Sample Terms and Conditions
CITY of FLORENCE, OREGON
ONLINE SALES � TERMS AND CONDITIONS
Guarantee
Waiver.� All property is offered for
sale �as-is, where-is.� City of Florence, Oregon 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 Florence 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 Florence confirms that the property does not conform to the description, City of Florence will keep the property and refund any money paid.� The liability of City of Florence 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 the person listed to
schedule an inspection.
Consideration
of Bid. �City of Florence 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 City of Florence. Payment for an awarded item must be
received within 5 business days of close of auction. Payment shall be made
online by credit card, or wire transfer. �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 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.
Wire Transfers:
For
payments over $4,000.00 a Wire Transfer is required. NO CASH, CHECKS, OR MONEY ORDERS WILL BE
ACCEPTED. 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.� Public Surplus will notify the Buyer upon
receipt of payment.� The Buyer may then
contact the responsible party listed for that item and arrange for a mutually
convenient pick up time. The Buyer must bring the �Notice of Award� with the
�Paid Receipt� and personal identification such as a Drivers License or DMV ID
to the pick up location. The person releasing the item will require the Buyer
to show all three documents. The Buyer
must present these forms of identification at the scheduled pick up or the
auction item(s) will not be released.
2.� If you are picking up an
item for someone else, you will need to bring the receipt, (photo copies are
acceptable), plus a note from the designated �winning bidder� specifically
naming you as their authorized representative, along with your own ID.
Bid Deposits. City of
Florence 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 Buyers
Premium may 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 payment to Public Surplus
State/Local Sales and/or Use Tax. �Not Applicable.
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. 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
any and all payments; and (2) to dispose of the item as deemed desirable by the
agency. 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 Florence assume responsibility for packing, loading or
shipping.� Property may be removed
between the hours of 8am � 12pm and 1pm - 4pm,
Monday
through Friday Pacific Time, excluding legal holidays.� For additional information, please contact Sandi
Anderson, (541) 997-4106, sandi.anderson@ci.florence.or.us.
Vehicle
Titles. �City
of Florence
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 Florence 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, City of Florence 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 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.