AGENCY ONLINE SALES TERMS AND CONDITIONS
Contract. An award of sale is a contract
between the winning bidder and Alachua County BoCC upon
the terms and conditions set forth herein. Alachua County BoCC 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. Alachua County BoCC 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. Alachua County BoCC 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 Alachua County BoCC 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. Alachua County BoCC 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, Alachua County BoCC 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 Alachua County BoCC 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 Alachua
County BoCC. 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 Alachua
County BoCC 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 (photocopies 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. Alachua County BoCC may require bid deposits 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. Alachua County BoCC may collect sales tax, unless the Buyer has
provided a valid tax-exempt certificate to Alachua County BoCC 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
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 Alachua County BoCC assume
responsibility for packing, loading or transporting auction item(s). Buyer
shall be liable to and reimburse Alachua County BoCC for
any damage to Alachua County BoCC property
caused by Buyer's or Buyer Agent's removal of auction item(s) from the
premises. No maintenance may be performed on Alachua County BoCC property. For additional
information, please contact Alachua County Fleet Manager, Jonathan
Dotzler, (352) 548-1259, jdotzler@alachuacounty.us.
Abandonment of Item. Auction items paid for
but not picked up within the specified time will be stored for 15 days from the
last date of available pickup. Alachua County BoCC will
charge a storage fee of $25.00 per day during this time, which
must be paid by Buyer before the item will be released. At the expiration of
the 15-day period, the item will be deemed abandoned and may be auctioned again
to pay the storage fee. Any amount received in excess of
the storage fee will be retained by Alachua County BoCC as payment for additional efforts to
dispose of the item.
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, Alachua County BoCC will
refund any money paid. The liability of Alachua County BoCC shall not exceed the actual purchase price of
the property.
Vehicle Titles. Alachua County BoCC 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. Alachua
County BoCC will not issue replacement
titles. Following confirmation of payment for all vehicles and equipment
requiring a Title and/or Registration, Alachua County BoCC
will overnight the Title to the successful bidder. Bidder will be responsible
for transferring ownership prior to scheduling a time to pick up item(s). For
item(s) to be driven off premises, a registration and tag must also be provided
by the bidder. Without registration and tag, item(s) must be transported by
truck and/or trailer.
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, Alachua County BoCC 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*