GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT
ONLINE SALES TERMS AND CONDITIONS
Contract. A fully executed Bill of Sale/Release is a legally binding contract between the winning bidder and the Golden Gate Bridge, Highway and Transportation District, hereinafter called the "District" upon the terms and conditions set forth. The District may pursue all legal remedies allowed by law against any bidder who fails to make payment for a winning bid. The District will send the successful bidder a Bill of Sale/Release simultaneously with the Notice of Award of the successful bid sent by PublicSurplus.com. Buyer must execute the Bill of Sale/Release and return it to the District within five (5) business days of receipt of the Notice of Award. The Bill of Sale/Release incorporates the terms and conditions set forth in this document.
No Guarantee. All auction items shall be sold "as-is condition," "where-is location," and "with all faults" to the highest bidder. No warranties are made or implied as to fitness or quality. Buyer is relying on its judgment obtained from an inspection of the auction items. The entire risk as to the condition, quality, and performance of these Item(s) is with the Buyer.
The auction items will be released to the successful bidder in their present condition and without warranties, express or implied, as to their condition. Vehicles being offered will be sold as "UNREGISTERED" vehicles, without license plates, not intended for operation on public highways and streets. Any repairs necessary to place the vehicles in operating condition and/or in a condition of compliance with California Vehicle Code shall be the responsibility of the Buyer.
If applicable, pursuant to Section 24007.5 of the California Vehicle Code, the bidder is notified that a Certificate of Compliance must be obtained from a licensed motor vehicle pollution control device station, indicating that the vehicle is properly equipped with anti-smog devices before the vehicle may be registered with the Department of Motor Vehicles for use on public highways and streets.
Disclaimer for Sale of Transit Vehicles. When operated in California, the buses cannot be directly operated in or contracted-out for any type of public transit service. Also any on-road heavy-duty diesel or alternative-diesel vehicle operated in California may be subject to California Air Resources Board regulations to reduce particulate matter and criteria air pollutant emissions. The buses, 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 website at http://www.arb.ca.gov/diesel/mobile.htm.
An on-road heavy-duty diesel or alternative-diesel vehicle operated in California may be subject to the California Air Resources Board Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions from In-Use Heavy-Duty Diesel Vehicles. The buses therefore could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/dieseltruck.
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. The District 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 delivered.
Reserve Requirement. If there is a reserve requirement and the reserve price is not met by the close of bidding, The District 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 Golden Gate Transit's discretion.
Notice of Award. Successful bidders will receive a Notice of Award by email from PublicSurplus.com.
Payment. PayMac, a third-party payment processing company, receives all payments for The District . Payment for an awarded item must be received by PayMac, within five (5) business days after the date 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.
Partial Payment
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 credit card.
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 buyersupport@publicsurplus.com 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 The District 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 described above to ensure that your item is released.
Bid Deposits. The District 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 - 14% 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. With the exception of tires and spare parts, sales and use taxes are the responsibility of Buyer and are not included in the sale price.
Removal. Buyer must remove auction item(s) from the District premises within ten (10) business days after the 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 the District assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse The District for any damage to The District's property caused by Buyer's or Buyer Agent's removal of auction item(s) from the premises. No maintenance may be performed on the District property. For additional information, please contact the auction contact. A $50 per day storage charge will be assessed for all vehicles after the fifth day. Upon transfer of physical possession of the Items, the District will provide Buyer the fully executed Bill of Sale/Release Form, attached to this document as Exhibit A.
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, the District will refund any money paid. The liability of the District shall not exceed the actual purchase price of the property.
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, the District 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 District, by the dates and times specified.
*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*