City of Marquette of Marquette
Terms
and Conditions
General: Under no circumstances will CITY OF
MARQUETTE be liable to any person or business entity for any direct,
indirect, special, incidental, consequential, or other damages or
losses based on or caused by any use of the auction web site or any
other web site to which the site is linked, the content of such web
sites, or any viruses or other harmful components derived from any
such web sites, including, without limitation, any lost profits,
revenue, or use, business interruption, or loss of computer programs
or information, even if CITY OF MARQUETTE has been specifically
advised of the possibility of such damages or losses.
CITY
OF MARQUETTE strives to make the online auction system as accurate as
possible. However, errors and equipment malfunctions are possible and
may occur without notice. In case of malfunctions of hardware or
software, CITY OF MARQUETTE reserves the right to cancel any sale,
even if an award notification e-mail has been received. CITY OF
MARQUETTE cannot and will not guarantee uninterrupted access to the
auction system.
Eligibility: A buyer must be a minimum of
18 years old and legally able to form binding contracts as a buyer in
an auction.
Acceptance of Terms and Conditions: By
submitting a bid, the bidder agrees that they have read, fully
understand and accept these Terms and Conditions and agree to pay for
and remove the property, if the bid is accepted, by the dates and
times specified.
Inspection: The responsibility to
determine the condition of the property rests with the bidder.
Prospective bidders are encouraged to inspect the property prior to
bidding, and to place bids based solely on their personal inspection
and evaluation. Bidders must adhere to the inspection dates and times
indicated in the item description or contact the person listed to
schedule an inspection. Prospective bidders will not be allowed to
test, operate or disassemble any item featured in an auction. CITY OF
MARQUETTE shall have the equipment and/or vehicle(s) available for
inspection by appointment only.
Guarantee Waiver: All
property is offered for sale "AS IS, WHERE IS" CITY OF
MARQUETTE makes no warranty, guaranty or representation of any kind,
expressed or implied, as to the merchantability or fitness for any
purpose, or completeness of the property offered for sale.
The
description of the equipment and/or vehicle(s) offered for sale has
been compiled from data available but there is no guarantee or
warranty on the part of the CITY OF MARQUETTE as to condition,
quality or description of the auctioned items.
DETERMINATION OF
CONDITION, FUNCTION, AND PERCEIVED OR ASSUMED VALUE IS THE SOLE
RESPONSIBILTY OF THE BUYER.
Omissions: CITY OF MARQUETTE
is not responsible for any omissions or errors in the description of
the equipment and/or vehicle(s) offered for sale.
Consideration
of Bid: CITY OF MARQUETTE reserves the right to award by item, groups
of items, or total bid. CITY OF MARQUETTE reserves the right to
reject any and all bids and to withdraw from sale any of the items
listed.
Each Bid received with the understanding that the
acceptance by CITY OF MARQUETTE of the offer to purchase any or all
of the items described therein shall constitute a contract between
the bidder and CITY OF MARQUETTE.
Bids: Bids submitted
shall remain firm for a period of five (5) days following the closing
date of bids.
Ownership: At the end of the auction, the
highest bidder has entered into a binding contract with CITY OF
MARQUETTE, and is obligated to pay the price bid. Placing the winning
bid, but not paying for the product, is illegal in most states, and
may result in prosecution.
Bidders should verify winning status
before traveling to CITY OF MARQUETTE.
Notice of Award:
Successful bidders will receive a Notice of Award by email from
PublicSurplus.com
Shipping: Unless otherwise noted, all
items sold must be picked up at CITY OF MARQUETTE, Marquette,
Michigan. CITY OF MARQUETTE will not be responsible for items after
buyer, or designated shipper, takes possession.
Buyers
Premium: Ten Percent (10%) SURCHARGE will
be added to all purchases made. The surcharge is the cost to CITY OF
MARQUETTE for the utilization of the third-party web site provider.
The buyer shall add and include the surcharge amount when making
payment to Public Surplus.
Taxes: Any and all taxes,
federal, state and local, due on the sale of the equipment and shall
be included in your payment to Public Surplus, unless the Bidder
provides a valid tax-exempt certificate at the time of
payment.
Payment: PayMac,
a third-party payment processing company, collects all payments for
the
CITY OF MARQUETTE. 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 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.
Removal: Purchases will be released only upon
receipt of full payment as specified. Buyer is responsible for
loading and removal and any and all property awarded to them. Assets
must be removed within 10 business days from the time and date of
successful bid notification.
The Buyer will make all
arrangements and perform all work necessary, including packing,
loading and transportation of the property. Under no circumstances
will CITY OF MARQUETTE assume responsibility for packing, loading or
shipping. Property may only be removed between the hours of 9:00 am
and 2:00 pm, Tuesday or Thursday. Removal of purchased items must be
scheduled in advance. If unclaimed by winning bidders, CITY OF
MARQUETTE reserves the right to re-auction or award the item to the
next highest bidder.
For additional information, please contact
Todd Carruth at tcarruth@marquettemi.gov.
Vehicle Titles:
CITY OF MARQUETTE 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 MARQUETTE will not issue replacement titles. There is no
warranty or verification of vehicle odometer readings.
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. If the Buyer fails in the
performance of their obligations, CITY OF MARQUETTE may exercise such
rights and may pursue such remedies as are provided by law. If one
item goes into default, all items won by the bidder go into default
and are subject to resale.
Reproduction
of Auction Materials and Resale of Items Listed: Bidders or website
users may reproduce or copy images, photographs, or descriptions of
property listed on the auction site for personal use only. Bidders
and website users may not reproduce, display, or broadcast online
auction materials by any means, or by using any media, without the
express written permission of CITY OF MARQUETTE. CITY OF MARQUETTE
reserves the right to disallow participation in the online auction by
any website user or bidders at any time for violating applicable
laws, ordinances, terms and conditions listed here, or for activity
deemed unacceptable by CITY OF MARQUETTE. Before paying for and
taking possession of the items listed for sale by CITY OF MARQUETTE,
successful bidders and website users shall not post or list the same
items for sale by any other means. Please be advised that CITY OF
MARQUETTE auction staff reports suspected fraud or criminal activity
to the proper authorities.
Indemnification: Buyers agree
to indemnify and hold harmless CITY OF MARQUETTE for any and all
damages, claims, or liability of any nature or kind in the sale of,
or the buyer's use of, the property. The buyer, its predecessors,
successors and assigns hereby release, relinquish and discharge CITY
OF MARQUETTE, its former, present and future agents, employees,
officers, officials, board members and legal representatives
(collectively known as "CITY OF MARQUETTE") from any
liability arising out of the sale and/or concurrent negligence of
CITY OF MARQUETTE for any injury, including death or damage to
persons or property, where such damage is sustained in connection
with, or arising out of, the sale of CITY OF MARQUETTE owned
property. Nothing herein is intended to or shall waive any applicable
governmental immunity for CITY OF MARQUETTE.
Applicable
Law: Although this site may be accessed from any state, bidders who
participate in this auction agree that the laws of the State of
Michigan shall govern all matters relating to the use of this auction
and purchase of items listed by CITY OF MARQUETTE on this site. Any
contract resulting from this solicitation shall be governed in all
respects by the laws of the State of Michigan and any litigation with
respect thereto shall be brought in the courts of the State of
Michigan. The buyer shall comply with applicable federal, state and
local laws and regulations.
Privacy: CITY OF MARQUETTE
gathers information from bidders so that it will know who has won an
auction item. Personal information is not sold or rented. Personal
information is used for the purpose of conducting online auctions and
not used for any other purpose. Be advised that transactions of CITY
OF MARQUETTE auctions are subject to Freedom of Information Act
requests.