TERMS AND CONDITIONS FOR
CITY OF SUGAR LAND ONLINE AUCTION SALES
1. QUALIFICATIONS TO BID
The City of Sugar Land is committed to presenting you a pleasant and safe venue for buying quality items online. Below are the legalities we are required to state and which you agree to abide by when registering to bid in this auction:
Article 1. Eligibility: This auction site is only available to people who are legally able to form binding contracts as the buyer of an auction item. People who are under the age 18 are not eligible for membership. If you do not meet these requirements, you are not eligible to use these auction services.
Article 2. Auctions: The property sold on this site comes from many different sources. We try to accurately describe the items posted for sale, however, we do not guarantee the authenticity and quality of said items. We are not responsible for verbal statements made by anyone, misprints, loss of merchandise/money, damage or failure of equipment due to your visit to this auction site. Use of this site is at your own risk, and content is presented 'As-Is'.
Article 3. Bidding: As a bidder, placing a bid is a binding contract between you and the City of Sugar Land and cannot be retracted unless due to fault by the seller of typographical error, or other error, due to human error on the seller's part. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Becoming the successful bidder of an item on this site, then not paying for the product is illegal, and prosecution can result.
Article 4. Charges: Registration is free. The State of Texas requires us to collect sales tax on taxable items. Buyers exempt from Texas sales tax must provide a valid Texas sales tax exemption certificate at the time of account activation.
Article 5. Privacy: We gather information about you for use in conducting online auctions. Personal information is not sold or rented. Be aware that bidder information is subject to the Texas Open Records Act and may be furnished upon a valid Open Records request or court order.
2. TERMS OF SALE
By participating in this online auction, buyer agrees to the terms and conditions detailed below.
TAX EXEMPT
If you are tax exempt you MUST send in your tax exempt form to the agency before making payment to public surplus so tax can be removed, if you do not you will be charged taxes.
Payment. PayMac,. a third-party payment processing company, receives all payments for City of Sugar Land . 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.
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.
2. Public Surplus will notify you upon receipt of payment. You may then contact the responsible party listed for that item and arrange for a mutually convenient pick up time. You will need to bring the payment receipt or the auction item(s) will not be released to you.
Bid Deposits. City of Sugar Land 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.
Buyers Premium: A 10% Buyer Premium shall be added to the final sale price with a $1 minimum charge per auction to collect payment.
Sales Tax - of 8.25% (as per Texas State law) applies to all non-vehicular purchases unless buyer provides a valid tax exemption certificate at the time of payment.
Identification - Winning bidder must produce a valid Driver's License, Passport or other acceptable form of identification at the time of payment and pick up of goods purchased.
3. NO WARRANTY
Descriptions of items being auctioned online are believed to be correct. However, neither the descriptions provided online, including manufacturer's name, model numbers or physical characteristics nor any oral statements made by the City concerning any item shall be considered a warranty, express or implied. All items are sold as-is and where-is. Buyer is responsible for inspecting items offered online (when made available) and all bids must be based solely on the buyer's personal inspection and evaluation of the item. Inspection times for items on sale are posted along with that item's description.
4. AUTHENTICITY OF ITEMS AND RETURN POLICY
The City of Sugar Land makes every effort to verify the authenticity of items listed for sale via online auctions. But the City does not employ appraisers to certify the authenticity of items sold via online auctions.
In the event that an item that is not authentic is inadvertently auctioned online, the City of Sugar Land will issue a full refund through Public Surplus if the buyer returns the item within 30 days of the date of payment for that item. Before issuing a full refund, the City of Sugar Land's auction staff are required to inspect all returned merchandise by comparing the returned item to the photograph of the item taken for the auction and with the description on record in order to verify that the item returned was the same as the item sold to the winning bidder. All refund determinations made by the City of Sugar Land are final and may not be appealed.
5. RELEASE
THE BIDDER, THE BIDDER'S PREDECESSORS, SUCCESSORS AND REPRESENTATIVES HEREBY RELEASE THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY THE "CITY") FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO SALE OF CITY-OWNED PROPERTY, INCLUDING USED, SURPLUS, STOLEN, ABANDONED AND/OR CONFISCATED PROPERTY.
6 ITEM PICK UP
All items sold via online auctions must be picked up by the winning bidder at the City of Sugar Land location indicated in the item's description. Buyer must remit payment within 5 business days and pick up the within10 business days (excluding City holidays) of the auction at which those items were sold or the City has the right to re-list the items for sale or dispose of the items by any lawful means. Buyers must allow sufficient time to load purchases on to their vehicles before close of business for the City location at which such items are being picked up. Pick up hours for the City locations indicated for that item are posted alongside details for that item.
7. APPLICABLE LAW
Although this site may be accessed from any state, bidders who access this site or participate in this auction agree that the laws of the State of Texas, the City of Sugar Land Charter and Ordinances shall govern all matters relating to the use of this site and purchase of items listed by the City of Sugar Land on this site.
8. REPRODUCTION OF AUCTION MATERIALS AND RESALE OF ITEMS LISTED
Bidders or users may reproduce or copy images, photographs or description of property listed on the auction site for personal use only. Bidders and 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 of Sugar Land. The City of Sugar Land reserves the right to cancel or suspend the online auction account of any user or bidder at any time for violating applicable laws, ordinances, terms and conditions listed here or for activity deemed unacceptable by the City of Sugar Land. Before paying for and taking possession of the items listed for sale by the City of Sugar Land, successful bidders and users shall not post or list the same items for sale by any other means. Please be advised that the City of Sugar Land auction staff report suspected fraud or criminal activity to the Sugar Land Police Department.
Should the primary auction winner default, The city reserves the right to award the item to the next highest bidder or until the item is sold.
Should the auction winner default in picking up the auction item, the City of Sugar Land reserves the rights to re-auction or dispose the item at the City's discretion.
By participating in the City of Sugar Land online auction, bidders accept the terms and conditions detailed here.
9. MAKE A SUGGESTION OR CONTACT US
In order to make a suggestion or if you have any questions regarding the City of Sugar Land's online auctions, please contact us via email at the following address: purchasing@sugarlandtx.gov. Online auction staff will review your suggestions and answer your questions. The City of Sugar Land reserves the right to make any changes based on your suggestions.