HOWARD COUNTY, MARYLAND
TERMS AND CONDITIONS
1.
General: Items are offered for sale by Howard County, Maryland,
identified herein as the "County". However, a third-party
website provider, an online auction services contractor, identified
herein as "Public Surplus" is utilized. Those submitting
bids are identified herein as "bidder(s)" or
"buyer(s)".
2. Eligibility: A buyer must be a
minimum of 18 years old and legally able to form binding contracts as
a buyer in an auction.
3. Warranty: All equipment is sold
"as is", "where is", and "with all faults,
if any". The County disclaims all warranties or guarantees,
expressed or implied, as to the condition, quality, completeness or
fitness for any particular or general purpose or compliance to safety
regulations of the equipment being sold. Descriptions of items
appearing in this online auction are believed to be correct. However,
neither those descriptions, nor any oral statements made concerning
any item, shall be considered as a warranty, expressed or
implied.
THE COUNTY OFFERS NO GUARANTEES OR WARRANTIES.
DETERMINATION OF CONDITION, FUNCTION AND PERCEIVED OR ASSUMED VALUE
IS THE SOLE RESPONSIBILTY OF THE BUYER.
4. Ownership: At
the end of the auction, the highest bidder has entered into a binding
contract with the County, and is obligated to pay the price bid.
Placing the winning bid, but not paying for the product, is illegal
in most states, and may result in prosecution. The winning bid cannot
be retracted unless due to a fault of the County, for example,
typographical or other error. Bidders that fail to claim and pay for
auction items by the close of business on the 5th business day after
the notice of award shall forfeit their rights to the auction item,
and be declared as a default bidder and any and all bid deposits will
be collected.
5. Inspections: Bidder's are not offered the
opportunity to inspect items prior to purchase unless specified in
the item description for a particular auction.
6. Payment.
PayMac, a third-party payment processing company, receives all
payments for the County. Payment for an awarded item must be received
within five (5) business days after 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 pay partially for an auction by Credit Card and
pay the remainder by another payment method, such as a wire
transfer.
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 asking for
wire instructions or request the instructions via live chat. These
instructions will be emailed to you. Please follow them exactly to
allow for prompt payment.
7. Bid Deposits. The County may
require bid deposits in order to ensure fairness and equity to all
buyers as a way to decrease default bidding. The deposit will be
reversed if no default occurs or the bidder does not win the auction.
Public Surplus will collect and retain the deposit if there is a
default by the winning bidder.
8. Buyers Premium: A 10%
Buyer Premium will be added to the final sale price with a $1 minimum
charge per auction to collect payment
9. State/Local Sales
and/or Use Tax. The County will collect sales tax, currently 6.00%,
on non-vehicle auctions, unless the buyer has provided a valid
tax-exempt certificate from the State of Maryland to the County prior
to payment.
10. 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 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, Howard County, Maryland may exercise such rights and may
pursue such remedies as are provided by law.
11. Pick-Up
of Purchases:
General Items:
Buyers must schedule an
appointment for pick-up by calling 410-313-6375 or by emailing
mdecker@howardcountymd.gov.
Vehicles/Certain
Equipment:
Vehicles and equipment listed that are located at the
Cooksville Shop, 14212 Frederick Road, Cooksville, MD 21723, the
Guilford Shop, 7120 Oakland Mills Road, Columbia, MD 21046 or the
Mayfield Shop, 7751 Mayfield Avenue, Elkridge, MD 21075 will be
picked-up by appointment by contacting the individual noted in the
auction. Vehicles and equipment that have titles may not be available
for pick-up for two to three days following payment by the
buyer.
All items must be picked-up within 7 calendar days
of auction close. No property may be claimed or removed prior to
making full payment. If items are unclaimed by winning bidders, the
County reserves the right to re-auction or award the item to the next
highest bidder.
12. Shipping: The County is not equipped
to ship items, or prepare items for shipping. Winning bidders will be
solely responsible for pick-up or shipping arrangements, and all
associated costs. The County will not be responsible for items after
buyer, or designated shipper, takes possession. Allow sufficient time
to load items into vehicles before close of business. For shipping
purchased items, buyers are free to contact local firms and make
arrangements to ship or deliver purchased property. The County will
not be responsible for any cost, tax or fees associated with
shipping.
13. Indemnification: Buyers agree to indemnify
and hold harmless the County for any and all damages, claims, or
liability of any nature or kind in the sale of, or the buyer's use
of, the property. The buyer, its predecessors, successors and assigns
hereby release, relinquish and discharge the County, its former,
present and future agents, employees, officers, officials and legal
representatives (collectively know as "the County") from
any liability arising out of the sale and/or concurrent negligence of
the County for any injury, including death or damage to persons or
property, where such damage is sustained in connection with, or
arising out of, the sale of county owned property.
14.
Liability: Items are offered for sale using the services and website
of the online auction services contractor. Under no circumstances
will the County 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
website, or any other website to which the site is linked, the
content of such websites, or any viruses or other harmful components
derived from any such websites, including, without limitation, any
lost profits, revenue, or use, business interruption, or loss of
computer programs or information. The County strives to make the
online auction system as accurate as possible. However, errors and
equipment malfunctions are possible and may occur without notice. In
case of malfunctions of hardware or software, the County reserves the
right to cancel any sale, even if an award notification e-mail has
been received. The County cannot and will not guarantee uninterrupted
access to the auction system.
15. Reproduction of Auction
Materials and Resale of Items Listed: Bidders or website users may
reproduce or copy images, photographs, or descriptions of property
listed on the auction site for personal use only. Bidders and website
users may not reproduce, display, or broadcast online auction
materials by any means, or by using any media, without the express
written permission of the County. The County reserves the right to
disallow participation in the online auction by any website user or
bidders at any time for violating applicable laws, ordinances, terms
and conditions listed here, or for activity deemed unacceptable by
the County. Before paying for and taking possession of the items
listed for sale by the County, successful bidders and website users
shall not post or list the same items for sale by any other means.
Please be advised that the County auction staff reports suspected
fraud or criminal activity to the proper authorities.
16.
Privacy: The County gathers information from bidders so that it will
know who has won an auction item. Personal information is not sold or
rented. Personal information is used for the purpose of conducting
online auctions and not used for any other purpose. Be advised that
transactions of the County auction are subject to Section 10-611 et
seq. of the State Government Article, also known as the Maryland
Public Information Act.
17. Applicable Law/Venue: Although
this site may be accessed from any state, bidders who participate in
this auction agree that (a) the purchase shall be deemed to have
taken place in Howard County, Maryland; (b) the laws of the State of
Maryland shall govern all matters relating to the use of this auction
and purchase of items listed by the County on this site; and (c) the
exclusive venue for any and all actions related to hereto shall be
the appropriate Federal Court located within the State of Maryland or
the appropriate State Court located within Howard County,
Maryland.
18. Acceptance of Terms and Conditions. By
submitting a bid, the bidder agrees that they have read, fully
understand and accept these Terms and Conditions of Online Sales, and
agree to pay for and remove the property, if the bid is accepted, by
the dates and times specified.
