AGENCY ONLINE SALES TERMS AND
CONDITIONS
Contract. An award of sale is a contract between the winning
bidder and the City of St. George upon the terms and
conditions set forth herein. The City of St. George 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.
The City of St. George 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.
No Description Warranty. The City of St. George 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 the City
of St. George 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. The City
of St. George 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, the City of St. George 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 the City of St.
George'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 the City of St. George. 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 the City of St. George 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. The City of St. George 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 10.5% 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. The City
of St. George may collect sales
tax, unless the Buyer has provided a valid tax-exempt certificate to City of St. George 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 five (5) 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 the City of St. George assume
responsibility for packing, loading or transporting auction item(s). Buyer
shall be liable to and reimburse the City of St. George for
any damage to the City of St. George's property
caused by Buyer's or Buyer Agent's removal of auction item(s) from the
premises. No maintenance may be performed on the City of
St. George property. For additional information,
please contact Brett Whitelaw: brett.whitelaw@sgcity.org
Abandonment of Item. Auction
items paid for but not picked up within the specified time will be immediately
relisted on publicsurplus.com.� No
refunds will be given if the buyer does not pick up the item within the
specified time.
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,
the City of St. George will refund any money paid. The
liability of City of St. George shall not exceed the actual purchase price of the
property.
Vehicle Titles. The City
of St. George 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 City of St. George 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, the City of St. George 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*