AMERICAN CANYON FIRE PROTECTION DISTRICT
ONLINE SALES TERMS AND CONDITIONS
1. Contract
An award of sale constitutes a binding contract between the successful bidder and the American Canyon Fire Protection District ("District") under the terms and conditions set forth herein.
The District reserves the right to pursue all legal remedies available against any bidder who fails to complete payment or otherwise defaults.
2. Condition of Property - AS IS / WHERE IS
All property is offered for sale AS IS, WHERE IS, with all faults.
The District makes no warranty, guarantee, or representation, expressed or implied, regarding:
Condition
Usability
Value
Performance
Merchantability
Fitness for any purpose
Compliance with safety or regulatory standards
Some items may have been removed from service and may not be operational. Buyers are solely responsible for inspection, repair, certification, and compliance prior to use.
The District shall not be liable for any damages, including but not limited to direct, indirect, incidental, or consequential damages or loss of profit.
3. No Description Warranty
The
District is not responsible for errors or omissions in
descriptions.
It is the bidder's responsibility to verify
condition and suitability prior to bidding.
4. Inspection
Most
items are used and may contain defects not immediately
detectable.
Inspection is by appointment only and
strongly encouraged.
Failure to inspect does not relieve the bidder of responsibility.
5. Indemnification & Release of Liability
By submitting a bid, bidder agrees to indemnify, defend, and hold harmless the American Canyon Fire Protection District, its Board, officers, employees, and agents from any claims, damages, losses, or liabilities arising from:
Purchase
Possession
Transport
Operation
Use or resale of property
This includes claims for personal injury, death, or property damage.
6. Consideration of Bids
The District reserves the right to:
Reject any or all bids
Withdraw any item from sale
Cancel any sale prior to award
Relist or otherwise dispose of property
7. Reserve
If a reserve price is established and not met, the District may:
Offer to next highest bidder
Relist the item
Dispose of item at its discretion
8. Notice of Award
Successful bidders will receive a Notice of Award via PublicSurplus.com.
PAYMENT TERMS
9. Payment Requirements
PayMac Inc. processes all payments.
Payment must be received within five (5) business days of Notice of Award.
Accepted payment methods:
Credit Card
Wire Transfer
NO CASH, CHECKS, OR MONEY ORDERS ACCEPTED
No partial payments allowed.
Failure to remit payment within required timeframe may result in cancellation and resale.
10. Sales Tax
Applicable sales tax of 7.75% will be applied unless a valid tax-exempt certificate is provided prior to payment.
11. Buyer's Premium
A 10.5% Buyer's Premium (minimum $1.00) will be added to all sales.
12. Credit Card Limits
Credit
card limit per transaction: $4,000.
Amounts exceeding this
require wire transfer.
Wire instructions must be obtained through Public Surplus.
PICK-UP & REMOVAL
13. Scheduling Pick-Up
After payment confirmation, buyer must contact the District to schedule pick-up.
Appointments
are required.
Items will not be released without:
Notice of Award
Paid receipt
Valid photo identification
Third-party pick-ups require written authorization and ID.
14. Removal Deadline
Items must be removed within ten (10) business days of Notice of Award.
Failure to remove within timeframe may result in:
Forfeiture of payment
Resale of item
Suspension from future auctions
15. Loading & Transportation
Buyer is responsible for all:
Packing
Loading
Rigging
Transport
The District does not provide equipment or labor assistance.
Buyer is responsible for any damage to District property during removal.
No repairs or maintenance may be performed on District premises.
VEHICLES & FIRE APPARATUS
16. Operational Disclaimer
Vehicles and apparatus may have been removed from service and may require repair or certification prior to use.
The District makes no guarantee that any vehicle will:
Start
Operate
Pass smog
Pass pump test
Meet DOT/DMV/NFPA requirements
17. Title Transfer
Titles will be issued upon payment confirmation and pickup.
Buyer responsible for:
Registration
Insurance
Smog
Permits
Transport
Open titles will not be issued. No duplicate titles provided.
18. Shipping
The
District does not ship items.
Buyer must arrange transport.
19. Risk of Loss
If an item is lost or destroyed prior to pickup (not caused by buyer), District liability is limited to refund of purchase price only.
20. Default
Default includes:
Failure to pay
Failure to remove
Violation of terms
Default may result in:
Loss of deposit/payment
Cancellation of sale
Suspension from future auctions
Legal action
21. Acceptance of Terms
By placing a bid, bidder acknowledges they have read, understood, and accepted all terms and conditions.
22. Right to Modify
The District reserves the right to modify these terms at any time without notice.