City of Harrisonburg, VA
ONLINE SALES TERMS & CONDITIONS
City Employees
Per Virginia Code, City of Harrisonburg employees are limited to a $500 maximum contract amount, including any buyer premium and state/local sales and/or use tax, per item. This also applies to any family member living in the same household. If any employee is found to have been awarded an auction on an item over $500, the award will be cancelled. Employees should not bid while on duty.
Contract
An award of sale is a contract between the winning bidder and City of Harrisonburg upon the terms and conditions set forth herein. City of Harrisonburg may pursue all legal remedies allowed by law against any bidder who fails to make payment for a winning bid.
Guarantee Waiver
All property is offered for sale as-is, where-is. City of Harrisonburg makes no warranty, guaranty or representation of any kind, expressed or implied, as to the condition, usability, value, merchantability, authenticity, or fitness for any purpose of the property offered for sale. Buyer is not entitled to any payment for loss of profit or any other money damages, including but not limited to special, direct, indirect, or consequential damages.
Description Warranty
City of Harrisonburg is not responsible for any omissions or errors in description of items being offered for sale. It shall be the bidder's responsibility to inspect and satisfy him or herself as to the details and conditions of the item offered before entering a bid. The Agency does not attest to the authenticity of any item. Please note that upon removal of the property, all sales are final.
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.
Indemnification
Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold City of Harrisonburg harmless from and against any claim, demand or cause of action arising or alleged to have arisen out of the sale or failure to sell any item of surplus property including claims for personal or bodily injury, death or contract damages.
Consideration of Bid
City of Harrisonburg reserves the right to reject any and all bids and to withdraw from sale any of the items listed before a notice of award is delivered.
Reserve Requirement
If there is a reserve requirement and the reserve price is not met by the close of bidding, City of Harrisonburg reserves the right to sell the auction item to the highest bidder, relist the item for auction, or otherwise dispose of the item at City of Harrisonburg's discretion.
Bid Deposits
City of Harrisonburg 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 9.5% will be added to the final sale price with a $1 minimum charge per auction to collect payment. If added, 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 of Harrisonburg may collect sales tax unless the Buyer has provided a valid tax-exempt certificate to City of Harrisonburg prior to payment. If applicable, the sales tax will be visible during the bidding process and will be included in the payment specified.
Notice of Award
Successful bidders will receive a Notice of Award by email from PublicSurplus.com.
Payment
PayMac, Inc., a third-party payment processing company, receives and processes all payments for the City of Harrisonburg. Payment for an awarded item must be received within five (5) business days after the Notice of Award of the successful bid.
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.
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. All credit card payments must be made using a single credit card.
Payment by Credit Card
Login to the Public Surplus site. Click on the "My Stuff" link and then click on the "Past Bids" link. Click on the description of the auction and then click on the "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.
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 and ask for wire instructions or request the instructions via live chat. These instructions will be emailed to you. You can also find these instructions online under the "Help" tab when logged in and then selecting the "Wire Transfers" category. Please follow them exactly to allow for prompt payment. Wire transfer can take up to 2 business days to be received and posted. Do not attempt to pick-up your item until you have received notification that the wire transfer has been received.
Pick-Up Procedures & Third-Party Pick-Up Procedures
1.Upon receipt of payment, Buyer will be notified by email sent to the address the Buyer provided at registration with Publicsurplus.com. Buyer may then contact City of Harrisonburg and arrange for a mutually convenient pick-up date/time. Buyer should not assume pick-up of item(s) will be available immediately upon payment. Buyer must bring the following 3 items with him/her when arriving to pick-up:
(1) the Notice of Award,
(2) the Paid Receipt, and
(3) personal photo identification (such as a Driver's License).
Buyer 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 and authorizing you to pick-up on his/her behalf, along with your own 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.
Removal
Buyer must remove auction item(s) from the agency's premises within ten (10) business days after the time and date of issuance of the Notice of Award. If the Buyer, after making payment for an item, fails to remove the item within the specified time, the agency reserves the right (1) to retain all payments; and (2) to dispose of the item through another auction or otherwise. Successful bidders are responsible for packing, loading, removing and transporting of 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 must make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will City of Harrisonburg assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse City of Harrisonburg for any damage to City of Harrisonburg's property caused by Buyer's or Buyer Agent's removal of auction item(s) from the premises. No maintenance may be performed on City of Harrisonburg (VA) property. For additional information, please contact the City’s Procurement Manager, at 540-432-7794 or Purchasing@harrisonburgva.gov.
Shipping
The City will not ship any item(s). However, Buyer may contact a local carrier of your choice to pick-up, package, and ship your item(s) for you. It will be your responsibility to follow the Third-Party Pick-Up Procedures above to ensure that your item is released.
Risk of Loss
In the event 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 the buyer, or buyer's agent or employee, City of Harrisonburg will refund any money paid. The liability of City of Harrisonburg shall not exceed the actual purchase price of the property.
Vehicle Titles
City of Harrisonburg will issue a title or certificate upon receipt of payment. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. City of Harrisonburg will not issue replacement titles.
Default
Default shall include (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 bid contract and suspension from participation in all future sales until the default has been cured. If the Buyer fails in the performance of their obligations, City of Harrisonburg may exercise such rights and may pursue such remedies as are provided by law.
Acceptance of Terms and Conditions
By submitting a bid, the bidder agrees that the bidder has read, fully understood and accepted these Terms and Conditions of Online Sales and agrees to pay for and remove the property, if the bid is accepted, by the dates and times specified.
*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*