ONLINE SALES - TERMS AND CONDITIONS
Guarantee Waiver. All property is offered for
sale as-is, where-is. The County of Sonoma 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 Sonoma 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 Sonoma confirms
that the property does not conform to the description, The County of
Sonoma will keep the property and refund any money paid. The liability of The
County of Sonoma 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. If inspection
times are made available by the County of Sonoma, 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. If no inspection times are given, then bidders will not
be able to inspect the item.
Consideration of Bid. The County of Sonoma 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. Public Processing, LLC collects all payments for The County of
Sonoma. Payment for an awarded item must be received within 5 calendar days from the time and date
of issuance of the Notice of Award. 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.
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 may then contact the responsible party listed for that item
and arrange for a mutually convenient pick up time. 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 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.
Bid Deposits. The County of Sonoma 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% 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.
State/Local Sales and/or Use Tax. The
County of Sonoma may collect sales tax, unless the buyer has provided a
valid tax-exempt certificate prior to payment. If applicable the sales tax will
be visible during the bidding process and will be included in your payment to
Public Surplus.
Removal. Buyer must remove auction item(s) from said
agencies premises 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 agency
reserves the right (1) to retain any and all payments; and (2) to dispose of
the item as deemed desirable by the agency.
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, except in the cases
where the Auction Contact has given an updated property location. The Buyer
will make all arrangements and perform all work necessary, including packing,
loading and transportation of the property. Under no circumstances will The
County of Sonoma assume responsibility for packing, loading or shipping.
Property may be removed by appointment only. For additional information, please
contact the Auction Contact, (707) 565-2139, surplus@sonoma-county.org.
Vehicle Titles. The County of Sonoma 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. The County of Sonoma 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 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 Sonoma 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.
Acceptance hereby releases, acquits and forever discharges the County of Sonoma
(County), its officers, agents, employees, successors and assigns from all claims,
actions, causes of action, demands, rights, damages (including without
limitation special or consequential damages), costs, loss of service, expenses
and compensation whatsoever which Buyer now has or may hereafter accrue on
account of or in any way arising out of the receipt, use or possession of said
Property. Said Property is being conveyed by County with no warranty,
express or implied, including without limitation all warranties of
merchantability or fitness for a particular purpose. Recipient accepts
said Property as is with no warranty whatsoever. Buyer, in accepting said
Property, agrees to accept all responsibility for loss or damage to any person
or entity, including but not limited to the County, and to defend, indemnify,
hold harmless, reimburse and release County, its officers, agents, employees,
successors and assigns from and against any and all actions, claims, damages,
disabilities, liabilities and expense including, but not limited to attorney�s
fees and the cost of litigation incurred in the defense of claims as to which
this indemnity applies or incurred in an action by County to enforce the
indemnity provisions herein, whether arising from personal injury, property
damage or economic loss of any type, that may be asserted by any person or
entity, including Buyer, arising out of or in connection with the receipt, use
or possession of said Property, whether or not there is concurrent negligence
on the part of County, but, to the extent required by law, excluding liability
due to the sole or active negligence or due to the willful misconduct of
County. If there is a possible obligation to indemnify, Buyers duty to defend
exists regardless of whether it is ultimately determined that there is not a
duty to indemnify. County shall have the right to select its own legal
counsel at the expense of Buyer, subject to Buyers approval, which approval
shall not be unreasonably withheld. This indemnification obligation is
not limited in any way by any limitation on the amount or type of damages or compensation
payable to or for Recipient or its agents under workers' compensation acts,
disability benefits acts, or other employee benefit acts.