ONLINE AUCTION TERMS & CONDITIONS
Award: At the time the auctioneer awards sale of item to bidder, a legally binding contract is established between the Tucson Airport Authority (TAA) and the bidder. The TAA will pursue legal remedies allowed by law against any bidder who fails to make required payment(s). All items must be paid and picked up from the TAA within ten (10) calendar days from the close of auction.
Errors & Omissions: The TAA 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 themselves as to the details and conditions of material offered before entering any bid. The TAA does not attest to the authenticity of items. Bidders buy at their own risk.
No Warranty: All items are sold AS IS, WHERE IS. There are no guarantees, express or implied. There are no warranties, express or implied, as to condition, usability, merchantability, value (including professionally appraised) or fitness for a particular purpose. Some or all of these items may have been declared unsafe in their present condition by a federal or state safety standard. The purchaser should inspect and, if necessary, repair/test all items prior to any use.
Waiver and Release: Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns to hold harmless, discharge, and release the Tucson Airport Authority, the City of Tucson and each of their directors, officers, members, employees and agents from and against any and all claims, lawsuits, demands, injuries, losses, expenses, damages, or other costs or liabilities of any kind or nature whether now or hereafter known, and whether foreseen or unforeseen, to the extent rising directly or indirectly, out of bidders receipt and use of the surplus property.
Indemnification: Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold the Tucson Airport Authority, the City of Tucson and each of their Directors, Officers, Members, Employees and Agents 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.
Buyer's Premium of 9.75% shall be charged to all auctions.
Consideration of Bid: TAA 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, TAA 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 TAA's discretion.
Notice of Award: Successful bidders will receive a Notice of Award by email from PublicSurplus.com
Payment: Public Processing, LLC. a third-party payment processing company, receives all payments for Tucson Airport Authority. 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.
All sales are subject to 2.0% City and 6.1% State sales tax. Buyers that are exempt from Transaction Privilege (Sales) Tax must present a completed Exemption Certificate - General (Sales to a Business, Native Americans, Government Entity or Nonresidents) [Form 5000A] at the time of payment. http://www.azdor.gov/ADOR_Forms/60-69/60-2010_fillable.pdf
Failure to provide a complete and valid form at the time of payment will subject the buyer to all applicable sales tax. All sales are final, no refunds or adjustments will be made.
Property Removal: Except as stated herein, no service of any kind will be furnished by the TAA, and the bidder shall assume all cost of removing property from the pickup location and of obtaining any necessary paperwork. We are not equipped for shipping items (supply of boxes, tape, pallets, packaging, etc). You must arrange for packaging, pickup, insurance, and delivery with a carrier of your choice. We are not responsible for items after bidder takes possession. The buyer shall reimburse the seller for any damage to the seller's property caused by the removal operations of the buyer.
If an individual other than the Award winner is to pay for or pick-up the item(s), the individual must provide the TAA with a valid photo I.D., Winning Notice and a letter signed by the award winner giving authorization to the individual to conduct business on the winner's behalf. This letter must include a copy of the award winner's photo identification.
Failure to Pick-Up: For property not picked up by the original bidder within the required 14 days, the TAA reserves the right to dispose or resell the item in order to fulfill the debt. Any monies received by the TAA are deemed consideration for additional effort to dispose of item.
Vehicle Paint: Per Arizona Revised Statute Section 28-902, any yellow vehicle must be repainted by the buyer.
Default Buyers: Any bidder who fails to comply with the payment and pick-up requirements, or any other terms, conditions or requirements stated herein, shall not be allowed to bid on future auctions with the TAA for a period of one year. In addition, the TAA reserves the right to block bidders from participating in TAA auctions if they have defaulted on auctions with other public entities. Bidders will be blocked by username, registered name, and registered email address. Blocked bidders shall not be allowed to bid on, pay for, or pickup any auction item.
Withdrawal: The TAA reserves the right to withdraw any item from the sale up until the time the sale of the item is awarded. The TAA reserves the right to set a minimum bid on any item.
All Communications Between Buyer and Seller will be via email at TAAauction@flytucson.com.