TOWN
OF LEESBURG
SURPLUS
AUCTIONS
TERMS
AND CONDITIONS
Effective
January 1, 2020
1.
AUTHORITY: The Chief Procurement Officer (CPO) or designee within the
Procurement Office, has the sole responsibility and authority for
placing negotiating, modifying and accepting the results of every
auction by the Town of Leesburg.
2.
DEFINITIONS:
BIDDER/BUYER/PURCHASER:
Any individual, company, firm, corporation, partnership or other
organization bidding by auction or on solicitations issued by the CPO
or designee and offering to enter into a contract with the Town for
the purchase of surplus equipment, vehicles, or other goods. The term
"bidder", "buyer" and "purchaser" may
be used throughout this document and shall have the same meaning.
CHIEF
PROCUREMENT OFFICER (CPO): The Purchasing Agent employed by the Town
of Leesburg, Virginia.
DEPARTMENT
DESIGNEE: An employee of the Town of Leesburg, Virginia assigned to
the Department which is providing surplus items for auction.
PROCUREMENT
OFFICE DESIGNEE: An employee of the Town of Leesburg, Virginia
assigned to the Procurement Office.
TOWN:
Town of Leesburg, Virginia
DEFAULT:
Default shall include: (1) failure to observe the Terms and
Conditions herein; (2) failure to make good and timely payment; or
(3) failure to remove all items within the specified time.
3. INSPECTION: The responsibility to determine the condition of the property rests with the buyer. Most items offered for sale are used and may contain defects not immediately detectable. The Town shall have the equipment and/or vehicle(s) available for inspection by appointment only unless otherwise posted in any particular auction. Prospective bidders will not be allowed to test, operate or disassemble any item featured in an auction.
4. DISCLAIMER OF ALL WARRANTIES: PROPERTY IS OFFERED FOR SALE AND ACCEPTED BY THE BUYER "AS IS". THE TOWN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY BASED ON A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE.
5. ELIGIBILITY: A buyer must be a minimum of 18 years old and legally able to form binding contracts as a buyer in an auction, Town employees and their immediate family members are prohibited from participating in Town sponsored auctions.
6.
ONLINE BIDDING: Each bid is received with the understanding that
written acceptance by the Town, in the form of a winning notice from
PublicSurplus.com, of the offer to purchase any or all of the items
described therein shall constitute a contract between the buyer and
the Town upon the terms stated herein.
7.
CONSIDERATION OF BIDS: The Town reserves the right to reject any and
all bids and to withdraw from sale any of the items listed.
8. BIDS FOR ALL OR PART: The Town reserves the right to award by item, groups of items, or total bid, to reject any and all bids or portions thereof and to make awards if in its judgment the best interests of the Town will be served.
9. NOTICE OF AWARD: Successful buyers will receive a Notice of Award by email from PublicSurplus.com.
10. PAYMENT: PayMac, a third-party payment processing company, receives all payments for the Town. 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 debit/credit card or by wire transfer. NO
CASH, CHECKS, OR MONEY ORDERS OR CERTIFIED FUNDS WILL BE ACCEPTED. If
you choose to pay with a debit or 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
(www.publicsurplus.com). 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
Payments. There will be NO partial payments allowed/accepted 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.
buyersupport@publicsurplus.comWire
Transfers.
For payments over $4,000.00, a Wire Transfer is required. If you need to do a wire transfer, please email support at 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.
Public
Surplus will notify you upon receipt of payment. The Town will
contact the successful bidder after full payment has been received to
arrange for a mutually convenient time that the item is available for
pick up. You will need to bring the payment receipt confirmation or
the auction item(s) will not be released to you.
Bid
Deposits. The Town may require bid deposits in order to ensure
fairness and equity to all buyers as a way to decrease default
bidding. The deposit will be reversed if no default occurs or the
bidder does not win the auction. Public Surplus will collect and
retain the deposit if there is a default by the winning bidder.
Buyers
Premium. A 5% Buyer Premium shall be added to the final sale price
with a $1 minimum charge per auction to collect payment.
ANY
BUYER WHO, FOR ANY REASON FAILS TO MAKE PAYMENT ON EQUIPMENT AND/OR
VEHICLE(S) WITHIN THE SPECIFIED TIME FRAME SHALL NOT BE ALLOWED TO
BID ON FUTURE AUCTIONS.
11. STATE/LOCAL SALES AND/OR USE TAX: The Town will collect sales tax on all applicable property.
**
TAX EXEMPTION FOR VIRGINIA DEALERS: Virginia dealers must submit a
signed tax exemption form in order for the sales tax to be removed
from certain surplus auctions. There are several tax exemption forms
that may be applicable to the item being sold. Virginia Department of
Taxation Form ST-10 (The Virginia Retail Sales and Use Tax Act)
provides that the Virginia Sales and use tax shall not apply to
tangible personal property purchased for resale; that such tax shall
not apply to tangible personal property purchased for future use by a
person for taxable lease or rental as an established business or part
of an established business, or incidental or germane to such
business, including a simultaneous purchase and taxable leaseback.).
The Virginia Department of Taxation Form ST-14 is a certificate of
exemption for use exclusively by an OUT-OF-STATE DEALER who purchases
tangible personal property in Virginia for immediate transportation
out of the Commonwealth of Virginia in his own vehicle for resale
outside this state. This Certificate of Exemption may not be used by
a using or consuming construction contractor as defined in the
Regulations) **
12.
REMOVAL: Purchases will be released only upon receipt of payment as
specified. The Town will contact the successful bidder after full
payment has been received to arrange for a mutually convenient time
that the item is available for pick up. A confirmed appointment for
the removal of purchased items with the successful bidder must be
made within five (5) business days from the time and date of issuance
of the Notice of Award. If the Town is not successful in contacting
the bidder for the removal of purchased items, the Town reserves the
right to relist the item and/or to dispose of the item in its best
interest. Successful bidders are responsible for loading and removal
and any and 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 will make all arrangements and perform all work
necessary, including packing, loading and transportation of the
property. Under no circumstances will the Town assume responsibility
for packing, loading or shipping. Unless otherwise directed by the
CPO in writing, property must be removed during normal business hours
of the pickup location, Monday through Friday, excluding legal
holidays.
ALL
PURCHASED EQUIPMENT AND/OR VEHICLE(S) MUST BE REMOVED BY SUCCESSFUL
BUYER WITH NO DEBRIS OR UNWANTED EQUIPMENT AND/OR VEHICLE(S) LEFT AT
THE PICKUP LOCATION. ANY BUYER WHO FAILS TO REMOVE ALL EQUIPMENT
AND/OR VEHICLE(S) WITHIN THE SPECIFIED TIME FRAME SHALL NOT BE
ALLOWED TO BID ON FUTURE AUCTIONS. BUYER SHALL BE RESPONSIBLE FOR ANY
DAMAGE OR COST INCURRED BY THE TOWN AS A RESULT OF BUYER'S REMOVAL OF
SUCH EQUIPMENT OR VEHICLES.
ANY
BUYER WHO REMITS PAYMENT BUT FAILS TO REMOVE ALL EQUIPMENT AND/OR
VEHICLE(S) WITHIN THE SPECIFIED TIME FRAME, SHALL NOT BE ISSUED A
REFUND AND WILL NOT BE ALLOWED TO BID ON FUTURE AUCTIONS. THE ITEM
WILL BE RELISTED.
13.
PURCHASED SURPLUS GOODS, EQUIPMENT, AND VEHICLES:
VEHICLES:
The Town will transfer a title and issue a Bill of Sale 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 Town will not issue replacement titles. It will take
approximately five (5) business days for titles to be processed after
confirmation of receipt of payment to the Town. Vehicles will not be
released without titles.
TO
ENSURE PROPER NOTIFICATION THAT YOUR ITEM(S) ARE READY FOR PICKUP,
PLEASE PROVIDE ACCURATE CONTACT INFORMATION IN THE AUCTION
PLATFORM.
QUESTIONS
FOR ANY ITEM WILL BE DIRECTED TO THE POINT OF CONTACT AS NOTED ON THE
AUCTION PLATFORM AND WILL BE ADDRESSED DURING REGULAR BUSINESS HOURS
MONDAY THROUGH FRIDAY 8:30AM -5PM.
THE
TOWN WILL ONLY RELEASE GOODS, EQUIPMENT OR VEHICLES TO THE BIDDER OR
THE BIDDER'S
DESIGNEE WHO MUST PROVIDE CURRENT AND VALID GOVERNMENT-ISSUED PHOTO
IDENTIFICATION UPON PICK-UP. THE BIDDER OR BIDDER'S
DESIGNEE MUST SIGN THE SALE RECEIPT PROVIDED BY THE TOWN AND THE
TOWN'S
DEPARTMENT DESIGNEE WILL RETAIN A SCAN COPY OF THE ID AND SIGNED
RECEIPT. THE BIDDER OR BIDDERS DESIGNEE WILL BE PROVIDED A COPY OF
THE SIGNED RECEIPT AND BILL OF SALE.
14.
LAW ENFORCEMENT GOODS AND EQUIPMENT:
Successful
bidders of law enforcement fire arm goods and equipment sold as part
of public surplus will be subject to a criminal history check.
Successful bidders must present identification, such as a drivers
license, prior to release of auction item. If the criminal history
check is not satisfactory to the Town, the Town reserves the right to
relist the item and/or to dispose of the item in its best interest.
Please note additional time may be required to complete this
process.
15. DEFAULT: Default shall include: (1) failure to observe the Terms and Conditions herein; (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 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 Town may exercise such rights and may pursue such remedies as are provided by law. In the event the purchaser fails to make payment as required, or fails to remove the property, and fails to cure the default within the specified time, the Buyer will lose all right, title, and interest which he might otherwise have acquired in and to the property.
16. ACCEPTANCE OF TERMS AND CONDITIONS: By submitting a bid, the bidder agrees that they have read, fully understand and accept these Terms and Conditions of Surplus Auctions, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified.
17. INDEMNIFICATION: Buyers agree to indemnify and hold harmless the Town 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 Town, its former, present and future agents, employees, officers, officials and legal representatives (collectively known as "the Released Parties") from any liability arising out of the sale or buyer's use of the property and/or concurrent negligence of the Released Parties 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 or use of Town owned property.
18. LIABILITY: Items are offered for sale using the services and web site of the line auction services contractor. Under no circumstances will the Town 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, or any viruses or other harmful components derived from any such web sites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information. In case of malfunctions of hardware or software, the Town reserves the right to cancel any sale, even if an award notification e-mail has been received. The Town cannot and will not guarantee uninterrupted access to the auction system.
19. LIABILITY AFTER AWARD: The purchaser shall assume all liability for the property after the award is made. The Town will exercise its normal care for protection up to the time for removal, but will not be responsible for any loss or damage whatsoever. No property may be removed by the purchaser prior to making full payment.
20. PRIVACY: The Town gathers information from bidders so that it will know who has won an auction item. Personal information is not sold or rented and is used for the purpose of conducting online auctions. However, as a public entity, bids submitted to the Town may be subject to public disclosure under the Virginia Freedom of Information Act. Bidders shall be mindful of this requirement and be governed accordingly.
21. LEGAL ACTION: No bidder or potential bidder shall institute any legal action until all statutory requirements have been met.
22. CONDITIONAL BIDS: Conditional bids are subject to rejection in whole or in part.
23. LATE BIDS: Any bid received by PublicSurplus.com designated in the solicitation after the exact time specified for receipt of the bid is considered a late bid. A late bid will not be considered for award.
24. PROPERTY DESCRIPTION: Condition is not guaranteed. If a mis-description is determined before removal of the property, the Town will keep the property and refund any money paid. If a mis-description is determined after removal, the Town will refund any money paid if the purchaser takes the property at his expense to a location specified by the CPO. No refund will be made unless the purchaser submits a written notice to the CPO within fifteen (15) calendar days of the date of removal that the property is mis-described and maintains the property in the same condition as when removed. Bidders may be required to submit an independent estimate of repairs from a reputable repair facility as part of their written notice to the CPO. Sale of property is without guarantees or warranties express or implied. The Town does not warrant the merchantability of the property or its fitness for any use or purpose. The amount of recovery and exclusive remedy under this provision is limited to return of the purchase price of the mis-described property. The purchaser is not entitled to any payment for loss of profit or any other money damages.
25. RISK OF LOSS: In the event the property is damaged or destroyed subsequent to it being available for sale and prior to removal, the purchase price will be adjusted by the CPO for loss, damage, or destruction occurring during such period in an amount as determined in the sole discretion of the CPO, to the extent it was not caused by the purchaser, its agents, or employees. At the discretion of the CPO, the adjustment may consist of rescission. No adjustment will be authorized under this provision unless the CPO is notified of the loss prior to removal.
26.
AWARD OF CONTRACT: The contract will be awarded to the highest
responsive, responsible bidder.