AUCTION RULES AND PROCEDURES
FOR USE ON PUBLIC SURPLUS AUCTION WEBSITE
Call Rafael Reyez for pick-up or Questions at (805) 568-2692
General: Items are offered for sale by and within the County of Santa Barbara, CA, identified herein as the "County". However, a third-party web site provider, an online auction services contractor, is utilized. Those submitting bids are identified herein as "bidder(s)" or "buyer(s)".
Eligibility: A buyer must be a minimum of 18 years old and legally able to form binding contracts as a buyer in an auction.
Viewing: Typically, buyers may view auction items Wednesday from 8:00 AM to 11:30 AM, and from 2:30 PM to 5:00 PM at warehouse located at 267 Camino Del Remedio, Santa Barbara, and Ca. unless otherwise stated on the auction website. Due to liability reasons, no children, and only two (2) adult customers at a time, are allowed in the warehouse. Auction preview is limited to items available for sale during the next 30 days.
Warranty: All equipment will be sold "as is", "where is", and "with all faults, if any". The County disclaims all warranties or 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 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.
THE COUNTY OFFERS NO GUARANTEES OR WARRANTIES. DETERMINATION OF CONDTION, FUNCTION, AND PERCEIVED OR ASSUMED VALUE IS THE SOLE RESPONSIBILTY OF THE BUYER.
Ownership: At the end of the auction, the highest bidder has entered into a binding contract with the County, and is obligated to pay the price bid. Placing the winning bid, but not paying for the product, is illegal in most states, and may result in prosecution. The winning bid cannot be retracted unless due to a fault of the County, (for example, typographical or other error) which will be the sole discretion of the County.
Awarded items must be removed from the County's premises within 5 business days of the close of auction. However, no property may be claimed or removed prior to making full payment. If unclaimed by winning bidders, the County reserves the right to re-auction or award the item to the next highest bidder.
The County reserves the right to reject any and all bids before and after the auction closing.
Bidders that fail to claim, pay for, and remove auction items from the County's premises by the close of business on the 5th business days after the close of the auction shall forfeit their rights to the auction item, and be declared as a default bidder. The County may ban a default bidder from participating in future online auction events. If one item goes into default, all items won by the bidder go into default and are subject to resale. Bidders should verify winning status before traveling to the County location.
Payment: PayMac, a third-party payment processing company, receives all payments for the County. Payment for an awarded item must be received within five (5) business days after the Notice of Award of the successful bid. Payment for an awarded item must be received within 5 business days of close of auction. Payment shall be made online by credit card. NO CASH, CHECK, 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 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.
Wire Transfers:
For payments over $4,000.00, a Wire Transfer is required. If you need to do a wire transfer request the instructions via live chat or go to the Help and locate them in the Wire Transfer category. Please follow them exactly to allow for prompt payment.
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: County of Santa Barbra 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.
Shipping: Unless otherwise noted, all items sold must be picked up at the 267 Camino Del Remedio, Santa Barbara, and Ca. unless otherwise stated on the auction website. 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.
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 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.
Liability: Items are offered for sale using the services and web site of the online auction services contractor. 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.
Reproduction of Auction Materials and Resale of Items Listed: Bidders or website users may reproduce or copy images, photographs, or descriptions of property listed on the auction site for personal use only. Bidders and website users may not reproduce, display, or broadcast online auction materials by any means, or by using any media, without the express written permission of the County. The County reserves the right to disallow participation in the online auction by any website user or bidders at any time for violating applicable laws, ordinances, terms and conditions listed here, or for activity deemed unacceptable by the County. Before paying for and taking possession of the items listed for sale by the County, successful bidders and website users shall not post or list the same items for sale by any other means. Please be advised that the County auction staff reports suspected fraud or criminal activity to the proper authorities.
Privacy: The County gathers information from bidders so that it will know who has won an auction item. Personal information is not sold or rented. Personal information is used for the purpose of conducting online auctions and not used for any other purpose. Be advised that transactions of the County auction are subject to Government Code Sections 6250-6277 entitled California Public Records Act, also known as the California Public Information Act.
Applicable Law: Although this site may be accessed from any state, bidders who participate in this auction agree that the laws of the State of California shall govern all matters relating to the use of this auction and purchase of items listed by Santa Barbara County on this site. The placing of a bid constitutes agreement that Santa Barbara County is the proper venue for claims or lawsuits arising out of the auction or sale of any item