ONLINE SALES TERMS AND CONDITIONS
Guarantee
Waiver
All
property is offered for sale as-is, where-is. City of Bend 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 Bend 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 Bend confirms that
the property does not conform to the description, City of Bend will
keep the property and refund any money paid. The liability of City of
Bend 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 Bend 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
PayMac.
A third-party payment processing company, receives all payments for
the City of Bend. Payment for an awarded item must be received within
five business days after 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 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 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. 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.
You will be notified upon receipt of payment. You may then contact
the responsible party listed for the auction item and arrange for a
mutually convenient pick-up time. You must bring to the pick-up
location (1) the Notice of Award, (2) the Paid Receipt and (3)
personal identification (such as a Driver License). You must present
all three identification items at the scheduled pick-up, or the
auction item(s) will not be released to you.
2.
If you are picking up an item for someone else, you will need to
bring the Notice of Award and the Paid Receipt (photo copies are
acceptable), plus a note from the designated winning bidder
specifically naming you as authorized representative, along with your
own personal identification. In addition, you must arrange for the
winning bidder to send an e-mail from the winning bidder e-mail
address used for the auction, stating that you are authorized to
pick-up the item.
Bid
Deposits
City
of Bend 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.
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 the
payment required.
Removal
Buyer
must remove auction item(s) from the agency premises within 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. Successful bidders are
responsible for packing, loading, removing and transporting of 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 City of Bend assume responsibility for packing,
loading or transporting. For additional information, please contact
Nita Burke (541) 693-2127, nburke@bendoregon.gov
Vehicle
Titles
City
of Bend 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
Bend 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 Buyer fails in the
performance of their obligations, City of Bend 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 the bidder has read, fully
understood and accepted these Terms and Conditions of Online Sales,
and agrees to pay for and remove the property, if the bid is
accepted, by the dates and times specified.