CITY OF PEORIA
SALES TERMS
AND CONDITIONS
Contract. An award of sale is a contract
between the winning bidder and City of Peoria upon the terms and
conditions set forth herein. City of Peoria 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. City of Peoria 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. City of
Peoria 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
City of Peoria 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 City of Peoria
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.
City of Peoria 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,
City of Peoria 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 City of Peoria'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 City of Peoria.
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
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 the City of Peoria 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. City of Peoria 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% 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 Peoria may collect sales tax, unless the Buyer has provided a
valid tax-exempt certificate to City of Peoria 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 item is considered
abandoned and 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 City of Peoria assume
responsibility for packing, loading or transporting auction item(s).
Buyer shall be liable to and reimburse City of Peoria for any damage
to City of Peoria's property caused by Buyer's or Buyer Agent's
removal of auction item(s) from the premises. No maintenance may be
performed on City of Peoria property. For additional information,
please contact Christine Finney @ (623) 773-7531 or
christine.finney@peoriaaz.gov.
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 of
Peoria will refund any money paid. The liability of City of Peoria
shall not exceed the actual purchase price of the property.
Vehicle
Titles. City of Peoria 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.
City of Peoria 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, City of
Peoria 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*