Town of Huachuca City
Terms and Conditions
Contract
An
award of sale is a contract between the winning bidder and Town of
Huachuca City upon the terms and conditions set forth herein. Town of
Huachuca City may pursue all legal remedies allowed by law against
any bidder who fails to make payment for a winning bid.
Guarantee
Waiver
All
property is offered for sale as-is, where-is. Town of Huachuca City
makes no warranty, guaranty or representation of any kind, expressed
or implied, as to the condition, usability, value, merchantability,
authenticity, or fitness for any purpose of the property offered for
sale. Some or all items may have been declared unsafe in their
present condition by a federal or state safety standard. Buyers
should inspect and, if necessary, repair/test all items prior to any
use. Buyer is not entitled to any payment for loss of profit or any
other money damages, including but not limited to special, direct,
indirect, or consequential damages.
Description
Warranty
Town
of Huachuca City warrants to the Buyer that the property offered for
sale will conform to its description. Any claim for mis-description
must be made prior to removal of the property. If Town of Huachuca
City confirms that the property does not conform to the description,
Town of Huachuca City will keep the property and refund any money
paid. The liability of Town of Huachuca City shall not exceed the
actual purchase price of the property. Please note that upon removal
of the property, all sales are final.
Inspection
Most
items offered for sale are used and may contain defects not
immediately detectable. Bidders may inspect the property prior to
bidding. Bidders must adhere to the inspection dates and times
indicated in the item description or contact the person listed to
schedule an inspection.
Indemnification
Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold Town of Huachuca City 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.
Consideration
of Bid
Town of Huachuca City reserves the right to reject any and all bids and to withdraw from sale any of the items listed.
Reserve
Requirement
If
there is a reserve requirement and the reserve price is not met by
the close of bidding, Town of Huachuca City reserves the right to
sell the auction item to the next highest bidder, relist the item for
auction, or otherwise dispose of the item at Town of Huachuca City's
discretion.
Notice of Award
Successful
bidders will receive a Notice of Award by email from
PublicSurplus.com
Payment
PayMac,
a third-party payment processing company, receives all payments for
Town of Huachuca City. 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 $2,000.00. 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 $2,000.00, 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
1. 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 Town of Huachuca City 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.
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.
Bid
Deposits
Town
of Huachuca City may require bid deposits in order to ensure fairness
to all bidders. The deposit will be reversed if no default occurs or
the bidder does not win the auction. The deposit will be retained if
the winning bidder defaults.
Buyer Premium
A
Buyer Premium of 11% 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.
State/Local Sales and/or Use Tax
Town
of Huachuca City may collect sales tax, unless the Buyer has provided
a valid tax-exempt certificate to Town of Huachuca City prior to
payment. If applicable, the sales tax will be visible during the
bidding process and will be included in the payment
specified.
Removal
Buyer
must remove auction item(s) from the agency premises within ten (10)
business days after the time and date of issuance of the Notice of
Award. If the Buyer, after making payment for an item, fails to
remove the item within the specified time, the agency reserves the
right (1) to retain all payments; and (2) to dispose of the item
through another auction or otherwise. Successful bidders are
responsible for packing, loading, removing and transporting all
property awarded to them from the place where the property is located
as indicated on the website and in the Notice of Award. The Buyer
must make all arrangements and perform all work necessary, including
packing, loading and transportation of the property. Under no
circumstances will Town of Huachuca City assume responsibility for
packing, loading or transporting auction item(s). Buyer shall be
liable to and reimburse Town of Huachuca City for any damage to Town
of Huachuca City's property caused by Buyer's or Buyer Agent's
removal of auction item(s) from the premises. No maintenance may be
performed on Town of Huachuca City property.
Abandonment
of Item
Auction
items paid for but not picked up within the specified time will be
considered abandoned. Town of Huachuca City will have the ability to
re-list any and all items designated as abandoned with no refund
being provided to the user. Please be advised.
Risk of
Loss
In
the event an auction item is lost or destroyed after a notice of
award has been sent but prior to removal, and to the extent such loss
or destruction is not caused by the buyer, or buyer's agent or
employee, Town of Huachuca City will refund any money paid. The
liability of Town of Huachuca City shall not exceed the actual
purchase price of the property.
Vehicle Titles
Town
of Huachuca City will issue a title or certificate upon receipt of
payment. Titles may be subject to any restrictions as indicated in
the item description on the website. Open titles cannot be issued.
Town of Huachuca City will not issue replacement titles.
Default
Default
shall include (1) failure to observe these terms and conditions; (2)
failure to make good and timely payment; or (3) failure to remove all
items within the specified time. Default may result in termination of
the bid contract and suspension from participation in all future
sales until the default has been cured. If the Buyer fails in the
performance of their obligations, Town of Huachuca City may retain
Buyer's bid deposit and exercise such rights and pursue such remedies
as are provided by law.
Acceptance of Terms and
Conditions
By
submitting a bid, the bidder agrees that the bidder has read, fully
understood, and accepted these Terms and Conditions of Online Sales,
and agrees to pay for and remove the property, if the bid is
accepted, by the dates and times specified.
*THESE
TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*