The City of Seymour ONLINE SALES TERMS AND CONDITIONS
Contract. An award of sale is a contract between the winning bidder and The City of Seymour upon the terms and conditions set forth herein. The City of Seymour 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. The City of Seymour 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 inspect and, if necessary, repair/test all items prior to any use. 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.
Description Warranty. The City of Seymour 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 The City of Seymour confirms that the property does not conform to the description, The City of Seymour will keep the property and refund any money paid. The liability of The City of Seymour 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. The City of Seymour 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 delivered.
Reserve Requirement. If there is a reserve requirement and the reserve price is not met by the close of bidding, The City of Seymour 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 The City of Seymour 's discretion.
Notice of Award. Successful bidders will receive a Notice of Award by email from PublicSurplus.com
Payment. 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. Payment must be made at the location listed in the Notice of Award.
Pick-Up and Third Party Pick-Up Procedures.
Upon receipt of payment, You will be notified by email sent to the address You provided at registration with Publicsurplus.com. You may then contact The City of Seymour and arrange for a mutually convenient pick-up time between 8:30am and 3:30pm Monday through Friday. You must bring to the pick-up location (1) the Notice of Award, (2) the Paid Receipt and (3) personal picture identification (such as a Driver 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 picture identification. In addition, you must arrange for the winning bidder to send an e-mail from the winning bidder e-mail address used for the auction, stating that you are authorized to pick-up the item.
Shipping. We cannot ship any item(s). However, you may contact a local carrier of your choice to pick-up, package, and ship your item(s) for you. It will be your responsibility to follow the Third-Party Pick-Up Procedures above to ensure that your item is released.
Bid Deposits. The City of Seymour 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.
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.
Removal. Buyer must remove auction item(s) from the agency 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 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 The City of Seymour assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse The City of Seymour for any damage to The City of Seymour's property caused by Buyer's or Buyer Agent's removal of auction item(s) from the premises. No maintenance may be performed on The City of Seymour property. For additional information, please contact Greg O'Brien at (812)522-1234 email gobrien@seymourpd.com
Abandonment of Item. Auction items paid for but not picked up within the specified time will not be stored, unless other arrangements have been made. At the expiration of the 10 business days, the item will be deemed abandoned and may be auctioned again. The City of Seymour will not reimburse the payment to the winning bidder on abandoned property.
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, The City of Seymour will refund any money paid. The liability of The City of Seymour shall not exceed the actual purchase price of the property.
Vehicle Titles. The City of Seymour 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. The City of Seymour 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, The City of Seymour 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 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.