AGENCY ONLINE SALES TERMS AND CONDITIONS
All Buyers Are Required to Fully Read and Understand
the Terms of the Sale Prior to Placing Their Bids.
Contract
An award of sale is a contract between the winning bidder and Metropolitan Transit Authority Harris County upon the terms and conditions set forth herein. Metropolitan Transit Authority Harris County 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. Metropolitan Transit
Authority Harris County 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
Metropolitan Transit Authority Harris County 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. 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 schedule inspection of the property prior to bidding. Bidders must secure an appointment with the contact person listed during the inspection dates and times indicated in the item description. No inspection appointment will be scheduled on the final day of bidding.
Indemnification
Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold Metropolitan Transit Authority Harris County 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. Metropolitan Transit Authority Harris County reserves the right to reject all bids and to withdraw from sale any of the items listed before a notice of award is delivered. Some auctions may be manually awarded, and it may take a few business days for winning bidder to be notified of award.
* Please note: If you are blocked by other agencies within Public Surplus, you could potentially be blocked by Metropolitan Transit Authority of Harris County as well.
Thus, it is imperative that you rectify any outstanding issues to ensure your bidding opportunities remain intact going forward.
Reserve Requirement
If there is a reserve requirement and the reserve price is not met by the close of bidding,
Metropolitan Transit Authority Harris County 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 Metropolitan Transit Authority Harris County'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 Metropolitan Transit Authority Harris County. 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 Metropolitan Transit Authority Harris County and schedule 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 (photocopies 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
Metropolitan Transit Authority Harris County may require bid deposits 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
Metropolitan Transit Authority Harris County may collect sales tax unless the Buyer has provided a valid tax-exempt certificate to Metropolitan Transit Authority Harris County 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, towing, 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,
towing, and transportation of the property. Under no circumstances will Metropolitan
Transit Authority Harris County assume responsibility for packing,
loading, or transporting auction item(s). Buyer shall be liable to and
reimburse Metropolitan Transit Authority Harris County for any
damage to Metropolitan Transit Authority Harris County's property
caused by Buyer's or Buyer Agent's removal of auction item(s) from the
premises. No maintenance may be performed on Metropolitan
Transit Authority Harris County property. Metropolitan
Transit Authority Harris County will not assist with jumpstarting of any
vehicles purchased.
For additional information, please contact:
Mark Batiste
(713) 739-3747 MB64@ridemetro.org
Or
Annie Noel
(713) 615-6154 AN106@ridemetro.org
Or
Constance Bell
(713) 615-6233 CB112@ridemetro.org
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, Metropolitan Transit Authority Harris County will refund any money paid. The liability of Metropolitan Transit Authority Harris County shall not exceed the actual purchase price of the property.
Vehicle Titles
Metropolitan Transit Authority Harris County will issue a title or certificate upon receipt of payment. Buyers shall be held responsible to file all title transfers and registration documents with their local vehicle registration authority. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. Metropolitan Transit Authority Harris County 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, Metropolitan Transit Authority Harris County may retain Buyers 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*