Carroll County Government - Westminster, Maryland
Terms and Conditions
ONLINE SALES - TERMS AND CONDITIONS
General Terms: Items are offered for sale by the County Commissioners of Carroll County, Maryland (Government) herein referred to as the "County". Those submitting bids are identified herein as "bidders(s)" or buyers(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.
Guarantee Waiver. All property is offered for sale "as-is, where-is and with all faults, if any." Carroll County Government makes no warranty, guaranty or representation of any kind, expressed or implied, as to the condition, quality, completeness, merchantability or fitness for any particular or general purpose or compliance to safety regulations 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. Carroll County Government warrants to the Buyer that the property offered for sale will conform to its description. However, neither those descriptions, nor any oral statements made concerning an item, shall be considered as a warranty, expressed or implied. Any claim for mis-description must be made prior to removal of the property. If Carroll County Government confirms that the property does not conform to the description, Carroll County Government will keep the property and refund any money paid. The liability of Carroll County Government 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 times indicated in the item description or contact the person listed to schedule an inspection.
Consideration of Bid. Carroll County Government 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
Ownership: At the end of the auction, the highest bidder has entered into a binding contract with Carroll County Government 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.
Bidders that fail to claim or pay for auction items by the close of business on the 9th calendar day after the notice of award 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.
Payment: Buyers Premium: A 9.5% Buyer Premium shall be added to the final sale price with a $1 minimum charge per auction to collect payment. This is added to the successful bid and is payable by the bidder. It represents the cost charged for sale of property by Public Surplus.
Payment. PayMac Inc, a third-party payment processing company, receives all payments for Carroll County Government. Payment for an awarded item must be received within ten (10) calendar 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.
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.
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.
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 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.
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. Carroll County Government 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.
Removal: Buyer must remove auction item(s) from said agencies premises within ten (10) business days of notification by Public Surplus of receipt of payment, and within 15 business days from the time and date of issuance of the Notice of Award. Successful bidders are responsible for loading and removal and any and 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 will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will Carroll County Government assume responsibility for packing, loading or shipping. For additional information, please contact Maureen C. Dunn, CPPB, Buyer, 410-386-2181, mdunn@ccg.carr.org.
Pickup of Property: Will be by appointment only. Unless otherwise noted all vehicles will be picked up at the Carroll County Maintenance Center, Bureau of Fleet Management, 1250 Old Meadow Branch Road, Westminster, Maryland 21158. Purchased items are available for pick up with paid receipt.
Awarded items must be removed from the County's premises within ten (10) business days of the notice of payment cleared. 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.
Vehicle Titles: Carroll County Government will issue a title or certificate upon receipt of payment and after Fleet Management has signed the released portion of the Auction Receipt. Buyers will need to come to the Carroll County Purchasing Office at 225 North Center Street in Westminster, Room 213 to pick up the titles. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. Carroll County Government will not issue replacement titles.
Shipping: 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 cost. 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 shipping purchased items, buyers are free to contact local firms and make arrangements to ship or deliver purchased property. Carroll County will not be responsible for any cost, tax, fees associated with shipping.
Indemnification: Buyers agree to indemnify and hold harmless the County for any and all damages, claims or liability of any nature of 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 agent, employees, officers, officials and legal representatives (collectively known as "the County") from any and all liability arising out of the sale and/or concurrent negligence of the County or 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.
Default: Default shall include (1) failure to observe these terms and conditions; (2) If the purchaser fails to pay for the property within nine (9) calendar days, the surplus property purchased may be promptly re-sold in such manner as the County may elect and the defaulting purchaser charged with any loss or additional cost incurred; 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, Carroll County Government may exercise such rights and may pursue such remedies as are provided by law.
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 Maryland shall govern all matters relating to the use of this auction and purchase of items listed by the County on this site.
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.