City of Lake Worth Beach
ONLINE SALES TERMS AND CONDITIONS
Contract. An award of sale is a contract between the winning bidder and City of Lake Worth Beach upon the terms and conditions set forth herein. City of Lake Worth Beach may pursue all legal remedies allowed by law against any bidder who fails to make payment for a winning bid.
Guarantee Waiver. All property is offered for sale as-is, where-is. City of Lake Worth Beach makes no warranty, guaranty or representation of any kind, expressed or implied, as to the condition, usability, value, merchantability, authenticity, or fitness for any purpose of the property offered for sale. Some or all items may have been declared unsafe in their present condition by a federal or state safety standard. All bidders should inspect and, if necessary, repair/test all items prior to any use. The bidder is not entitled to any payment for loss of profit or any other money damages, including but not limited to special, direct, indirect, or consequential damages. In no event shall City be liable to bidder for any loss of goodwill or reputation, lost revenues or profits or incidental, special, indirect, consequential, exemplary, enhanced or punitive damages arising out of or related to the online sales and/or these Terms and Conditions of Online Sales, whether such alleged damages are labeled in tort, contract, or otherwise, and even if bidder has been advised of the possibility of such damages.
No Description Warranty. City of Lake Worth Beach 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 or herself as to the details and conditions of the item offered before entering a bid. The City of Lake Worth Beach does not attest to the authenticity of any item.
Inspection. Most items offered for sale are used and may contain defects not immediately detectable. Bidders may inspect the items offered for sale 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.
Indemnification. Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold City of Lake Worth Beach harmless from and against any claim, demand, 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 injury, including death, property damage, or contract damages. Nothing in these Terms and Conditions for Online Sales shall be construed as a waiver of the City of Lake Worth Beach's right to sovereign immunity.
Consideration of Bid. City of Lake Worth Beach reserves the right to reject any and all bids and to withdraw from sale any of the items listed before a notice of award is delivered.
Reserve Requirement. If there is a reserve requirement and the reserve price is not met by the close of bidding, City of Lake Worth Beach reserves the right to sell the auction item to the next highest bidder, relist the item for auction, or otherwise dispose of the item at City of Lake Worth Beach's sole and absolute discretion.
Notice of Award. Successful bidders will receive a Notice of Award by email from PublicSurplus.com
Payment. PayMac Inc., a third-party payment processing company, receives all payments for the City of Lake Worth Beach. 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 a bidder chooses to pay with a credit card, the bidder shall follow the instructions below. The credit card limit per transaction is $4,000.00. For payments larger than this amount, each bidder shall follow the instructions listed under "Wire Transfers."
Payment by Credit Card
To make a payment, the successful bidder shall 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 the successful bidder 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, a bidder 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 a bidder needs 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 the bidder. The successful bidder must follow the instructions exactly to ensure prompt payment.
Pick-Up and Third Party Pick-Up Procedures
Upon receipt of payment, the successful bidder will be notified by email sent to the address the bidder provided at registration with Publicsurplus.com. The successful bidder may then contact City of Lake Worth Beach and arrange for a mutually convenient pick-up time. The successful bidder 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's License). The successful bidder must present the foregoing three (3) items at the scheduled pick-up, or the auction item(s) will not be released.
2. If an agent of the esuccessful bidder is picking up an item for the successful bidder, the agent will need to bring the Notice of Award and the Paid Receipt (photo copies are acceptable), plus a note from the designated successful bidder specifically naming the agent as the authorized representative, along with the agent's own personal picture identification. In addition, the agent must arrange for the successful bidder to send an e-mail from the successful bidder's e-mail address used for the auction, stating that the agent is authorized to pick-up the item.
Shipping. The City of Lake Worth Beach cannot ship any item(s). It will be the successful bidder's responsibility to follow the Pick-Up Procedures above to ensure that the purchased item is released to the successful bidder or agent.
Bid Deposits. City of Lake Worth Beach 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.
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.
State/Local Sales and/or Use Tax. City of Lake Worth Beach will collect sales tax, unless the successful bidder has provided a valid tax-exempt certificate to City of Lake Worth Beach prior to payment. If applicable, the sales tax will be visible during the bidding process and will be included in the payment specified.
Removal. The successful bidder must remove auction item(s) from the City of Lake Worth Beach's premises within ten (10) business days after the time and date of issuance of the Notice of Award. If the successful bidder, after making payment for an item, fails to remove the item within the specified time, the City of Lake Worth Beach reserves the right (1) to retain all payments; and (2) to dispose of the item through another auction or otherwise at its sole and absolute discretion. Successful bidders are responsible for packing, loading, removing, and transporting all items awarded to them from the place where the items are located as indicated on the website and in the Notice of Award. The successful bidder must make all arrangements and perform all work necessary, including packing, loading, and transportation of the items. Under no circumstances will City of Lake Worth Beach assume responsibility for packing, loading, or transporting the item(s). The successful bidder shall be liable to and reimburse City of Lake Worth Beach for any damage to City of Lake Worth Beach's property caused by the successful bidder or successful bidder's agent's removal of auction item(s) from the premises. No maintenance may be performed on the items at the City of Lake Worth Beach premises. For additional information, please contact Enrique Uribe, (561) 473-7998, euribe@lakeworthbeachfl.gov
Risk of Loss. In the event an auction item is lost or destroyed after a notice of award has been sent but prior to removal by the successful bidder, and to the extent such loss or destruction is not caused by the successful bidder or successful bidder's agent agent or employee, City of Lake Worth Beach will refund purchase price paid to the for the auction item(s). . The liability of City of Lake Worth Beach shall not exceed the actual price paid for the auction item(s).
Vehicle Titles. City of Lake Worth Beach will issue a title or certificate upon pick up with confirmed payment. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. City of Lake Worth Beach 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 bid contract and suspension from participation in all future sales until the default has been cured. If the successful bidder fails in the performance of their obligations, City of Lake Worth Beach may retain the successful bidder's bid deposit and exercise such rights and pursue such remedies as are provided by law.
Law, Venue, Waiver of Jury Trial and Fees. These Terms and Conditions of Online Sales shall be governed by the laws of the State of Florida. Any and all legal action, including mediation, necessary to enforce these Terms and Conditions of Online Sales will be held exclusively in Palm Beach County, Florida. If any legal action or other proceeding is brought for the enforcement of these Terms and Conditions of Online Sales, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of these Terms and Conditions of Online Sales, the bidder agrees that it shall be responsible for its own attorney's fees. The bidder further agrees to waive any and all rights to a trial by jury for any and all disputes or claims which may be related to or arise out of these Terms and Conditions of Online Sales including, without limitation, any counterclaims.
No Third Party Beneficiaries. The successful bidder agrees that there are no third party beneficiaries to the online sales or these Terms and Conditions of Online Sales.
Acceptance of Terms and Conditions. By submitting a bid, each 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 auctioned item(s), if the bid is accepted, payment is made, by the dates and times specified.
*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*