San Antonio Housing Authority
ONLINE SALES TERMS AND CONDITIONS
The award of a sale to a winning bidder is a contract between the winning bidder (hereinafter called “Buyer”) and the San Antonio Housing Authority whereby the Buyer agrees to be bound by the terms and conditions set forth herein. San Antonio Housing Authority 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. San Antonio Housing Authority 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. Buyers should inspect and, if necessary, repair/test all items prior to any use. Buyer is not entitled to any payment for losses including but not limited to loss of use, profit or any other money damages, including but not limited to special, direct, indirect, or consequential damages.
No Description Warranty. San Antonio Housing Authority is not responsible for any omissions or errors in the description of items being offered for sale. It shall be each bidder's responsibility to thoroughly inspect the details and conditions of the item offered before entering a bid. The Agency does not attest to the authenticity of any item.
Inspection. Most items offered for sale are used and may contain damage or defects not immediately detectable. Bidders will be given an opportunity to inspect the property prior to bidding and must acknowledge that they has been provided the opportunity. Bidders must adhere to the inspection dates and times indicated in the item description or contact the person listed to schedule an inspection.
Indemnification. The Buyer and its successors and assigns assume all responsibility for the future use and operation of the item after the date of conveyance. Buyer agrees for and on behalf of Buyer and Buyer’s heirs, successors and assigns that Buyer shall indemnify and hold San Antonio Housing Authority harmless from and against any claim, demand or cause of action arising or alleged to have arisen out of the sale and future use of the surplus property or failure to sell any item of surplus property including any and all claims for personal or bodily injury, death or contract damages occurring after the conveyance of the item to Buyer.
Consideration of Bid. San Antonio Housing Authority reserves the right to accept or 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, San Antonio Housing Authority reserves the right to sell the auction item to the highest bidder, relist the item for auction, or otherwise dispose of the item at San Antonio Housing Authority’s discretion.
Notice of Award. Successful bidders will receive a Notice of Award by email from PublicSurplus.com
Payment. PayMac Inc. is a third-party payment processing company, who receives and processes all payments for the San Antonio Housing Authority. Payment for an awarded item must be received by PacMac from the Buyer within five (5) business days after the Buyer receives the Notice of Award.
Payment may only be made online by credit card, or by wire transfer. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED. 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 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 you 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, you 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 you need 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 you. Please follow them exactly to ensure prompt payment.
Pick-Up and Third Party Pick-Up Procedures
Upon receipt of payment, the Buyer will be notified by email sent to the address the Buyer provided at registration with Publicsurplus.com. The Buyer may then contact San Antonio Housing Authority and arrange for a mutually convenient pick-up time. The Buyer 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 License). The Buyer must present all three identification items at the scheduled pick-up, or the auction item(s) will not be released to the Buyer.
If a person other than the the Buyer is picking up an item for the Buyer, they will need to bring the Notice of Award and the Paid Receipt (photo copies are acceptable), plus a note from the Buyer specifically naming them as an authorized representative for the Buyer along with their own personal picture identification. In addition, the Buyer must send an e-mail from their e-mail address used for the auction, stating that the person picking up the item is authorized by Buyer to pick-up the item.
Shipping. We cannot ship any item(s). Buyers may contact a carrier of their choice to pick-up, package, and ship your item(s) for you. It will be Buyer’s responsibility to follow the Third-Party Pick-Up Procedures above to ensure that the item is released.
Bid Deposits. The San Antonio Housing Authority 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 Buyer’s deposit will only be retained if the Buyer fails to make full payment for the item.
Administrative Fee. An administrative fee of 10.5% will be added to the final sale price with a $1 minimum charge per auction. The fee will be visible during the bidding process and will be included in the required payment.
State/Local Sales and/or Use Tax. Sales shall be collected on the sale of all items, unless the Buyer has provided a valid tax-exempt certificate during registration. If applicable, the sales tax will be visible during the bidding process and will be included in the required payment.
Removal. Buyer must remove auction item(s) from the agency premises within ten (10) business days after 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 all payments; and (2) to dispose of the item through another auction or otherwise. The Buyer is responsible for packing, loading, removing and transporting 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 must make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will San Antonio Housing Authority assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse San Antonio Housing Authority for any damage to San Antonio Housing Authority’s property caused by Buyer’s or Buyer Agent’s removal of auction item(s) from the premises. No maintenance may be performed on San Antonio Housing Authority property. For additional information, please contact Charles Bode, (210) 477-6703, charles_bode@saha.org
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, and to the extent such loss or destruction is not caused by the Buyer, or Buyer’s agent or employee, San Antonio Housing Authority will refund any money paid. The liability of San Antonio Housing Authority shall not exceed the actual purchase price of the damaged property.
Vehicle Titles. San Antonio Housing Authority will provide the issued title properly executed for transfer and a partially completed State of Texas Form 130U Application for Texas Title and/or Registration upon receipt of payment. Titles may be subject to any restrictions as indicated in the item description on the website. San Antonio Housing Authority will not file for replacement titles once surrendered to the Buyer.
Buyer Default. Buyer default shall occur upon the following events: (1) Buyer’s failure to observe these terms and conditions; (2) Buyer’s 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 Buyer fails in the performance of their obligations, San Antonio Housing Authority may retain Buyer’s bid deposit and exercise such rights and pursue such remedies as are provided by law.
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 if declared a winning bidder by a Notice of Award, the Buyer agrees to pay for and remove the property by the dates and times specified.
*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*