ONLINE SALES - Terms and Conditions
Note: The definition of
"Bidder", "Buyer" and "Purchaser" contained in
these Terms and Conditions is defined as "an individual, company,
business, organization or representative that offers to pay a particular amount
of money to buy something, namely in an online auction". The term
"Seller" or "Auction Provider" refers to the state of
Oregon Surplus Property program.
INSPECTION INSTRUCTIONS:
ALL PRE-BID INSPECTIONS ARE AVAILABLE
BETWEEN 1:00 PM and 4:00 PM Monday-Friday (except holidays). No appointment is
necessary. For items that are being "Sold on Site", please
refer to the description portion of the auction listing for hours of
inspection, as well as contact information for the site custodian. All offsite
locations require an appointment to view and pickup property. Please be sure to
read the description carefully for detailed instructions. The Surplus Property
program urges and cautions bidders to inspect the property prior to submitting
a bid. Failure to inspect property before bidding will not constitute grounds for
dismissal of the responsibilities of the Bidder to complete the sale.
Pictures are of actual items, and
item(s) are described to the best of our ability, based on visual inspections
and information provided to us from the owning agency. Defects not
listed/shown/known may exist.
All pictures and digital images
contained in online auctions are the sole property of the state of Oregon and
are copyrighted. Use by any other entity, partially or in its entirety, is
strictly prohibited.
PAYMENT INSTRUCTIONS:
"In person" viewing and
"in person" payment/pick-ups between 1PM and 4PM Mon-Fri (except
holidays). Payment online prior to pick up is preferred, if this isn�t an
option, payments can be taken in-person from 1-4PM Mon-Fri. Payment is required
prior to release of the item.
Payment in full is due no later than
seven (7) calendar days from end of auction.
Acceptable payments are:
1. Credit Cards (Visa, MasterCard and
Discover). You can make your payment online or by phone with the cashier at
503-378-6037.
2. Wire Transfers: (must be made
directly to us, contact cashier's office for information),
3. Cashier�s Check or Money Order:
(made out to "Department of Administrative Services").
4. Cash (in person only).
If the Bidder chooses to pay by Visa,
MasterCard or Discover, this can be done online or by calling the cashier's
office at 503-378-6037. To make an online payment, log into your Public Surplus
account and select 'My Stuff' tab. Please follow the instructions located there
to pay with the eGov option. For questions or for
detailed instructions regarding paying online, you can click
here to view a tutorial (https://www.oregon.gov/das/Surplus/Documents/PSPayTutorial.pdf). If this purchase is a
vehicle, please complete the Title/Pay Form (see the link below) and either FAX
it to (503) 378-3398 or email it to EAM.Auction@oregon.gov after completing
your payment.
The Title/Pay form is mandatory if the
item you are paying for is a vehicle or heavy equipment.
Please click here or use this
link: http://www.oregon.gov/das/Surplus/Documents/TitleFormNew.pdf
If mailing payment, please include the
completed Title/Pay form with your payment. Please do not mail cash. We do not
accept personal/company checks by mail or in person.
SHIPPING/SHIPPING FEES:
If we are offering shipping on an
item, this will be indicated in the auction description. Shipping fees will
also be noted there. Shipping fees will need to be paid for separately; in
addition to the successful bidders winning bid amount and buyer's premium. If
you pay for your item using the online method, you will still need to call our
cashier for the shipping process to begin. Any third-party shipping will be
arranged and paid for by the bidder.
The cashier's office is open to take
payments by phone from 8 A.M.to 4 P.M. PST, Monday-Friday, excluding holidays.
The cashier may be unavailable from time to time depending what is going on in
the warehouse. Please leave a detailed message and our cashier will call you
back when available. If we offer shipping on an item, this has
to be paid for separately from the item being purchased; and must be
done through the cashier's office. Call (503) 378-6037 for more information.
Please address official documents to:
"Department of Administrative Services" or "DAS".
Mailing Address: Department of
Administrative Services 1655 Salem Industrial Drive NE Salem, OR 97301
BREACH OF CONTRACT:
A winning Bidder is in breach of
contract if they do not pay for the item won within seven (7) calendar days
from the close of the auction. A Purchaser is in breach of contract if they pay
for an item won but fail to pay for shipping or when applicable, fail to pick
up the property from its location within seven (7) calendar days from the close
of the auction. If item(s) are left unpaid or are not picked up after seven (7)
days, all rights, title, interest and ownership to the
property reverts to the Oregon Surplus Property program and the Purchaser
forfeits any rights or payment made on the item(s).
REMOVAL INSTRUCTIONS:
Property located at the Salem warehouse can be
retrieved Monday - Friday 1 p.m. to 4 p.m. excluding holidays, without an
appointment. For items that are "Sold on Site", please contact the
property custodian for that location, as the times for "Sold on Site"
item(s) are typically by appointment only. Instructions for contacting the
property custodian can be found in the body of the auction listing. There are
times when loading of "Sold on Site" property is not offered; please
be sure to read the auction listing carefully. Items will not be allowed to be
removed from any location until they have been paid for, no exceptions. Unless
otherwise specified in the auction listing, Surplus Property staff will assist
in loading a customer's property, within reasonable limits. No Surplus employee
can assist in loading if doing so would present a danger to themselves or
others. This includes loading onto or into an inappropriate vehicle for the
item(s) to be transported. Surplus employees can only load items; it is the
Buyer's responsibility to secure the item(s) to their vehicle in a safe and
secure manner. If arranging for a shipping company to remove an item, Surplus
Property must receive a completed copy of the "Bill of Lading" or
"Title/Pay Form" for the item/shipment (fax to 503-378-3398). If the
winning bidder wants a third-party to pick up their item for them, the winning
bidder needs to make Surplus aware of this by sending an email to eam.auction@das.oregon.gov. Surplus staff will not release items to a third-party
without this authorization.
SPECIAL INSTRUCTIONS:
Online auctions conducted by the state
of Oregon are for bidders located within the United States only. A successful
Bidder that is not located within the United States at the auctions end will be
considered in default; and will forfeit their rights or claims to follow
through with the sale; and may be blocked from participating in future
auctions. All assets are offered for sale "AS IS, WHERE IS."
Seller 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.
Maintenance records, if available, will be made
available to prospective bidders for physical inspection ONLY if previewing
property in person, on location. Maintenance records will be released along
with the title once payment has been received.
Personal property or vehicles listed
as "non-op" or "working condition unknown" should be
considered inoperable and in need of major repair. The absence of
"non-op" or "working condition unknown" does not imply that
an item or vehicle works or functions; and will in no way constitute a basis
for a refund.
The Buyer is not entitled to any
payment for loss of profit or any other money damages - special, direct, indirect or consequential. Seller warrants to the Buyer the
property offered for sale will conform to its description. Any claim for
misdescription must be made prior to removal of the property. If Seller
confirms the property does not conform to the description, Seller will keep the
property and refund any money paid. The liability of the Seller shall not
exceed the actual purchase price of the property. Please note that upon removal
of the property from the item(s) location/premises, the Buyer will have no
recourse as to misdescription, and ALL SALES ARE FINAL.
While a rare occurrence, the Surplus
Property program reserves the right to withdraw any property or cancel any
auction, regardless of whether said auction is still active or ended, if a
legitimate need arises for reuse by a qualified public agency, or if something
happens that causes the property description to change significantly. If this
occurs, a prospective Bidder will have no right or recourse with the Oregon
Surplus Property program or any of its agents.
IMPORTANT:
Placing a bid on a specific item or
items constitutes a legally binding contract between the bidder and the state
of Oregon, and it is understood that a prospective bidder agrees to all the
"terms and conditions" specified here. If the winning Bidder defaults
by failing to adhere to the seller's terms and conditions, the bidding
privileges and the bidding privileges of all future accounts and
Representatives may be revoked by the auction provider, without recourse.
Likewise, if a Bidder is blocked from participating in an online auction; and
is found to have created a new account to circumvent revocation of bidding
privileges, the Bidder shall be denied the ability to purchase from the Seller;
and will be denied the ability to bid on current and/or future online auctions.
Revised December 6
2023