Agency Online Sales - Terms and Conditions
City of Rockford, Illinois
These Terms Are Binding and May Change
By using this site and submitting a bid, you agree to be bound by these terms. The City may change these terms at any time without notice. Please review the current terms before using this site or placing a bid.
Inspection
You are strongly encouraged to inspect any property before bidding. Follow the inspection dates and times listed in the item description, or contact the person named there to schedule an inspection.
Auctions Are With Reserve; the City May Withdraw Items
All auctions are held with reserve under 810 ILCS 5/2-328, whether or not a minimum or reserve price is listed. At its sole discretion the City may reject any or all bids, withdraw any item, cancel or reschedule any auction, correct listing errors, or decline to award a sale at any time before it accepts a bid. No bid is accepted and no contract exists unless and until the City issues a written Notice of Award or otherwise confirms acceptance in writing.
Bid Deposits
The City, at its sole discretion, may require a bid deposit. Your deposit is returned if you do not win or if no default occurs. The City keeps the deposit if you win and then default.
Buyer's Premium
A buyer's premium is added to the final sale price, with a $1.00 minimum per auction, to cover payment processing. The premium is shown during bidding and included in the amount you owe.
Sales and Use Tax
The City may collect sales tax unless you give the City a valid tax-exemption certificate before payment. Any tax that applies is shown during bidding and included in the amount you owe.
Notice of Award
Winning bidders will receive a Notice of Award by email from PublicSurplus.com.
Vehicle Titles
The City issues a title once payment is received. Titles may carry the restrictions noted in the item description. The City does not issue open titles or replacement titles.
Payment
All payments go to PayMac, the City's third-party payment processor. You must pay for an awarded item within five (5) business days after the date of the Notice of Award.
Pay online by credit card or by wire transfer only. No cash, checks, or money orders are accepted. The credit card limit is $4,000.00 per transaction. If your total - including the sale price, buyer's premium, taxes, and any other charges - is more than $4,000.00, you must pay by wire transfer (see Wire Transfers below).
Paying by Credit Card
Log in to the Public Surplus site. Click "My Stuff," then "Past Bids." Click the auction description, then click "Pay Online" on the right side of the screen, and follow the steps. A receipt is emailed to you once payment clears.
Wire Transfers
A wire transfer is required for payments over $4,000.00. To get instructions, email buyersupport@publicsurplus.com or use live chat to request them. The instructions are emailed to you - follow them carefully so your payment is processed promptly.
No Partial Payments
Partial payments are not allowed. Each auction must be paid in full in a single transaction using the required method. You cannot split payment across methods (for example, part by credit card and part by wire), and all credit card payments must use one card.
Removal
You must remove your item from City premises within ten (10) business days after the date of the Notice of Award. If you pay for an item but do not remove it in time, the City may keep all payments and dispose of the item through another auction or otherwise.
You are responsible for packing, loading, removing, and transporting everything you buy from the location listed on the website and in the Notice of Award. The City will not pack, load, or transport items, and is not responsible for any injury or damage caused by you or your agents during packing, loading, or removal. You must reimburse the City for any damage to City property caused by you or your agents during removal. No maintenance may be performed on City property.
Pickup and Third-Party Pickup
Once your payment is received, you will be notified by email at the address you registered with PublicSurplus.com. Contact the City to arrange a pickup time. Bring all three of the following to pickup: (1) the Notice of Award, (2) the Paid Receipt, and (3) photo ID (such as a driver's license). If you do not present all three, the item will not be released.
If you are picking up for someone else, bring the Notice of Award and Paid Receipt (copies are fine), a note from the winning bidder naming you as their authorized representative, and your own photo ID. The winning bidder must also email the City from the email address used for the auction confirming that you are authorized to pick up the item.
To have an item shipped, you may hire a local carrier of your choice to pick up, package, and ship it. You are responsible for meeting the pickup requirements above so the item can be released.
Abandoned Items
If you pay for an item but do not pick it up in time, the City will store it for 15 days after the last available pickup date and charge a storage fee of $50.00 per day. You must pay the storage fees before the item is released. After 15 days, the item is considered abandoned and may be re-auctioned to recover the storage fees. The City keeps any amount from a re-auction that exceeds the accrued storage fees and reasonable re-auction costs, and owes you nothing from any surplus. You remain liable to the City for any shortfall, including storage fees and the cost of disposing of the item.
Risk of Loss
If an item is lost or destroyed after the Notice of Award is sent but before you remove it - and the loss is not caused by you, your agent, or your employee - the City will refund what you paid. The City's liability will not exceed the purchase price of the item.
Sold As-Is; No Warranties
All property is sold as-is, where-is, with no warranty, guarantee, or representation of any kind - including as to description, safety, condition, usability, value, merchantability, authenticity, or fitness for any purpose. The City describes items only as a convenience for listing purposes; do not rely on those descriptions. Do not assume the City has investigated or examined an item's identity, nature, condition, safety, or function.
Items may have been declared unsafe under a federal or state safety standard, announcement, or recall, or may have defects that make them dangerous or unsuitable for use. Before placing, storing, or using any item, you - or a qualified professional if the work is beyond your skill - should inspect it, test it appropriately, and repair it if needed.
Limitation of Liability; Exclusive Remedy; Release
Despite anything else in these terms, the City's total liability arising out of or relating to any auction, sale, or item will not exceed the purchase price paid for that item. The City is never liable for lost profits or for any special, direct, indirect, incidental, consequential, or punitive damages arising out of or related to the sale, removal, possession, use, misuse, condition, or performance of any item you buy. Where these terms provide a refund of the purchase price, that refund is your sole and exclusive remedy.
On behalf of yourself and your successors and assigns, you release and forever discharge the City and its officials, officers, employees, agents, and volunteers from all claims, demands, liabilities, damages, losses, costs, and expenses - including claims for personal injury, death, or property damage - arising out of or related to your purchase, removal, possession, use, misuse, transportation, storage, or disposal of any item.
Indemnification
On behalf of yourself and your heirs, successors, and assigns, you agree to indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from any claim, demand, loss, liability, cost, or expense (including reasonable attorneys' fees) or cause of action arising or alleged to arise out of the sale or failure to sell, or your inspection, removal, transport, possession, or use of any surplus property - including claims for personal or bodily injury, death, property damage, or contract damages. This obligation survives the close of the auction, payment, and removal of the property.
Default
You are in default if you, among other things: (1) fail to follow these terms; (2) fail to make full and timely payment; or (3) fail to remove all items in time. Default may end your bid contract and suspend you from all future sales until the default is cured. If you fail to meet your obligations, the City may keep your bid deposit and pursue any rights and remedies available under the law.
Governing Law and Venue
These terms are governed by Illinois law, without regard to its conflict-of-laws rules. Any action arising out of or relating to an auction or sale must be brought only in the Circuit Court of the Seventeenth Judicial Circuit, Winnebago County, Illinois.
Severability
If any provision of these terms is held invalid or unenforceable, the rest stays in full effect, and the invalid provision will be reformed only as much as needed to make it enforceable.
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