The
City of Albuquerque
TERMS AND CONDITIONS OF SALE
CONDITIONS
OF SALE: Sale of all surplus property is, as is and where is, with
all faults and without warranty. The description of surplus property
offered for sale has been compiled from available data, but there is
no guaranty or warranty on the part of The City of Albuquerque (the
City) as to condition or quality. The City reserves the right to
withdraw any items being offered. The City of Albuquerque will
furnish no services of any kind to the bidder for any and all costs
associated with shipping including but not limited to packaging,
crating, loading, freight unless otherwise indicated. Note: No
refunds or adjustments will be made on any award(s).
BE
ADVISED THERE ARE NO EXPESSED OR IMPLIED WARRANTIES ON ANY ITEMS
LISTED
A buyer's premium of 10% shall be added to all
auctions.
BIDS
submitted shall remain firm for a period of five (5) business
days following
the closing date. The successful bidder will be required to remit
payment within five (5) business days and
remove the property within ten (10) Business days from date of notice
of award. The successful bidder will be directed to the City's
storage facility upon payment of the bid amount for pick-up of
property. Payment and pickup will be by appointment.
Payment:
PayMac a
third-party payment processing company, receives all payments
for City
of Albuquerque.
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 "My Stuff" and then click on "Past Bids". Click on the description of the auction and then click on "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.
Bid
Deposits. City of Albuquerque may require bid deposits in order
to ensure fairness and equity to all buyers as a way to decrease
default bidding. The deposit will be reversed if no default occurs or
the bidder does not win the auction. Public Surplus will collect and
retain the deposit if there is a default by the winning
bidder.
DEFAULT: If the purchaser fails to pay for the
property within five (5) business days, the surplus property
purchased may be promptly re-sold in such manner as the City may
elect and the defaulting purchaser charged with any loss or
additional cost incurred.
AWARD will be made to the highest
responsive, responsible bidder. Notification will be provided by
Public Surplus, LLC via e-mail to the selected bidder.
LIABILITY
AFTER AWARD: The purchaser shall assume all liability for the
property after the award is made. The City will exercise its normal
care for protection up to the time for removal, but will not be
responsible for any loss or damage whatsoever. No property may be
removed by the purchaser prior to making full payment.
THE
CITY reserves the right to award by item, groups of items, or total
bid; to reject any and all bids or portions thereof and to make
awards if in its judgment the best interests of the City will be
served.
EACH BID IS RECEIVED with the understanding that the
acceptance by the City of the offer to purchase any or all of the
items described therein shall constitute a contract between the
bidder and the City.
GENERAL: The Property is sold "AS
IS, WHERE IS, WITH ALL FAULTS" and without representation or
warranty. The City, as Seller hereby expressly disclaims all
warranties, either express or implied, including any implied warranty
of merchantability or fitness for a purpose, and neither assumes nor
authorizes other person to assume for it, any liability in connection
with the sale of these goods. There is no warranty of vehicles
odometer readings.
Items are offered for sale using the
services and Web site of Public Surplus, LLC (www.publicsurplus.com).
Under no circumstances will the City 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
the City has been specifically advised of the possibility of such
damages or losses.
VIEWING of bid items, when available, will
be by appointment only and prior to the auction closing date. Bidders
should avail themselves of the opportunity to view bid
items.
APPLICABLE LAW; VENUE: Any contract resulting from this
solicitation shall be governed in all respects by the laws of the
State of New Mexico and any litigation with respect thereto shall be
brought in the courts of the State of New Mexico. The buyer shall
comply with applicable federal, state and local laws and regulations.