Lakeland Area Mass Transit District Online Sales Terms and Conditions
Contract. An award of sale is a contract between the winning bidder (hereinafter 'Buyer' and the Lakeland Area Mass Transit District upon the terms and conditions set forth herein. The Lakeland Area Mass Transit District 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. Lakeland Area Mass Transit District 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. Buyer 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. The Lakeland Area Mass Transit District 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 Lakeland Area Mass Transit District does not attest to the authenticity of any item. Under no circumstances shall the Lakeland Area Mass Transit District's liability 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.
Indemnification. Buyer and any bidders agree for and on behalf of Buyer, bidders heirs, successors and assigns that Buyer and any bidders shall indemnify and hold the Lakeland Area Mass Transit District 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. The Lakeland Area Mass Transit District 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, the Lakeland Area Mass Transit District 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 the Lakeland Area Mass Transit District's discretion.
Notice of Award. Successful bidders will receive a Notice of Award by email from PublicSurplus.com.
Payment. PayMac, a third-party payment processing company, receives all payments for the Lakeland Area Mass Transit District. 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, Buyer will be notified by email sent to the address Buyer provided at registration with Publicsurplus.com. Buyer may then contact the Lakeland Area Mass Transit District and arrange for a mutually convenient pick-up time. Buyer 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's License). Buyer must present all three identification items at the scheduled pick-up, or the auction item(s) will not be released to Buyer.
2. If you are picking up an item for Buyer, you will need to bring the Notice of Award and the Paid Receipt (photo copies are acceptable), plus a note from the Buyer specifically naming you as authorized representative, along with your own personal picture identification. In addition, you must arrange for the Buyer to send an e-mail from the Buyer's e-mail address used for the auction, stating that you are authorized to pick-up the item.
Shipping. The Lakeland Area Mass Transit District cannot ship any item(s). However, Buyer may contact a local carrier of his/her choice to pick-up, package, and ship the item(s). It will be Buyer's responsibility to follow the Third-Party Pick-Up Procedures above to ensure that his/her item(s) is released.
Bid Deposits. The Lakeland Area Mass Transit District 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 Buyer 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. The Lakeland Area Mass Transit District may collect sales tax unless the Buyer has provided a valid tax-exempt certificate to the Lakeland Area Mass Transit District 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 item is a licensed vehicle/equipment, all title work must be complete in Lakeland Area Mass Transit District Auditor's office prior to removal. The licensing fees ARE NOT included in the bid process and must be paid to Lakeland Area Mass Transit District Auditor when doing the title transer. 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 the Lakeland Area Mass Transit District assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse the Lakeland Area Mass Transit District for any damage to the Lakeland Area Mass Transit District's property caused by Buyer's or Buyer Agent's removal of auction item(s) from the premises. No maintenance may be performed by the Buyer while on the Lakeland Area Mass Transit District's property.
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. The Lakeland Area Mass Transit District will retain the right to relist the asset and retain the moneys paid for the Auction, the item will be deemed abandoned and may be auctioned again to pay the storage fee.
Risk of Loss. In the event an auction item(s) 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, the Lakeland Area Mass Transit District will refund any money paid. The liability of the Lakeland Area Mass Transit District shall not exceed the actual purchase price of the item(s).
Vehicle Titles. The Lakeland Area Mass Transit District 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. The Lakeland Area Mass Transit District 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, the Lakeland Area Mass Transit District 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*