CITY OF CORAL GABLES
ONLINE SALES TERMS AND CONDITIONS
Contract. An award of sale is a contract between the winning bidder and The City of Coral Gables ("CITY") upon the terms and conditions set forth herein. The CITY may pursue all legal remedies allowed by law against any bidder who fails to make payment for a winning bid. The Chief Procurement Officer's or designee's decision is final as to who is the property's highest bidder.
Guarantee Waiver. All property is offered for sale as-is, where-is. The CITY 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. 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. Buyer's failure to make such an inspection is not grounds for the cancellation of a sale, nor does it entitle them to a refund of the purchase price, paid or any portion thereof. Bidders must understand that by the act of bidding for a property, they accept the rules of the auction and the fact that the property is being sold exactly as presented for sale with all faults, whether revealed or not. Further, those who bid, by their voluntary participation in the auction, accept that: (1) all sales are final, (2) no refunds will be made, (3) any pricing reduction will not be allowed if not satisfied with the vehicle/equipment/item condition, and (4) any information which may be contained in City records pertaining to any property or vehicle offered for sale shall not alter the legally binding contractual obligation voluntarily entered upon by them, if they are selected as a high bidder.
Inspection. Most items offered for sale are used and may contain defects not immediately detectable. Depending on the items offered for sale, bidders may be able to 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. Any inspection of items being offered for sale must be made by APPOINTMENT ONLY. The property is to be inspected prior to the closing date and time of the auction, without exceptions. Appointments can be made with the Procurement Division, main number 305.460.5102, during regular working hours. Anyone without appointments will not be allowed to enter the property to inspect the items.
No Description Warranty. The CITY 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. CITY does not attest to the authenticity of any item.
Indemnification. Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold the CITY 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. The 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, the 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 the CITY's discretion.
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 Coral Gables. 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 at buyersupport@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
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 the CITY 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.
3. If you hire a tow truck to remove a vehicle, the driver must have a copy of the "PAID IN FULL" receipt and a copy of the title, in order for the vehicle to be released for removal.
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. The CITY 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 10.5% 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. The CITY may collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to the CITY 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 the CITY assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse the CITY for any damage to the CITY's property caused by Buyer's or Buyer Agent's removal of auction item(s) from the premises.No maintenance may be performed on the CITY's property. For additional information, please contact Keena Benjamin at(305) 460-5102 email kbenjamin@coralgables.com or Mateo Piedrahita at 305-460-5106 email mpiedrahita@coralgables.com
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. CITY will charge a storage fee of $25 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.
Vehicle Titles. The CITY will issue a title or certificate upon receipt of payment. Open titles cannot be issued. The CITY will not issue replacement titles.
The title will only be assigned to the identical name that you designate on your identification. Be sure that the name you provide is accurate, because it will be used to establish the "purchaser" for vehicle title transfer with no exceptions.
a. Title must be transferred to Buyer before the vehicle is released.
b. Notice to Dealers: Motor Vehicle Dealers operating under provision of Florida Statues, Chapter 320 must present a current copy of their Florida Dealer's License to the Auction Coordinator or designee in order that the vehicle sales price is not entered onto the certificate of title {Florida Statute 319.22 (4)}. Dealers are encouraged to ensure that a current copy of their Motor Vehicles Dealers License is on file with the City of Coral Gables, or provide a copy prior to picking up the vehicle to allow the City of Coral Gables to utilize the provisions of Chapter 319.22 (4) in the title transfer process.
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 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*