Clearfield
City Corporation
CLEARFIELD CITY ONLINE SALES TERMS AND
CONDITIONS
Guarantee Waiver. All property is offered for
sale (as-is, where-is.) Clearfield City makes no warranty, guaranty
or representation of any kind, expressed or implied, as to the
merchantability or fitness for any purpose of the property offered
for sale. The Buyer is not entitled to any payment for loss of profit
or any other money damages special, direct, indirect, or
consequential.
Description Warranty. Clearfield City
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 Clearfield City confirms that the
property does not conform to the description, Clearfield City will
keep the property and refund any money paid. The liability of
Clearfield City shall not exceed the actual purchase price of the
property. Please note that upon removal of the property, ALL SALES
ARE FINAL with NO REFUNDS or EXCHANGES.
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. Buyer agrees to
indemnify and hold harmless Clearfield City for any and all damages,
claims, or liability of any nature or kind in the sale, or the
Buyer's use, of the property. The Buyer, its predecessors, successors
and assigns hereby release, relinquish, and discharge Clearfield
City, its former, present, and future employees and agents, from any
liability arising out of the sale or use of the property, including
any personal injury, death, or property damage.
Eligibility
to Bid. This auction site is available only to individuals who are
legally able to form binding contracts as the buyer of an auction
item. Individuals under the age of 18 are not eligible to participate
in the bidding process.
Consideration of Bid. Clearfield
City reserves the right to reject any and all bids and to withdraw
from sale any of the items listed.
Notice of Award.
Successful bidders will receive a Notice of Award by email from
PublicSurplus.com
Payment. PayMac Inc. a third-party
payment processing company, collects all payments for Clearfield
City. Payment for an awarded item must be received within 5 business
days of close of auction. Payment shall be made online by credit
card, or wire transfer. 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 "My
Stuff" and then click on "Past Bids". Click on the
description of the auction and then click on "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 of an auction allowed. All auctions must be
paid in full per payment process used per auction. 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.
Wire Transfers:
For payments over $4,000.00
a Wire Transfer is required. NO CASH, CHECKS, OR MONEY ORDERS WILL BE
ACCEPTED. If you need to do a wire transfer please email support at
buyersupport@publicsurplus.com 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.
Pick Up Procedures
1. Public Surplus will
notify the Buyer upon receipt of payment. The Buyer may then contact
the responsible party listed for that item and arrange for a mutually
convenient pick up time. The Buyer must bring the (Notice of Award)
with the (Paid Receipt) and personal identification such as a valid
Drivers License or valid state ID to the pickup location. The person
releasing the item will require the Buyer to show all three
documents. The Buyer must present these forms of identification at
the scheduled pick up or the auction item(s) will not be
released.
2. If you are picking up an item for someone
else, you will need to bring the receipt, (photo copies are
acceptable), plus a note from the designated (winning bidder)
specifically naming you as their authorized representative, along
with your own ID.
Buyers Premium: A Buyers Premium may be
added to the final sale price with a $1 minimum charge per auction to
collect payment. If added the premium will be visible during the
bidding process and will be included in payment to Public
Surplus
State/Local Sales and/or Use Tax. Clearfield City
may collect sales tax, unless the buyer has provided a valid
tax-exempt certificate to Clearfield City prior to payment. If
applicable the sales tax will be visible during the bidding process
and will be included in your payment to Clearfield City.
Removal.
Buyer must remove auction item(s) from said agencies premises within
5 business days of notification by Public Surplus of receipt of
payment, and within 10 business days from 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 any and all payments; and (2)
to dispose of the item as deemed desirable by the agency. 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 Clearfield City assume responsibility for packing,
loading or shipping. Property may be removed between the hours of 8am
and 4pm, Monday through Friday, excluding legal holidays.
Vehicle
Titles. Clearfield City 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. Clearfield City will not issue replacement titles.
Successful bidder assumes responsibility for all applicable taxes.
Sales tax will be paid to Utah State Tax Commission at the time of
title transfer. Buyers must transfer the title immediately.
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 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,
Clearfield City may exercise such rights and may pursue such remedies
as are provided by law. Governing Law and Venue. The laws of the
State of Utah shall govern in all respects, and jurisdiction and
venue shall be found in the courts of Utah County, State of
Utah.
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 Online Sales, and agree to pay
for and remove the property, if the bid is accepted, by the dates and
times specified.
