CITY OF AGOURA HILLS ONLINE SALES TERMS AND CONDITIONS
Contract. An award of sale is a contract between the winning bidder and City of Agoura Hills ("City" sometimes herein) upon the terms and conditions set forth herein. City of Agoura Hills may pursue all legal remedies allowed by law against any bidder who fails to make payment for a winning bid.
Guarantee Waiver. All property is offered for sale as-is, where-is. City of Agoura Hills EXPRESSLY DISCLAIMS, AND makes no warranty, guaranty or representation of any kind, expressed or implied, as to the condition, usability, value, merchantability, authenticity, or fitness for any purpose of the property offered for sale. Some or all items may have been declared unsafe in their present condition by a federal or state safety standard. Buyers should CAREFULLY inspect all items prior to any purchase or use, AND HAVE BEEN PROVIDED THAT OPPORTUNITY. Buyer is not entitled to any payment for loss of profit or any other money damages, including but not limited to special, direct, indirect, or consequential damages THAT IN ANY WAY OR MANNER ARISE OUT OF BUYER'S PURCHASE OF PROPERTY AT AUCTION, even if the city has been advised of such risk to the buyer. EACH BUYER EXPRESSLY ASSUMES ANY AND ALL RISKS INHERENT IN THE PURCHASE OF AS-IS, WHERE IS, PROPERTY AT AUCTION, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
No Description Warranty. City of Agoura Hills is not responsible for any omissions or errors in any description of items being offered for sale. It shall be the bidder's responsibility to inspect and satisfy him or herself as to the details and condition of the item offered before entering a bid. The City does not attest to the authenticity of any item offered for sale.
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. Whether or not an item for sale is inspected by the bidder, the bidder assumes all risks, including but not limited to, all risk of damage or injury resulting from hidden or unhidden defects or dangers, inherent in the purchase of property at auction, to the maximum extent permitted by law.
Consideration of Bid. City of Agoura Hills reserves the right to reject any and all bids and to withdraw from sale any of the items listed before a Notice of Award is emailed to the bidder. The City reserves the right to set a minimum bid, award by item, groups of items, or total bid; to reject any and all bids or portions thereof and to make awards, if in its judgment, the best interests of the City will be served. For goods sold in "lot", no "partial" sales will be considered. Each bid is received with the understanding that the acceptance by the City of the offer to purchase any or all of the items described therein shall constitute a contract between the bidder and the City
Reserve Requirement. If there is a reserve requirement and the reserve price is not met by the close of bidding, City of Agoura Hills reserves the right to sell the auction item to the next highest bidder, relist the item for auction, or otherwise dispose of the item at City of Agoura Hills 's discretion.
Notice of Award. Successful bidders will receive a Notice of Award by email from PublicSurplus.com
Payment. All payments must be made through PayMac, a third-party payment processing company that receives all payments for City of Agoura Hills. Payment for an awarded item must be received within five (5) business days after the date of the Notice of Award of the successful bid. ALL SALES ARE FINAL AND NO REFUNDS WILL BE PROVIDED.
Pick-Up Procedures. See the City of Agoura Hills "Auction Payment and Pick-Up Procedures".
Shipping. The City will not ship any item(s). However, bidders may contact a local carrier of their choice to pick-up, package, and ship the purchased item(s). It is each bidder's responsibility to follow the Third-Party Pick-Up Procedures to ensure that the purchased item is released.
Buyer Premium. A Buyer Premium of 10.5% will be added to the final sale price with a $1 minimum charge per auction to collect payment. 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 Agoura Hills will collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to City of Agoura Hills 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 City's premises within ten (10) business days after the date of emailing of the Notice of Award. If the buyer, after making payment for an item, fails to remove the item within the specified time, the City 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 all property awarded to them from the place where the property is located as indicated on the website and in the Notice of Award. Under no circumstances will the City of Agoura Hills assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and shall reimburse City of Agoura Hills for any damage to City of Agoura Hills's or any third party's property caused by buyer's or buyer's agent's removal of auction item(s) from the premises. No maintenance may be performed on City of Agoura Hills property. For additional information, please contact Louis Celaya at (818)597-7314 or email Icelaya@agourahillscity.gov or John ("JT") Treichler at (818) 597-7309 or jtreichler@agourahillscity.gov
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Risk of Loss. In the event an auction item is lost or destroyed after a notice of award has been sent but prior to removal, and to the extent such loss or destruction is not caused by the buyer, or buyer's agent or employee, City of Agoura Hills will refund any money paid. The liability of City of Agoura Hills shall not exceed the actual purchase price of the property.
Vehicle Titles. City of Agoura Hills 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 Agoura Hills will not issue replacement titles. Within five (5) business days from date of emailing of the Notice of Award, the successful bidder is required to remit payment and remove the vehicle by a tow vehicle from its present location, at the bidder's expense. Vehicles not removed by the deadline are subject to a storage fee of $50 per day for each calendar day delayed. Buyer is responsible for following all Department of Motor Vehicle regulations for the transfer of vehicle title and registration. Unless otherwise agreed upon in writing by City and buyer, vehicles not picked up within ten (10) days of the expiration of said five (5) business day period, shall be deemed abandoned by the buyer and shall be subject to resale by the City by any lawful means. All sums paid by the buyer shall be credited toward storage fees owed, and the balance, if any, shall be returned to the bidder, less forty percent (40%) to serve as reimbursement of a portion of City's administrative expenses.
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 the buyer's obligations, City of Agoura Hills may exercise such rights and 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 Online Sales Terms and Conditions , and agrees to pay for and remove the property, if the bid is accepted, by the dates and times specified.