The City of Surprise, AZ
ONLINE TERMS AND CONDITIONS OF
SALE
CONDITIONS OF SALE: Sale of all surplus property is,
as is and where is, with all faults and without warranty. The
description of surplus property offered for sale has been compiled
from available data, but there is no guarantee or warranty on the
part of The City of Surprise as to condition or quality. The City of
Surprise reserves the right to withdraw any items being offered.
Note: No refunds or adjustments will be made on any
award(s).
Guarantee Waiver. All property is offered for
sale "as-is, where-is". The City of Surprise makes no
warranty, guarantee or representation of any kind, expressed or
implied, as to the merchantability or fitness for any purpose of the
property offered for sale.Suitability of the item for any particular
purpose should be determined by the Buyer prior to using them. The
Buyer is not entitled to any payment for loss of profit or any other
money damages - special, direct, indirect, or
consequential.
Description Warranty. The City of Surprise
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 The City of Surprise confirms that the
property does not conform to the description, The City of Surprise
will keep the property and refund any money paid. The liability of
The City of Surprise 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.
Indemnification. The Buyer will to the fullest
extent permitted by law indemnify, defend and hold harmless the City
and each council member, officer, employee or agent thereof, for,
from and against any and all losses, claims, damages, liabilities,
costs and expenses (including, but not limited to, reasonable
attorneys fees, court costs, claims costs and the costs of appellate
proceedings) to which City or any of the aforementioned council
members, officers, employees or agents may become subject, under any
theory of liability whatsoever (Claims), insofar as such Claims (or
actions in respect thereof) relate to, arise out of or are caused by
or in connection with the negligent or willful acts of omissions of
the Buyer in the performance of this agreement.
Insurance.
The Buyer certifies that it will provide insurance coverage on the
item in compliance with Arizona law.
Consideration of Bid.
The City of Surprise 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 and processes all
payments for
The City of Surprise. 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 by 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.
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 wire
transfer.
Credit Cards
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.
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 Buyer 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 Surplus 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 State issued 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 State issued ID.
Bid Deposits. The City of
Surprise may require bid deposits to ensure fairness and equity to
all buyers as a way to decrease default bidding. The deposit will
only be applied if the winning bidder defaults on their auction. If
no default occurs or the bidder does not win the auction the deposit
will be reversed. Public Surplus will collect and retain the deposit
if there is a default by the winning bidder.
Buyers
Premium.10% Buyers Premium will be added to the final sale price with
a $1.00 minimum charge per auction to collect payment. If added, the
premium will be visible during the bidding process and will be
included in payment to Public Surplus.
State/Local Sales
and/or Use Tax. The City of Surprise may collect sales tax of 8.5%,
unless the Buyer has provided a valid tax-exempt certificate to The
City of Surprise prior to payment. If applicable the sales tax will
be visible during the bidding process and will be included in your
payment to Public Surplus.
Removal. Buyer must remove
auction item(s) from said agencies premises within five (5) business
days of notification by Public Surplus of receipt of payment, and
within ten (10) business days from 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 any and all payments; and (2) to
dispose of the item as deemed desirable by the agency.
The
City of Surprise will furnish no services of any kind to the bidder
for any and all costs associated with shipping including but not
limited to packaging, crating, and loading unless otherwise
indicated. Successful bidders are responsible for loading and removal
and any and 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 will make all arrangements and perform all work
necessary, including packing, loading and transportation of the
property. Under no circumstances will The City of Surprise assume
responsibility for packing, loading or shipping. Property may be
removed between the hours of 8:00 am and 5:00 pm, Monday through
Friday, excluding legal holidays. For additional information, please
contact the Procurement Division, (623) 222-3700,
purchasing@surpriseaz.gov.
Vehicle Titles. The City of
Surprise 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. The City of
Surprise 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 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, The City of Surprise 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 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.
Revised 12/2019
