Terms & Conditions

CITY OF CHICAGO - ONLINE AUCTION TERMS AND CONDITIONS

PLEASE READ THIS DOCUMENT CAREFULLY! For questions or assistance, please call the City of Chicago auction staff at 312-745-4140 between 8:00 am and 3:00 PM Monday through Friday or email the City of Chicago contact person listed on the auction. For urgent issues only, please email steve.loboda@cityofchicago.org.

REQUESTS TO WITHDRAW/RETRACT BIDS ON ACTIVE AUCTIONS MUST BE SUBMITTED IMMEDIATELY BY EMAIL TO Lucious.Jones@cityofchicago.org and steve.loboda@cityofchicago.org AND MUST BE RECEIVED AT LEAST 90 MINUTES PRIOR TO THE CLOSING OF THE AUCTION. A FOLLOW-UP CALL TO 312-745-4140 MUST ALSO BE MADE, AND A VOICEMAIL MESSAGE LEFT, IF NECESSARY. Requests received during the last 90 minutes of the originally scheduled auction end time/date may not be accepted or completed. Note: Once a bidder has had a bid retracted per their request, they may no longer place bids on the related auction.

PART I - GENERAL AUCTION AND PAYMENT TERMS

City of Chicago Online Surplus Auction Program is open to the general public, unless otherwise stated in the auction description and in the Auction Affidavit that must be signed by every winning bidder. Auctions that are limited to pre-qualified bidders will require submission of licenses and other documentation, subject to approval by the City of Chicago. Please note that City of Chicago employees and their relatives will not be permitted to bid or participate in auctions. Bidders must be of legal age to participate and/or enter into a contract with the City of Chicago. By submitting a bid on a City of Chicago auction, you certify that: (i) you are the person listed in the Public Surplus profile; (ii) you are legally competent to submit your bid; (iii) if submitting a bid on behalf of a legal entity, you are duly authorized by that entity to submit a bid on the auction; and (iv) if submitting a bid on behalf of a legal entity, your bid submission has been made with complete and full authority to commit that entity to all of the terms and conditions of these Online Auction Terms and Conditions, including each and every representation, certification, and warranty contained herein.

ALL SALES ARE FINAL. There are no refunds or exchanges. The City of Chicago reserves the right, to reject any and/or all bids if the public interest may be served thereby. The City of Chicago also reserves the right to withdraw an auction at any time, including during and after the bidding process. The City of Chicago also reserves the right to extend any auction.

ALL ITEMS IS BEING SOLD "AS IS", WITH NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

At the conclusion of bidding, the successful bidder must submit full payment within five (5) business days of the auction close date/time. Cash, cashier's checks, certified checks, money orders and credit card payments are accepted at City of Chicago Revenue Centers (see locations below) and credit card payments (up to $20,000) are also accepted online through Public Surplus.com using the link provided on each auction. Cashier's checks, certified checks and money orders MUST BE MADE OUT TO "The City of Chicago". (Credit card payment information directions are shown below). Third party payments are not accepted on any auctions. The winning bidder (or business) listed in the User Profile (bidder) on PublicSurplus.com MUST make payment. Third party payments may result in default of the bidder/auction. Failure to submit payment within the specified time may result in default, with the bidder being blocked from participation in future City of Chicago auctions. Should the bidder default of the auction due to failure to pay in full and/or facilitate item removal by the specified time, their bid deposit will be forfeited.

IMPORTANT PAYMENT CHANGES - PLEASE READ! No payments are not accepted at the Salvage Yard or by US Mail or Express Delivery Services. All Auctions with end dates of January 15, 2019 (or later) will be subject to this change.

Please bring your Public Surplus Winning Bidder Notice (emailed by Public Surplus pursuant to the auction) with your payment to ensure prompt processing of the sale for payments made at City of Chicago - Department of Revenue locations.

Payments must be made either by cash, Cashier's Check, Money Order, Money gram or credit card at one of the following four Revenue Payment Center locations:

Satellite Payment Centers

- 4770 South Kedzie

- 4445 North Pulaski

- 2006 East 95th Street

9:00a.m. - 5:00p.m. (M-F)

City Hall

121 North LaSalle, Room 107A

8:00a.m. - 5:00p.m. (M-F)

Credit card payments can also be facilitated online (up to $20.000) through the Public Surplus auction website. The name/business name on the credit card must match the winning bidder's name/business name listed in their Public Surplus User profile at the time of the auction end date. In addition, the credit card billing address entered by the winning bidder at time of payment must match the billing address on file with the credit card provider, or it may be rejected. 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 been accepted. This receipt must be provided by you or your designated transport provider in order to have the City of Chicago staff release the auction item(s).

Buyers are required to complete and submit the Online Auction Affidavit (or Scrap Vehicle Online Affidavit, if appropriate). The Online Auction Affidavit is in PDF format and can be found in the attachment section of the specific auction under the auction pictures. The completed affidavit is to be emailed to the Salvage Operations (see link on auction) personnel prior to removal of item(s) and in hard copy format at the time of merchandise pick-up. In situations where this process is not feasible, please mail or fax the documents as follows: Department of Procurement Services, 121 North LaSalle Street, Room 806, Chicago, Illinois 60602, and Attn: Salvage Operations (fax number 312-744-0010). All affidavits must be signed by the winning, registered User/bidder on PublicSurplus.com. and must be received prior to removal of any equipment or materials.

PART II - SALE DOCUMENTATION

The Bill of Sale and, if applicable, the title to the equipment/vehicle (or any other related documents), may not be issued to the winning bidder until the funds have been collected by the Department of Revenue and have cleared the bank (and not prior to removal of merchandise purchased). You must provide your original City of Chicago Department of Finance (Revenue) Payment Center Receipt along with your Public Surplus Winning Bidder Notice and signed Affidavit at time of equipment payment and pick-up, unless otherwise agreed to by the City's auction staff. Any other applicable documentation will be provided to the winning bidder at the time of or after removal of the equipment.

Winning bidders are advised that any and all titles associated with the auctioned equipment will be filled out by the City of Chicago representative, after payment and at the time of pick-up and removal. This process includes inserting the name/business name and address of the winning bidder (as shown on their PublicSurplus.com User profile - aka User Profile) and exceptions will not be made. The City of Chicago does not send titles by mail; requests to receive titles other than at time of merchandise removal will need to be made via email to steve.loboda@cityofchicago.org. and will be addressed on a case-by-case basis. Any expenses related to alternative delivery of titles will be the responsibility of the winning bidder.

Bidders should check that their User profile information is correct prior to bidding to ensure that the title is assigned properly at the time of pick-up. This directive applies to both individuals and businesses bidding on City of Chicago auctions. Note: Inserting the phrase "Title to" (or similar language) in your Public Surplus User Profile is not accepted or recognized by the City of Chicago. The name of a representative, authorized to bid on behalf of your company, must be included in the User Profile under the "Name" section, along with the name of your business. The City of Chicago reserves the right to verify the representative's affiliation with the listed business name, by whatever means is deemed necessary and appropriate.

PART III - INSPECTION AND DESCRIPTION INFORMATION

The auction item description and listing information have been included to assist in identifying the item being auctioned and related auction details. This information has been compiled from the information that is available to the City of Chicago auction staff at the time of online posting of the auction and is not warranted to be accurate. All interested parties are encouraged to inspect the item(s) delineated in the item description, to verify the accuracy of the described item's information and auction details. The City of Chicago is not responsible for any omissions or errors in the description and condition of the property and the auction details listed in the online auction posting.

Bidders have the opportunity to perform on-site inspection of equipment and materials that are posted for auction (see appointment scheduling requirements below). All persons entering the Salvage Yard may be required to provide legal identification. Caution should be taken to carefully review the item description of posted auctions. All questions regarding equipment that is posted for auction online MUST be submitted to the PublicSurplus.com website using the auction question/answer functionality; we recommend that you research the item prior to submitting a bid. We want this to be a successful program, so please use good judgment when bidding on auction items. IMPORTANT: Inspection times may be limited to 30 minutes and starting vehicles and/or powering up equipment is NOT permitted as part of the inspection process, nor is removal or manipulation of parts. Bidders are welcome to retain third party inspection services, but they must not have a direct connection to City employees or their immediate relatives or currently participate on City of Chicago contracts, directly or indirectly. Advance appointments are required in writing prior to all inspections, including third party inspections; please email the "Auction Contact" listed on the auction to schedule inspections.

Personal and Property Risk: Persons accessing any City of Chicago auction locations during exhibition, sale or removal of goods, assume all risks of damage of, or loss to person and property and specifically release the City of Chicago and PublicSurplus.com from liability therefor. For safety reasons, persons under the age of 18 are not permitted in the City of Chicago Salvage Yard (10101 S. Stony Island, Chicago, IL 60617) or any other ancillary auction locations.

PART IV - ITEM REMOVAL TERMS

**IMPORTANT***Appointments are required for access to the Salvage Yard located at 10101 S. Stony Island, for site visits, drop-off of documents and pick-up/removal of equipment and materials. Any person(s) removing equipment from the Salvage Yard, or any off-site auction pick-up location, will be required to show a current driver's license (or other legal ID, if appropriate). Please email the contact listed on the auction to schedule your appointment. For auctions with pick-up and inspection locations at other City of Chicago facilities, an email should be sent to the contact listed on the auction for inspection and pick-up. Please arrive to your scheduled appointment on time; questions and concerns regarding this process can also be addressed by calling 312-745-4140.

Upon arrival, please park and proceed to the trailer. Your completed affidavit and payment receipt should be submitted by email prior to the scheduled appointment; original payment receipt (or copy, if credit card payment) and affidavit hard copies should be presented to the City auction representative at time of pick-up/removal, unless otherwise stipulated by the City. Pick-up/removal activities are limited to the pre-scheduled time frame. Times may be extended or shortened for specific situations or for health and safety reasons, at the City auction staff's discretion.

The winning auction bidder is required to remove the purchased item(s) within ten (10) business days of the auction end date/time. Bidder must furnish the labor and equipment to remove the auction item (unless otherwise stated in the specific auction listing). Should the bidder choose to use a third party to remove and transport the purchased item(s), bidder must ensure that the third party has a copy of the Public Surplus winning bidder email Notification and original hard copies of the payment receipt and affidavit (unless previously received by the City). Bidders who authorize a third-party shipper must email or fax their authorization to the City of Chicago auction contact shown on the auction. Emails must be sent from the same name and email shown on the bidder's online PublicSurplus.com User profile and must include a scan of the matching legal ID (license/ID numbers can be redacted). Faxes must be signed by the bidder shown on the bidder's online PublicSurplus.com User profile and also include a copy of legal ID. Further, you certify that: (i) you are the person listed in the Public Surplus profile; (ii) you are legally competent to submit your bid; (iii) if submitting a bid on behalf of a legal entity, you are duly authorized by that entity to submit a bid on the auction; and (iv) if submitting a bid on behalf of a legal entity, your bid submission has been made with complete and full authority to commit that entity to all of the terms and conditions of these Online Auction Terms and Conditions, including each and every representation, certification, and warranty contained herein.

Third party transporters/shippers that are picking up equipment on behalf of winning bidders will be required to provide a legal Driver's License at time of equipment removal.

The City is not responsible for any theft or damage to the vehicles/equipment after the 10 business-day time limit for payment and removal expires.

The winning bidder of an auction, or any third party authorized to inspect and transport equipment by the winning bidder, is responsible for verifying that the equipment being removed from the Salvage Yard (or any other auction pick-up site) matches the equipment identified in the awarded auction. This includes verification of vehicle VIN numbers, unit numbers and item quantities.

If the bidder fails to meet the deadline to remove the purchased item(s), the City may charge the bidder a storage fee of $25.00 per item per day, payable prior to pickup of the purchased item. The City may deem it necessary to move the item(s) to another location; bidder will be responsible for the costs incurred by the City to transport, dismantle and store the item. In such an event, the City shall not be responsible for any item damaged by such removal and, if the bidder has not made arrangements to pick up the item within thirty (30) calendar days and pay any and all applicable storage fees, the bidder shall be deemed to have ceded ownership to the City. Thereafter, and the City may dispose of the item as the City deems reasonable and retain any proceeds therefrom.

PART V - INDEMNIFICATION

Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold the City of Chicago harmless from and against any claim, demand or cause of action arising or alleged to have arisen out of the sale or failure to sell any item of surplus property including claims for personal or bodily injury, death or contract damages.

PART VI - BIDDER DISQUALIFICATION

The City reserves the right to disqualify and block bidders submitting frivolous bids. Bidders may also be disqualified from bidding due to late payment, failure to remove sold items as directed, incomplete and/or inaccurate registration information, inappropriate questions or comments on the website, prior record of auction misconduct (including other agencies) and/or any behavior deemed disruptive to the auction process. Bid deposits will be forfeited should the bidder default on a specified auction(s) due to non-payment.

Additional Terms and Conditions may be included on specific auction postings; please be sure to completely review all information listed on, attached to, or linked to any specific auction.

Good luck and thank you for supporting the City of Chicago Online Surplus Asset Auction Program!