ANNE ARUNDEL COUNTY, MARYLAND
TERMS AND CONDITIONS
General: Items are offered for sale by Anne Arundel County, Maryland, identified herein as the "County". However, a third-party web site provider, an online auction services contractor, identified herein as "Public Surplus" is utilized. Those submitting bids are identified herein as "bidder(s)" or "seller(s)".
Eligibility: A buyer must be a minimum of 18 years old and legally able to form binding contracts as a buyer in an auction.
Warranty: All equipment will be sold "as is", "where is", and "with all faults, if any". The County disclaims all warranties or guarantees, expressed or implied, as to the condition, quality, and completeness or fitness for any particular or general purpose or compliance to safety regulations of the equipment being sold. Descriptions of items appearing in this online auction are believed to be correct. However, neither those descriptions, nor any oral statements concerning any items, shall be considered as warranty, expressed or implied.
ANNE ARUNDEL COUNTY, MARYLAND OFFERS NO GUARANTEES OR WARRANTIES. DETERMINATION OF CONDITION, FUNCTION AND PERCEIVED OR ASSUMED VALUE IS THE SOLE RESPONSIBILITY OF THE BUYER.
Ownership: At the end of the auction, the highest bidder has entered into a binding contract with the County, and is obligated to pay the price bid. Placing the winning bid, but not paying for the product, is illegal in most states, and may result in prosecution. The winning bid cannot be retracted unless due to the fault of the County, for example, typographical or other error. Bidders that fail to claim, pay for auction items by the close of business on the 7th business day after the notice of award shall forfeit their rights to the auction item, and be declared as a defaulted bidder. The County may ban a defaulted bidder from participating in future online auction events. If one item goes into default, all items won by the bidder go into default and are subject to resale.
Inspections: Bidders are not offered the opportunity to inspect items to purchase unless specified in the description for the item.
Payment: Full payment is due upon completion of the auction. To pickup property, successful bidders should bring with them the e-mail from Public Surplus confirming their successful bidder status along with a valid drivers license, or other official photo identification. Your bid amount includes tax at the prevailing Maryland State sales tax rate (currently 6%) and any and all Public Surplus fees. A Buyers Premium of 9.5%, which represents the cost charged for sale of property by Public Surplus and County processing charges, will be added to the successful bid and is payable in full prior to pick-up.
a) Payment. PayMac, a third-party payment collections company, collects all payments for Anne Arundel County. Payment for an awarded item must be received within 5 business days of close of auction. Payment shall be made online by credit card, or wire transfer. 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 of an auction 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.
Wire Transfers:
For payments over $4,000.00 a Wire Transfer is required. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED. 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. Public Processin will notify the Buyer upon receipt of payment. The Buyer may then contact the responsible party listed for that item and arrange for a mutually convenient pick up time. The Buyer must bring the "Notice of Award" with the "Paid Receipt" and personal identification such as a Drivers License or DMV ID to the pick up location. The person releasing the item will require the Buyer to show all three documents. The Buyer must present these forms of identification at the scheduled pick up or the auction item(s) will not be released.
2. If you are picking up an item for someone else, you will need to bring the receipt, (photo copies are acceptable), plus a note from the designated "winning bidder" specifically naming you as their authorized representative, along with your own ID.
Default: If the purchaser fails to pay for the property within seven (7) 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.
Pick-up of Purchases: Pick-ups will be scheduled for the first and third Tuesday of each month from 10:00 AM to 1:00 PM unless otherwise noted in the item description. Buyers must schedule an appointment for pick-up by calling 410-222-4215 or by e-mailing phedwa25@aacounty.org.
Unless otherwise noted, all items sold must be picked up at the Anne Arundel County Warehouse. The warehouse is located at 8313 Grover Road Millersville, Maryland 21108. Purchased items are available for pick-up with a paid receipt.
Purchased items must be removed from the County's premise within ten (10) business days of the notice of payment cleared. However, no property may be claimed or removed prior to making full payment. If unclaimed by winning bidders, the County reserves the right to re-auction or award the item to the next highest bidder.
Shipping: The County is not equipped to ship items, or prepare items for shipping. Winning bidders will be solely responsible for pick-up or shipping arrangements, and all associated costs. The County will not be responsible for items after buyer, or designated shipper, takes possession. Allow sufficient time to load items into vehicles before close of business. For shipping purchased items buyers are free to contact local firms and make arrangements to ship or deliver purchased property. The County will not be responsible for any cost, tax of fees associated with shipping.
Indemnification: Buyers agree to indemnify and hold harmless the County for any and all damages, claims, or liability of any nature or kind in the sale of, the buyer's use of, the property. The buyer, its predecessors, successors and assigns hereby release, relinquish and discharge the County, its former, present and future agents, employees, officers, officials and representatives (collectively known as "The County") from any liability arising out of the sale and/or concurrent negligence of the County for any injury, including death or damage to persons or property, where such damage is sustained in connection with, or arising out of, the sale of County owned property.
Liability: Items are offered for sale using the services and website of an online auction services contractor. Under no circumstances will the 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 website, or any other website to which the site is linked, the content of such websites, or any viruses or other harmful components derived from any such websites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information. The County strives to make the online auction system as accurate as possible. However, errors and equipment malfunctions are possible and may occur without notice. In case of malfunctions of hardware or software, the County reserves the right to cancel any sale, even if an award notification e-mail has been received.
Reproduction of Auction Materials and Resale of Items Listed: Bidders or website users may reproduce or copy images, photographs, or descriptions of property listed on the auction site for personal use only. Bidders and website users may not reproduce, display, or broadcast online auction materials by any means, or by using any media, without the express written permission of the County. The County reserves the right to disallow participation in the online auction by any website user or bidders at any time for violating applicable laws, ordinances, terms and conditions listed here, or for activity deemed unacceptable by the County. Before paying for and taking possession of the items listed for sale by the County, successful bidders and website users shall not post of list the same items for sale by any other means.
Privacy: The County gathers information from bidders so that it will know who has one an auction item. Personal information is not sold or rented. Personal information is used for the purpose of conduction online auctions and not used for any other purpose. Be advised that transactions of the County are subject to Section 10-611 et seq. of the State Government Article, also known as the Maryland Public Information Act.
Applicable Law Venue: Although this site may be accessed from any state, bidders who participate in this auction shall agree that (a) the purchase shall be deemed to have taken place in Anne Arundel County, Maryland' (b) the laws of the State of Maryland shall govern all matters relating to the use of this auction and purchase of items listed by the County on this site; and (c) the exclusive venue for any and all actions related to hereto shall be the appropriate Federal Court located within the State of Maryland or the appropriate state court located within Anne Arundel County, Maryland.
15: Pursuant to Executive Order 24, Bidders are required to comply with all applicable laws and regulations relating to the employment of aliens. If a Bidder fails to comply with applicable laws and regulations relating to employment of aliens, such failure shall constitute a material breach of the Bidder's contractual relationship with the County and shall be grounds for termination of the contractual relationship.