State of Wyoming Department of Administration and Informationâ€"
General Services Division, Surplus Property
ALL BIDDERS
AND OTHER PARTICIPANTS OF THIS AUCTION AGREE THAT THEY HAVE READ AND
FULLY UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND
THEREBY.
Conditions of Sale
Warranty:
Sale of all
surplus property is, as is and where is, with all faults and without
warranty. GSD/SURPLUS PROPERTY 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. Neither those descriptions, nor any oral statements
made concerning any item, shall be considered as a warranty,
expressed or implied.
GSD/SURPLUS PROPERTY will furnish no
services of any kind to the bidder for any and all costs associated
with shipping including but not limited to packaging, crating,
loading, freight unless otherwise indicated. Note: No refunds or
adjustments will be made on any award(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.
GSD/SURPLUS PROPERTY
reserves the right to disallow participation in the online auction by
any web site user or bidders at any time for violating applicable
laws, ordinances, terms and conditions listed here, or for activity
deemed unacceptable by GSD/SURPLUS PROPERTY.
Inspection: The
responsibility to determine the condition of the property rests with
the bidder. Prospective bidders are invited 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.
A six percent
(6%) sales tax will be on non-vehicle items.
A seven
percent (7%) surcharge shall be added to all purchases made. The
surcharge is the cost to GSD/SURPLUS PROPERTY for the utilization of
the third-party Web site provider. The buyer shall add and include
the surcharge amount when making payment to GSD/SURLUS
PROPERTY.
GSD/SURPLUS PROPERTY reserves the right to withdraw
any equipment and/or vehicles from the sale up until the time the
sale of the equipment and/or vehicles is awarded. GSD/SURPLUS
PROPERTY reserves the right to set a minimum bid on any equipment
and/or vehicles. GSD/SURPLUS PROPERTY further reserves the right to
advertise for new bids if, in the judgment of GSD/SURPLUS PROPERTY,
the best interest of GSD/SURPLUS PROPERTY will be promoted thereby.
The successful bidder shall be required to remit payment within
five (5) business days after notice of successful bid and
remove the property within ten (10) business days from the
date of the successful bid. Property may be removed by appointment
only between the hours of 9:00a.m. and 4:00p.m., Monday through
Friday, excluding legal holidays.
No property may be
claimed or removed prior to making full payment. Purchases will be
released only upon receipt of payment as specified. Bidders should
verify winning status before traveling to GSD/SURPLUS PROPERTY
location.
Payment. PayMac, a third-party payment processing
company, receives all payments for State of Wyoming GSD/SURPLUS
PROPERTY. Payment for an awarded item must be received within five
(5) business 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 "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 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. Wire Transfers take up to 48 hours to process.
If
the purchaser fails to pay for the property within five (5)
business days, the surplus property purchased may be promptly
re-sold in such manner as GSD/SURPLUS PROPERTY may elect and the
defaulting purchaser may be charged with any loss or additional costs
incurred and shall not be allowed to bid on future auctions.
Taxes:
Any and all taxes, federal, state and local, due on the sale of the
equipment and/or vehicle(s) shall be paid by the successful bidder.
Indemnification: Buyers agree to indemnify and hold harmless
the State of Wyoming and GSD/SURPLUS PROPERTY (collectively known as
"the State") 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 State, its former, present and
future agents, employees, officers, officials and legal
representatives from any liability arising out of the sale and/or
concurrent negligence of the State 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 State owned
property.
Liability: Items are offered for sale using the
services and web site of the online auction services contractor.
Under no circumstances will the State 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, including, without
limitation, any lost profits, revenue, or use, business interruption,
or loss of computer programs or information. GSD/SURPLUS PROPERTY
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,
GSD/SURPLUS PROPERTY reserves the right to cancel any sale, even if
an award notification e-mail has been received. GSD/SURPLUS PROPERTY
cannot and will not guarantee uninterrupted access to the auction
system.
Sovereign Immunity: The State does not waive sovereign
immunity and specifically retains immunity and all defenses available
to it as sovereign pursuant to Wyo. Stat. §
1-39-104(a) and all other applicable 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
Wyoming shall govern all matters relating to the use of this auction
and purchase of items listed by GSD/SURPLUS PROPERTY on this
site.
Wyoming Department of Administration and
Information
General Services Division
Surplus Property
2045 Westland
Road
Cheyenne, WY 82002