ONLINE SALES - TERMS AND CONDITIONS
Guarantee Waiver. All property is offered for sale as-is, where-is. The County of Marin 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. The Buyer is not entitled to any payment for loss of profit or any other money damages - special, direct, indirect, or consequential.
Description Warranty. The County of Marin warrants to the Buyer that the property offered for sale will conform to its description. Any claim for mis-description must be made prior to removal of the property. If the County of Marin confirms that the property does not conform to the description, the County of Marin will keep the property and refund any money paid. The liability of the County of Marin shall not exceed the actual purchase price of the property. 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 TIME INDICATED IN THE ITEM DESCRIPTION.
Consideration of Bid. The County of Marin 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 the County of Marin. 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 by wire transfer. 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 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 wire transfer.
Credit Cards. 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.
Wire Transfers. For payments over $4,000.00 a wire transfer is required. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED. If you need to do a wire transfer please email Buyer Support at buyersupport@publicsurplus.com asking for wire instructions or request the instructions via live Chat. These instructions will be emailed to you. Please follow them exactly to allow for prompt payment.
Pick Up Procedures.
1. Public Surplus will notify the Buyer upon receipt of payment. THE BUYER MUST PICK UP ITEM/S AT THE DATES AND TIME SPECIFIED. The Buyer must bring the Notice of Award with the Paid Receipt and personal identification such as a Drivers License or DMV ID to the pick up location. The person releasing the item will require the Buyer to show all three documents. The Buyer must present these forms of identification at the scheduled pick up or the auction item(s) will not be released.
2. If you are picking up an item for someone else, you will need to bring the Paid Receipt, (photo copies are acceptable), plus a note from the designated winning bidder specifically naming you as their authorized representative, along with your own ID.
Removal. Buyer must remove auction item(s) 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. If the Buyer, after making payment for an item, fails to remove the item within the specified time, the County of Marin reserves the right (1) to retain any and all payments; and (2) to dispose of the item as deemed desirable by the agency.
UNDER NO CIRCUMSTANCES WILL THE COUNTY OF MARIN ASSUME RESPONSIBILITY FOR PACKING, SHIPPING, AND ASSISTING WITH MOVING OR LOADING OF VEHICLE/S OR EQUIPMENT. SUCCESSFUL BIDDERS ARE RESPONSIBLE FOR BRINGING ALL NECESSARY EQUIPMENT AND TOOLS FOR PICK UP, LOADING, AND REMOVAL OF VEHICLE/S OR EQUIPMENT SUCH AS RAMPS, TRAILER, WIRING, AND TRANSPORTATION of all property awarded to the them from the place where the property is located as indicated on the website and in the Notice of Award.
Property must be removed between the hours of 12:00 NOON AND 3:00 PM ON TUESDAY, WEDNESDAY, AND THURSDAY ONLY, ON THE DATES SPECIFIED, excluding legal holidays from the County Garage, 4 Peter Behr Drive, San Rafael, CA 94903. REMOVAL OF VEHICLE/S OR EQUIPMENT WILL NOT BE ALLOWED OUTSIDE OF THE SET TIME PERIOD.
Bid Deposits. The County of Marin requires a bid deposit of $50.00 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% Buyers Premium 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 payment to Public Surplus.
Vehicle Sales. The County of Marin does not warrant conformity of vehicles to the requirements of the California Vehicle Code. Pursuant to California Vehicle Code 24007.5 notice is given that all buyers of vehicles must obtain a certificate of compliance for smog control devices prior to registration. The document certifies the vehicle complies with applicable Health and Safety Code requirements. Purchases by dealers and vehicles sold for dismantling or for exclusive off-highway use are exempt from this requirement.
Upon receipt of payment, County 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. County will not issue replacement titles. Buyer is responsible for following all Department of Motor Vehicle regulations for the transfer of vehicle title and registration. All smog-related repairs and certifications for vehicles, when applicable, are the sole responsibility of the buyer as outlined in California Vehicle Code, Division 12, Section 24007.5(g).
Diesel Powered Vehicles (over 14,000 GVW). Recent changes to California law and codes will have direct impact on registration and use of diesel powered, on-road vehicles over 14,000 lbs Gross Vehicle Weight. The key regulations/codes are California Code of Regulations, Title 13. Motor Vehicles, Division 3. Air Resources Board Chapter 1, Article 4. Diesel Particulate Control Measures sections 2020 through section 2023.4 In effect the new regulations state that diesel powered, on-road vehicles may not be placed into service in California unless the engine is retrofit to compliance or is replaced with a compliant engine. Further, unless retrofit or re-powered, registration in California will not be permitted after January 1, 2008.
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 County will require the buyers identification information to complete the required State of California Air Resources Board Stop Request and Out-of-State Sales Verification 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 County from any claim or any liability arising from use of the vehicle by buyer or any third-party buyer within the State of California.
Diesel Off-Road Vehicles. When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Off-Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board (CARB) website at: http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm
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 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, the County of Marin 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 they have read, fully understand and accept these Terms and Conditions of Online Sales, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified.
F:\Purchasing\SURPLUS FURNITURE & VEHICLES\Public Surplus\TERMS AND CONDITIONS\MARIN COUNTY T&Cs - LARRY LAINO.doc