TERMS
AND CONDITIONS OF SALE
CONDITIONS
OF SALE: Sale of all surplus property is, as is and where is, with
all faults and without warranty. The description of surplus property
offered for sale has been compiled from available data, but there is
no guaranty or warranty on the part of The City of Watsonville as to
condition or quality. The City of Watsonville reserves the right to
withdraw any items being offered. The City of Watsonville will
furnish no services of any kind to the bidder for any and all costs
associated with shipping including but not limited to packaging,
crating, loading, freight unless otherwise indicated. Note: No
refunds or adjustments will be made on any award(s).
Some
Vehicles will not pass smog inspection and it is the buyer who is
responsible for smog compliance of any kind.
BE
ADVISED THERE ARE NO EXPESSED OR IMPLIED WARRANTIES ON ANY ITEMS
LISTED
BIDS
submitted shall remain firm for a period of five (5) days following
the closing date. The successful bidder will be required to remit
payment within five (5) business days and remove the property within
ten (10) business days from date of notice of award. Payment and
pickup will be by appointment.
The
successful bidder will contact Enrique Vasquez, Municipal Services
Center Operations Manager at (831) 768-3135 at the City of
Watsonville Municipal Service Center for appointments.
E-mail
contact is enrique.vazquez@cityofwatsonville.org
ITEMS
PAID FOR BUT LEFT BEHIND AFTER THE 10 DAY PICK UP TIME WILL BE
RELISTED AND SOLD ON ANOTHER AUCTION UNLESS PRIOR ARRANGEMENTS HAVE
BEEN MADE. NO REFUNDS.
PAYMENT
TERMS: PayMac,
a third-party payment processing company, receives all payments for
City
of Watsonville.
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.
An
TEN
AND ONE HALF
PERCENT (10.5%)
SURCHARGE shall be added to all purchases made. The surcharge is the
cost to the City for the utilization of the third-party Web site
provider.
DEFAULT:
If the purchaser fails to pay for the property within five (5) days
or remove the items within ten (10)days, the surplus property
purchased may be promptly re-sold in such manner as the City may
elect. There will be no refunds for default.
AWARD
will be made to the highest responsive, responsible bidder.
Notification will be provided by www.publicsurplus.com via e-mail to
the selected bidder.
LIABILITY
AFTER AWARD: The purchaser shall assume all liability for the
property after the award is made. The City of Watsonville will
exercise its normal care for protection up to the time for removal,
but will not be responsible for any loss or damage whatsoever. No
property may be removed by the purchaser prior to making full
payment.
THE
City of Watsonville reserves the right to award by item, groups of
items, or total bid; to reject any and all bids or portions thereof
and to make awards if in its judgment the best interests of the City
will be served.
EACH
BID IS RECEIVED with the understanding that the acceptance by the
City of Watsonville of the offer to purchase any or all of the items
described therein shall constitute a contract between the bidder and
the City and bidder will comply with all conditions within this
document.
GENERAL:
The Property is sold "AS IS, WHERE IS, WITH ALL FAULTS" and
without representation or warranty. The City, as Seller hereby
expressly disclaims all warranties, either express or implied,
including any implied warranty of merchantability or fitness for a
purpose, and neither assumes nor authorizes another person to assume
for it, any liability in connection with the sale of these goods.
There is no warranty of vehicles odometer readings.
Some
Vehicles will not pass smog inspection and it is the buyer who is
responsible for smog compliance of any kind.
Items
are offered for sale using the services and Web site of Public
Surplus, LLC (www.publicsurplus.com). Under no circumstances will the
City of Watsonville be liable to any person or business entity for
any direct, indirect, special, incidental, consequential, or other
damages or losses based on or caused by any use of the auction web
site or any other web site to which the site is linked, the content
of such web sites, or any viruses or other harmful components derived
from any such web sites, including, without limitation, any lost
profits, revenue, or use, business interruption, or loss of computer
programs or information, even if the City has been specifically
advised of the possibility of such damages or losses.
VIEWING
of bid items will be by appointment only and prior to the auction
closing date. Bidders should avail themselves of the opportunity to
view bid items. Contact Enrique Vasquez, Municipal Sertvices Center
Operations Manager at (831) 768-3135 for viewing
appointment.
DIRECT
contact with City of Watsonville employees on the subject of this bid
is prohibited except with the foreknowledge and permission of the
Municipal Sertvices Center Operations Manager or his
representative.
APPLICABLE
LAW; VENUE: Any contract resulting from this solicitation shall be
governed in all respects by the laws of the State of California and
any litigation with respect thereto shall be brought in the courts of
the State of California. The buyer shall comply with applicable
federal, state and local laws and regulations.