SALE
OF EQUIPMENT AND/OR VEHICLE(S)
THE
TOWN OF PAYSON, AZ
TERMS
AND CONDITIONS
Condition
of Sale
The
sale of Town equipment and/or vehicle(s) is in an "As Is"
condition, with all faults and without warranty. The description of
the equipment and/or vehicle(s) offered for sale has been compiled
from data available but there is no guaranty or warranty on the part
of the Town as to condition, description of the equipment and/or
vehicle(s) or quality. The Town reserves the right to withdraw any
equipment and/or vehicle(s) being offered for sale. All costs
associated with sale of the equipment and/or vehicle(s), including
but not limited to loading, freight, insurance, shipping of equipment
and/or vehicle(s) and taxes are the successful Bidder's
responsibility. The sale of the equipment and/or vehicle(s) will be
to the highest responsive and responsible Bidder. There shall be no
refunds or adjustments on the successful Bidders price. All sales are
final.
Omissions
The
Town is not responsible for any omissions or errors in the
description of the equipment and/or vehicle(s) offered for
sale.
Inspection
The
Town shall have the equipment and/or vehicle(s) available for
inspection by appointment only from 9:00 a.m. - 4:00 p.m., Mon-Fri.
Bidders must adhere to the inspection dates and times indicated in
the equipment and/or vehicle(s) description and contact only the
person(s) listed to schedule an inspection.
Bids
Bids
submitted shall remain firm for a period of five (5) days following
the closing date of bids. The successful Bidder shall be required to
remit payment within five (5) calendar days after notice of
successful bid and remove the property within ten (10) business days
from the date of the successful bid. 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. The
Town reserves the right to withdraw any equipment and/or vehicle(s)
from the sale up until the time the sale of the equipment and/or
vehicle(s) is awarded. The Town reserves the right to set a minimum
bid on any equipment and/or vehicle(s). The Town further reserves the
right to advertise for new bids if, in the judgment of the Town, the
best interest of the Town will be promoted thereby.
Award
of Sale Item
At
the time auctioneer awards sale of equipment and/or vehicle(s) to
bidder, a legally binding contract is established between the Town of
Payson and the Bidder. The Town of Payson will pursue legal remedies
allowed by law against any Bidder who fails to make required
payments.
Payment
PayMac, a third-party payment processing company, receives all payments for the Town of Payson. 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
ANY
BIDDER WHO, FOR ANY REASON FAILS TO MAKE PAYMENT ON EQUIPMENT AND/OR
VEHICLE(S) WITHIN THE SPECIFIED TIME FRAME SHALL NOT BE ALLOWED TO
BID ON FUTURE AUCTIONS. ALL PURCHASED EQUIPMENT AND/OR VEHICLE(S)
MUST BE REMOVED BY SUCCESSFUL BIDDER WITH NO DEBRIS OR UNWANTED
EQUIPMENT AND/OR VEHICLE(S) LEFT AT THE PICKUP LOCATION. ANY BIDDER
WHO FAILS TO REMOVE ALL EQUIPMENT AND/OR VEHICLE(S) WITHIN THE
SPECIFIED TIME FRAME SHALL NOT BE ALLOWED TO BID ON FUTURE
AUCTIONS.
Taxes
Any
and all taxes, federal, state and local, due on the sale of the
equipment and/or vehicle(s) shall be paid by the successful
Bidder.
Liability
The
successful Bidder shall assume all liability for the equipment and/or
vehicle(s) after the award is made and the Town is not responsible
for any loss or damage to the equipment and/or vehicle(s) upon sale.
The equipment and/or vehicle(s) shall not be removed from the
possession of the Town prior to full payment.
Applicable
Law and Dispute Resolution
Any contract resulting from the bid for the equipment and/or vehicle(s) shall be governed and construed in accordance with the internal laws of the State of Arizona. Any dispute, controversy, claim or cause of action arising out of or related to this Agreement may, but in no event need, be settled by submission, with the written consent of both Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. ? 12-1501, et seq., and judgment upon any award rendered by the arbitrator(s) shall be entered in the Superior Court of Gila Country, Arizona, or any such dispute, controversy, claim or cause of action may be mediated or may be litigated in the Superior Court of Gila County, Arizona. The venue for any such dispute shall be Gila County, Arizona. Both Parties consent in advance to such venue and jurisdiction and waive any right the Gila County is an inconvenient forum or improper forum based upon lack of venue. Neither Party shall be entitled to recover any of its attorneys' fees, costs or expert witness fees from the other party incurred in any such dispute, controversy, claim or cause of action, but each party shall bear its own attorneys' fees, costs and/or expert witness fees, without contribution from the other Party, whether the same is resolved through arbitration, litigation in a court of other wise.