TERMS AND CONDITIONS
GENERAL. Items are offered for sale by City of Madras, identified herein as "City". However, a third-party web site provider, an online auction services contractor is utilized. Those submitting bids are identified herein as "bidder(s)" or "buyer(s)".
CONTRACT. An award of sale is a contract between the winning bidder and City upon the terms and conditions set forth herein. City may pursue all legal remedies allowed by law against any bidder who fails to make payment for a winning bid.
ELIGIBILITY. A buyer must be a minimum of 18 years old and legally able to form binding contracts as a buyer in an auction.
VIEWING. Bidders may view auctions items by appointment only and prior to the auction closing date.
INSPECTION. The responsibility to determine the condition of the property rests with the bidder. Prospective bidders are encouraged to inspect the property prior to bidding and to place bids solely on their personal inspection and evaluation. Prospective bidders will not be allowed to test, operate or disassemble any item featured in an auction.
WARRANTY. All equipment will be sold "as is", "where is" and "with all faults, if any". The City disclaims all warranties or guarantees, expressed or implied, as to the condition, quality, completeness or fitness for any particular or general purpose or compliance to safety regulations of the equipment being sold. Descriptions of items appearing in this online auction are believed to be correct. However, neither those descriptions, nor any oral statements made concerning any item, shall be considered as a warranty, expressed or implied. THE CITY OFFERS NO GUARANTEES OR WARRANTIES. DETERMINATION OF CONDITION, FUNCTION AND PERCEIVED OR ASSUMED VALUE IS THE SOLE RESPONSIBILITY OF THE BUYER.
NOTICE OF AWARD. Successful bidders will receive a Notice of Award by email from PublicSurplus.com
PAYMENTS. PayMac, handles all payments for City. Acceptable forms of payment are: Wire Transfer or Credit Card. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED! Payment for an awarded item must be received within five (5) business days after notice of award. A Buyers Premium of 10% may be added to the final sale price with a $1 minimum charge per auction for payment collections. This premium if applicable will be visible during the bidding process and added to the total bid. If you choose to pay with a credit card, please follow the instructions below. The credit card limit per transaction is $2,500.00. For payments larger than this amount, follow the instructions listed under Wire Transfers.
CREDIT CARDS. 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.
WIRE TRANSFER. For payments over $2,500.00, 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. Wire transfer can take up to 2 business days to be received and posted. Do not attempt to pick-up your item until you have received notification that the wire transfer has been received.
REMOVAL. All items must be paid for and removed within ten business days from the time and date of the issuance of the Notice of Award. Purchases will be only released upon receipt of payment. Buyers must bring their Notice of Award and identification. If the item being removed is a vehicle, Buyer must provide to the City, proof of insurance on the vehicle and a valid driver's license. Buyers are responsible for loading and removal of any and all property awarded to them the place where the property is located as indicated on the website and in the Notice of Award. The buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will the City assume the responsibility of packing, loading or shipping. The City will not be responsible for items after buyer or designated shipper takes possession.
Property is removed by appointment only. Contact Michele Quinn by email at mquinn@ci.madras.or.us or by telephone at (541) 325-0313, Monday through Friday between the hours of 8 a.m. and 5 p.m., excluding holidays. Allow sufficient time to load items into vehicles before close of business.VEHICLE TITLES. City 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 City cannot issue replacement titles. In the event a title cannot be issued, the City will issue documents sufficient for Buyer to title and/or register vehicle.
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 ten business days. Default may result in termination of the 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, City may exercise such rights and may pursue such remedies as are provided in law.
ACCEPTANCE OF TERMS AND CONDITIONS. By submitting a bid, the Bidder agrees that they have read, fully understand and accept these Terms and Conditions and agree to pay for and remove the property, if the bid is accepted, by the date and time specified.
CONSIDERATION OF BID. City 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, City 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 City's discretion.
INDEMNIFICATION. Buyers agree to indemnify and hold harmless the City for any and all damages, claims or liability of any nature or kind in the sale of, or the buyer's use of, the property. The Buyer, its predecessors, successors and assignees hereby release, relinquish and discharge the City, its former, present and future agents, employees, officers, officials and legal representative (collectively known as "the City") from any liability arising out of the sale or property and/or concurrent negligence of the county for any injury, including death or damage to persons or property, where such damage is sustained in connection with, or arising out of, the sale of the property or the property itself.
LIABILITY. Items are offered for sale using the services and web site of the online auction services contractor. Under no circumstances will the City be liable to any person or business entity for any direct, indirect, special, incidental, consequential or 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. The City strives to make the online auction system as accurate as possible. However, errors and equipment malfunctions are possible and may occur without notice. In case of malfunctions of hardware or software, the City reserves the right to cancel any sale, even if an award notification e-mail has been received. The City cannot and will not guarantee uninterrupted access to the auction system.
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 the City. The City 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 the City. Before paying for and taking possession of the items listed for sale by the City, successful bidders and website users shall not post or list the same items for sale by any other means. Please be advised that the City's auction staff reports suspected fraud or criminal activity to the proper authorities.
ABANDOMNENT 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. City will charge a storage fee of $50.00 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 City 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, City will refund any money paid. The liability of City shall not exceed the actual purchase price of the property.
PRIVACY. The City gathers information from bidders so that it will know who has won an auction item. Personal information is kept confidential. Personal information is used for the purpose of conducting online auctions and not used for any other purpose.