Online Sales - Terms and Conditions
All items are sold on an AS-IS, WHERE-IS basis, including all faults and defects whether known or unknown. The City claims no warranty as to the fitness or condition of any item in the sale, and all sales are FINAL, with no exception. Once the sale is complete, the buyer accepts full responsibility and assumes all risks of disappearance, theft, or damage for any item purchased. The buyer waives, releases and discharges the City of Rochester, its officers and employees from any liability in the event of disappearance, theft or damage of any item purchased. No one under the age of 18 is allowed to purchase a vehicle.
The City of Rochester reserves the right to reject any and all bids and to withdraw from sale any of the items listed.
Inspection
Most items offered for sale are used and may contain defects not immediately detectable. Bidders must contact the person listed to schedule an inspection.
Shipping
We cannot ship any large 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.
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 City of Rochester. 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 ÒMy StuffÓ and then click on ÒPast BidsÓ. Click on the description of the auction and then click on ÒPay OnlineÓ 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. 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.
Pick-Up Procedures
The buyer must contact Purchasing (PurchasingStaff@rochestermn.gov) to pick up the titles for vehicles.
1. You will be notified upon receipt of payment. You may then contact the responsible party listed for the auction item and arrange for a mutually convenient pick-up time. You must bring to the pick-up location (1) the ÒNotice of AwardÓ (2) the ÒPaid ReceiptÓ and (3) personal identification (such as a DriverÕs License) and (4) Dealer plates or regular plates with a copy of the title paperwork. You must present all four 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 Òwinning bidderÓ specifically naming you as the authorized representative, along with your own personal identification. In addition, you must arrange for the winning bidder to send an e-mail from the winning bidderÕs e-mail address used for the auction stating that you are authorized to pick up the item.
Bid Deposits:
Bid deposits are required for auctions of $250 or greater in order to ensure fairness to all bidders and follow through by the winning bidder. The deposit will be reversed if no default occurs or the bidder does not win the auction. The deposit will be retained by Public Processing, LLC. if the winning bidder defaults.
Buyers Premium:
A Buyers 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
City of Rochester may collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to the City of Rochester 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 agencyÕs 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. The successful bidder may check with the CityÕs representative to determine if packaging and shipping assistance is available. For smaller items this will be an option as long as the successful bidder provides a pre-paid shipping label. UPS or USPS shipments can be made daily, if utilizing another shipping company the successful bidder must arrange the pickup.
Vehicle Titles
City of Rochester will issue a title 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. City of Rochester will not issue replacement titles. All vehicle sales are exempt from tax on the auctions. Taxes, if applicable, will be paid at the license bureau at the time of the title transfer.
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, City of Rochester may exercise such rights and may pursue such remedies as are provided by law.
Legal Compliance
Buyers are responsible to adhere to Minnesota Statute 15.054 which reads: Ò(Pursuant to Minnesota Statutes, section 15.054 ÒAn employee of the State or a political subdivision may purchase no more than one motor vehicle from the State at any one auction. A person violating the provisions of this section is guilty of a misdemeanor.Ó This does apply to City of Rochester surplus auctions as well. All sales are FINAL. No under the age of 18 is allowed to purchase a vehicle.
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*