ONLINE SALES - TERMS AND CONDITIONS
Guarantee Waiver. All property is offered for sale "as-is, where-is." City
of Batavia 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 Batavia 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 Batavia confirms that the property does not conform to the description,
City of Batavia will keep the property and refund any money paid. The liability
of City of Batavia 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 Batavia 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 City of Batavia. Payment for an awarded
item must be received within five (5) 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 "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 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's 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's e-mail address
used for the auction stating that you are authorized to pick-up
the item.
Bid Deposits. City
of Batavia 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 will 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.
State/Local Sales and/or Use Tax. City of Batavia may collect sales tax, unless the Buyer has provided a valid
tax-exempt certificate to City of Batavia prior to payment. If applicable, the sales tax will be visible
during the bidding process and will be included in the payment specified.
Removal. Buyer must remove auction item(s) from
the agency's 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. 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 Batavia assume responsibility for packing, loading or transporting. For
additional information, please contact Scott Haines, (630)
454-2421, shaines@bataviail.gov
Vehicle Titles. City
of Batavia 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 Batavia 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 Batavia 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.