CITY OF ALAMEDA ONLINE SALES TERMS AND CONDITIONS
Contract. An award of sale is a legally binding contract between the winning bidder, Buyer, and City of Alameda (City) upon the terms and conditions set forth herein. City may pursue all legal remedies allowed by law against any Buyer who fails to make payment for a winning bid.
Guarantee Waiver. All property is offered for sale "as-is, where-is". City makes no warranty, guaranty, warranty or representation of any kind, expressed or implied, as to the condition, usability, value, merchantability, authenticity, or fitness for any purpose of the auction items offered for sale. Some or all auction items may be considered unsafe in their present condition under a federal or state safety standard or may have been declared unsafe by a federal or state agency. Buyers should inspect and, if necessary and as appropriate, repair and 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 actual, special, direct, indirect, or consequential damages, and by biding on any auction item, Buyer is deemed to have waived and released any and all such claim(s) against City.
No Description Warranty. City is not responsible for any omissions or errors in the description of any auction items being offered for sale. It is Buyer's sole responsibility to inspect and satisfy Buyer as to the details and condition of the auction item before entering a bid. City does not attest to, represent or warrant with respect to the authenticity of any auction item. Buyer is bidding on and/or purchasing each auction item at is sole risk.
Inspection. Most items offered for sale at an auction are used and may contain defects, some of which may not be immediately detectable. Buyers may inspect the property prior to bidding, and are encouraged to do so. Buyers must adhere to the inspection dates and times indicated in the auction item description or contact the person listed to schedule an inspection.
Consideration of Bid. City reserves the right to reject any bids and to withdraw from sale any auction item listed for sale before a Notice of Award is delivered.
Reserve Requirement. If there is a reserve requirement and the reserve price (i.e., minimum price) is not met by the close of bidding, City may sell the auction item to the next highest bidder, relist the item for auction, or dispose of the item at City 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 City. Payment for an awarded auction item must be received within five (5) business days after the date of the Notice of Award of the successful bid.
Pick-Up and Third Party Pick-Up Procedures.
1. Upon receipt of payment Buyer will be notified by email sent to the address you provided at the time of registration with Publicsurplus.com. Buyer then contacts City to arrange a mutually convenient pick-up time. Buyer must bring to the pick-up location: (a) Notice of Award, (b) Paid Receipt, and (c) personal government issued picture identification (such as a Driver License). You must present all of the items described in (a), (b) and (c) above 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 all of the items listed in Section 1 (a), (b) and (c) above (photo copies are acceptable), plus a signed note from the "winning bidder" naming you as authorized representative, along with your own form of government issued picture identification. The winning bidder must also 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.
Shipping. City cannot ship any item(s). You may contact a local carrier to pick-up, package, and ship your item(s) for you. It will be Buyer's responsibility to follow the Third-Party Pick-Up Procedures described above to ensure your item is released.
Bid Deposits. City of Alameda 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 10.5% will be added to the final sale price of each auction item, with a $1 minimum charge per auction item, for the payment collection service. The premium will be visible during the bidding process and will be included in the payment required.
State/Local Sales and/or Use Tax. City may collect sales tax, unless Buyer has provided a valid tax-exempt certificate to 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 City premises within ten (10) business days after the time and date of issuance of the Notice of Award. If Buyer, after making payment for an auction item, fails to remove the item within the specified time, City reserves the right to: (1) retain all payments; and (2) dispose of the auction item through another auction or otherwise. Successful bidders/Buyers are responsible for packing, loading, removing and transporting all auction items awarded to them from where the property is located as indicated on the website and in the Notice of Award. City will not assume responsibility for packing, loading or transporting any auction item or for assisting with or in any way facilitating any of these tasks. Buyer shall be liable to and shall reimburse City for any damage to City's property caused by Buyer's or Buyer agents or employees during removal of auction item(s) from the City's premises. No maintenance or repair of an auction item may be performed on City property.
Abandonment of Item. Auction items paid for but not picked up within the specified time will be stored for 15 days from the last date of available pickup. At the expiration of the 15 day period, the auction item will be deemed abandoned and may be auctioned again.
Risk of Loss. If 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 Buyer, or Buyer's agent or employee, City will refund any money previously paid, but City shall have no other liability or obligation to Buyer (or any other party) for any lost or damaged item and shall, among other things, have no responsibility for repairing or replacing the lost or damaged auction item.
Vehicle Titles. City will issue documentation of title or a certificate of ownership to Buyer upon receipt of payment by Buyer. Titles may be subject to any restrictions noted in the auction item description on the website. City will not replace lost title documents or issue open title documentation.
Default. Buyer Default shall include failure to: (1) observe these terms and conditions of the auction; (2) make good and timely payment for each auction item purchased; or (3) remove all auction items within the specified time. Default may result in termination by City of the contract and suspension from participation in future sales until the default has been cured by Buyer. If Buyer defaults, City may exercise such rights and pursue such remedies as are provided by law and equity.
Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees that the bidder has read, fully understands, and accepts these Terms and Conditions of Online Sales, and agrees to timely pay for and timely remove the auction item, if the bid is accepted. specified.