AGENCY
ONLINE SALES TERMS AND CONDITIONS
Contract
An
award of sale is a contract between the winning bidder and City of
Lancaster (CA) upon the terms and conditions set forth herein. City
of Lancaster (CA) 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. City of Lancaster (CA)
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
City
of Lancaster (CA) 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 City of Lancaster
(CA) confirms that the property does not conform to the description,
City of Lancaster (CA) will keep the property and refund any money
paid. The liability of City of Lancaster (CA) 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.
Indemnification
Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold City of Lancaster (CA) 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
City
of Lancaster (CA) reserves the right to reject any and all bids and
to withdraw from sale any of the items listed.
Reserve
Requirement. If there is a reserve requirement and the reserve price
is not met by the close of bidding, City of Lancaster (CA) 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 City of
Lancaster (CA)'s
discretion.
Notice
of Award. Successful bidders will receive a Notice of Award by email
from PublicSurplus.com
Payment
PayMac,
a third-party payment processing company, receives all payments for
City of Lancaster (CA). 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 City of Lancaster (CA) 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
City
of Lancaster (CA) 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
City
of Lancaster (CA) may collect sales tax, unless the Buyer has
provided a valid tax-exempt certificate to City of Lancaster (CA)
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 City of Lancaster (CA) assume responsibility for
packing, loading or transporting auction item(s). Buyer shall be
liable to and reimburse City of Lancaster (CA) for any damage to City
of Lancaster (CA)'s
property caused by Buyer's
or Buyer Agent's
removal of auction item(s) from the premises. No maintenance may be
performed on City of Lancaster (CA) property.
Abandonment
of Item
Auction
items paid for but not picked up within the specified time will be
considered abandoned. City of Lancaster (CA) will have the ability to
re-list any and all items designated as abandoned with no refund
being provided to the user. Please be advised.
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, City of Lancaster (CA) will refund any money paid.
The liability of City of Lancaster (CA) shall not exceed the actual
purchase price of the property.
Vehicle
Titles
City
of Lancaster (CA) 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.
City of Lancaster (CA) 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, City of Lancaster (CA) 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*