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City of Charlottesville, Virginia
ONLINE SALES � TERMS AND CONDITIONS


Guarantee Waiver: All property is offered for sale �as-is, where-is.� the City of Charlottesville 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: The City of Charlottesville 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 the City of Charlottesville confirms that the property does not conform to the description, the City of Charlottesville will keep the property and refund any money paid. The liability of the City of Charlottesville shall not exceed the actual purchase price of the property. Please note that upon removal of the property, all sales are final.
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 Matt Damasco or email:damascom@charlottesville.gov
Consideration of Bid: The City of Charlottesville 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: Public Surplus collects all payments for the City of Charlottesville. Payment for an awarded item must be received within five (5) business days of close of auction. Payment shall be made online by credit card, or directly with cashier�s check, money order, or certified check. 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 Manual Payment.

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. We accept all major credit cards, PayPal and e-Checks.

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 another payment method such as a wire transfer.

Manual Payment:
For payments over $4,000.00 and any other non-credit card payments follow the instructions below.
1. Please send payment along with a copy of "Notice of Award" (emailed from PublicSurplus.com) to Public Surplus, LLC at the following address(s).

Mailing Address:
Public Surplus L.L.C.
P.O. Box 50676
Provo UT 84605

Courier Address
(FedEx, DHL, or UPS ONLY):
Public Surplus L.L.C.
1503 S. 40 E., Suite 350
Provo UT 84606
NOTE: Check should be made payable to Public Surplus, LLC marked with the Auction #. Accepted forms of payment are Certified Check, Cashiers Check or Money Orders. Payments need to be received by Public Surplus within five (5) business days of notification of award.
2. If you need to do a wire transfer please call 801-932-7000 and ask for buyers support to work out the details for this transaction. Once payment is received the same instructions apply as with manual payment.

3. Public Surplus will notify you upon receipt of payment. You may then contact the responsible party listed for that item and arrange for a mutually convenient pick up time. You will need to bring the payment receipt or the auction item(s) will not be released to you.


Bid Deposits: The City of Charlottesville 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.

Buyers Premium:�A 9% Buyer Premium shall be added to the final sale price with a $1 minimum charge per auction to collect payment.

State/Local Sales and/or Use Tax: The City of Charlottesville will collect sales tax, currently 5%, on non-vehicles if applicable, unless the buyer has provided a valid Virginia tax-exempt certificate to the City of Charlottesville prior to payment.

Removal: Buyer must remove auction item(s) from said agencies premises within 5 business days of notification by Public Surplus of receipt of payment, and within 10 business days from the time and date of issuance of the Notice of Award. 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. Under no circumstances will the City of Charlottesville assume responsibility for packing, loading or shipping. Property may be removed between the hours of 8:00 am and 3:00 pm, Monday through Friday, excluding legal holidays. For additional information, please contact Matt Damasco, email: damascom@charlottesville.gov
Vehicle Titles: The City of Charlottesville 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 to the City of Charlottesville will not issue replacement titles.
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, the City of Charlottesville may exercise such rights and may pursue such remedies as are provided by law.
Personal and property risk: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the City of Charlottesville from liability therefore.
Sales to Employees: Employees of the City of Charlottesville may bid on the property listed for auction, so long as they do NOT bid while on duty. Purchases by City employees cannot exceed $500.00 per transaction.
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.
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