CENTRAL
ARIZONA WATER CONSERVATION DISTIRCT (CAWCD)
ONLINE AUCTION TERMS & CONDITIONS
1. AWARD: At the time the auctioneer awards sale
of item to bidder, a legally binding contract is established between the CAWCD
and the bidder. The CAWCD will pursue legal remedies allowed by law against any
bidder who fails to make required payment(s).
2. ERRORS & OMISSIONS: The CAWCD 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
himself/herself as to the details and conditions of material offered.
3. NO WARRANTY: All items are sold AS IS WHERE IS.
There are no guarantees, express or implied. There are no warranties
express or implied as to condition, usability, merchantability, or
fitness for a particular purpose. Some or all of these
items may have been declared unsafe in their present condition by a federal or
state safety standard. The purchaser should inspect and, if necessary,
repair/test all items prior to any use.
4. INDEMNIFICATION: Bidder agrees for and on
behalf of bidder, bidder's heirs, successors and assigns that bidder shall
indemnify and hold the CAWCD 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.
5. Payment. PayMac, A
third-party payment processing company, receives all payments for CAWCD.
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 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 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. 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. You will be notified upon receipt of payment.
You may then contact the responsible party listed for the auction item and
arrange 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
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 (photo copies are acceptable), plus a note from the
designated winning bidder specifically naming you as authorized representative,
along with your own personal 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.
Bid Deposits. CAWCD 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.
6. PROPERTY REMOVAL: Except as stated herein, no
service of any kind will be furnished by the CAWCD, and the bidder shall assume
all cost of removing property from the pickup location and of obtaining any
necessary paperwork. We are not equipped for shipping items (supply of boxes,
tape, pallets, packaging, etc.). You must arrange for packaging, pickup,
insurance, and delivery with a carrier of your choice. We are not responsible
for items after bidder takes possession. The buyer shall reimburse the seller
for any damage to the seller's property caused by the removal operations of the
buyer.
7. FAILURE TO PICK-UP: Removal must occur within
15 business days after notification of award of the winning bid. Property paid
for but not picked up by the original bidder within 15 business days will be
considered abandoned and no refunds will be issued.
8. SALES TAX: Appropriate sales taxes will be
changed on all purchases. Buyers that are exempt from Transaction Privilege
(Sales) Tax must present a completed Exemption Certificate - General (Sales to
a Business, Native Americans, Government Entity or Nonresidents) [Form 5000A]
at the time of payment.
https://www.azdor.gov/LinkClick.aspx?fileticket=FUpap70_3iY%3d&tabid=264&portalid=0&mid=868
Failure to provide a complete and valid form at
the time of payment will subject the buyer to all applicable sales tax. All
sales are final, no refunds or adjustments will be made.
9. VEHICLE PAINT: Per Arizona Revised Statute
Section 28-902, ANY YELLOW VEHICLE MUST BE REPAINTED BY THE BUYER.
10. DEFAULT BUYERS: Any bidder who fails to pay
for an awarded auction or fails to pick up property that has been awarded and
paid for shall not be allowed to bid on future auctions with the CAWCD. In
addition, the CAWCD reserves the right to block bidders from participating in
CAWCD auctions if they have defaulted on auctions with other public entities.
Bidders will be blocked by username, registered name
and registered email address. Blocked bidders shall not be allowed to bid on,
pay for, or pickup any auction item.
11. WITHDRAWAL: The CAWCD reserves the right to
withdraw any item from the sale up until the time the sale of the item is
awarded. The CAWCD reserves the right to set a minimum bid on any item.
All items must be picked up from the seller's
property within fourteen (14) calendar days following the close of auction.
