ONLINE SALES TERMS AND CONDITIONS
Guarantee
Waiver
All property is offered for sale as-is, where-is. The City of Everett makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. The City of Everett makes no guarantee, warranty or representation express or implied as to the quantity, kind, character, size, quality, weight or description of the item. The Buyer is not entitled to any payment for loss of profit or any other money damages special, direct, indirect, or consequential.
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. No claim shall be considered for allowance or adjustment or for the rescission of the sale based on the Buyer's failure to inspect the property
Consideration of Bid
The City of Everett 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 all payments for The City of Everett. Payment for an awarded item must be received within five (5) business days after the Notice of Award of the successful bid.
Payment may only be made online by credit card, or by wire transfer. 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.
Payment by
Credit Card
Login
to the Public Surplus site. Click on the My Stuff link and then click
on the Past Bids link. 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.
Partial
Payment
There
will be NO partial payments allowed for an auction. All auctions must
be paid in full according to the specified payment process. 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. 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
Pick-up cannot be made until the City receives payment from PayMac. This will be no sooner than the Friday of the week following when payment was made.
Upon payment, you will receive a receipt from PayMac.
You must wait at least one week from payment receipt before contacting the responsible party listed for the auction item to arrange for a mutually convenient pick-up time. You must bring personal identification, such as a Driver License, to the pick-up location or the auction item(s) will not be released to you.
If you are picking up an item for someone else, you will need to bring the Notice of Award or 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 identification.
In addition, the winning bidder must send an e-mail from the winning bidder’s e-mail address used for the auction, stating that the authorized representative is permitted to pick-up the item on their behalf.
Bid Deposits
The City of Everett 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.
Buyers Premium
A Buyers Premium may 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.
State/Local Sales and/or Use Tax
Public Surplus must collect sales tax unless the Buyer has provided a valid tax-exempt reseller certificate to the City of Everett prior to payment. If applicable, the sales tax will be visible during the bidding process and will be included in the payment specified.
Removal
Buyer must remove auction item(s) from the agency premises within fifteen (15) business days after the City receives payment from PayMac. 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 of 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 the City of Everett assume responsibility for packing, loading or transporting. For additional information, please contact the Procurement Department, 425-257-8901, bids@everettwa.gov.
Vehicle Titles
The City of Everett will issue a title or certificate upon receipt of payment and removal of vehicle or equipment. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. The City of Everett 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 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, the City of Everett 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 the bidder has read, fully understood and accepted these Online Sales Terms and Conditions, and agrees to pay for and remove the property, if the bid is accepted, by the dates and times specified.
STRICTLY AS-IS. All items are sold strictly AS-IS. The buyer is 100% responsible for inspecting any item purchased. All items are surplus, which may mean that the items are old, have defects, or may have other problems. The buyer must inspect and verify that the items are usable and safe.
Release of Liability
The City of Everett hereby informs the Bidder/Buyer that there may be risk of bodily injury or damage to property in regard to the use or operation of equipment, machinery or other surplus items obtained from the City. Bidder/Buyer releases and holds the City of Everett harmless from any and all liability for damages or injuries or losses arising out of the use or operation of the purchased item(s) by the Bidder/Buyer or any other person.
Assumption of Liability
The Buyer shall
assume all liability for the property after award is made. The City
of Everett will exercise its usual care for protection of the item(s)
up to the time of removal but will not be responsible for any loss or
damage.