City of Merced - Terms and Conditions of Online Sales
1.
CONDITION
OF PROPERTY
A.
All sale items are sold "as
is - where is".
It is the bidder's responsibility to personally view the items upon
which he/she bids and assure him/herself as to its condition and as
to its meeting the bid description. The City of Merced makes no
warranty, either expressed or implied as to the condition of the
property being sold or its fitness for use or merchantability. The
Buyer is not entitled to any payment for loss of profit or any other
money damages - special, direct, indirect, or consequential.
B.
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.
C.
City of Merced does not warrant conformity of vehicles to the
requirements of the California Vehicle Code.
D.
City of Merced does not warrant conformity of mobile homes to the
requirements of the California Housing and Community Development
Code.
2.
AWARDS
A.
City of Merced reserves the right: (1) to withdraw any item from the
sale; (2) to award bids received on the basis of individual items, or
groups of items, or on the entire list of items; (3) to reject any or
all bids, or any part thereof; (4) to waive any minor informality in
the bids; and (5) to accept the bid that is in the best interest of
the City. The
City's decision shall be final.
B. City of Merced reserves the right to preemptively block and reject the bids of any account which has been blocked by three or more agencies. It is the buyers own responsibility to follow the Terms and Conditions established by each individual agency.
C.
Successful bidders will receive a Notice of Award by email from
PublicSurplus.com.
3.
PAYMENT
AND REMOVAL OF PROPERTY (ALL ITEMS)
A.
PayMac collects all payments for the City of Merced. Payment for
an awarded item must be received within 5 business days of close of
auction. Payment must be made online by credit card or direct deposit
only. 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.
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 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. PayMac accepts all major credit cards.
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.
B. Partial payments of an auction are NOT allowed. All auctions must be paid in full per payment process used per auction. 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.
C. Public Surplus will notify you upon receipt of payment. You may then contact the responsible party listed for that item, and arrange for a mutually convenient pick-up time. You must bring valid Identification or the auction item(s) will not be released to you.
D. If a third party will be picking up on your behalf: The buyer (the name listed under the name section, not username) must send an email to the auction contact listing who, and what this third party is authorized to pick up on their behalf; please use the auction number within the description. Until that email is received with the required criteria, coordination for pickup will not be discussed with third parties.
E. Bid Deposits. City of Merced may require bid deposits in order to ensure fairness and equity to all buyers as a way 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.
F. Buyer's Premium: An 11% Buyer Premium will be added to the final sale price with a $1 minimum charge to collect payment.
State/Local Sales and/or Use Tax. City of Merced will collect sales tax, on non-vehicles if applicable, unless the buyer has provided a valid tax-exempt certificate to the specified agency prior to payment.
H. Special Moving Permits will not be provided.
I. The successful bidder shall pay any balance due on his/her bid within five (5) business days after notification of acceptance of his/her bid. Failure to pay shall constitute an abandonment of his/her bid and all rights thereunder, and the next-highest bidder shall then be notified of bid acceptance. The next- highest bidder will have 24 hours to respond to this offer, if no contact is made within this 24 hour window, City of Merced reserves the right to proceed to the third highest bidder, and so on and so forth.
J. Buyer must remove auction item(s) from the agency premises within ten (10) business days after 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 Merced assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse the City of Merced for any damage to The City of Merced'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 Merced Property.
K. Property shall be removed at the cost and expense of the successful bidder.
L. If City staff find the buyers means of removal hazardous to (1) the City's employees; (2) the City's property and; (3) the buyer and their assets themselves- the buyer will be asked to stop, and return with a safer method of removal. Refusal to comply with Staffs' determination will constitute default; additionally, the buyers account shall be reported to Public Surplus for review.
M. Extension of time may be granted to cover unforeseen difficulties upon written application to the City of Merced.
4.
DEFAULT.
Default
shall include (1) failure to observe these terms and conditions; (2)
failure to purchase any item won by the bidder in any bid; (3)
failure to make good and timely payment; (4) failure to remove all
items within the specified time; or (5) failure to follow any of the
previously mentioned Terms and Conditions.
Default will result in termination of the contract, and suspension from participation in all future sales. If the Buyer fails in the performance of their obligations, City of Merced may exercise such rights and may pursue such remedies as are provided by law.
5.
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.
These Terms and Conditions of Online Sales are subject to change without any notice.
Effective 3/22/2019