AGENCY ONLINE SALES TERMS AND CONDITIONS
Contract. An award of sale is a contract between the winning bidder and City of Modesto upon the terms and conditions set forth herein. City of Modesto 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. City of Modesto 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. Some or all items may have been declared unsafe in their present condition by a federal or state safety standard. Buyers should inspect and, if necessary, repair/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.
Description Warranty. City of Modesto 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 Modesto confirms that the property does not conform to the description, City of Modesto will keep the property and refund any money paid. The liability of City of Modesto 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. It is the bidder responsibility to inspect 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 City of Modesto 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. City of Modesto reserves the right to reject any and all bids and to withdraw from sale any of the items listed.
Reserve Requirement. If there is a reserve requirement and the reserve price is not met by the close of bidding, City of Modesto 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 City of Modesto'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 City of Modesto. 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.
Pick-Up and Third-Party Pick-Up Procedures. Upon receipt of payment, City of Modesto will contact you by email sent to the email address you provided at registration with Publicsurplus.com. You will be required to fill out the ITEM AND-OR TITLE RELEASE FORM attached and send back the completed form, a copy of your ID and a copy of the ID of the person you have authorized to pick up your item. Once City of Modesto has received your completed packet will be sent to Fleet and you will be given their contact information so you can arrange for a mutually convenient pick-up time. IF YOU DO NOT PROVIDE THE COMPLETED AND SIGNED ITEM AND-OR TITLE RELEASE FORM ALONG WITH COPIES OF ALL ID’S PRIOR TO SCHEDULING YOUR PICK-UP TIME THE AUCTION ITEM WILL NOT BE RELEASED. You must bring to the pick-up location (1) the Notice of Award, (2) the Paid Receipt and (3) personal picture ID to be confirmed or the auction item will not be released to you.
If someone else is picking up your item, they will need to bring the Notice of Award and the Paid Receipt (photo copies are acceptable), plus a completed Authorization to Release to Third-Party form that can be requested from the City. This form needs to be completed by the winning bidder and submitted to the City prior to picking up the items. To get this form please contact the City at 209-577-5303
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. City of Modesto 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 9.5% 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. City of Modesto may collect sales tax, unless the Buyer has provided a valid California tax-exempt certificate to City of Modesto prior to payment. If applicable, the sales tax will be visible during the bidding process and will be included in the payment specified.
Removal. Buyer must remove auction item(s) from the agency premises within ten (10) business days after the time and 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 City of Modesto assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse City of Modesto for any damage to City of Modesto's property caused by Buyer's or Buyer Agent's removal of auction item(s) from the premises. No maintenance may be performed on City of Modesto property.
Abandonment of Item. Auction items paid for but not picked up within the specified time will be considered abandoned. City of Modesto will have the ability to re-list any and all items designated as abandoned with no refund being provided to the user. The winning bidder may also be blocked from bidding on City of Modesto items
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, City of Modesto will refund any money paid. The liability of City of Modesto shall not exceed the actual purchase price of the property.
Vehicle Titles. Once you have picked up your auction item/vehicle, City of Modesto will MAIL the Title and signed Bill of Sale to you at the address you provided on the Item And-Or Title Release Form. If you would like proof of sale/ownership until you receive the Title in the mail you can print out your receipt and un-signed Bill of Sale on the Public Surplus website. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. City of Modesto 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 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, City of Modesto 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*