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COLORADO SPRINGS UTILITIES/CITY OF COLORADO INVESTMENT RECOVERY TERMS AND CONDITIONS FOR SALES OF SURPLUS PROPERTY

Bidder Agreement:

BIDDER ACKNOWLEDGES AND AGREES THAT ITEM IS SOLD TO THEM AS IS, WHERE IS WITH ALL FAULTS. THE CITY OF COLORADO SPRINGS/UTILITIES HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO. NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN, CONDITION, CAPACITY, PERFORMANCE OR ANY OTHER ASPECT OF SAID ITEM. A PURCHASER OR DISAPPOINTED BIDDER SHALL HAVE NO RECOURSE AGAINST COLORADO SPRINGS UTILITIES/CITY OF COLORADO SPRINGS, ANY OF ITS AGENCIES, OFFICERS, EMPLOYEES OR AGENTS.



Inspection:

***Onsite Inspections Have Been Permanently Suspended***

General condition and other available information regarding this item have been disclosed.



Payment:

Bid Deposits. Colorado Springs Utilities may require bid deposits to ensure fairness and equity to all buyers 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. Full payment is due within 7 calendar days after the auction's close.

PayMac. a third-party payment processing company, receives all payments for Colorado Springs. Payment for an awarded item must be received within seven (7) 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 $2,000.00. 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 $2,000.00, 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.

Failure to make payment or failure to remove the property, within the terms allowed, is considered breach of contract. In such an event, the Buyer shall lose all right, title, and interest which he/she might otherwise have acquired in and to such property as to which a default has occurred.

All sales are final.

Buyer is responsible for paying any sales tax if applicable. Taxes paid on titled vehicles are paid at time of registration.



Loading and Removal of Property:

Investment Recovery's hours of operation are 8:00 AM to 3 PM, Monday-Wednesday and Friday. These hours exclude Colorado Springs Utilities observed holidays or closures. All pickups are by appointment only and can be scheduled by contacting Investment Recovery at (719) 668-7630.

No service of any kind will be furnished by the City of Colorado Springs, and the successful bidder shall assume any cost of weighing, packaging, crating, loading or hauling, unless otherwise indicated. Under certain circumstances, deemed appropriate by Seller, Seller will make the initial forklift placement of the property on conveyance(s) furnished by the Buyer. Securing the load is strictly the responsibility of the buyer and/or transport operator. Waiver must be signed by purchaser.

All purchases except vehicles and equipment must be removed from the auction site within 7 calendar days. Vehicles & equipment must be removed from the auction site within 14 calendar days, unless other arrangements are made in advance.

Removal of property will be allowed only after full payment has been received by Seller.



Damages

Unless otherwise stated, Seller will be responsible for the care and protection of the property prior to its removal. Any loss, damage, or destruction occurring during such period may be adjusted by the Seller to the extent it was not caused directly or indirectly by the Buyer, its agents, or employees. At the discretion of the Seller, the adjustment may consist of refund. All claims must be made prior to removal of the property from the selling location. The measure of the Seller's liability shall not exceed refund of such portion of the purchase price as the Seller may have received.



Hazardous Materials Disclaimer:

Purchaser acknowledges that the purchased materials may contain materials or substances which are designated as hazardous or regulated substances by law. Purchaser understands and agrees that SELLER has no and will have no responsibility or liability of any kind resulting from Purchaser's use, misuse, handling, preparation or modification for transportation, transportation, storage, transfer, sale, donation, recycling, ownership, operation, abandonment or disposal of any hazardous materials/substances or any portion thereof. Purchaser assumes sole responsibility for complying with all legal requirements, environmental and otherwise, regarding any such hazardous materials/substances.