AGENCY
ONLINE SALES TERMS AND CONDITIONS
Contract. An
award of sale is a contract between the winning bidder and Metropolitan
Water District upon the terms and conditions set forth
herein. Metropolitan Water District may pursue all
legal remedies allowed by law against any bidder who fails to make payment for
a winning bid.
Guarantee Waiver. All
property is offered for sale as-is, where-is. Metropolitan
Water District 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. Some or all items may have been declared unsafe in their
present condition by a federal or state safety standard. 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.
No Description Warranty. Metropolitan
Water District 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. The Agency does not
attest to the authenticity of any item.
Inspection. Most items
offered for sale are used and may contain defects not immediately detectable.
Bidders may 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.
Indemnification. Bidder
agrees for and on behalf of bidder, bidder's heirs, successors and assigns that
bidder shall indemnify and hold Metropolitan Water District 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.
Metropolitan Water District reserves the right to reject any and
all bids and to withdraw from sale any of the items listed.
Reserve Requirement. If
there is a reserve requirement and the reserve price is not met by the close of
bidding, Metropolitan Water District 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 Metropolitan Water
District'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 Metropolitan
Water District. Payment for an awarded item must be received within
five (5) Calendar 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 Bidslink. 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
1.
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 Metropolitan Water District 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.
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. Metropolitan Water District 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. Metropolitan Water District may collect sales tax,
unless the Buyer has provided a valid tax-exempt certificate to Metropolitan
Water District 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 during the allotted
dates. 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 Metropolitan
Water Districtassume responsibility for packing, loading or transporting
auction item(s). Buyer shall be liable to and reimburse Metropolitan
Water District for any damage to Metropolitan Water District's property
caused by Buyer's or Buyer Agent's removal of auction item(s) from the
premises. No maintenance may be performed on Metropolitan
Water Districtproperty.
Abandonment of Item. Auction
items paid for but not picked up within the specified time will be considered
abandoned. Metropolitan Water District will have the ability
to re-list any and all items designated as abandoned with no refund being
provided to the user. Please be advised.
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, Metropolitan
Water District will refund any money paid. The liability of Metropolitan
Water District shall not exceed the actual purchase price of the
property.
Vehicle Titles. Metropolitan
Water District 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. Metropolitan
Water District will not issue replacement titles.
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, Metropolitan
Water District 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*