Terms
and Conditions
1.
The Buyer certifies that bids are made without prior understanding,
agreement or accord with other person submitting a bid for the same
item and that this bid is in all respects bona fide, fair and not the
result of any act of fraud or collusion with another person.
2.
Award will be made to the highest responsive and responsible
bidder.
3.
The City reserves the right to reject any and/or all bids if the best
interests of the City will be served.
4.
Each bid is received with the understanding that the acceptance by
the City shall constitute a contract between the Buyer and the
City.
5.
In event of default by the Buyer, the City reserves the right to sell
or otherwise dispose of the items through other means, and may hold
the Buyer liable for any excess cost, lost revenues or expenses
occasioned thereby.
6.
The Buyer guarantees to save the City, its agents or employees,
harmless from liability of any nature or kind in the sale of or
Buyer's use of the property. The City has made no representations of
risks involved in removing the materials from the site, and the Buyer
assumes all risks in doing so. The City relies on all immunities,
privileges and defenses.
7.
Applicable Law and Courts: All purchases are governed in all respects
by the laws of the Commonwealth of Virginia and any litigation with
respect thereto shall be brought in the courts of the Commonwealth.
Buyer shall comply with applicable federal, state and local laws and
regulations.
8.
Warranties and/or Representations: The City makes no warranties or
guarantees, expressed or implied, as to the condition or quality of
the items offered or fitness for particular purpose or fitness for
use in general. The responsibility as to condition of the property
rests with the Buyer. Under no circumstances will a refund or
adjustment be made as a result of property failing to meet Buyer's
expectations. Sale is "as is, where is" without warranty.
There is no guarantee or warranty on the part of the City as to
condition or quality; or that the property offered, or a portion
thereof, may not be withdrawn prior to the sale. Except as stated
herein, the City will furnish no service of any kind, and the Buyer
shall assume any cost of removing property from the site.
9.
All sale items are to be paid for within five (5) business days of
award notice and be picked up and removed within five (5) business
days after payment is received.
10.
The City reserves the right to award any item to a succeeding Buyer,
should highest Buyer fail to pay for and remove any item from city
property within the prescribed time period contained herein. The City
reserves the right to hold highest Buyer responsible for any lost
revenue or expenses incurred to a Buyer's default.
11.
The City reserves the right to charge a storage fee of $25.00 per
item, per day in excess of the time allowed. The City also holds as
an option to have vehicles towed off the lot at the owner's
expense.
12.
Notice of Award: Successful Buyers will receive a Notice of Award by
email from PublicSurplus.com Payment. Public Processing, LLC. a
third-party payment processing company, receives all payments for
City of Newport News. 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.
13.
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.
14.
Pick-Up and Third Party Pick-Up Procedures: Upon receipt of payment,
Buyer will be notified by email sent to the address provided at
registration with Publicsurplus.com. You may then contact City of to
schedule pick-up according to the requirements included with the
auction. 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.
Vehicle
titles will be filled out in the winning bidders name only along with
the sale price and odometer information. If the winning bidder is a
dealer, titles will be filled out accordingly and a dealer name and
identification number must be provided when picking up the
vehicle.
If
you plan to have a third party pick up an item, you will need to
provide them the paid receipt (photo copies are acceptable), plus
authorization or pre-authorization to pick up the item on your (the
winning bidders) behalf. They will also need to bring personal
picture identification.
15.
Shipping. We cannot ship any item(s). However, you may contact a
local carrier of your choice to pick-up, package, and ship your
item(s) for you. It will be your responsibility to follow the
Third-Party Pick-Up Procedures above to ensure that your item is
released.
16.
Bid Deposits. City of Newport News may require bid deposits in order
to ensure fairness to all Buyers. The deposit will be reversed if no
default occurs or the Buyer does not win the auction. The deposit
will be retained if the winning Buyer defaults.
17.
Buyer Premium. A Buyer Premium of 8%
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.
18.
Assumption of Liability: The purchaser shall assume all liability for
the property after award is made. The City will exercise its usual
care for protection up to the time of removal, but will not be
responsible for any loss or damage. "THE CITY DOES NOT PROVIDE
SECURITY FOR BID ITEMS ONCE THE BUYER HAS BEEN NOTIFIED. IT IS
RECOMMENDED THAT PAYMENT AND PICKUP BE MADE AS SOON AS
POSSIBLE."
19.
City Employees: Any person, whether an employee of the City of
Newport News, its school system, or otherwise, may purchase goods at
public auctions as long as the purchase price does not exceed
$500.00. No employee, or any member of his/her immediate family, may
purchase any item originating from within the department or agency
where he/she is employed.
