City of Las Vegas
On-Line Auction Terms & Conditions
1. ACCEPTANCE OF TERMS AND CONDITIONS: By submitting a bid, the Bidder agrees that he or she has read, fully understands and accepts these On-Line Auction Terms and Conditions (the "Terms and Conditions") and agrees to pay for and remove the auctioned item, if the bid is accepted, by the date specified in Sections 20 and 23.
2. AWARD OF BID: The bid will be awarded to the Bidder submitting the highest bid, which bid will be subject to these Terms & Conditions, and the supplemental terms and conditions, if any, imposed by the City and The Public Group.
3. Bid Deposits: The City may require a bid deposit in order to ensure fairness and equity to all Bidders, and to discourage default bidding. In the event a bid deposit is required, it will be returned to the Bidder if no default occurs or the Bidder does not win the auction. The Public Group will collect and retain the deposit if there is a default by the winning Bidder.
4. BIDS FOR ALL OR PART: The City reserves the right to conduct the auction for an individual item or groups of items, and to reject any or all bids, or portions thereof, if in its judgment, the best interests of the City will be thereby served.
5. Buyer's Premium: A three percent (3%) additional charge will be added to the final sale price of each auctioned item, with a One Dollar ($1.00) minimum charge per auction, to facilitate payment collection.
6. CONDITIONAL BIDS: Conditional bids are not allowed.
7. CONSIDERATION OF BID: The City reserves the right to establish a minimum bid for each auctioned item, reject any bid which does not meet the minimum bid amount, and to withdraw from sale any of the items listed to be auctioned on-line prior to the close of auction.
8. DEFAULT: A default by the Bidder shall include, without limitation, (1) failure to observe these Terms and Conditions; (2) failure to make good and timely payment; or (3) failure to remove the auctioned item within the specified time under Section 23.
9. DEFAULT BUYERS: Any Bidder who fails to pay for an awarded sale, or fails to pick up an auctioned item that has been awarded and paid for as required pursuant to Section 23, may not be allowed to bid on future auctions with the City. In addition, the City reserves the right to block any Bidder from participating in any auctions by the City if he or she has defaulted on auctions with other public entities. The Bidder may be blocked by username, registered name, registered email address, or IP address. A blocked Bidder will not be allowed to bid on, pay for, or pickup any auctioned item.
10. DISCLAIMER OF ALL WARRANTIES: ALL AUCTIONED ITEMS ARE OFFERED FOR SALE AND ACCEPTED BY THE BIDDER IN AN "AS IS" AND "WHERE IS" CONDITION. THE CITY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY BASED ON A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE. Some or all of the auctioned items may have been declared unsafe in their present condition by a federal or state safety standard. The Purchaser should inspect and, if necessary, repair or test all auctioned items prior to any use.
11. DISPUTES: Any dispute concerning an auction item, which is not disposed of by agreement between the City and Bidder shall be decided by the City's Purchasing & Contracts Manager, who shall reduce his or her decision to writing and mail or otherwise forward a copy thereof to the Bidder within thirty (30) days. The decision of the Purchasing and Contracts Manager shall be final and conclusive within 90 calendar days of the date of the final written decision unless the Bidder institutes legal action as provided in the Nevada Revised Statues. A Bidder may not institute legal action, prior to receipt of the City's decision on the claim, unless the City fails to render such decision within the time specified.
12. ELIGIBILITY: Each Bidder must be a minimum of twenty-one (21) years old and legally capable of forming a binding contract as a Bidder in an auction.
13. FAILURE TO PERFORM: In the event the Bidder fails to make payment as required under Section 20 below, or fails to remove the auctioned item, the Bidder forfeits all right, title, and interest which he or she might otherwise have acquired in and to the auctioned item.
14. INDEMNIFICATION: Each Bidder, who is awarded the sale of an auctioned item, agrees to defend, indemnify and hold the City, its officers and employees, harmless from any and all damages, demands, claims, or other liability of any nature or kind in the sale of, or the Bidder's use of, the auctioned item. The Bidder, its predecessors, successors and assigns hereby releases, relinquishes and discharges the City, its officers and employees, (collectively the "Released Parties") from any liability arising out of the sale, or Buyer's use of, the auctioned item including any injury, including death or damage to persons or property, where such damage is sustained in connection with, or arising out of, the sale or use of the auctioned item.
15. INSPECTION: The Bidder assumes responsibility to determine the physical condition of the auctioned item. Most items offered for sale are used, and may contain defects not immediately detectable. The City may offer the auctioned item for inspection, provided, however, that if such inspection is permitted by the City, the inspection will be by appointment only. Prospective Bidders will not be allowed to modify, destructively test or disassemble any item featured in an auction.
16. LATE BIDS: Any bid received by PublicSurplus.com after the exact time specified on-line for receipt of the bid is considered a late bid. A late bid will not be considered for award.
17. LIABILITY: Each item is offered for sale using the services and web site of the PublicSurplus.com acting as the on-line auction administrator. Under no circumstances will the City 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, (i) any use of the auction web site, or any other web site to which the site is linked, (ii) the content of such web sites, or (iii) 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. In case of malfunctions of hardware or software, the City reserves the right to cancel any sale, even if an award notification e-mail has been received. The City cannot and will not guarantee uninterrupted access to the auction system.
18. AUCTION LIABILITY AFTER AWARD: The Bidder assumes all liability for the auctioned item upon receipt of the Payment Receipt described in Section 20 below. The City will exercise normal care for the storage and protection of the auctioned item, up to the time for removal by the Bidder, but will not be responsible for any loss or damage whatsoever of the auctioned item.
19. WINNING E-MAIL NOTIFICATION: Each successful Bidder will receive by email the Winning E-Mail Notification from PublicSurplus.com for the auctioned item purchased by the Bidder.
20. PAYMENT: PayMac. A third-party payment processing company, collects all payments for the City. Payment for an auctioned item must be received within five (5) business days of receipt of the Winning E-Mail Notification by e-mail to the Bidder. Payment shall be made online by credit card, or manually with cashier's check, money order, certified check or wire transfer.
Payment by Credit Card: If the Bidder chooses to pay with a credit card, the Bidder must (i) log into the payment site at www.PublicSurplus.com, (ii) click on "My Stuff" and then click on "Past Bids," (iii) click on the description of the auction, (iv) click on "Pay Online" located on the right hand side of the screen, and (v) follow the steps to complete the transaction. A receipt will be sent to the Bidder via email once the payment has cleared. All major credit cards, PayPal, and electronic checks are accepted.
The credit card limit per transaction is four thousand dollars ($4,000.00). For payments larger than this amount, the Bidder must follow the instructions listed under Manual Payment.
Partial Payments: There will be no partial payments allowed for an auctioned item. All auctions must be paid in full per payment process used per auction. For example, the Bidder 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.
Manual Payment: For payments exceeding Four Thousand Dollars ($4,000.00), and any other non-credit card payments, follow the instructions below.
Payment, along with a copy of the Winning E-Mail Notification, must be sent to The Public Group at one of the following addresses:
Mailing Address
Public
Surplus, LLC
PO Box 531564
Henderson, NV 89053
Courier Address (FedEx, DHL, or UPS ONLY)
Public
Surplus LLC
2520 St Rose Pkwy, Suite 214
Henderson, NV
89074
NOTE: Each check must be made payable to The Public Group and marked with the Auction number(s). Accepted forms of payment are certified check, cashiers check, money order, or wire transfer.
To execute a wire transfer, contact The Public Group's buyer support hot line at 801-932-7000. Once payment is received, the same instructions apply as with manual payment.
The Public Group will notify the Bidder via email upon receipt of the payment. The Bidder may then contact the City and arrange for a mutually convenient pick up time for the auctioned item. The Auction payment receipt issued by the public group via email must be presented to the City, or the auctioned item will not be released to the Bidder.
21. PRIVACY: The City gathers information from each Bidder for the purpose of properly identifying who won the sale of an auctioned item. Personal information of the Bidder is not sold rented or released to third parties. Personal information is used for the purpose of conducting online auctions and not used for any other purpose.
22. RECEIPT OF BID: The Bidder hereby acknowledges that the submitted bid is an offer to purchase the auctioned item, whose written acceptance by the City, which will be communicated pursuant to the Winning E-Mail Notification e-mailed from Public Surplus.com, shall constitute a binding contract between the Bidder and the City subject to these Terms and Conditions.
23. REMOVAL: Each auctioned item must be removed within 10 business days from the time and date that the Winning E-Mail Notification is emailed to the Bidder. No auctioned item may be removed by the Bidder prior to making full payment as provided in Section 20. Each successful Bidder is responsible for the loading and removal of the auctioned item from the place where the auctioned item is located, which location will be indicated on the website and in the Winning E-Mail Notification. The Bidder will make all arrangements and perform all work necessary, including packing, for the loading and transportation of the auctioned item. Under no circumstances will the City assume responsibility for packing, loading or shipping. Unless otherwise directed by the City in writing, the auctioned item may be removed during normal business hours in effect for the pickup location, Monday through Friday, excluding legal holidays.
ALL AUCTIONED ITEMS, MUST BE REMOVED BY THE SUCCESSFUL BIDDER WITH NO DEBRIS LEFT AT THE PICKUP LOCATION. ANY BIDDER WHO FAILS TO REMOVE THE AUCTIONED ITEMS WITHIN TIME SPECIFIED HEREIN MAY NOT BE ALLOWED TO BID ON FUTURE AUCTIONS. BIDDER SHALL BE RESPONSIBLE FOR ANY DAMAGE OR COST INCURRED BY THE CITY AS A RESULT OF THE BIDDER'S REMOVAL OF THE AUCTIONED ITEM.
ANY BIDDER WHO REMITS PAYMENT BUT FAILS TO REMOVE THE AUCTIONED ITEM WITHIN THE TIME SPECIFIED HEREIN MAY NOT BE ISSUED A REFUND OF SUCH PAYMENT, AND THE AUCTION ITEM(S) MAY BE OFFERED FOR SALE AT A FUTURE AUCTION.
24. RISK OF LOSS: In the event the auctioned item is damaged or destroyed subsequent to sale and prior to removal, any payment made for the auctioned item will be refunded to the Bidder.
25. VEHICLE TITLES: The City will issue a title or certificate upon receipt of payment. Titles may be subject to any restrictions as indicated in the auctioned item's description on the website. Open titles cannot be issued. The City will not issue replacement titles. All emission control or smog related repairs and certifications for vehicles are the sole responsibility of the Bidder.
26. VENUE: The laws of the State of Nevada shall govern any contract, and the venue for purposes of litigation or arbitration shall be in the City of Las Vegas.
27. WITHDRAWAL OF ITEMS: The City reserves the right to withdraw any item offered for sale at any time prior to the end of the auction.