SALE
OF EQUIPMENT AND/OR VEHICLE(S) THE CITY OF COTTONWOOD, AZ
TERMS
AND CONDITIONS of Sale: The sale of City equipment and/or vehicle(s)
is in an "As-Is, Where-Is" condition, with all faults and
without warranty. The description of the equipment and/or vehicle(s)
offered for sale has been compiled from data available but there is
no guarantee or warranty on the part of the City as to condition,
description of the equipment and/or vehicle(s) or quality. The City
reserves the right to withdraw any equipment and/or vehicle(s) being
offered for sale. All costs associated with sale of the equipment
and/or vehicle(s), including but not limited to loading, freight,
insurance, shipping of equipment and/or vehicle(s) and taxes are the
successful Bidder's responsibility. The sale of the equipment and/or
vehicle(s) will be to the highest responsive and responsible Bidder.
There shall be no refunds or adjustments on the successful Bidders
price. All sales are final.
Errors & Omissions: The
City is not responsible for any omissions or errors in the
description of the equipment and/or vehicle(s) offered for sale. It
shall be the bidder's responsibility to inspect and satisfy
himself/herself as to the details and conditions of material
offered.
Inspection: The City shall have the equipment
and/or vehicle(s) available for inspection by appointment only and
prior to the start of bidding. Equipment and/or vehicle(s) will be
available for viewing from 8:00 A.M. - 5:00 P.M. for two (2) days
before putting the equipment and/or vehicle(s) up for bid. Bidders
must adhere to the inspection dates and times indicated in the
equipment and/or vehicle(s) description and contact only the
person(s) listed to schedule an inspection.
Bids: Bids
submitted shall remain firm for a period of five (5) days following
the closing date of bids. The City reserves the right to withdraw any
equipment and/or vehicle(s) from the sale up until the time the sale
of the equipment and/or vehicle(s) is awarded. The City reserves the
right to set a Reserve Price on any equipment and/or vehicle(s). The
City further reserves the right to advertise for new bids if, in the
judgment of the City, the best interest of the City will be promoted
thereby.
Award of Sale Item: The Buyer agrees that a
legally binding contract was established between the City of
Cottonwood and the bidder at the time of bid. The City of Cottonwood
will pursue legal remedies allowed by law against any bidder who
fails to make required payments.
Removal: All items must
be removed within 14 calendar days from the time and date of issuance
of the Notice of Award. Purchases will be released only upon receipt
of payment as specified. 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. Under no circumstances will City of
Cottonwood assume responsibility for packing, loading or shipping.
Property may be removed between the hours of 8:00 A.M. and 4:00 P.M.,
Monday through Friday, excluding legal holidays.
FAILURE
TO PICK-UP: Property paid for but not picked up by the original
bidder shall be held for 30 days. The City may assess a storage fee
during this time, which the bidder will be responsible for paying in
order to release the stored item(s). In the event the 30 days storage
period passes, the City reserves the right to dispose of the item in
order to fulfill the debt. Any excess monies received by the City are
deemed consideration for excess effort to dispose of item.
Shipping:
All items sold must be picked up at the location noted on the website
and the Notice of Award. The City is not equipped to ship items, or
prepare items for shipping. Winning bidders will be solely
responsible for pick-up or shipping arrangements, and all associated
costs. The city 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 for the city location at
which such items are being picked up.
Payment
Terms: PayMac. a
third-party payment processing company, receives all
payments for Agency Name. Payment for an awarded
item must be received within five (5) business
days after the date of 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 partially pay for an auction by Credit Card and pay the remainder by another payment method, such as a wire transfer. All credit card payments must be made using a single credit card.
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 and ask for wire instructions or request the instructions via live chat. These instructions will be emailed to you. Please follow them exactly to ensure prompt payment.
Pick-Up and Third Party Pick-Up Procedures
Upon receipt of payment, You will be notified by email sent to the address You provided at registration with Publicsurplus.com. You may then contact Agency Name and arrange for a mutually convenient pick-up time. You must bring to the pick-up location (1) the Notice of Award, (2) the Paid Receipt and (3) personal picture identification (such as a Driver License). You must present all three identification items at the scheduled pick-up, or the auction item(s) will not be released to you.
2. If you are picking up an item for someone else, you will need to bring the Notice of Award and 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 picture identification. In addition, you must arrange for the winning bidder to send an e-mail from the winning bidder e-mail address used for the auction, stating that you are authorized to pick-up the item.
ANY
BIDDER WHO, FOR ANY REASON FAILS TO MAKE PAYMENT ON EQUIPMENT AND/OR
VEHICLE(S) WITHIN THE SPECIFIED TIME FRAME SHALL NOT BE ALLOWED TO
BID ON FUTURE AUCTIONS. ALL PURCHASED EQUIPMENT AND/OR VEHICLE(S)
MUST BE REMOVED BY SUCCESSFUL BIDDER WITH NO DEBRIS OR UNWANTED
EQUIPMENT AND/OR VEHICLE(S) LEFT AT THE PICKUP LOCATION. ANY BIDDER
WHO FAILS TO REMOVE ALL EQUIPMENT AND/OR VEHICLE(S) WITHIN THE
SPECIFIED TIME FRAME 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. Currently, that amount is 9.85%.
Buyers that are exempt from Transaction Privilege (Sales) Tax must
present a completed Exemption Certificate - General (Sales to a
Business, Native Americans, Government Entity or Nonresidents) [Form
5000] at the time of payment.
http://www.azdor.gov/ADOR_Forms/60-69/60-2010_fillable.pdf . Failure
to provide a complete and valid form at the time of payment will
subject the buyer to all applicable sales tax. All sales are final,
no refunds or adjustments will be made.
Surcharge:
A TEN AND ONE-HALF PERCENT (10.5%) SURCHARGE will be added to all
purchases made. The surcharge is the cost to the city for the
utilization of the third-party Web site provider. The buyer shall
include the surcharge amount when making payment.
DEFAULT
BUYERS: Any bidder who fails to pay for an awarded auction or fails
to pick up property that has been awarded and paid for shall not be
allowed to bid on future auctions with the City of Cottonwood. In
addition, the City of Cottonwood reserves the right to block bidders
from participating in City auctions if they have defaulted on
auctions with other public entities. Bidders will be blocked by
username, registered name and registered email address. Blocked
bidders shall not be allowed to bid on, pay for, or pickup any
auction item.
WITHDRAWAL: The City of Cottonwood reserves
the right to withdraw any item from the sale up until the time the
sale of the item is awarded. The City of Cottonwood reserves the
right to set a minimum bid on any item.
Indemnification:
Buyers agree to indemnify and hold harmless the city 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
city, its former, present and future agents, employees, officers,
officials and legal representatives (collectively know as "the
city") from any liability arising out of the sale and/or
concurrent negligence of the city 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 city owned
property.
Liability: The successful Bidder shall assume
all liability for the equipment and/or vehicle(s) after the award is
made and the City is not responsible for any loss or damage to the
equipment and/or vehicle(s) upon sale. The equipment and/or
vehicle(s) shall not be removed from the possession of the City prior
to full payment.
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 Applicable Law: Any contract resulting
from the bid for the equipment and/or vehicle(s) will be governed by
the laws of the State of Arizona. Finance Department 816 North Main
Street Cottonwood, Arizona 86326
Buyer Premium
A Buyer Premium of 8.5% will be added to the final sale price with a $1 minimum charge per auction to collect payment. The premium will be visible during the bidding process and will be included in the payment required.
*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*