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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:

  1. The Buyer must notify the Auction Contact prior to scheduling pickup, and
  2. 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:

  1. Failure to comply with these Terms and Conditions
  2. Failure to make timely payment
  3. 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 ConditionsBy 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.