Terms and Conditions
ONLINE SALES - TERMS AND CONDITIONS
Guarantee Waiver: All property is offered for sale "as-is, where-is." The County of Burleigh 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: The County of Burleigh 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 County of Burleigh confirms
that the property does not conform to the description, the County of Burleigh will keep the
property and refund any money paid. The
liability of the County of Burleigh 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 County of Burleigh 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 the PublicSurplus.com.
Payment: Payment for an awarded item must be made
directly to the County of Burleigh and must be received within 10 business days
of close of auction. Payments will be accepted by regular mail or in-person. Acceptable
forms of payment are cashier's check, money order or wire transfer. Mailed
payments must be received within the above mentioned time period and mailed to:
County of
Burleigh
8100 43rd
Ave NE
Bismarck, ND
58503
Bid Deposits: The County of Burleigh may require bid deposits in order to ensure fairness and equity to
all buyers as a way to decrease default bidding. The deposit will be reversed
if no default occurs or the bidder does not win the auction. Public Surplus
will collect and retain the deposit if there is a default by the winning
bidder.
Removal: Buyer must remove auction item(s) within 5 business days of notification by County of Burleigh of receipt of payment, and within 15 business days from the time and date of issuance of the Notice of Award. Successful bidders are responsible for loading and removal of any and 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 will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will the County of Burleigh assume responsibility for packing, loading or shipping. Property may be removed between the hours of 9am and 4pm, Monday through Friday, excluding legal holidays or by appointment. For additional information, please contact County of Burleigh, (701) 204-7748.
Vehicle Titles: The County of Burleigh 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 County of Burleigh will not issue replacement titles. The Buyer must transfer title immediately.
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 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 County of Burleigh 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 they have read, fully understand and accept these Terms and Conditions of Online Sales, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified.