CITY OF PALM SPRINGS, CA
Terms and Conditions of Online Auction Sales
CONDITION OF PROPERTY:
The vehicles and/or personal property (hereinafter "property") are offered for sale by the City of Palm Springs. However, a third-party web site provider and an online auction services contractor are being utilized. The buyer must be registered, and in good standing with PublicSurplus.com, the online auction provider.
All property (including vehicles) is offered for sale AS IS, WHERE IS, and with all faults, if any, with no warranty or guarantee of any kind, expressed or implied, as to its fitness for any use of purpose offered or implied or compliance with safety regulations of the property being sold. By bidding, the buyer agrees to indemnify and hold harmless the City of Palm Springs, its officials, employees and agents, from any and all damages, injuries, and/or causes of action which involve or relate to the property offered in this auction occurring subsequent to the commencement date of this auction. The Buyer is not entitled to any payment for loss of profit or any other money damages - special, direct, indirect, or consequential.
Descriptions of property appearing in the online auctions are believed to be correct. The descriptions, or any written or oral statements made concerning any such property, under no circumstances shall be considered as a warranty, expressed or implied, of any kind. The City of Palm Springs offers no guarantees or warranties. All 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. Determination of condition, function, and perceived or assumed value is the sole responsibility of the buyer. All sales are final and there are no refunds or adjustments under any circumstances.
Vehicles - In addition to the terms and conditions above, The City of Palm Springs does not warrant conformity of vehicles to the requirements of the California Vehicle Code. Furthermore, pursuant to California Vehicle Code 24007.5, notice is hereby given that it is the sole responsibility of all buyers of vehicles to obtain a certificate of compliance for smog control devices prior to registration. Any and all smog related repairs, or other repairs of any kind (including any retrofits of diesel powered vehicles that may be required by law or regulation) and certifications are the sole responsibility of the buyer.
AWARDS:
The City of Palm Springs reserves the right to (1) withdraw any property being offered at any time without reason; (2) to award bids received on the basis of individual items, or groups of items, or on the entire list of items; (3) to reject any or all bids, or any part thereof; (4) to waive any informality in the bids; and (5) to accept the bid that is in the best interest of the City. The CityÃs decision shall be final. At the end of the auction, the highest bidder has entered into a binding contract with the City of Palm Springs, and is obligated to pay the price bid. The buyer must be a minimum of eighteen (18) years old and legally able to form binding contracts as a buyer in an auction. Successful bidders will receive a Notice of Award by email directly from PublicSurplus.com.
If property is unclaimed by winning bidders the City reserves the right to claim any deposit by the default bidder and to award the property to the next highest bidder or re-auction the property, whichever is in the best interest of the City.
Pursuant to Palm Springs Municipal Code 7.10.010 (3) and (4), City of Palm Springs employees and officials may participate in a competitive bid process open to the public to purchase goods, supplies and equipment from the City, with the exception of those employees and officials who recommend or approve the designation of City property as surplus, who are ineligible to purchase said items under any process, including competitive bid.
PAYMENT AND REMOVAL OF PROPERTY (ALL ITEMS):
Payment – PayMac, collects all payments for the City of Palm Springs auctioned property. Payment for an awarded item must be received by Public Surplus within 5 business days of close of auction. Payment shall be made online by credit card, or by wire transfer. 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 $4,000.00 follow the instructions listed under Wire Transfers.
Partial Payment
There will be NO partial payments of an auction allowed. All auctions must be paid in full per payment process used per auction. For example: You WILL NOT be able to pay partially for an auction by credit card and pay the remainder by wire transfer.
Credit Cards
Login to the Public Surplus site. Click on "My Stuff" and then click on "Past Bids". Click on the description of the auction and then click on "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. We accept all major credit cards, PayPal and eChecks.
Wire Transfers
For payments over $4,000 a wire transfer is required. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED FOR TRANSACTIONS OVER $4,000. If you need to do a wire transfer please email Buyer 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.
Bid Deposits - The City of Palm Springs shall require bid deposits to Public Surplus on all auctions exceeding $500 in order to ensure fairness and equity to all buyers and as a way to decrease default bidding. The deposit will be reversed by Public Surplus if no default occurs, or the bidder does not win the auction. Public Surplus will collect and keep the deposit if there is a default by the winning bidder.
Buyers Premium - A 10% Buyers Premium will be added to the final sale price with a $1 minimum charge per auction to collect payment. If added, the premium will be visible during the bidding process and will be included in payment to Public Surplus.
State/Local Sales and/or Use Tax - The City of Palm Springs will collect sales tax, on non-vehicle sales if applicable, unless the buyer has provided a valid tax-exempt certificate to the City of Palm Springs prior to payment. If applicable the sales tax will be visible during the bidding process and will be included in your payment to Public Surplus. Buyers of vehicles agree to pay all applicable taxes at the time of registration at the applicable rate for their residence or as set forth by applicable law.
Pick Up Procedures
1. Public Surplus will notify the Buyer upon receipt of payment. The Buyer may then contact the City of Palm Springs for that item and arrange for a mutually convenient pick up time (by appointment only, during regular City business hours, Monday through Thursday). The Buyer must bring the Notice of Award with the Paid Receipt and personal identification such as a Drivers License or DMV ID to the pick up location. The person releasing the item will require the Buyer to show all three documents. The Buyer must present these forms of identification at the scheduled pick up or the auction item(s) will not be released.
2. If you are picking up an item for someone else, you will need to bring the Paid Receipt, (photo copies are acceptable), plus a signed letter from the designated ñwinning bidderî specifically naming you as their authorized representative, along with your own ID.
Removal - Buyer must remove auction item(s) within five (5) business days of notification by Public Surplus of receipt of payment, and within ten (10) business days from 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 City of Palm Springs reserves the right (1) to retain any and all payments; and (2) to dispose of the item as deemed desirable by the agency.
Successful bidders are responsible for loading and removal and any and 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 will make all arrangements and perform all work necessary, including packing, loading and transportation of the property at their sole expense and risk. Under no circumstances will the City of Palm Springs assume any responsibility for packing, loading or shipping. The buyer accepts any and all liability for damages while removing the property purchased.
Vehicle Titles - The City of Palm Springs 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. The City will not issue replacement titles.
DEFAULT:
Default shall include (1) failure to observe these terms and conditions; (2) failure to purchase any item won by the bidder in any bid;(3) failure to make good and timely payment; or (4) failure to remove all items within the specified time. Default will result in termination of the contract and suspension from participation in all future sales. If the Buyer fails in the performance of their obligations, the City of Palm Springs may exercise such rights and may pursue such remedies as are provided by law.
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 Auction Sales, and agree to pay for and remove the property, if the bid is accepted by the City of Palm Springs, by the dates and times specified.