ONLINE SALES TERMS AND CONDITIONS
Contract: A submission of a bid is a contract between the bidder (“you”, “bidder”, or “buyer”) and the FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES (“FDACS” or “Agency”) upon the terms and conditions set forth herein. The FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES may pursue all legal remedies provided herein or by law against any bidder who fails to make payment for a winning bid or violates any other terms set forth herein.
Guarantee Waiver: All property is offered for sale as-is, where-is. The FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES 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 and 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: The FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES 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 the FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES 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: The FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES 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, the FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES 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 the FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES’ discretion.
Notice of Award: Winning bidders will receive a Notice of Award by email from PublicSurplus.com
Payment: PayMac, a third-party payment processing company receives all payments for the FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES. Payment for an awarded item must be received within five (5) business days after the date of the Notice of Award of the winning bid. If payment is not made within such five-business-day-period, then the winning bidder will automatically lose all rights to the award and corresponding item(s), whereupon FDACS may dispose of the item(s) (by way of another auction or otherwise).
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. Buyer is responsible for independently confirming all wiring instructions. FDACS will not be liable for any losses incurred with respect to any wire transfer procedures or unauthorized wire transfers.
Pick-Up and Third-Party Pick-Up Procedures
Upon PayMac’s 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 FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES and arrange for a mutually convenient pick-up time. Note that items are not available for immediate pick-up and pick-up times are subject to agency’s availability and internal processing time for verification of FDACS’ receipt of the Net Agency Amount (defined hereinafter) from Public Surplus. Item(s) will be available for pick-up within 7 - 14 days upon confirmation of payment received by FDACS. 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 valid 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 signed 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 and any applicable paper title documents.
Shipping: FDACS will not 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.
Buyer Premium: A nonrefundable Buyer Premium of 7% 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: The FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES may collect sales tax (including discretionary sales surtax), unless the Buyer has provided a valid tax-exempt certificate to the FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES prior to payment. If applicable, the sales tax will be visible during the bidding process and will be included in the payment specified.
Removal: Upon timely payment of awarded item(s), Buyer shall use commercially reasonable efforts to remove the item(s) from the Agency premises within 20 days after the date of confirmation of payment received by FDACS. If such item(s) are not removed from the Agency premises within 90 days after the date of confirmation of payment received by FDACS, then the Agency shall (i) return the portion of the purchase price that the Agency received from the sale (such portion being referred to herein as the “Net Agency Amount”) to Public Surplus, and (ii) dispose of the item(s) (by way of another auction or otherwise). The Agency will not be liable to the Buyer for any refunds in the event that the Buyer fails to remove the item(s) from the agency premises within such 90-day time period. Buyer will be responsible for coordinating directly with Public Surplus regarding any requests to receive a partial refund of the Net Agency Amount and in no event will Buyer be entitled to any of the following: (1) a full refund; (2) a partial refund of the Buyer Premium described above; or (3) a partial refund of any portion of the purchase price in excess of the Net Agency Amount, except for applicable sales tax. Winning 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 the FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse the FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES for any damage to the FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES’ property caused by Buyer’s or Buyer Agent’s removal of auction item(s) from the premises. No maintenance may be performed on the FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES’ property. To speak with an FDACS representative, please contact the FDACS - Bureau of General Services at (850) 617-7070
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, the FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES will refund any money paid. The liability of the FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES shall not exceed the actual purchase price of the property.
Title: Title to the item(s) purchased and paid for will not pass to the buyer until buyer actually receives and takes possession of the item(s) at the mutually agreed upon pick-up time. For vehicle titles, the FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES will deliver the paper title to the winning bidder at the mutually agreed upon pick-up time after payment has been made by the winning bidder. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. The FLORIDA DEPARTMENT of AGRICULTURE and CONSUMER SERVICES will not issue replacement titles.
Buyer Default: The failure of Buyer to perform any obligation hereunder will constitute an immediate default by Buyer. After the occurrence of a Buyer default, FDACS may terminate the bid contract (if not already terminated pursuant to the terms hereof), suspend Buyer from participation in all future sales, and exercise other remedies as provided in these terms and by law. The remedies stated in this paragraph are cumulative and in addition to all other remedies available hereunder and under any applicable law.
Waiver: No waiver of any Buyer default will be implied from any omission by Public Surplus or FDACS to take any action with respect to such default.
Assignment: Without the prior written consent of the other party, neither party may voluntarily or by court order assign any of its rights under these terms and conditions or delegate any of its obligations hereunder. Any assignment or delegation in breach of the foregoing will be void.
Entire Understanding: These terms and conditions constitute the entire understanding between the bidder and FDACS regarding the item(s) being auctioned and the purchase and sale thereof.
Jurisdiction: As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of these terms or the subject matter hereof, a party may bring such a proceeding only in a federal or state court located in Leon County, Florida.
Governing Law: Florida law governs all adversarial proceedings arising out of these terms or the subject matter hereof.
Acceptance of Terms and Conditions: By submitting a bid, the bidder agrees that the bidder has read, fully understood, and accepted these Online Sales Terms and Conditions, and agrees to pay for and remove the property, if the bid is accepted, by the dates and times specified herein.
*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*