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CITY OF APACHE JUNCTION TERMS & CONDITIONS
1. AWARD:
At the time the auctioneer awards sale of item to bidder ("bidder"),
a legally binding contract is established between the City of Apache
Junction ("City") and the bidder. The City of Apache
Junction will pursue legal remedies allowed by law against any bidder
who fails to make required payment(s).
2. ERRORS & OMISSIONS: The City 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/her as to the details and conditions of material offered.
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 the
inspection
The City shall have the equipment and/or vehicle(s)
available for inspection by appointment only and prior to the start
of bidding. Equipment and/or vehicle(s) will be available for viewing
from 8:00 am - 5:00 pm Monday thru Thursday, excluding holidays.
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.
3. NO
WARRANTY: All items are sold AS IS/ WHERE IS. There are no
guarantees, express or implied. There are no warranties expressed or
implied as to condition, usability, merchantability or fitness for a
particular purpose. Some or all of these items may have been declared
unsafe in their present condition by a federal or state safety
standard. The purchaser should inspect and, if necessary, repair/test
all items prior to any use. Please note that upon removal of the
property, all sales are final.
Under no circumstances will the
City 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 web site or any
other web site to which the site is linked, the content of such web
sites, or any viruses or other harmful components derived from any
such web sites, including, without limitation, any lost profits,
revenue, or use, business interruption, or loss of computer programs
or information, even if the City has been specifically advised of the
possibility of such damages or loss.
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.
4. INDEMNIFICATION: Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold the City, its board members and appointed officers, officials, agents and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs or expenses, 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. Bidder and his or her successors in interest acknowledge and assures all risk of injury or loss due to use of anything purchased online.
5. PROPERTY REMOVAL: Except as stated herein, no service of any kind will be furnished by the City, and the bidder shall assume all cost of removing property from the pickup location and of obtaining any necessary paperwork. Because the City is not equipped for shipping items (has no supply of boxes, tape, pallets, packaging), the bidder must arrange for packaging, pickup, insurance, and delivery with a carrier of its choice. The City is not responsible for items after bidder takes possession. The bidder shall reimburse the City for any damage to the City's property caused by the removal operations of the bidder or bidder's agents. Property may be removed between the hours of 8:00 am and 5:00 pm, Monday through Thursday, excluding legal holidays. For additional information, please contact the Public Works Department at (480) 982-1055.
6. FAILURE TO PICK-UP: Property paid for but not picked up by the original bidder shall be held for 30 calendar days. The City may assess a storage fee during this time, which the bidder will be responsible for paying in order to obtain the stored item(s). In the event the 30 calendar day's storage period passes without action by bidder, the City reserves the right to dispose of the item in order to fulfill the debt. Any monies received by the City shall be deemed consideration for such excess effort.
7. SALES TAX: All sales are subject to 2.4% City, 1.6 % Pinal County and 5.6% State sales tax. Buyers that are exempt from Transaction Privilege (Sales) Tax must present a completed Exemption Certificate - General (Sales to a Business, Native Americans, Government Entity or Nonresidents) [Form 5000] at the time of payment. This form can be obtained at http://www.azdor.gov/ADOR_Forms/60-69/60-2010_fillable.pdf. Failure to provide a complete and valid form at the time of payment will subject the buyer to all applicable sales tax. All sales are final, and no refunds or adjustments will be made.
8. DEFAULT
BUYERS: Any bidder who fails to pay for an awarded auction or
fails to pick up property that has been awarded and paid for shall
not be allowed to bid on future auctions with the City until such
outstanding debt has been paid in full. In addition, the City
reserves the right to block bidders from participating in City
auctions if they have defaulted on auctions with other public
entities. Bidders will be blocked by username, registered name and
registered email address. Blocked bidders shall not be allowed to bid
on, pay for, or pickup any auction item. The "blocked"
status may be reversed if sufficient proof of future reliability is
established with the Director of Public Works.
All purchased
equipment and/or vehicle(s) must be removed by successful bidders
with no debris or unwanted equipment and/or vehicle(s) left at the
pickup location. Bidders who fail to remove all equipment and/or
vehicle(s) within the specified time frame shall not be allowed to
bid on future auctions, absent proof of future reliability as
determined by the Director of Public Works.
9. WITHDRAWAL: The City reserves the right to withdraw any item from the sale up until the time the sale of the item is awarded. The City reserves the right to set a minimum bid on any item.
10. NOTICE OF AWARD. Successful bidders will receive a Notice of Award by e-mail from publicsurplus.com. No property may be removed by the purchaser prior to making full payment. The City reserves the right to award by item, groups of items, or total bid.
11. PAYMENT. PayMac. a third-party payment processing company, receives all payments for City of Apache Junction. 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
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 Chele Eweld at cewald@apachejunctionaz.gov phone number 480-474-8612 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. The pickup location is at 575 E Baseline Ave, Apache Junction, AZ.
Third party requirements, you will need to bring the Notice of Award and the Paid Receipt (photo copies 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 to Heather Hodgman at hhodgman@apachejunctionaz.gov, stating that you are providing authorization for a third party to pick-up the item.
12. VEHICLE TITLES. The City 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.
13. 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.
14. DIRECT contact with City employees, other than the employees in the Public Works Department, on the subject of this bid is prohibited except with the foreknowledge and permission of the Public Works Director or his or her representative.
15. BUYER PREMIUM. A Buyer Premium of 10.5% 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.