Terms and Conditions
ONLINE SALES - TERMS AND
CONDITIONS
Guarantee Waiver. All property is offered for sale
(as-is, where-is.) Moraga-Orinda Fire District makes no warranty,
guaranty or representation of any kind, expressed or implied, as to
the merchantability or fitness for any purpose of the property
offered for sale. The Buyer is not entitled to any payment for loss
of profit or any other money damages - special, direct, indirect, or
consequential.
Description Warranty. Moraga-Orinda Fire District
warrants to the Buyer that the property offered for sale will conform
to its description. Any claim for mis-description must be made prior
to removal of the property. If Moraga-Orinda Fire District confirms
that the property does not conform to the description, Moraga-Orinda
Fire District will keep the property and refund any money paid. The
liability of Moraga-Orinda Fire District shall not exceed the actual
purchase price of the property. Please note that upon removal of the
property, all sales are final.
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.
Consideration of Bid. Moraga-Orinda Fire District
reserves the right to reject any and all bids and to withdraw from
sale any of the items listed.
Notice of Award. Successful
bidders will receive a Notice of Award by email from
PublicSurplus.com
Payment. PayMac, collects all payments for
Moraga-Orinda Fire District. Payment for an awarded item must be
received within 5 business days of close of auction. Payment shall be
made online by credit card, or wire transfer. 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 (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.
Partial Payment
There will
be NO partial payments of an auction allowed. All auctions must be
paid in full per payment process used per auction. 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. NO CASH, CHECKS, OR MONEY ORDERS WILL BE
ACCEPTED. 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.
Pick Up Procedures
1. Public Surplus will notify
the Buyer upon receipt of payment. The Buyer may then contact the
responsible party listed for that item and arrange for a mutually
convenient pick up time. The Buyer must bring the (Notice of Award)
with the (Paid Receipt) and personal identification such as a Drivers
License or DMV ID to the pick up location. The person releasing the
item will require the Buyer to show all three documents. The Buyer
must present these forms of identification at the scheduled pick up
or the auction item(s) will not be released.
2. If you are
picking up an item for someone else, you will need to bring the
receipt, (photo copies are acceptable), plus a note from the
designated (winning bidder) specifically naming you as their
authorized representative, along with your own ID.
Bid Deposits.
Moraga-Orinda Fire District 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 Buyers Premium will be added to the
final sale price with a $1 minimum charge per auction to collect
payment. If added the premium will be visible during the bidding
process and will be included in payment to Public Surplus
Removal.
Buyer must remove auction item(s) from said agencies premises within
5 business days of notification by Public Surplus of receipt of
payment, and within 10 business days from 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 any and all payments; and (2)
to dispose of the item as deemed desirable by the agency. Successful
bidders are responsible for loading and removal and any and 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
will make all arrangements and perform all work necessary, including
packing, loading and transportation of the property. Under no
circumstances will Moraga-Orinda Fire District assume responsibility
for packing, loading or shipping. Property may be removed between the
hours of 8am and 5pm, Monday through Friday, excluding legal
holidays.
Vehicle Titles. Moraga-Orinda Fire 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. Moraga-Orinda Fire
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 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, Moraga-Orinda Fire District may
exercise such rights and may pursue such remedies as are provided by
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 of Online Sales, and agree to pay for and
remove the property, if the bid is accepted, by the dates and times
specified.
