Terms and Conditions



ONLINE SALES - TERMS AND CONDITIONS

Guarantee Waiver. All property is offered for sale "as-is, where-is." City of Cuyahoga Falls makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale.  The Buyer is not entitled to any payment for loss of profit or any other money damages - special, direct, indirect, or consequential.

Description Warranty. City of Cuyahoga Falls 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 City of Cuyahoga Falls confirms that the property does not conform to the description, City of Cuyahoga Falls will keep the property and refund any money paid. The liability of City of Cuyahoga Falls shall not exceed the actual purchase price of the property. Please note that upon removal of the property, all sales are final.

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.

Consideration of Bid. City of Cuyahoga Falls reserves the right to reject any and all bids and to withdraw from sale any of the items listed.

Notice of Award. Successful bidders will receive a Notice of Award by email from PublicSurplus.com

Payment. Public Surplus collects all payments for City of Cuyahoga Falls. Payment for an awarded item must be received within 5 business days of close of auction. Payment shall be made online by credit card, or directly with cashier's check, money order, or certified check.

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 Manual Payment.


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, PayPal and e-Checks.


Partial Payment

There will be NO partial payments of an auction 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.


Manual Payment:

For payments over $4,000.00 and any other non-credit card payments follow the instructions below.

1. Please send payment along with a copy of "Notice of Award" (emailed from PublicSurplus.com) to Public Surplus, LLC at the following address(s).

Mailing Address:

Public Surplus L.L.C.

P.O. Box 50676

Provo UT 84605

or

Courier Address (FedEx, DHL, or UPS ONLY):

Public Surplus L.L.C.

1503 S. 40 E., Suite 350

Provo UT 84606



NOTE: Check should be made payable to Public Surplus, LLC marked with the Auction #. Accepted forms of payment are Certified Check, Cashiers Check or Money Orders. Payments need to be received by Public Surplus within five (5) business days of notification of award.

2. If you need to do a wire transfer please call 801-932-7000 and ask for buyers support to work out the details for this transaction. Once payment is received the same instructions apply as with manual payment.

3. 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 will need to bring the payment receipt or the auction item(s) will not be released to you.


Bid Deposits. City of Cuyahoga Falls 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.


Buyers Premium: A 9.5% Buyer Premium shall be added to the final sale price with a $1 minimum charge per auction to collect payment.


Sales Tax: 6.75% will be charged on all non-vehicle items.


Removal. Buyer must remove auction item(s) from said agencies premises within 5 business days of notification by Public Surplus of receipt of payment, and within 10 business days from the time and date of issuance of the Notice of Award. Successful bidders are responsible for loading and removal and any and 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 will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will City of Cuyahoga Falls assume responsibility for packing, loading or shipping. Property may be removed between the hours of 8am and 5pm, Monday through Friday, excluding legal holidays. For additional information, please contact Don Williams, (330) 971-8053, williamsdw@cityofcf.com .

Vehicle Titles. City of Cuyahoga Falls 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. City of Cuyahoga Falls will not issue replacement titles.

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 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, City of Cuyahoga Falls may exercise such rights and may pursue such remedies as are provided by law.

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.