Wyoming Department of Transportation Terms and Conditions for Online Sales

ALL BIDDERS AND OTHER PARTICIPANTS OF THIS AUCTION AGREE THAT THEY HAVE READ AND FULLY UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND THEREBY.

Conditions of Sale

Warranty:

Sale of all surplus property is, as is and where is, with all faults and without warranty. The Wyoming Department of Transportation 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 regulations of the equipment being sold. Descriptions of items appearing in this online auction are believed to be correct. Neither those descriptions, nor any oral statements made concerning any item, shall be considered as a warranty, expressed or implied.

The Wyoming Department of Transportation 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, loading, freight unless otherwise indicated. Note: No refunds or adjustments will be made on any award(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.

The Wyoming Department of Transportation reserves the right to disallow participation in the online auction by any web site user or bidders at any time for violating applicable laws, ordinances, terms and conditions listed here, or for activity deemed unacceptable by The Wyoming Department of Transportation

Inspection: The responsibility to determine the condition of the property rests with the bidder. Prospective bidders are invited to inspect the property 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.

A four to seven percent (4% to 7%) Sales Tax will be added to non-vehicle auction items, depending on the Wyoming County location of the item.

A seven percent (7%) surcharge shall be added to all purchases made. The surcharge is the cost to The Wyoming Department of Transportation for the utilization of the third-party Web site provider. The buyer shall add and include the surcharge amount when making payment.

The Wyoming Department of Transportation reserves the right to withdraw any equipment and/or vehicles from the sale up until the time the sale of the equipment and/or vehicles is awarded. The Wyoming Department of Transportation reserves the right to set a minimum bid on any equipment and/or vehicles. The Wyoming Department of Transportation further reserves the right to advertise for new bids if, in the judgment of the Department of Transportation, the best interest of the Department of
Transportation will be promoted thereby.

The successful bidder shall be required to remit payment within five (5) business days after notice of successful bid and remove the property within ten (10) business days from the date of the successful bid. Property may be removed between the hours of 8:00a.m. and 3:00p.m., Monday through Friday, excluding legal holidays.

No property may be claimed or removed prior to making full payment. Purchases will be released only upon receipt of payment as specified. Bidders should verify winning status before traveling to the Department of Transportation location.

Payment Terms: PayMac, is the third-party payment processing company receives all payments for the Wyoming Department of Transportation. Payment for an awarded item must be received within five (5) business days after 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 credit card, please follow the instructions below. The credit card limit per transaction is $4000.00. For payments larger than this amount, follow the instructions listed under Wire Transfers.

Payment by Credit Card:

Login to 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 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 Transfer:

For payments over $4000.00, 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. Wire Transfers take up to 48 hours to process.

If the purchaser fails to pay for the property within five (5) business days, the surplus property purchased may be promptly re-sold in such manner as The Wyoming Department of Transportation may elect and the defaulting purchaser may be charged with any loss or additional costs incurred and shall not be allowed to bid on future auctions.

Taxes: Any and all taxes, federal, state and local, due on the sale of the equipment and/or vehicle(s) shall be paid by the successful bidder.

Indemnification: Buyers agree to indemnify and hold harmless the State of Wyoming and The Wyoming Department of Transportation 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 the Department, its former, present and future agents, employees, officers, officials and legal representatives (collectively known as “the Department”) from any liability arising out of the sale and/or concurrent negligence of the Department 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 Department owned property.

Liability: Items are offered for sale using the services and web site of the online auction services contractor. Under no circumstances will the Department 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, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information. The Wyoming Department of Transportation 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 Department of Transportation reserves the right to cancel any sale, even if an award notification e-mail has been received. The Department of Transportation cannot and will not guarantee uninterrupted access to the auction system.

Sovereign Immunity: The State does not waive sovereign immunity and specifically retains immunity and all defenses available to it as sovereign pursuant to Wyoming Statute 1-39-104(a) and all other applicable law.

Applicable Law: Although this site may be accessed from any state, bidders who participate in this auction agree that the laws of the State of Wyoming shall govern all matters relating to the use of this auction and purchase of items listed by The Wyoming Department of Transportation on this site.

Wyoming Department of Transportation

Office of the Purchasing Manager

5300 Bishop Blvd.

Cheyenne, WY 82009