ST. CHARLES PARISH GOVERNMENT ON-LINE AUCTION TERMS AND
CONDITIONS
1. 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.
2.
General: Items are offered for sale by the St. Charles Parish
Government, identified herein as the SCPG . Those submitting bids are
identified herein as bidder(s) or buyer(s) .
3.
Eligibility: A buyer must be a minimum of 18 years of age and legally
able to sign contracts as a buyer in an auction. SCPG Employees and
their immediate family members are not allowed to bid on items to be
auctioned.
4. Viewing: When viewing of an item
is permitted, viewing will be by appointment only. Appointments may
be scheduled by contacting the person listed in the Auction Contact
section of the Auction website. Due to liability reasons, no
children, and only two (2) adult customers will be allowed in the
designated viewing area at a time.
5.
Inspection: The responsibility to determine the condition of the
property rests with the bidder. Prospective bidders are encouraged to
inspect the property, when possible, prior to bidding, and to place
bids based solely on their personal inspection and evaluation.
Prospective bidders will not be allowed to test, operate or
disassemble any item featured in an auction.
6.
Warranty: All equipment will be sold as is , where is , and with all
faults, if any. SCPG disclaims all warranties or guarantees,
expressed or implied, as to the condition, quality, completeness or
fitness for any particular or general purpose or compliance to safety
regulation 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 made concerning
any item, shall be considered as a warranty, expressed or implied.
SCPG OFFERS NO GUARANTEES OR WARRANTIES. DETERMINATION OF CONDITION
FUNCTION, AND PERCEIVED OR ASSUMED VALUES IS THE SOLE RESPONSIBILITY
OF THE BUYER.
7. Consideration of Bid: SCPG
reserves the right to reject any and all bids and to withdraw from
sale any of the items listed.
8. Notice of
Award: Successful bidders will receive a Notice of Award by email
from PublicSurplus.com
9. Payment: PayMac, a
third-party payment processing company, receives all payments for
SCPG. Payment for an awarded item must be received within five (5)
business days after the Notice of Award to the successful bid. 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.
a.
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 been verified.
b. Partial Payment
There
will be NO partial payments allowed for an auction.
c.
Wire Transfers:
Payments over $4,000.00, a wire transfer
is required. Please email support at buyersupport@publicsurplus.com
requesting 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. Wire transfers can take up to
two business days to be received and posted. Do not attempt to
pick-up your item until you have received notification that the wire
transfer has been received.
10. Pick-up
Procedures:
a. 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 pickup time. You
must bring to the pick-up location (1) the Notice of Award , (2) the
Paid Receipt and (3) personal identification (such as 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.
b. If you are picking up an item for
someone else, you will need to bring the Notice of Award and the Paid
Receipt (copies are accepted), plus a note from the designated
winning bidder specifically naming you as authorized representative,
along with your own personal identification. Additionally, the
winning bidder must send an email from the bidder s email address
used for the auction authorizing to pick-up the item. If buyer is
using a shipping company, the buyer shall email SCPG the name of the
shipping company along with the Notice of Award, the Paid Receipt and
Personal identification.
11. Ownership: At the
end of the auction, the highest bidder is considered to have entered
into a binding contract and is obligated to pay the bid price.
12. Default: Default shall include the
failure to observe these terms and conditions; failure to make good
and timely payment; failure to remove all items with the specified
item. Default may result in termination of the contract and
suspension from participation in all future sales until the default
has been cured. If the Buyer fails in performance of their
obligations, SCPG may exercise such rights and may pursue such
remedies as are provided by law. Payments shall not be refunded when
in default of the terms and conditions.
13.
Removal: Items must be removed from SCPG premises within 10 business
days following receipt of payment. Items that require a permit to
move may be given additional time as determined by the Procurement
Office. No property may be claimed or removed prior to making full
payment. In the case of a vehicle purchase; proof of transfer of
title in the name of the new owner must be provided. If unclaimed by
winning bidders, SCPG reserves the right to re-auction or award the
item to the next highest bidder.
14. Shipping:
SCPG will not ship items. Shipping is the responsibility of the
buyer. Under no circumstances will SCPG assume responsibility for
packing, loading or shipping. Items may be removed between the hours
of 9:00 am and 4:00 pm, Monday through Friday. Excluding legal
holidays. SCPG 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 (4pm) for SCPG location
at which such item(s) is/are being picked up.
15.
Buyers Premium: A Buyers Premium of 10% 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.
16.
Indemnification: Buyers agree to indemnify and hold harmless SCPG for
any and all damages, claims, or liability of any nature or kind in
the sale of, or the buyer s use of, the property. The buyer, its
predecessors, successors and assigns hereby release, relinquish and
discharge SCPG, its former, present and future agents, employees,
officers, officials and legal representatives (collectively known as
SCPG) from any liability arising out of the sale and/or concurrent
negligence of SCPG 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 SCPG owned property.
17.
Liability: Under no circumstances will SCPG 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 web site, or any other web site to which the site
is linked, the content of such web sites, or any viruses or other
harmful components derived from any such web sites, including,
without limitation, any lost profits, revenue, or use, business
interruption, or loss of computer programs or information. SCPG
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, SCPG
reserves the right to cancel any sale, even if an award notification
e-mail has been received. SCPG cannot and will not guarantee
uninterrupted access to the auction system.
18.
Applicable Law: Bidders who participate in this auction agree The
State of Louisiana shall govern all matters relating to the use of
this auction and purchase of items listed by SCPG on this site,
including payment and removal of items.
Rev:
10/05/2017
