TURLOCK, CALIFORNIA
ON-LINE SALES
156 S. Broadway, Suite 270 | Turlock, California 95380 | phone 209-668-5542| fax 209-668-5695
TERMS AND CONDITIONS
Guarantee Waiver
The surplus property is sold and conveyed "AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT REPRESENTATION OR WARRANTYî. The description of surplus property offered for sale has been compiled from available data, but there is no guarantee or warranty on the part of City of Turlock (hereinafter referred to as "City") as to condition or quality of surplus property. THE CITY OF TURLOCK, AS SELLER, HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PURPOSE, AND NEITHER ASSUMES NOR AUTHORIZES OTHER PERSON(S) TO ASSUME FOR IT, ANY LIABILITY IN CONNECTION WITH THE SALE OF THESE GOODS. The City is not responsible for any omissions or errors in the description of the property offered for sale. Buyers purchase entirely at their own risk. Please note that upon removal of the property, all sales are final.
Items are offered for sale using the services and web site of Public Surplus, LLC (www.publicsurplus.com). Under no circumstances will the City 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, even if the City has been specifically advised of the possibility of such damages or losses.
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 of Turlock 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, collects all payments for City of Turlock. Payment for an awarded item must be received within 5 business days of close of auction. Payment shall be made online by credit card, or directly with cashierÃs check, money order, or certified check. 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 Manual Payment.
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. We accept all major credit cards, PayPal and e-Checks.
Partial Payment
There will be NO partial payments of an auction allowed. All auctions must be paid in full per payment process used per auction. 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.
Manual Payment
For payments over $4,000.00 and any other non-credit card payments follow the instructions below.
Send payment along with a copy of "Notice of Award" (emailed from PublicSurplus.com) to Public Surplus, LLC at the following address(s). Mailing Address:
Public Surplus LLC P.O. Box 50676 Provo, UT 84605 |
or |
Courier Address (FedEx, UPS Only) Public Surplus LLC 1503 S. 40 E, Suite 350 Provo, UT 84606 |
NOTE: Check should be made payable to Public Surplus, LLC marked with the Auction Number. Accepted forms of payment are Certified Check, Cashiers Check or Money Orders. Payments need to be received by Public Surplus within five (5) business days of notification of award.
2) If you need to do a wire transfer please select the Chat option and ask for buyers support to work out the details for this transaction. Once payment is received the same instructions apply as with manual payment.
3) Public Surplus will notify you upon receipt of payment. You may then contact the responsible party listed for that item and arrange for a mutually convenient pick up time. You will need to bring the payment receipt or the auction item(s) will not be released to you.
Bid Deposits
City of Turlock 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 10% Buyer Premium will be added to the final sale price with a $1 minimum charge per auction to collect payment.
State/Local Sales and/or Use Tax
City of Turlock will collect sales tax, on non-vehicles if applicable, unless the buyer has provided a valid tax-exempt certificate to City of Turlock prior to payment. Buyers purchasing for resale shall provide a copy of their Seller's Permit to the Public Surplus with their payment. For DMV registered equipment purchases, buyer will pay sales tax to the Department of Motor Vehicles upon registration of the equipment.
Removal
Buyer must remove auction item(s) from said agencies premises within five (5) business days of notification by Public Surplus of receipt of payment, and within ten (10) business days from the time and date of issuance of the Notice of Award. Successful bidders are responsible for loading and removal and any and 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 will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will City of Turlock assume responsibility for packing, loading or shipping. Property may be removed between the hours of 8 a.m. and 4 p.m., Monday through Friday, excluding legal holidays. No property may be removed by the buyer prior to making full payment. Pick-up hours are by appointment only. Buyer will be required to show identification and receipt for payment at the time property is picked up. For additional information, please contact purchasing@turlock.ca.us
Liability After Award
The buyer assumes all liability and responsibility for the property and risk of loss passes to buyer, after the award is made. The City will exercise normal care for protection up to the time for removal, but will not be responsible for any loss or damage whatsoever unless caused solely by the negligent or wrongful acts of the City. In such event, buyer's sole remedy shall be to receive a refund.
Vehicles Sales
Upon receipt of payment, City will provide the buyer with the vehicle title and the California Department of Motor Vehicles Vehicle/Vessel Transfer and Reassignment Form. Titles may be subject to any restrictions as indicated in the item description on the website. City will not issue replacement titles. Buyer is required to remit payment within seven (7) working days from date of notice of award, and remove vehicle within ten (10) working days from payment date. Vehicles not removed by the deadline are subject to a storage fee of $50 per day for each calendar day delayed. Buyer is responsible for following all Department of Motor Vehicle regulations for the transfer of vehicle title and registration. Unless otherwise agreed upon in writing by City and buyer, vehicles not picked up within five (5) days of the expiration of said ten (10) day period, shall be deemed abandoned by the buyer and shall be subject to resale by the City. All sums paid by the buyer shall be credited toward storage fees owed, and the balance, if any, shall be forfeited.
Diesel-Fueled Vehicle Sales
In accordance with Title 13, California Code of Regulations, Section 2022.1(b) (5), sales of medium and heavy duty on-road diesel-fueled vehicles must be sold, registered and operated outside of the State of California. Therefore, the City will require the buyerÃs identification information to complete the required State of California Air Resources Board ñVIN Stop Requestî and ñOut-of-State Sales Verificationî forms to document the sale and act as notification to the buyer that the vehicle is not to be registered or operated in the State of California. Upon acceptance of these Terms and Conditions of Online Sales, buyer agrees to defend and indemnify the City from any claim or any liability arising from use of the vehicle by buyer or any third party buyer within the State of California.
Default
A default shall include any (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 a buyer fails in the performance of buyer's obligations, the City may exercise any and all such rights and may pursue any remedies as are provided by law. If the buyer is in default, the property purchased may be promptly re-sold in such manner as the City may elect.
Acceptance of Terms and Conditions
By submitting a bid, the prospective buyer agrees that he/she has read, fully understands and accepts these Applicable Law Any contract resulting from an online bid for the equipment and/or vehicle(s) will be governed by the laws of the State of California and venue for any legal action arising out of such contract shall be the City of Turlock, a municipal corporation of the State of California.