Utah County Government Surplus Sales
TERMS AND CONDITIONS OF ONLINE SALES
1. 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 their bid is accepted, by the dates and times specified and in accordance with these Terms and Conditions.
2. Eligibility: A buyer must be at least 18 years of age and legally able to enter into binding contracts as a buyer in an auction.
3. Condition of Items: All items are sold as-is, where-is, with all faults and defects therein. There are no warranties as to condition, merchantability, or fitness of use, either express or implied, on any item offered for sale.
4. Inspection: Items may be inspected prior to the auction closing time between the hours of 9:00 a.m. and 4:00 p.m. Mountain Time, Monday through Friday, excluding legal holidays. Most items offered for sale are used and may contain defects not immediately detectable. It is the responsibility of the bidder to closely examine each item. Buyer agrees that he/she is buying the property entirely upon his/her own examination or opinion.
5. Consideration of Bid: Utah County reserves the right to reject any and all bids and to withdraw from sale any of the items listed. Utah County reserves the right to set a minimum bid on any item. Utah County reserves the right to advertise for new bids if, in the judgment of Utah County, the best interest of Utah County will be promoted thereby. The sale of each item will be to the highest responsive and responsible Bidder. There shall be no refunds or adjustments to the successful bidder's price. All sales are final.
6. Notice of Award: Successful bidders will be issued a Notice of Award by email from PublicSurplus.com
7. Binding Contract: At the time a Notice of Award is issued to a successful bidder, a legally binding contract is established between Utah County and the successful bidder.
8. Payment: PayMac, a third-party payment processing company, receives all payments for Utah 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.
Wire Transfers
If you need to do a wire transfer (which is required for certain transactions), please see the PublicSurplus Wire Transfer guidelines in the Help menu located at the top left of every page on the PublicSurplus web site. (Click on Help , then under the Select Help Category drop-down menu, select Wire Transfers .
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.
9. Pick-Up Procedures:
A. You will be notified upon receipt of payment. You may then pick up the purchased item(s) at the specified pick-up location between the hours of 9:00 a.m. and 4:00 p.m. Mountain Time, Monday through Friday, excluding legal holidays. 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 pick-up location, or the auction item(s) will not be released to you.
B. If you are picking up an item for someone else, you will need to bring (1) the Notice of Award, (2) the Paid Receipt (photo copies are acceptable), (3) YOUR personal identification (such as a Driver License). PLUS (4) a note from the designated winning bidder specifically naming you as authorized representative.
10. Bid Deposits: Utah County may require bid deposits in order to ensure fairness to all bidders. PayMac handles all bid deposit transactions. 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.
11 Buyers Premium: A Buyers 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.
12. Removal: All items must be removed within ten (10) business days from the date of issuance of the Notice of Award. Purchases will be released only upon receipt of full payment as specified. The Buyer is responsible for loading and removal of any and all items awarded to them from the place where such items are located as indicated on the website and in the Notice of Award. The Buyer shall perform all work necessary, including packing, loading, and transportation of purchased items. Under no circumstances will Utah County assume any responsibility for packing, loading, shipping or other work necessary for removal of the purchased items. All purchased items must be removed by the Buyer with no debris or unwanted materials, equipment, and/or vehicle(s) left at the pickup location. If the Buyer, after making payment for an item, fails to remove the item within the specified time, Utah County reserves the right (1) to retain all payments; and (2) to dispose of the item through another auction or otherwise.
13. Taxes: Any and all federal, state, and local taxes due on any purchased item shall be the responsibility of the Buyer to remit directly and will not be included by Utah County as part of the sale transaction. Sales tax will not be included in the purchase price of any item. It is the responsibility of the buyer to pay any sales tax due on a vehicle before licensing the vehicle or any sales tax due on any other item. Property taxes may be due on some or all vehicles. It is the responsibility of the buyer to pay those taxes before licensing the vehicle.
14. Associated Costs: All costs associated with the sale of any item, including but not limited to packaging, loading, freight, insurance, and shipping, are the responsibility of the Buyer.
15. Vehicle Titles: Utah County will issue a title or certificate upon receipt of payment. Titles may be subject to restrictions as indicated in the item description on the website. Open titles cannot be issued. Utah County will not issue replacement titles.
16. 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 purchased items within the specified time. Default may result in termination of the contract and/or suspension from participation in future sales. If an item is unclaimed by the winning bidders, Utah County reserves the right to re-auction the item or to award the sale to the next highest bidder. If the Buyer fails in the performance of their obligations, Utah County may exercise such rights and may pursue such remedies as are provided by law.
17. Liability: Items are offered for sale using the services and web site of the online auction services provider. Under no circumstances will Utah County be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages or losses based on or caused by any use of the auction web site or any other web site to which the site is linked, the content of such web sites, or any viruses or other harmful components derived from any such web sites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information, even if Utah County has been specifically advised of the possibility of such damages or losses. Under no circumstances shall the liability of Utah County exceed the actual purchase price of the item sold.
18. Indemnification: Buyers agree to indemnify, save and hold harmless Utah County, its officers, employees, and agents, from and against any and all claims, demands, causes of action, orders, decrees, judgements, losses, damages, and liabilities (including all costs and attorney's fees incurred in defending any claim, demand, or cause of action) occasioned by, growing out of, or arising or resulting from this auction or any subsequent sale or the Buyer's use of any item purchased hereby.
19. Reproduction of Auction Materials and Resale of Items Listed: Bidders or website users may reproduce or copy images, photographs, or descriptions of property listed on the auction site for personal use only. Bidders and website users may not reproduce, display, or broadcast online auction materials by any means, or by using any media, without the express written permission of Utah County. Utah County reserves the right to disallow participation in the online auction by any website user or bidders at any time for violating applicable laws, ordinances, terms and conditions listed here, or for activity deemed unacceptable by Utah County. Before paying for and taking possession of the items listed for sale by Utah County, successful bidders and website users shall not post or list the same items for sale by any other means.
20. Applicable Law: The auctioning and sale of all items, and any contract resulting therefrom, shall be governed by the laws of the State of Utah.