ONLINE SALES -
TERMS AND CONDITIONS
Guarantee Waiver
All property is offered for sale "as-is,
where-is." City of Upland makes no warranty, guaranty or representation of
any kind, expressed or implied, as to the merchantability or fitness for any
purpose of the property offered for sale. The Buyer is not entitled to any
payment for loss of profit or any other money damages - special, direct,
indirect, or consequential.
Description Warranty
City of Upland warrants to the Buyer that the property
offered for sale will conform to its description. Any claim for mis-description
must be made prior to removal of the property. If City of Upland confirms that
the property does not conform to the description, City of Upland will keep the
property and refund any money paid. The liability of City of Upland shall not
exceed the actual purchase price of the property. Please note that upon removal
of the property, all sales are final.
Indemnification
Buyers agree to indemnify and hold harmless City of Upland
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 Department, its former, present and future agents, employees,
officers, officials and legal representatives (collectively known as "the
Department") from any liability arising out of the sale and/or concurrent
negligence of the Department 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 Department owned property.
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
Consideration of Bid
City of Upland reserves the right to reject any and all bids
and to withdraw from sale any of the items listed.
Notice of Award. Successful bidders will receive a Notice of Award by email
from PublicSurplus.com.
Payment
PayMac, a third-party payment
processing company, receives all payments for City of Upland. 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 "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.
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.
Pick-Up Procedures
1. You will be notified upon receipt of payment. You may then contact the
responsible party listed for the auction item 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" (3) form of
identification (ie: Valid Driver's License). You must present all required 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 note from the designated "winning bidder"
specifically naming you as authorized representative, along with your own
personal identification. In addition, you must arrange for the winning bidder
to send an e-mail from the winning bidder's e-mail address used for the auction
stating that you are authorized to pick-up the item.
Bid Deposits
City of Upland may require bid deposits in
order to ensure fairness to all bidders. The deposit will be reversed if
no default occurs or the bidder does not win the
auction. The deposit will be retained if the winning bidder defaults.
Buyers Premium
A 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 the payment
required.
State/Local Sales and/or Use Tax. City of Upland may collect sales tax, unless
the Buyer has provided a valid tax-exempt certificate to City of Upland prior
to payment. If applicable, the sales tax will be visible during the bidding
process and will be included in the payment specified.
Removal. Buyer must remove auction item(s) from the agency's premises within
ten (10) business days after 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 agency reserves the right (1) to retain all
payments; and (2) to dispose of the item through another auction or otherwise.
Successful bidders are responsible for packing, loading, removing and
transporting of 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 City of
Upland assume responsibility for packing, loading or transporting. For
additional information, please contact City of Upland, (909) 946-7624, amerritt@uplandpd.org.
Vehicle Titles
City of Upland 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. City of
Upland will not issue replacement titles.
Vehicle Sales
The City of Upland does not warrant conformity of vehicles
to the requirements of the California Vehicle Code. Pursuant to California
Vehicle Code 24007.5 notice is given that all buyers of vehicles must obtain a
certificate of compliance for smog control devices prior to registration. The
document certifies the vehicle complies with applicable Health and Safety Code
requirements. Purchases by dealers and vehicles sold for dismantling or for
exclusive off-highway use are exempt from this requirement.
Upon receipt of payment, City of Upland will provide the buyer with the vehicle
title and the California Department of Motor Vehicles Vehicle/Vessel Transfer
and Reassignment Form. Titles may be subject to any restrictions as indicated
in the item description on the website. City of Upland will not issue
replacement titles. Buyer is responsible for following all Department of Motor
Vehicle regulations for the transfer of vehicle title and registration. All
smog-related repairs and certifications for vehicles, when applicable, are the
sole responsibility of the buyer as outlined in California Vehicle Code,
Division 12, Section 24007.5(g).
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 bid 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, City of Upland 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 the bidder has
read, fully understood and accepted these Terms and Conditions of Online Sales,
and agrees` to pay for and remove the property, if the bid is accepted, by the
dates and times specified