Loudoun
County, Virginia
Online
Surplus Sale Terms and Conditions
Sale of Surplus: Items
are offered for sale by the County of Loudoun, Virginia (County) through a
third-party website provider, PublicSurplus.com (Website). Individual(s) submitting
bids are identified herein as Bidder(s). Individual(s) selected by the
County to purchase item(s) on which they have bid are identified herein as
Buyer(s).
Timeframe: Auctions
timeframe for bidding and pickup times may vary from month to month. It is the
Bidders and Buyers responsibility to follow the timeframes listed within each
auction.
Consideration of Bid: The County reserves the right to
reject any and all bids and to withdraw from
sale any property listed and/or to waive all informalities.
Communication: All communication related to
auctions shall be
directed via email using the email link located at the top of the auction under
the auction contact section.
Bidders' Responsibilities: All
Bidders shall be a minimum of 18 years old. Bidders are responsible for keeping
account information current including email address and other contact
information.
Buyers Responsibilities: All Buyers are required to email
all required documents prior arrival to the Surplus location for pickup within
timeframe stated in the auction. Otherwise, the auction item(s) will not
be released, and service will be denied.
Submission of Bids: All
bids must be submitted in accordance with the procedures established by
PublicSurplus.com. A detailed explanation of the bidding process can be
found on the Website under Help/Buyers information. Bids submitted in any other
manner (i.e., verbal, telephone, fax, email, etc.) will NOT be accepted.
It is the responsibility of the Bidder to see that bids are submitted by the
specified time and date. No exceptions will be granted.
Bid Deposits: The County may require bid deposits
to ensure fairness and equity to all buyers as a way to decrease
default bidding.
Acceptance of Terms and Conditions: By submitting a bid, the Bidder
agrees that they have read, fully understand, and accept these On-line Surplus
Sale Terms and Conditions, and agree to pay for and remove the property, if the
bid is accepted, by the dates and times specified.
Award of Bid:
Award will be made to the highest responsive and responsible Bidder.
Guarantee/Warranty Waiver: All
property is offered for sale (as-is, where-is.) The County makes no
warranty, guarantee, or representation of any kind, expressed or implied, as to
the merchantability or fitness for any purpose of the property offered for
sale. The description of the property offered for sale has been compiled
from available data, but there is no guarantee or warranty on the part of the
County as to the actual condition or quality of the property. Be aware
that the County does not always have first-hand knowledge of the items being
sold. For those items available for inspection, Bidders are expected to examine
the property and determine for themselves the information they desire
concerning the property. The items purchased immediately become the
responsibility of the Buyer at the time they are sold by the County. Any
costs to make an item functional are the responsibility of the Buyer.
Items which require repair, maintenance, or additional investment are
also the responsibility of the Buyer.
Sales to Employees:
Items are available to the public and the County's employees at the same
time. County employees must use personal time to bid on items. Any
person involved in the Counties surplus operations may not participate in the
on-line auctions.
Conflicts of Interests Act: All
County employees are permitted to participate in the on-line Public Surplus
auctions for the public sale of Loudoun County Government surplus property.
However, bidding limitations have been established by the Virginia General
Assembly with the State and Local Government Conflict of Interests Act, Va.
Code 2.2-3100 et seq. (the Act). The Act prohibits Loudoun County
Government employees and their immediate family* from bidding on individual
line items where the bid will exceed $500.00. The cumulative value of
multiple line items may exceed $500.00.
*Immediate Family means (i) a
spouse and (ii) any other person residing in the same household as the officer
or employee, who is a dependent of the officer or employee or of whom the
officer or employee is a dependent (Va. Code 2.2-3101).
The successful bidder shall be
required to sign an Affirmation of Compliance form prior to receiving surplus
property when individual line items exceed $500.00.
Inspection
of Items: Most items offered for sale are used and may contain defects
not immediately detectable. Bidders may inspect the property prior to
bidding; however, not all items are available for inspection. Those items
available for inspection will include specific inspection instructions on the
auction page for the specific auction. Not all items are available for
inspection.
Personal and Property Risk:
Bidders and/or Buyers onsite during inspection or removal of goods assume all
risks of damage of or loss to person and property and specifically release the
County and Website from liability, therefore. The Buyer is to
assume liability for the property after the award is made. The County
will exercise usual care for protection up to the time of removal but will
not be responsible for any loss or damage whatsoever. Buyers are required to
remove all items within the timeframe specified in the auction. Auctions
timeframes may vary from month to month.
Buyer's Certificate: Successful Bidders will receive a
Notice of Award by email from the Website. The Notice of Award must be
presented at time of payment.
Sales Tax:
Virginia sales tax will be added to the successful Bidders offer for the sale
of non-licensed equipment. Where applicable, sales tax will be added to the
total bid price.
Website
Auction Fee: A Buyer Premium of 9.75% 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. This fee shall be added to total bid
price.
Payment. PayMac a
third-party payment processing company receives all payments for Loudoun County
Government. After Buyer receives Notice of Award of the successful bid,
payment for an awarded item must be received within timeframe listed in
the auction.
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 $4,000.00, a wire transfer
is required.
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 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. For
any additional wire transfer information email support at buyersupport@publicsurplus.com and ask for wire instructions or
request the instructions via live chat. Please follow them exactly to ensure
prompt payment.
Pick-Up and Third-Party Pick-Up Procedures
1. Upon receipt of payment, you
will be notified by email sent to the address you provided at registration with
Publicsurplus.com. You must contact Loudoun County Government by email using
the email link located at the top of the auction under auction contact section to
submit required documents and schedule pickup within the timeframe stated in
the auction. All items must be picked up within timeframe stated in
the auction. The following documents must be submitted via email:
a) Registered Buyer's Personal
picture identification (such as a Driver License or Passport).
b) Completed Affirmation of
Compliance required when any one item exceeds $500.00.
c) Some auction item(s) may require
completed Assumption of Risk. See details stated within your winning auctions.
d) Unsigned Auction Receipt by
email for buyer to sign upon arrival to Surplus location
e) For Vehicle Purchases only:
i) Title(s)
are made out to the person whose name/address appears as the winning bidder and
title will show actual dollar amount paid. If purchasing as a dealer, the
winning bidder must email using the email link located at the
top of the auction under auction contact a valid dealer's license and valid
dealer affiliation/salesman license in order for title
to show "Resale.
ii) If applicable, completed trip
permit for Loudoun County Government to sign and make a copy. The Buyer is
responsible for obtaining a trip permit from their local vehicle registration
authority.
After submitting all of the required documents and at the time of
scheduled pick up, the winning Bidder must present identification such as Drivers License, or the auction item(s) will not be
released to you.
2. If
the winning Bidder needs someone else to pick up their item, the winning bidder
is required to email the following required documents prior to 3rd party arrival, or
the auction item(s) will not be released.
a) Registered Buyer's Personal
picture identification (such as a valid Driver License or Passport).
b) Personal picture identification
(such as a valid Driver License or Passport) of the person picking up the
auction item(s).
c) Before property will be
released, the winning buyer will be required to send an email identifying the
representative authorized to pick-up paid item on their behalf. On the email,
please state the specific name of the individual (first/last name) picking up
on your behalf, and state that you "authorize this person to pick up the
paperwork and property on your behalf".
d) Completed Affirmation of
Compliance required when any one item exceeds $500.00.
e) Some auction item(s) may require
completed Assumption of Risk. See details stated within your winning auctions.
f)
Unsigned Auction Receipt by email for 3rd party representative
to sign upon arrival to Surplus location
3.
For Vehicle Purchases only:
i) Title(s)
are made out to the person whose name/address appears as the winning bidder and
title will show actual dollar amount paid. If purchasing as a dealer, the
winning bidder must email using the email link located at the
top of the auction under auction contact section a valid dealer's license and valid
dealer affiliation/salesman license in order for title
to show "Resale.
ii) If applicable, completed trip
permit for Loudoun County Government to sign and make a copy. The Buyer is
responsible for obtaining a trip permit from their local vehicle registration
authority.
After submitting all of the required documents and at the time of
scheduled pick up, the winning bidder must present identification such as Drivers License, or the auction item(s) will not be
released to you.
Vehicle Titles: The
County will issue a title or certificate upon receipt of payment. Titles
may be subject to any restrictions and/or discrepancies as indicated in the
item description on the online auction. Open titles cannot be
issued. The County will not issue replacement titles. The name and
address listed on the Buyer's account will be placed on the title. For the
title to read "resale", the Buyer must present a valid dealer's
license and affiliation of dealership.
Shipping. The
County cannot ship any item(s). However, the winning bidder may
contact a local carrier of choice to pick-up, package, and ship item(s). It
will be the winning Bidders responsibility to follow the Third-Party Pick-Up
Procedures above to ensure that awarded items are released.
Removal of Items:
All items must be removed within auctions timeframe stated in the auctions.
Auctions timeframe for bidding and pickup times may vary from month to
month. Property will only be released upon receipt of payment in full as
described above. Items purchased under the Auction will be released only to the
Buyer or the Buyer's authorized representative. In addition to the buyers
required documents, transport companies acting as the Buyer's representative
are required to email a valid drivers license and
bill of lading prior to scheduled time of pickup. Buyers are responsible for
loading and removal of all property awarded to them from the place where the
property is located as indicated in the individual auction. The Buyer
shall make arrangements and perform all work
necessary, including packing, loading, and transportation of the
property. Under no circumstances will the County assume responsibility
for or participate in packing, loading, or shipping. Property must be
removed within timeframe stated in the auction. The Buyer shall assume all
liability that may be incurred in connection with the removal of the property
from the premises. If the Buyer does not remove the property purchased
within the timeframes listed herein, the County reserves the right to retain
the payment received, and resell the property, keeping any proceeds from the
resale.
Default: Default shall include (1) failure
to observe these Terms and Conditions; (2) failure to make good and timely
payment within the specified time; (3) failure to remove all items within the
specified time; or (4) failure to provide all required documents by email using
the email link located at the top of the auction under auction contact section.
Default may result in termination of the sale and suspension from participation
in all future sales by the County. In addition, the County reserves the
right to block bidders from participating in County 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. If the Buyer fails in the performance of their obligations, the
County may exercise such rights and may pursue such remedies as are provided by
law.
Computer equipment:
Computers are sold by the component. All software and operating systems
are removed from the computers. All technology equipment such as
computers, monitors, printers, copy machines, and other related items are sold
with the possibility of missing parts or components unless specified in each
items auction.
General Disclaimers/Information:
Under no circumstances will the
County be liable to any person or entity for any direct, indirect, special,
incidental, consequential, or other damages or losses based on or caused by any
use of the Website or any other website to which the site is linked, the
content of such website, or any viruses or other harmful components derived
from any such websites, including, but not limited to, any lost profits,
revenue, or use, business interruption, or loss of computer programs or
information, even if the County has been specifically advised of the
possibility of such damages or losses.
Links to other websites or internet
locations from this Website have been provided for your convenience only.
The County does not endorse, sponsor, or approve any of the content of such
website. The County has no control over any of the websites or other
internet locations that may be accessed through this Website and is not
responsible for the content or accuracy of the content of any such websites or
locations. If you access any other websites or internet locations through
this Website, you do so at your own risk.
Hold Harmless: Bidders and Buyers
hereby agree to hold harmless the County of Loudoun and its employees for any
or all liabilities of any nature, omissions or errors in the sale or use of the
items. Buyers must understand that they are buying the property entirely upon
their own examination, evaluation, or opinion based on the information given in
each item posting.
Any bid or award resulting from an
auction shall be 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 County of Loudoun in Leesburg, Virginia. The Buyer shall comply
with all applicable federal, state, and local laws and regulations.
Withdrawal of items: Despite the
Counties best efforts to avoid withdrawal of items from the sale after they
have been advertised or offered, it may become necessary; therefore, the County
reserves the right to remove any, all, or any portion of items from sale or
auction prior or after to an initial bid.