ONLINE SALES TERMS AND CONDITIONS
Guarantee Waiver: All property is offered for
sale as-is, where-is. Polk County 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: Polk County 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 Polk County confirms that the property does not conform to the description, Polk County will keep the property and
refund any money paid. The liability of Polk County shall not exceed the actual purchase price
of the property. 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 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: Polk County 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: Public Processing,
LLC. a third-party payment processing company, receives all payments for Polk County. 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: Polk County may require bid deposits in order 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.
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 the payment required.
State/Local Sales and/or Use
Tax: Polk County may collect sales tax,
unless the Buyer has provided a valid tax-exempt certificate to Polk 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, removing and transporting of 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 and transportation of the property. Under no circumstances will Polk County assume responsibility for
packing, loading or transporting.
For additional information, please contact Cassandra Polen, (503)
623-9287, polen.cassandra@co.polk.or.us
Vehicle Titles: Polk County 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. Polk 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, Polk County 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 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.