AGENCY ONLINE SALES TERMS AND CONDITIONS
Contract.
An award of sale is a contract between the winning bidder and Summit
County Executive upon the terms and conditions set forth
herein. Summit County
Executive 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. Summit County
Executive 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. Some or all items may have been
declared
unsafe in their present condition by a federal or
state safety standard. Buyers should
inspect and, if necessary,
repair/test all items prior to any use. 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. Summit County Executive
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 Summit County Executive
confirms
that the property does not conform to the description,
Summit County Executive will
keep the property and refund any
money paid. The liability of Summit County
Executive shall not
exceed the actual purchase price of the property. Please note that
upon removal of the property, all sales are final.
OR
No Description Warranty. Summit County Executive 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.
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 Summit County Executive 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. Summit
County Executive 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, Summit County Executive reserves the right to
sell the auction
item to the next highest bidder, relist the
item for auction, or otherwise dispose of the
item at Summit
County Executive's discretion.
Notice of Award.
Successful bidders will receive a Notice of Award by email from
PublicSurplus.com
Payment. PayMac, LLC. a
third-party payment processing company, receives
all payments
for Summit County Executive. Payment for an awarded item must be
received within five (5) business days after the date of 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
partially pay 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.
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. Please follow them exactly to ensure prompt
payment.
Pick-Up and Third Party Pick-Up Procedures
1.
Upon receipt of payment, You will be notified by email sent to
the address You
provided at registration with
Publicsurplus.com. You may then contact Summit
County Executive
and arrange for a mutually convenient pick-up time. You must
bring
to the pick-up location (1) the Notice of Award, (2) the Paid Receipt
and
(3) personal picture identification (such as a Driver
License). You 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,
along with your own personal picture
identification. In addition, you must arrange
for the winning
bidder to send an e-mail from the winning bidder e-mail address
used
for the auction, stating that you are authorized to pick-up the item.
Shipping. We cannot ship any item(s). However, you 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.
Bid Deposits. Summit County Executive 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 10% will be added to the final sale price with a
$1
minimum charge per auction to collect payment. The premium will be
visible during
the bidding process and will be included in the
payment required.
State/Local Sales and/or Use Tax.
Summit County Executive may collect sales tax,
unless the Buyer
has provided a valid tax-exempt certificate to Summit County
Executive prior to payment. If applicable, the sales tax will
be visible during the bidding
process and will be included in
the payment specified.
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 Summit County
Executive
assume responsibility for packing, loading or transporting auction
item(s).
Buyer shall be liable to and reimburse Summit County
Executive for any damage to
Summit County Executive's property
caused by Buyer's or Buyer Agent's removal of
auction item(s)
from the premises. No maintenance may be performed on Summit
County
Executive property. For additional information, please contact Jon
Holland,
(330) 926-2492, jholland@summitoh.net
Abandonment of Item. Auction items paid for but not picked up
within the specified
time will be stored for 15 days from the
last date of available pickup. Summit County
Executive will
charge a storage fee of $25.00 per day during this time, which must
be paid
by Buyer before the item will be released. At the
expiration of the 15 day period, the item
will be deemed
abandoned and may be auctioned again to pay the storage fee. Any
amount received in excess of the storage fee will
be retained by Summit County
Executive as payment for
additional efforts to dispose of the item.
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, Summit County Executive will refund any
money
paid. The liability of Summit County Executive shall not exceed the
actual
purchase price of the property.
Vehicle
Titles. Summit County Executive 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. Summit County Executive 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, Summit County
Executive may retain Buyer's bid
deposit and exercise such
rights and 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*
