Deschutes Public Library ONLINE SALES TERMS AND CONDITIONS
Contract. An
award of sale is a contract between the winning bidder and the Deschutes
Public Library upon the terms and conditions set forth
herein. The Deschutes Public Library 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 Deschutes Public Library 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.
No
Description Warranty. The Deschutes Public Library is
not responsible for any omissions or errors in 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 conditions of the item offered
before entering a bid. The Agency does not attest to the authenticity of any
item.
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 Deschutes Public Library 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 Deschutes Public Library 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 Deschutes
Public Library's discretion.
Notice
of Award. Successful bidders will receive a Notice of Award by email from PublicSurplus.com
Payment. PayMac, a third-party payment processing company,
receives all payments for the Deschutes Public Library. 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.
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 Deschutes Public Library and
arrange for a mutually convenient pick-up time. 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 Deschutes Public Library 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 Deschutes Public Library assume
responsibility for packing, loading or transporting auction item(s). Buyer
shall be liable to and reimburse the Deschutes Public Library for
any damage to the Deschutes Public Library'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 Deschutes
Public Library property. For additional information, please
contact Robert Guzzo at (541) 312-1036 or email robertg@deschuteslibrary.org.
Abandonment
of Item. Auction items paid for but not picked up within the
specified time will be stored for 15 days from the end of the auction. At the
expiration of the 15 day period, the item will be
deemed abandoned and may be auctioned again to pay for any storage fee. Any
amount received in excess of the storage fee will be retained by the Deschutes
Public Library as payment for additional efforts to dispose of the item.
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 Deschutes
Public Library will refund any money paid. The liability of the Deschutes
Public Library shall not exceed the actual purchase price of the
property.
Vehicle
Titles. The Deschutes Public Library 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 Deschutes Public Library 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 Deschutes
Public Library 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.