in the sale or use of the items. Buyers must understand that they are buying the property entirely upon their own examination, evaluation, or opinion based on the information given in each item posting.
Any bid or award resulting from an auction shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the County of Loudoun in Leesburg, Virginia. The Buyer shall comply with all applicable federal, state, and local laws and regulations.
Withdrawal of items: Despite the Counties best efforts to avoid withdrawal of items from the sale after they have been advertised or offered, it may become necessary; therefore, the County reserves the right to remove any, all, or any portion of items from sale or auction prior to an initial bid.
Latest Revision: January 2014