DRAPER CITY AUCTION RULES AND PROCEDURES
FOR USE ON PUBLIC SURPLUS AUCTION WEBSITE
1. General: Items
are offered for sale by Draper City, Utah, identified herein as the
"City". However, a third-party web site provider, an online
auction services contractor, is utilized. Those submitting bids are
identified herein as "bidder(s)" or "buyer(s)".
2. Eligibility:
A buyer must be a minimum of 18 years old and legally able to form
binding contracts as a buyer in an auction.
3. Viewing:
Typically, buyers may view auction items by appointment from 8:00 AM
to 12:00 AM, and from 1:30 PM to 4:00 PM at the old city hall located
at Fort Street and Pioneer Road, Draper, Utah, unless otherwise
stated on the auction website. Due to liability reasons, no children,
and only two (2) adult customers at a time, are allowed in the
warehouse. Auction preview is limited to items available for sale
during the next 30 days.
4. Inspection:
The responsibility to determine the condition of the property rests
with the bidder. Prospective bidders are encouraged to inspect the
property prior to bidding, and to place bids based solely on their
personal inspection and evaluation. Prospective bidders will not be
allowed to test, operate or disassemble any item featured in an
auction.
5. Warranty: All equipment will be sold "as is", "where is", and "with all faults, if any". The City disclaims all warranties or guarantees, expressed or implied, as to the condition, quality, completeness or fitness for any particular or general purpose or compliance to safety regulations of the equipment being sold. Descriptions of items appearing in this online auction are believed to be correct. However, neither those descriptions, nor any oral statements made concerning any item, shall be considered as a warranty, expressed or implied.
THE
CITY OFFERS NO GUARANTEES OR WARRANTIES. DETERMINATION OF CONDTION,
FUNCTION, AND PERCEIVED OR ASSUMED VALUE IS THE SOLE RESPONSIBILTY OF
THE BUYER.
6. Ownership:
At the end of the auction, the highest bidder has entered into a
binding contract with the City, 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 City, for
example, typographical or other error.
Awarded items must be removed from the City's premises within 5 business days of the close of auction. However, no property may be claimed or removed prior to making full payment. If unclaimed by winning bidders, the City reserves the right to re-auction or award the item to the next highest bidder.
Bidders that fail to claim, pay for, and remove auction items from the City's premises by the close of business on the 5th business day after the close of the auction shall forfeit their rights to the auction item, and be declared as a default bidders. The City 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. Bidders should verify winning status before traveling to the City location.
7. Consideration of Bid. Draper City 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 Inc, a third-party payment processing company, collects all payments for Draper City. 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 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.
Payment by Credit Card
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.
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 another payment method such as a wire transfer.
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 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 Ã'winning bidderÃ" specifically naming you as their authorized representative, along with your own ID.
Bid Deposits. Draper City 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 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. Draper City may collect sales tax, unless the buyer has provided a valid tax-exempt certificate to Draper City 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.
8. Shipping:
Unless otherwise noted, all items sold must be picked up at Draper
City. The City 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 costs. The City 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 the City location at which such items are being
picked up.
9. Indemnification:
Buyers agree to indemnify and hold harmless the City for any and all
damages, claims, or liability of any nature or 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
City, its former, present and future agents, employees, officers,
officials and legal representatives (collectively know as "the
City") from any liability arising out of the sale and/or
concurrent negligence of the City for 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 City owned
property.
10. Liability:
Items are offered for sale using the services and web site of the
online auction services contractor. Under no circumstances will the
City be liable to any person or business entity for any direct,
indirect, special, incidental, consequential, or other damages or
losses based on, or caused by, any use of the auction web site, or
any other web site to which the site is linked, the content of such
web sites, or any viruses or other harmful components derived from
any such web sites, including, without limitation, any lost profits,
revenue, or use, business interruption, or loss of computer programs
or information. The City strives to make the online auction system as
accurate as possible. However, errors and equipment malfunctions are
possible and may occur without notice. In case of malfunctions of
hardware or software, the City reserves the right to cancel any sale,
even if an award notification e-mail has been received. The City
cannot and will not guarantee uninterrupted access to the auction
system.
11. Reproduction of Auction Materials and Resale of Items Listed: Bidders or website users may reproduce or copy images, photographs, or descriptions of property listed on the auction site for personal use only. Bidders and website users may not reproduce, display, or broadcast online auction materials by any means, or by using any media, without the express written permission of the City. The City reserves the right to disallow participation in the online auction by any website user or bidders at any time for violating applicable laws, ordinances, terms and conditions listed here, or for activity deemed unacceptable by the City. Before paying for and taking possession of the items listed for sale by the City, successful bidders and website users shall not post or list the same items for sale by any other means. Please be advised that the City auction staff reports suspected fraud or criminal activity to the proper authorities.
12. Privacy: The City gathers information from bidders so that it will know who has won an auction item. Personal information is not sold or rented. Personal information is used for the purpose of conducting online auctions and not used for any other purpose. Be advised that transactions of the City auction are subject to Utah Government Records Access and Management Act (GRAMA).
13. 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 Utah shall govern all matters relating to the use of this auction and purchase of items listed by the City on this site.
14. Removal. Buyer must remove auction item(s) from the agency 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 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 Agency name assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse Agency name for any damage to Agency name’s property caused by Buyer’s or Buyer Agent’s removal of auction item(s) from the premises. No maintenance may be performed on Agency name property.
Office of the City Purchasing Agent
1020
East Pioneer Road
Draper, Utah 84020