AGENCY ONLINE SALES TERMS AND CONDITIONS
Contract. An
award of sale is a contract between the winning bidder and Yolo
County Transportation District upon the terms and conditions set
forth herein. Yolo County Transportation 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. Yolo County Transportation
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. 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. Yolo County Transportation 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 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 Yolo County Transportation 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. Yolo
County Transportation 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, Yolo County Transportation 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 Yolo County
Transportation District's discretion.
Notice of Award.
Successful bidders will receive a Notice of Award by email from
PublicSurplus.com
Payment. PayMac, LLC. a third-party
payment processing company, receives all payments for Yolo County
Transportation 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 atbuyersupport@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 Yolo County
Transportation District 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.
Yolo County Transportation 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 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.
Yolo County Transportation District may collect sales tax, unless the
Buyer has provided a valid tax-exempt certificate to Yolo County
Transportation 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 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 Yolo
County Transportation District assume responsibility for packing,
loading or transporting auction item(s). Buyer shall be liable to and
reimburse Yolo County Transportation District for any damage to Yolo
County Transportation District's property caused by Buyer's or Buyer
Agent's removal of auction item(s) from the premises. No maintenance
may be performed on Yolo County Transportation District property. For
additional information, please contact Jose Perez, Deputy Director of
Operations, (530) 402-2826, jperez@yctd.org
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. Yolo County Transportation District will charge a storage fee
of $100 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 Yolo County Transportation District 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, Yolo County Transportation District will refund any
money paid. The liability of Yolo County Transportation District
shall not exceed the actual purchase price of the property.
Vehicle
Titles. Yolo County Transportation 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. Yolo County Transportation 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, Yolo County Transportation 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*
