Terms and Conditions
ONLINE SALES - TERMS AND
CONDITIONS
Guarantee
Waiver. All property is offered for sale "as-is, where-is." Town
of Cheshire 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. Town of Cheshire 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 Town of Cheshire confirms
that the property does not conform to the description, Town of
Cheshire will keep the property and refund any money paid. The liability
of Town of Cheshire 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.
Consideration
of Bid. Town of Cheshire reserves
the right to reject any and all bids and to withdraw
from sale any of the items listed.
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 Town of Cheshire. Payment for an
awarded item must be received within five (5) business
days after 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 "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.
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 pay
partially for an auction by Credit Card and pay the remainder by another
payment method, such as a wire transfer.
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.
Pick-Up
Procedures
1. You will be notified
upon receipt of payment. You may then contact the responsible party listed for
the auction item 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 identification (such as a Driver's
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 identification. In addition, you
must arrange for the winning bidder to send an e-mail from the winning bidder's
e-mail address used for the auction stating that you are authorized to pick-up
the item.
Bid
Deposits. Town of Cheshire 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.
Buyers Premium: A Buyers
Premium will be added to the final sale price with a $1 minimum
charge per auction to collect payment. If added, the premium will be visible
during the bidding process and will be included in the payment required.
State/Local
Sales and/or Use Tax. Town of Cheshire may
collect sales tax, unless the Buyer has provided a
valid tax-exempt certificate to Town of Cheshire 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's 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 of 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 Town of Cheshire assume
responsibility for packing, loading or transporting.
For additional information, please contact Mark Cunningham mcunningham@cheshirect.org
Vehicle
Titles. Town of Cheshire 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. Town of Cheshire 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, Town
of Cheshire 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 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.