SOLANO
COUNTY SURPLUS
2543 Cordelia Road, Warehouse C
Fairfield, CA 94534
Terms and Conditions for Accepting
Surplus Property Sold by Solano County
These Terms and Conditions constitute
the entire and exclusive agreement governing the sale of surplus
property by Solano County (�Seller�). Submission of a bid constitutes the
bidder�s full and unconditional acceptance of these Terms and
Conditions. No modification or waiver shall be valid unless made in writing
and executed by Solano County. These Terms and Conditions shall be governed
by the laws of the State of California. Venue for any dispute shall lie
exclusively in Solano County, California.
1. Property means
surplus and/or used equipment owned by Solano County and offered for sale.
2. Condition
of Property / Disclaimer of Warranties - All Property is sold �AS IS,
WHERE IS,� with all faults, whether latent or patent. The Seller makes no
warranties or representations, express or implied, including but not limited to
warranties of merchantability, fitness for a particular purpose, title, or
non-infringement.
The Buyer assumes all risk of loss, damage, or defect upon award
of the bid. Under no circumstances shall Seller be liable for loss of profits,
indirect, incidental, special, or consequential damages.
Buyer
and Buyer�s agents, contractors, and representatives enter County premises at
their own risk. Buyer assumes all risk of loss, damage, injury, or death
arising from or related to the inspection, handling, loading, and removal of
Property, and agrees to indemnify, defend, and hold harmless Solano County from
any claims, damages, or liabilities arising therefrom.
3. Warranties
-
Seller warrants only that the Property will conform to its published
description at the time of sale. Descriptions are provided for identification
purposes only and may include estimates or representative information.
Any claim
for misdescription must be submitted before removal of the Property. If
Seller determines that the Property materially fails to conform to the
description, Seller�s sole obligation shall be to cancel the sale and refund
the purchase price paid. Seller�s liability shall not exceed the actual
purchase price.� Upon removal
of the Property, all sales are final.
4. Right to
Reject Bids - Seller reserves the right to reject any and/or all bids, withdraw
Property from sale, or cancel any transaction at any time prior to payment
and removal, in Seller�s sole discretion.
5. Payment
Terms - Payment is due in full no later than 10 business days
from the time and date of the close of the auction and must be made at the time
of removal, unless otherwise expressly agreed to in writing by the Seller.
Accepted
payment methods:
�
Debit or credit card only (Visa, Mastercard,
Discover)
Not
accepted:
�
Cash
�
Personal or business checks
�
Money orders
�
Cashier�s checks
�
Online payment through Public Surplus
Failure to
timely pay constitutes default. Failure to remove Property within the
specified period, even if payment has been made, shall constitute default.
6. Taxes and
Fees - Buyer is responsible for all applicable state and local sales
or use taxes, unless a valid California-issued sellers permit is
provided and verified. California does not recognize out-of-state resale
permits. Buyer remains liable for any taxes, penalties, or interest
assessed due to invalid exemption claims.
All sales
are subject to buyer�s premiums and/or transaction fees imposed by PublicSurplus.com,
which are in addition to the purchase price and any applicable taxes.
7. Removal of
Property - ��
�
Removal is by appointment only with at
least 24 hours� notice.
�
All Property must be removed within ten
(10) business days of auction close.
�
Property will not be released until payment
is confirmed.
Successful Buyers are solely responsible
for the loading, handling, and removal of all Property awarded to them from
the location identified in the auction listing. The Buyer shall make all
arrangements and perform all work necessary for removal, including packing,
loading, disassembly (if required), transportation, and any related logistics.
Solano County shall have no responsibility
or liability for packing, loading, lifting, disassembly, shipping,
installation, warranty, maintenance, engineering changes, or technical support
for any Property sold.
No assistance of any kind will be provided by Solano County staff in
lifting, loading, or moving Property into a Buyer�s vehicle.
Shipping and Third-Party Pickup
Solano County does not ship items and does
not accept prepaid shipping labels.
If a Buyer is unable to retrieve Property in
person, the Buyer may:
�
Authorize a
family member or friend to pick up the Property on their behalf in writing, or
�
Retain a courier
or freight company to pick up, pack, and transport the Property.
All
third-party pickups are subject to Seller approval and must comply with
scheduling and removal requirements.
Courier
and Freight Requirements
If
a courier or freight company is used:
- The Buyer must notify the
Auction Contact prior to scheduling pickup, and
- The courier
or freight company must be fully responsible for providing all labor,
packing materials, pallets, boxes, and equipment necessary to secure
and transport the Property.
Solano County will not box, palletize,
wrap, or otherwise prepare Property for shipment. If the courier cannot
perform these services independently, the Buyer assumes all risk and
responsibility. Risk of loss transfers to Buyer upon award of the bid,
regardless of the time or method of removal.
Buyers
with questions or uncertainty regarding courier requirements should contact the
Auction Contact before the removal deadline.
8. Default �
Default
includes:
- Failure to comply with these
Terms and Conditions
- Failure to make timely payment
- Failure to remove Property within
the specified time
Upon default, Seller may:
- Terminate the sale
- Reclaim and resell the Property
- Suspend or permanently bar Buyer
from future Solano County auctions
- Pursue any remedies available at
law
9. Progressive
Default Enforcement (�Strike System�) - Solano County operates on a strike
system for default. Should the buyer default, buyer will be marked as such in
the system with a note that buyer failed to meet the terms and conditions of
the auction and seller will reclaim and resell all items.
�
First or Second
Default (Warning): Recorded in
Buyer�s account; Property reclaimed and resold
�
Third Default (�Strike
1�): Three (3)-month
bidding suspension
�
Fourth Default (�Strike
2�): Nine (9)-month
bidding suspension
�
Fifth Default (�Strike
3�): Indefinitely
barred, subject to Seller review
Suspension or disqualification determinations
shall be made in the Seller�s sole discretion based on documented default
history. Seller reserves the right to shorten, extend, or permanently impose
disqualification periods as circumstances warrant. Decisions may be reviewed
administratively upon written request, but reinstatement is not guaranteed.
10. Legal
Compliance - Buyer represents and warrants that they possess all licenses,
permits, and authorizations required to remove, transport, or dispose of
the Property.
Buyer agrees to comply with all federal,
state, and local laws, including U.S. Department of Commerce export
regulations, as applicable.
11. Acceptance
of Terms and Conditions � By submitting a
bid, Buyer affirms that they have read, understood, and agreed to these
Terms and Conditions and to all payment and removal requirements.
Specific instructions posted on an individual
asset listing shall control in the event of conflict.
12. Sales to Employees - Seller�s employees may bid only if not on duty at the time of bidding. Any employee with custodial responsibility, privileged information, or valuation authority related to the Property is prohibited from bidding directly or indirectly.
13. Facility Closure - Seller shall not be liable for delays caused by events beyond its reasonable control, including labor actions, emergencies, or facility closures.
14.
Returns and Refunds - All sales
are final.
There
are no returns, exchanges, or refunds, except as expressly provided
under Section 3.