City of Orting ONLINE SALES TERMS AND CONDITIONS
Contract.
An award of sale is a contract between the winning bidder and City of
Orting upon the terms and conditions set forth herein. City of Orting
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 Orting
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.
No Description
Warranty. City of Orting is not responsible for any omissions or
errors in description of items being offered for sale. It shall be
the bidder's responsibility to inspect and satisfy him or herself as
to the details and conditions of the item offered before entering a
bid. The Agency does not attest to the authenticity of any
item.
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. City of Orting reserves the right to reject any and all bids and
to withdraw from sale any of the items listed before a notice of
award is delivered.
Reserve Requirement. If there is a
reserve requirement and the reserve price is not met by the close of
bidding, City of Orting 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 Orting '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 Orting. 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.
Pick-Up and Third Party Pick-Up
Procedures.
1. Upon receipt of payment, You will be notified by
email sent to the address You provided at registration with
Publicsurplus.com. You may then contact City of Orting 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 picture identification (such as a Driver 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
picture identification. In addition, you must arrange for the winning
bidder to send an e-mail from the winning bidder e-mail address used
for the auction, stating that you are authorized to pick-up the
item.
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 Orting 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 10.5% 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 Orting will not collect sales tax
and/or use tax. Applicable sales tax and/or use tax will be
calculated and assessed by the State of Washington when successful
buyer transfers title.
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 Orting assume
responsibility for packing, loading or transporting auction item(s).
Buyer shall be liable to and reimburse City of Orting for any damage
to City of Orting'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 Orting property.
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 Orting will refund any money paid. The liability of
City of Orting shall not exceed the actual purchase price of the
property.
Vehicle Titles. City of Orting will issue a
signed title or certificate releasing the City's interest 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. City of Orting will not issue replacement titles. Buyer
will be responsible to comply with Washington State law in regards to
transfer of title (RCW46.12.650).
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 Orting may exercise such
rights and pursue such remedies as are provided by law.
We
make every effort to accurately reflect the condition of the vehicle
but information is often limited and incomplete. There are no
guarantees or implied warranties as to the condition of said vehicle.
All bidders are urged to inspect the vehicle prior to submitting
their bids. Some maintenance records are available for vehicles.
ALL
ITEMS ARE SOLD "AS IS". NO REFUNDS, NO GUARANTEES. All
items are "as-is, where-is". We are not experts on the
items listed: all conditions are best approximations. We are not
responsible for any errors or omissions on our part. We encourage
bidders to make an effort to visit the location during the times and
days announced to physically inspect item(s) before placing
bid(s).
The buyer will receive a signed Certificate of Title
releasing interest in the vehicle and a Bill-of-Sale. It will be the
successful bidders responsibility to complete the transfer of
ownership at an authorized WA ST Dept of Licensing location It will
be the successful bidders responsibility to determine if emission
testing is required.
Pick-up hours by appointment only.
The
successful bidder must assume all responsibility for the removal of
the vehicle. Due to the vehicle being stored at a City facility,
removal will not be allowed on weekends or recognized holidays and
must be removed before 5:00 pm. NO ASSISTANCE WILL BE AVAILABLE FOR
LOADING VEHICLES FOR TOWING; GIVING THE VEHICLE A JUMP; AIRING UP
TIRES; OR GETTING IT RUNNING. Therefore, please come prepared and
assume that the vehicle will have been sitting for some time and will
need a jump OR tires inflated. This vehicle was driven to the auction
yard and the miles noted at that time. If it was towed in that is
also noted.
Vehicles driven off property will require proof of
registration or valid trip permit and proof of insurance. Vehicles
transported by trailer or other means (not driven) can be removed
upon payment of winning bid. All Washington State laws regarding
Transfer of Title must be followed.
Remember - Your bid is the
same as a contract. - Please only bid on an item that you are serious
about buying. A winning bid constitutes a legally binding
contract.
ALL INSPECTIONS MUST BE MADE PRIOR TO THE AUCTION
CLOSING. Inspections or viewing times are generally: Mondays -
Thursdays, from 9:00 A.M. to 5:00 P.M. PST. No appointments for
viewing will be made unless noted in the auction. For inspection
questions, please contact Jim Scott by email at:
jscott@cityoforting.org
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.
