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ONLINE SALES - TERMS AND CONDITIONS
Guarantee Waiver
All property is offered for sale as-is, where-is. City of Thousand Oaks, CA 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
City of Thousand Oaks warrants to the Buyer that the property offered for sale will conform to its description. Any claim for misdescription must be made prior to removal of the property. If City of Thousand Oaks confirms that the property does not conform to the description, City of Thousand will keep the property and refund any money paid. The liability of City of Thousand Oaks shall not exceed the actual purchase price of the property. Please note that upon removal of the property, all sales are final.
The City of Thousand Oaks does not warrant conformity of vehicles to the requirements of the California Vehicle Code.
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.
Consideration of Bid
City of Thousand Oaks 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.
Bid Deposits
City of Thousand Oaks 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 10% Buyers Premium will 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.
Payment
Payment in full is due not later than five (5) business days from the time and date of the Notice of Award. Public Processing, LLC collects all payments for the City of Thousand Oaks. Payments shall be made on-line by credit card, or by 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. For payments larger than this amount follow the instructions listed under Wire Transfers.
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 wire transfer.
Credit Cards
Login to the Public Surplus site. Click on and then click on . Click on the description of the auction and then click on 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.
Wire Transfers
For payments over $4,000 a wire transfer is required. No Cash, Checks or Money Orders will be accepted. If you need to do a wire transfer please email Buyer Support at Buyersupport@publicsurplus.com asking for wire instructions or request the instruction via live Chat. These instructions will be emailed to you. Please follow them exactly to allow for prompt payment. Wire transfers may take up to 48 hours to process.
State/local Sales and/or Use Tax
PayMac, will collect sales tax on all items sold unless the buyer provides a tax-exempt certificate to the City of Thousand Oaks prior to making payment.
Removal
All items must be removed within ten (10) business days from the time and date of issuance of the Notice of Award. Purchases will be released only upon receipt of payment as specified. 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 the City of Thousand Oaks assume responsibility for packing, loading or shipping. Property may be removed between the hours of 8:00 am and 4:30 pm, Monday through Thursday and alternating Fridays, excluding City holidays. For additional information, please contact
Vehicle Titles
City of Thousand Oaks 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. City of Thousand Oaks will not issue replacement titles.
Vehicles
Pursuant to California Vehicle Code 24007.5 notice is given that all buyers of vehicles must obtain a certificate of compliance for smog control devices prior to registration. The document certifies the vehicle complies with applicable Health and Safety Code requirements. Purchases by dealers and vehicles sold for dismantling or for exclusive off-highway use are exempt from this requirement.
Diesel Powered Vehicles (over 14,000 GVW)
Recent changes to California law and codes will have direct impact on registration and use of diesel powered, on-road vehicles over 14,000 lbs Gross Vehicle Weight. The key regulations/codes are California Code of Regulations, Title 13. Motor Vehicles, Division 3. Air Resources Board Chapter 1, Article 4. Diesel Particulate Control Measures sections 2020 through section 2023.4. In effect the new regulations state that diesel powered, on-road vehicles may not be placed into service in California unless the engine is retrofit to compliance or is replaced with a compliant engine. Further, unless retrofit or re-powered, registration in California will not be permitted after January 1, 2008.
Diesel off-Road Vehicles
When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In- Use Off-Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board (CARB) website athttp://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm
Diesel-Fueled Vehicle Sales
In accordance with Title 13, California Code of Regulations, Section 2022.1 sales of medium and heavy duty on-road diesel fueled vehicles must be sold, registered and operated outside of the State of California. Therefore, the City will require the buyers identification information to complete the required State of California Air Resources Board Stop Request and Out-of-State Sales Verification forms to document the sale and act as notification to the buyer that the vehicle is not to be registered or operated in the State of California. Upon acceptance of these Terms and Conditions of online Sales, buyer agrees to defend and indemnify the City from any claim or any liability arising from use of the vehicle by buyer or any third-party buyer within the State of California.
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, City of Thousand Oaks or Public Surplus may exercise such rights and may pursue such remedies as are provided by law.
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.