TERMS AND CONDITIONS
Condition of Sale: The sale of County equipment and/or vehicle(s) is in an "As is" condition, with all faults and without warranty. The description of the equipment and/or vehicle(s) offered for sale has been compiled from data available but there is no guaranty of warranty on the part of the County as to condition, description of the equipment and/or vehicle(s) for quality. The County reserves the right to withdraw any equipment and/or vehicle(s) being offered for sale. Costs associated with sale of the equipment and/or vehicle(s), including but not limited to loading, freight, insurance, shipping of equipment and/or vehicle(s) and taxes are the successful Bidder's responsibility. The sale of the equipment and/or vehicle(s) will be to the highest responsive Bidder. There shall be no refunds or adjustments on the successful Bidder's price. All sales are final.
Omissions: The County is not responsible for any omissions or errors in the description of the equipment and/or vehicle(s) offered for sale.
Inspection: The County shall have the equipment and/or vehicle(s) available for inspection by appointment only and prior to the end of the auction. Equipment and/or vehicle(s) will be available for viewing from 8:00am - 4:00pm. Bidders must adhere to the inspection dates and times indicated in the description of the equipment and/or vehicle(s) and contact only the person(s) listed to schedule an inspection.
Bids: Bids submitted shall remain firm for a period of five (5) days following the closing date of bids. The successful Bidder shall be required to remit payment within five (5) calendar days after notice of successful bid and remove the property within ten (10) days from the date of the successful bid. The County reserves the right to withdraw any equipment and/or vehicle(s) from the sale up until the time the sale of the equipment and/or vehicle(s) is awarded. The County reserves the right to set a minimum bid on any equipment and/or vehicle(s). The County further reserves the right to advertise for new bids if, in the judgment of the County, the best interest of the County will be promoted thereby.
Award of Sale Item: At the time auctioneer awards sale of equipment and/or vehicle(s) to bidder, a legally binding contract is established between the County of Cascade and the bidder. The County of Cascade will pursue legal remedies allowed by law against any bidder who fails to make required payments.
Warranty: All equipment and/or vehicle(s) will be sold "as is", "where is", and "with all faults, if any". The County disclaims all warranties and guarantees, expressed or implied, as to the condition, quality, completeness or fitness for any particular or general purpose or compliance to safety regulations of the equipment vehicle(s) being sold. Descriptions of items appearing in this online auction are believed to be correct. However, neither those descriptions, nor any oral statements made concerning any item, shall be considered as a warranty, expressed or implied.
Payment. PayMac collects all payments for Cascade County. Payment for an awarded item must be received within 5 business days of close of 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 this amount, follow the instructions listed under Wire Transfers.
Payment by Credit Card
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 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.
Pick-Up Procedures
1. You will be notified upon receipt of payment. You may then contact the responsible party listed for the auction item 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 identification (such as a Driver's 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 identification. In addition, you must arrange for the winning bidder to send an e-mail from the winning bidder's e-mail address used for the auction stating that you are authorized to pick-up the item.
Bid Deposits. Cascade County may require bid deposits in order 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.
Buyers Premium: A Buyer Premium will be added to the final sale price with a $1 minimum charge per auction to collect payment.
Shipping: Unless otherwise noted, all items sold must be picked up at the specified Cascade County location. The County is not equipped to ship items, or prepare items for shipping. Winning bidders will be solely responsible for pick-up or shipping arrangements, and all associated costs. The County will not be responsible for items after buyer, or designated shipper takes possession. Allow sufficient time to load items into vehicles before close of business for the County location at which such items are being picked up.
Liability: Under no circumstances will the County be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages or losses based on, or caused by, any use of the auction web site, or any other web site to which the site is linked, the content of such web sites, or any viruses or other harmful components derived from any such web sites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information. The County strives to make the online auction system as accurate as possible. However, errors and equipment malfunctions are possible and may occur without notice. In case of malfunctions of hardware or software, the County reserves the right to cancel any sale, even if an award notification e-mail has been received. The County cannot and will not guarantee uninterrupted access to the auction system.
Indemnification: Buyers agree to indemnify and hold harmless the County for any and all damages, claims, or liability of any nature or kind in the sale of, or the buyer's use of, the property. The buyer, its predecessors, successors and assigns hereby release, relinquish and discharge the County, its former, present and future agents, employees, officers, officials and legal representatives (collectively known as "The County") from any liability arising out of the sale and/or concurrent negligence of the County for any injury, including death or damage to persons or property, where such damage is sustained in connection with, or arising out of, the sale of County owned property.