Redding Area Bus Authority
TERMS AND CONDITIONS OF ONLINE SALES
Guarantee Waiver. The Property is sold and conveyed "AS IS, WHERE IS, WITH ALL FAULTS" AND WITHOUT REPRESENTATION OR WARRANTY. The description of surplus property offered for sale has been compiled from available data, but there is no guarantee or warranty on the part of Redding Area Bus Authority as to condition or quality of surplus property. THE Redding Area Bus Authority, AS SELLER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PURPOSE, AND NEITHER ASSUMES NOR AUTHORIZES OTHER PERSON(S) TO ASSUME FOR IT, ANY LIABILITY IN CONNECTION WITH THE SALE OF THESE GOODS. The Redding Area Bus Authority is not responsible for any omissions or errors in the description of the property offered for sale. There is no warranty of vehicle odometer readings.
Items are offered for sale using the services and Web site of Public Surplus, LLC (www.publicsurplus.com). Under no circumstances will the Redding Area Bus Authority be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages or losses based on or caused by any use of the auction web site or any other web site to which the site is linked, the content of such web sites, or any viruses or other harmful components derived from any such web sites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information, even if the Redding Area Bus Authority has been specifically advised of the possibility of such damages or losses.
Consideration of Bid. Redding Area Bus Authority reserves the right to withdraw any items from the sale, up until the time the sale is awarded. The Redding Area Bus Authority 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 Redding Area Bus Authority 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 Redding Area Bus Authority of the offer to purchase any or all of the items described therein shall constitute a contract between the bidder and the Redding Area Bus Authority.
Notice of Award. Notification will be provided by Public Surplus, LLC via e-mail to the successful bidder.
Payment. PayMac, a third-party payment processing company, receives all payments for Redding Area Bus Authority. 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 note that the credit card limit per transaction is $4,000.00. For payments larger than this amount, a Wire Transfer must be used.
Buyer Premium. A Buyers Premium of 10.5% will be added to the final sale price, with a $1 minimum charge per auction for payment collections. This premium will be visible during the bidding process and added to the total bid.
Bid Deposit. The Redding Area Bus Authority may require a bid deposit to ensure fairness and equity to all buyers. 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 the winning bidder defaults.
The Redding Area Bus Authority will transact the sale ONLY with the individual buyer registered with Public Surplus. The registered buyer cannot assign the sale to another individual.
Payment. No refunds or adjustments will be made on any award(s). Successful bidder will be required to remit payment within five (5) working days from auction end, and remove property within ten (10) working days from auction end.
Vehicles not picked up within ten (10) working days from auction end will be subject to towing and storage fees. All other items not picked up within ten (10) working days from auction end are forfeited by the bidder, and no refund will be given.
Taxes. Redding Area Bus Authority sales tax shall be added to all non-DMV registered purchases made, unless the Buyer provides a valid tax-exempt certificate to Redding Area Bus Authority prior to payment. If applicable, the sales tax will be visible during the bidding process and will be included in the payment specified. For DMV registered equipment purchases, buyer will pay sales tax to the Department of Motor Vehicles upon registration of the equipment.
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 by appointment only.
Removal. No removal or shipping service of any kind will be furnished by Redding Area Bus Authority. Successful bidders are responsible for packing, loading, removing and transporting of all property awarded to them. Successful bidder will be directed to storage location upon receipt of payment. No property may be removed by the purchaser prior to making full payment. Pick-up hours are by appointment only. Bidder will be required to show identification and receipt for payment at the time property is picked up.
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.
Liability After Award. The purchaser shall assume all liability for the property and risk of loss passes to buyer after the award is made. The Redding Area Bus Authority will exercise its normal care for protection up to the time for removal, but will not be responsible for any loss or damage whatsoever.
Vehicles Sales. Upon receipt of payment, Redding Area Bus Authority will provide the buyer with the vehicle title and the California Department of Motor Vehicles Vehicle/Vessel Transfer and Reassignment Form. Titles may be subject to any restrictions as indicated in the item description on the website. Redding Area Bus Authority will not issue replacement titles. Vehicles not picked up within ten (10) working days from auction end will be subject to towing and storage fees. Buyer is responsible for following all Department of Motor Vehicle regulations for the transfer of vehicle title and registration.
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, Redding Area Bus Authority may exercise such rights and may pursue such remedies as are provided by law. If the purchaser is in default, the surplus property purchased may be promptly re-sold in such manner as the Redding Area Bus Authority may elect.
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.
Applicable Law; Venue. Any action filed regarding the award of the surplus property must be filed with the Superior Court of the County of Shasta, California. Any subsequent agreement shall be deemed to have been entered into in Redding, California; all questions of the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to the agreement shall be governed by California law; and any action brought by either party to enforce any of the terms of the agreement shall be filed with the Superior Court of the County of Shasta, California.