Navajo County Terms and Conditions
ONLINE SALES - TERMS AND
CONDITIONS
Guarantee
Waiver. All property is offered for sale "as-is, where-is."
Navajo County 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. Navajo County 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
Navajo County confirms that the property does not conform to the
description, the County will keep the property and refund purchase
price of the item. The liability of County 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. Items are offered for sale using the services
and Web site of Public Surplus LLC (www.publicsurplus.com). Under no
circumstances will Navajo County be liable to any person or business
entity for any direct, indirect, special, incidental, consequential,
or other damages or losses based on or caused by any use of the
auction web site or any other web site to which the site is linked,
the content of such web sites, or any viruses or other harmful
components derived from any such web sites, including, without
limitation, any lost profits, revenue, or use, business interruption,
or loss of computer programs or information, even if Navajo County
has been specifically advised of the possibility of such damages or
losses.
Consideration
of Bid. Navajo County reserves the right to reject any and all
bids and to withdraw from sale any of the items listed.
Buyers
Certificate. Successful bidders will receive a Notice of Award by
email from PublicSurplus .com
Payment:
PayMac, a third-party payment processing company, receives and
processes ALL payments for The Navajo County Government.
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.
Partial
Payments: There will be NO partial payments allowed for an
auction. All auctions must be paid in full by the specified payment
process. 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.
Credit Cards:
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.
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
asking for wire instructions or request the instructions via live
chat. These instructions will be emailed to you. Please follow them
exactly to allow for prompt payment. Wire transfer can take up to 2
business days to be received and posted. Do not attempt to pick-up
your item until you have received notification that the wire transfer
has been received.
Removal.
All items must be removed within 7 working days from the time and
date of issuance of the Notice of Award. Purchases will be released
only upon receipt of payment as specified. Successful bidders are
responsible for loading and removal 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 Navajo County assume responsibility for packing, loading, or
shipping. Property may be removed between the hours of 9 a.m. and 4
p.m., Monday through Friday, excluding legal holidays. For additional
information, please contact PRESTON ROOT at (928) 524-4205 or
preston.root@navajocountyaz.gov
LIABILITY
AFTER AWARD. The purchaser shall assume all liability for the
property after the award is made. Navajo County will exercise its
normal care for protection up to the time for removal but will not be
responsible for any loss or damage whatsoever. No property may be
removed by the purchaser prior to making full payment.
Vehicle
Titles. Navajo County 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; purchaser must provide a copy of their driver’s
license at time of title transfer. Navajo County will not issue
replacement titles.
DEFAULT.
If the purchaser fails to pay for the property within five (5) days,
the surplus property purchased may be promptly re-sold in such manner
as the County may elect and the defaulting purchaser charged with any
loss or additional cost incurred. 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, Navajo County 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.
Taxes: Any and all taxes, federal, state and local, due on the sale
of the equipment and/or vehicle(s) shall be paid by the successful
Bidder.
Bid
Deposits. Navajo County may require bid deposits to ensure
fairness and equity to all buyers to decrease default bidding. The
deposit will only be applied if the winning bidder defaults on their
auction. If no default occurs or the bidder does not win the auction
the deposit will be reversed. Public Surplus will collect and retain
the deposit if there is a default by the winning bidder.
Buyers
Premium. A 10% buyers premium will be added to the sales price of
all auction items except for real estate.
Real estate
auctions will have a 7% buyers premium rate as well as they will
require a thirty dollar ($30) recording fee for all auctions
Sales Tax. Applicable sales tax of 9.43% will be added to the amount due unless the Buyer has provided a valid tax-exempt certificate to Navajo County prior to payment.