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City of Independence, MO

Terms and Conditions of Sale

Guarantee Waiver

All property is offered for sale as-is, where-is. The City of Independence (City) makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. The Buyer is not entitled to any payment for loss of profit or any other money damages - special, direct, indirect, or consequential.

Description Warranty

The City warrants to the Buyer that the property offered for sale will conform to its description. Any claim for misrepresentation must be made prior to the removal of the property. If the City confirms that the property does not conform to the description, the City will keep the property and refund any money paid. The liability of the 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.

Consideration of Bid

City reserves the right to reject any and all bids and to withdraw from sale any of the items listed.

Notice of Award

Successful bidders will receive a Notice of Award by email from PublicSurplus.com. 

Payment

PayMac, LLC. a third-party payment processing company receives all payments for the City. Payment for an awarded item must be received within five (5) business days after 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 pay partially for an auction by credit card and pay the remainder by another payment method, such as a wire transfer.

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 asking for wire instructions or request the instructions via live chat. These instructions will be emailed to you. Please follow them exactly to allow for prompt payment.

Public Surplus will notify you upon receipt of payment. You may then contact the City and arrange for a mutually convenient pick-up time. Be sure to bring the 1) Notice of Award; 2) the Paid Receipt; and 3) personal identification, such as a driver license or DMV ID to the pick-up location. You will need to bring these three documents with you or the auction item(s) will not be released to you.

If you arrange for pick-up with someone other than yourself (successful buyer), that person will need all three items listed above (photocopies are acceptable), plus 1) a note from you, the winning bidder, specifically naming you as their authorized representative; and 2) your own personal identification, such as a driver license or DMV ID.

Bid Deposits

The City may require bid deposits to ensure fairness and equity to all buyers as a way to decrease default bidding. The deposit will be reversed if no default occurs or the bidder does not win the auction. Public Surplus will collect and retain the deposit if there is a default by the winning bidder.

Buyer Premium

Buyer premium will be added to the final sale price with a $1 minimum charge per auction.

State/Local Sales and/or Use Tax

The City will collect sales tax on non-vehicle sales, if applicable unless the buyer has provided a valid tax-exempt certificate to the City prior to payment.

Removal

Buyer must remove auction item(s) from said agency's premises within five (5) business days from 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 period, the agency will retain any and all payments and dispose of the item as deemed desirable by the agency. Successful buyers are responsible for packaging, loading, and removal of any and all property awarded to them from the property location stated on the web site and in the Notice of Award. Under no circumstances will the City assume responsibility for or provide assistance with packing, loading, or shipping. Property may be removed by appointment only, between the hours of 8 am and 5 pm, Monday through Friday, excluding legal holidays. For additional information, please contact the City at 816-325-7093 or cgreer@indepmo.org.

Vehicle Titles

The 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 web site. Open titles cannot be issued. The 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 contract and suspension from participation in all future sales until the default has been cured. If the buyer fails in the performance of stated obligations, the City may exercise such rights and may pursue such remedies as are provided by law.

Acceptance of Terms and Conditions

By submitting a bid, the bidder agrees that they have read, fully understand and accept these terms and conditions, and agree to pay for and remove the property, if the bid is accepted by the dates and times specified.