Contract. An award of sale is a contract between the winning bidder and The State of Texas upon the terms and conditions set forth herein. The State of Texas 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. The State of Texas 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. Buyers should inspect and, if necessary, 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.
No Description Warranty. The State of Texas 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 item. Buyer may not rely upon any information provided (whether orally, in writing and/or in digital image form), included but not limited to: year, make, model, condition, damage amount, damage type, drivability, accessories, mileage, odometer disclosures, vehicle identification number (VIN), title, repair history, title history, and total loss history. The State of Texas does not guarantee that any vehicle sold can be legally registered in any state or country. Buyer is solely responsible for confirming, researching, inspecting, vehicles and any/ all information regarding the type, condition, status, and history of vehicles before bidding.
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 The State of Texas 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. The State of Texas 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 State of Texas 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 The State of Texas's discretion.
Notice of Award. Successful bidders will receive a Notice of Award by email from PublicSurplus.com
Payment. PayMac, Inc. a third-party payment processing company, receives all payments for The State of Texas. Payment for an awarded item must be received 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.
In addition, please note a portion of the winning bid, 12% is retained by the Texas Facilities Commission for our services, this is not in addition to your bid amount and does not affect the bid amount.
Restricted Auction. If participating in a restricted auction; all bidders must show proof of their Texas Coin-operated Machine General Business License or other authorization to sell/lease gaming equipment license prior to bids being accepted. Per Government Code 2175.904 (b) Disposal of Gambling Equipment: The Commission may sell gambling equipment only to a person that the commission determines is a bona fide holder of a license or other authorization to sell, lease, or otherwise provide gambling equipment to others or to operate gambling equipment issued by an agency in another state or in a foreign jurisdiction where it is lawful for the person to possess gambling equipment for the intended purpose.
Pick-Up and Third Party Pick-Up Procedures
All items MUST be removed by the last day and time authorized within the auction listing, no exceptions. Items awarded and purchased may not be sold or auctioned by a winning bidder on State of Texas Property. REMOVAL IS THE WINNING BIDDER'S RESPONSIBILITY. NO ASSISTANCE, SHIPPING, or PACKING SERVICES will be available from the seller for the removal or transportation of items won. If the items purchased are not removed by the deadline advertised, the buyer will forfeit all monies paid and property ownership reverts to the State of Texas with no recourse.
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 State of Texas and arrange for a mutually convenient pick-up time. You must bring to the pick-up location (1) the Paid Receipt and (2) personal picture identification (such as a Driver License). You must present both 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 (1) Paid Receipt (photo copies are acceptable), (2) personal picture identification (such as a Driver License). (3) plus an email MUST be sent from the email address listed on file with Public Surplus and should be sent to auctions@tfc.texas.gov prior to removal. The email MUST include the name of the seller listed on the paid receipt, location, lot number, and the first and last name of the person who will be picking up. This email will serve as the buyer's official release authorization and the person picking up will be required to present a valid GOVERNMENT ISSUED picture identification card before anything can be removed.
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.
Buyer Premium. A Buyer Premium of 7% 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. Public Surplus is required by law to collect the following taxes:
SALES TAXES Texas Sales Tax of 8.25% will be collected on all non-titled items unless the items are being purchased for qualified:
resale under a valid Texas Sales and Use Tax Permit;
farm/agriculture exempt use;
timber operations exempt use;
research exempt use; or
non-profit exempt use.
OFF-ROAD, HEAVY DUTY DIESEL SURCHARGE 1.5% will be collected on all off-road, heavy duty, diesel construction equipment unless being purchased for qualified resale under one of the exemptions listed above.
Public Surplus will only remove sales tax and off-road surcharges after we have received one of the following forms signed with ALL fields completed correctly:
Texas Sales and Use Tax Resale Certificate;
Texas Agricultural Sales and Use Tax Exemption Certificate;
Texas Timber Operations Sales and Use Tax Exemption Certificate;
Texas Qualified Research Sales and Use Tax Exemption Certificate; or
Texas Sales and Use Tax Exemption Certificate.
No paid receipts will be issued with sales tax removed until the required information is received in our office by the time of payment. NO EXCEPTIONS!
Title Paperwork:
All vehicles are subject to Standard Presumptive Value. Vehicles marked with FOR PARTS ONLY, NON-REPAIRABLE, SALVAGE or NO TITLE are subject to standard 8.25% sales tax and cannot be titled through local tax offices. All titles will be issued in the buyers name EXACTLY as the name appears on the winning bidder's online Public Surplus account, and paid receipt, at the time of auction close. If a company name is provided on the buyer's receipt, title will be issued in the name of the company. Prior to bidding please contact Public Surplus to verify account information. Updating your online account information AFTER bidding will not update your title paperwork information. All title paperwork will be mailed to the shipping address listed on the paid receipt. Changes to title paperwork WILL NOT be allowed. The selling State of Texas agency, not the Texas Facilities Commission, will complete and mail all title paperwork directly to the buyer. Title mailing changes must be approved by the Texas Facilities Commission. An official request MUST be sent from the email address listed on file with Public Surplus and must be sent to auctions@tfc.texas.gov before the auction close date. NO EXCEPTIONS WILL BE AUTHORIZED.
If you have any questions regarding an auction pick-up, vehicle title or release authorization please be sure to email auctions@tfc.texas.gov
License Plates & Permits:
Please be advised that no temporary license plates or Vehicle Transit Permits (VTP) will be provided by the Texas Facilities Commission or the owning agency. Buyers may get Vehicle Transit Permits at no cost on the TxDMV website at www.txdmv.gov and clicking on the Transit Permit icon on the home page. Please see original lot posting for complete VIN number, if applicable.
Removal. Buyer must remove auction item(s) from the agency premises within five (5) business days after the time and date of issuance of the Notice of Award unless otherwise stated in the individual auction listing. 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
State of Texas assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse The State of Texas for any damage to The State of
Texas'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 State of Texas property.
Heavy Equipment. Aerial Devices (Bucket Trucks/Cranes) not specifically noted as having been inspected or certified have not been and no representations or warranties are made concerning compliance with any safety standards or requirements.
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 State of Texas will refund any money paid. The liability of The State of Texas 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 State of Texas 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 NOTICE*