AGENCY ONLINE SALES TERMS AND CONDITIONS
Contract. An
award of sale is a contract between the winning bidder and Eddy
County upon the terms and conditions set forth herein. Eddy 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. Eddy 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. Eddy 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.
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.
Bidder agrees for and on behalf of bidder, bidder's heirs, successors
and assigns that bidder shall indemnify and hold Eddy 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. Eddy
County reserves the right to reject any and all bids and to withdraw
from sale any of the items listed before a notice of award is
delivered.
Reserve Requirement. If there is a reserve
requirement and the reserve price is not met by the close of bidding,
Eddy 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 Eddy County's discretion.
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, receives all payments for Eddy 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 Eddy County 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 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 (photo copies 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. Eddy 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.
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. Eddy
County may collect sales tax, unless the Buyer has provided a valid
tax-exempt certificate to Eddy 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 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 Eddy County assume responsibility for packing,
loading or transporting auction item(s). Buyer shall be liable to and
reimburse Eddy County for any damage to Eddy 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 Eddy County property.
For additional information, please contact Jessica Stygar, (575)
887-9511, ext. 2521, jessica@co.eddy.nm.us.
Abandonment of
Item. Auction items paid for but not picked up within the specified
time will be stored for 15 days from the last date of available
pickup. Eddy County will charge a storage fee of $10 per day during
this time, which must be paid by Buyer before the item will be
released. At the expiration of the 15 day period, the item will be
deemed abandoned and may be auctioned again to pay the storage fee.
Any amount received in excess of the storage fee will be retained by
Eddy County as payment for additional efforts to dispose of the
item.
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, Eddy County will refund any
money paid. The liability of Eddy County shall not exceed the actual
purchase price of the property.
Vehicle Titles. Eddy
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. Eddy 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, Eddy County may retain Buyer's 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*
