City of Farmington Terms and Conditions

For Public Surplus Purchases 

 

ALL ITEMS ARE SOLD AS IS, WHERE IS. THERE ARE NO EXPESSED OR IMPLIED WARRANTIES ON ANY ITEMS LISTED.

GENERAL: Items are offered for sale by the City of Farmington, herein referred to as "Seller". In making the offer, a third-party web site provider, Public Surplus, LLC., is utilized. Individual(s) submitting bid offers are identified herein as "Buyer(s)".

PAYMENT: PayMac, a third-party payment processing company, receives all payments for City of Farmington. 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 "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 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.

 

Failure to purchase items awarded may result in a permanent ban from future auctions and result in closure of Buyer's Public Surplus account. Buyers must be prepared to show proof of identity at time of payment and pick up. All sales are subject to Seller confirmation.

ADDITIONAL FEES:

Gross Receipts Tax: New Mexico gross receipts tax will be added to all purchases except for vehicles that will be registered for use on public highways. Tax exempt buyers must submit a valid exemption certificate to the City of Farmington prior to making payments.

Buyers Premium: A Buyers Premium will be added to the final sale price with a $1 minimum charge per auction for payment collections.

REMOVAL: WE DO NOT SHIP ITEMS. Items are available for local pick up only. If you require shipping, you must arrange pickup, packaging, insurance and delivery with the carrier of your choice. Unless otherwise specified, the pickup location is:

City of Farmington Central Warehouse

101 Browning Parkway

Farmington, NM 87401

 

Pickup times are Monday through Friday between 9:00 am and 3:30 pm, holidays excluded. The warehouse is within a gated compound. Register at the guard building to obtain access.

 

The item purchased immediately becomes the responsibility of the purchaser at the time of award. The Seller will execute its usual care for protection up to the time for removal, but will not be responsible for any loss or damage whatsoever. No property may be removed by the purchaser prior to making full payment. The Buyer is required to provide personnel to load the items purchased onto the Buyer's vehicle. At the Seller's discretion, the Seller may provide forklift assistance for the loading of certain items.

 

All items must be removed within ten (10) business days following the close of auction for the awarded item(s). Starting the eleventh (11) workday, a storage fee of 15% of the accepted bid will be assessed for each workday up to 30 calendar days, at which time we reserve the right to re-list or dispose of the item, or offer to the next high bidder. Any item left after the removal deadline, whether paid for or not, will be subject to resale or disposal without any obligation to refund any amount to the original Buyer.

 

Disposal of ANY items into Seller's waste containers is strictly forbidden and may result in legal action being taken.

 

REPRESENTATION AND WARRANTY: ALL ITEMS ARE SOLD AS IS, WHERE IS. THERE ARE NO WARRANTIES AS TO MERCHANTABILITY OR FITNESS OF USE, EITHER EXPRESSED OR IMPLIED, ON ANY ITEM IN THIS SALE. All descriptions of items in this sale are believed to be correct, and we have tried to describe each item to the best of our ability, but we do not always have first-hand knowledge of the items sold. All items are sold with the possibility of missing parts or components unless specified in each item's auction. Any costs to make an item functional are the responsibility of the awarded bidder. NO REFUNDS SHALL BE MADE.

CONTACT INFORMATION: For questions, inspection of equipment, or pick-up arrangements, contact the Central Warehouse at 505-599-8405, or e-mail auction@fmtn.org.

HOLD HARMLESS: Buyer agrees to indemnify and hold harmless Seller for any and all damages, claims or liability for injuries to persons or property caused during the sale or by the removal of the item. Purchaser must understand that he/she is buying the property entirely upon his/her own examination, evaluation, or opinion based on the information given in each item�s posting. The Seller assumes no responsibility for any accidents on Seller's or other property.  

LEGAL: Technology equipment, such as computers, is not sold with the intention to transfer ownership of any software or operating system. Hard drives are formatted or removed. The Seller is not licensed to sell software and cannot provide software to a Buyer. If residual software exists, it is by oversight.

SALE OF VEHICLES: Odometer/Hourmeter readings are represented to the best of our knowledge. Actual usage of parts, engines, transmissions, etc. may be higher or lower as vehicles have undergone repairs and replacements of vehicle components. Titles for vehicles will be available for pickup with proof of payment. However, the Seller reserves the right to hold titles and vehicles thirty (30) business days after payment is made in certain circumstances and will notify buyer if the title and/or vehicle will be Held.

WITHDRAWL OF ITEMS: Despite our efforts to avoid withdrawal of items from the sale after they have been advertised or offered, it may become necessary. Therefore, the Seller reserves the right to remove any, all, or any portion of items from sale or auction. If the bid for an item unexpectedly exceeds $2,500.00, the item may not be awarded until City Council approval. Winner will be notified if and when City Council approves the sale.

BIDDER REJECTION: The Seller reserves the right to refuse any or all bids.

DISPUTE: If any dispute arises over price, quantity or between bidders, the Seller reserves the right to settle any and all such disputes and their decision shall be final. If there is a possibility of a tie for a single item, the bid is awarded to the Buyer with the earlier placed bid.

BIDDING: Persons who are under the age of 18 years are not eligible for bidding. Please refer to Public Surplus' terms and conditions. A detailed explanation of the Public Surplus bidding process can be found on the Public Surplus website under Help/Buyer information.

DONATIONS: Items not sold during the public auction may be eligible for donation to 501(c)(3) non-profit organizations, governmental units, or an Indian nation, tribe or pueblo in New Mexico. If interested, please contact the Central Warehouse at 505-599-8405

PRIVACY: Information gathered is used for the purpose of conducting the auction sale and will not be used for any unrelated purpose. Personal information will not be released to any other party, except as required by law.

WEB SITE LIABILITY: Items are offered for sale using the services and web site of Public Surplus, LLC. (www.publicsurplus.com). Under no circumstances will the Seller 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.

EMPLOYEE PURCHASES: To avoid any potential appearance or perception of impropriety, City of Farmington employees will not be eligible to bid on or purchase certain surplus items listed on the City's on-line auction. These certain items include those that originate in the same division, unit or area in which the employee works. In addition, employees authorizing the decision to surplus items for auction are not eligible to bid on those items which they authorize. Exceptions are as follows:

1) Fleet units are open to all employees except employees responsible for fleet management decisions.

2) Computers and computer-related equipment is open to all employees except Information Services personnel.

3) Police confiscated and unclaimed items (Evidence) released for auction are open to all employees.

If an employee is in doubt or unsure about bidding or not bidding on an item, it is advised to favor towards the cautious side and not bid on the item. See the auction item code following the item's description for the item's originating area.

*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*