ONLINE SALES - TERMS AND CONDITIONS
Guarantee Waiver. All property is offered for sale "as-is, where-is." County of Kern 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, including, but not limited to, special, direct, indirect, or consequential.
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, County of Kern 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 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.
Description Warranty. County of Kern 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 County of Kern confirms that the property does not conform to the description, County of Kern will keep the property and refund any money paid. The liability of County of Kern shall not exceed the actual purchase price of the property. Please note that upon removal of the property, all sales are final.
Indemnification. Bidder agrees to indemnify, defend and hold harmless County and County's agents, board members, elected and appointed officials and officers, employees, volunteers and authorized representatives from any and all losses, liabilities, charges, damages, claims, liens, causes of action, awards, judgments, costs, and expenses (including, but not limited to, reasonable attorneys' fees of County Counsel and counsel retained by County, expert fees, costs of staff time, and investigation costs) of whatever kind or nature, which arise out of or are in any way connected with any act or omission of Bidder or Bidder's officers, agents, employees, independent contractors, sub-contractors of any tier, or authorized representatives. Without limiting the generality of the foregoing, the same shall include bodily and personal injury or death to any person or persons; damage to any property, regardless of where located, including the property of County; and any workers' compensation claim or suit arising from or connected with any act or omission of Bidder.
Insurance. Proof of insurance in amounts and coverages may be required by the County before you are able to pick up/remove items awarded to you. If insurance is a requirement in order to submit a bid, the successful bidder shall obtain and provide proof of insurance to the County.
The County of Kern will state on the general description of the Auction if insurance will be a requirement for pickup of items on the auction and the amount of insurance required. Awarded bidder will have seven (7) business days from award to provide the required insurance certificates and additional insured endorsement to the County, if required. The County of Kern will be the sole judge in making this determination. Upon confirmation of proof of the required insurance, the Purchasing agent will give the final approval for pickup of the awarded items to the winning bidder.
Bidder, in order to protect County and its board members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of bidder actions in connection with the performance of Bidder's obligations, as required in this Agreement, may be required to secure and maintain insurance as described below. Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Bidder shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon. Bidder shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Bidder or County as an additional insured.
A. Workers' Compensation and Employers Liability Insurance Requirement - In the event Bidder has employees who may perform any services on Kern County owned or leased property, Bidder shall submit written proof that Bidder is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.
Bidder shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease.
B. Liability Insurance Requirements:
(1) Bidder shall maintain in full force and effect, at all times that Bidder is on Kern County owned or leased property, the following insurance:
(a) Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the County), Personal Injury (including bodily injury and death), and Property Damage for liability arising out of actions or negligence on the part of Bidder or Bidder's employees, agents or representatives. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. The amount of said insurance coverage required will be indicated in the general description of the item being auctioned.
(b) Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used while on Kern County owned or leased property. The amount of said insurance coverage required will be indicated in the general description of the item being auctioned.
(2) The Commercial General Liability Insurance, if required, shall include an endorsement naming the County of Kern and County's board members, officials, officers, agents and employees as additional insureds for liability arising out of this purchase. Said endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 11 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 11 85.
(3) Any self-insured retentions in excess of $100,000 must be declared on the Certificate of Insurance or other documentation provided to Kern County and must be approved by the County Risk Manager.
(4) If any of the insurance coverages required under this Agreement is written on a claims-made basis, Contractor, at Contractor's option, shall either (i) maintain said coverage for at least three (3) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than three (3) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.
C. All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII. Any exception to these requirements must be approved by the County Risk Manager.
D. If Bidder is, self-insured or a member of a self-insurance pool, Bidder shall provide coverage equivalent to the insurance coverages and endorsements required above. The County will not accept such coverage unless the County determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Bidder is equivalent to the above-required coverages.
E. All insurance afforded by Bidder shall be primary to and not contributing to all insurance or self-insurance maintained by the County. An endorsement shall be provided on all policies which shall waive any right of recovery (waiver of subrogation) against the County.
F. Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Bidder for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the County from taking such other actions as are available to it under any other provision of these Terms and Conditions or otherwise in law.
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. County of Kern 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 PublicSurplus.com. Subsequent to the payment confirmation the County will contact you with any requirements prior to issuing a Notice to Proceed.
Payment. PayMac, a third-party payment processing company, receives all payments for County of Kern. 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 follow the instructions below. The credit card limit per transaction is $4,000.00. For payments larger than this amount, follow the instructions listed under Wire Transfers.
Payment by Credit Card
Login to the Public Surplus site. Click on "My Stuff" and then click on "Past Bids". Click on the description of the auction and then click on "Pay Online" link located on the right hand side of the screen. Follow the steps to complete the transaction. A receipt will be emailed to you once the payment has cleared.
Partial Payment
There will be NO partial payments allowed for an auction. All auctions must be paid in full according to the specified payment process. For example, you WILL NOT be able to pay partially for an auction by Credit Card and pay the remainder by another payment method, such as a wire transfer.
Wire Transfers:
For payments over $4,000.00, a wire transfer is required. If you need to do a wire transfer, please email support at buyersupport@publicsurplus.com asking for wire instructions or request the instructions via live chat. These instructions will be emailed to you. Please follow them exactly to allow for prompt payment.
Pick-Up Procedures
You will be notified upon receipt of payment. The County will contact you with a Notice to Proceed, at which time you will then be required to provide the insurance certificates and endorsements (if applicable) and arrange for a mutually convenient pick-up time.
You must bring the following items to the pick-up location
(1) the Notice of Award,
(2) the Paid Receipt,
(3) personal photo identification (such as a Driver's License), and
(4) the Notice to Proceed.
Note: Kern County will not release items without a Notice to Proceed issued by the Purchasing Agent.
You must present all four identification items at the scheduled pick-up, or the auction item(s) will not be released to you.
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 identification. In addition, you must arrange for the winning bidder to send an e-mail from the winning bidder's e-mail address used for the auction stating that you are authorized to pick-up the item.
Bid Deposits. County of Kern 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.
Buyers Premium: A Buyers Premium of 10% 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. County of Kern does require sales tax to be collected. The applicable sales tax rate will be the rate in effect for Kern County on the date of purchase. If Buyer is a tax-exempt entity they must provide a valid tax-exempt certificate to County of Kern prior to payment. If applicable, the sales tax will be visible during the bidding process and will be included in the payment specified.
Removal. Upon receipt of County's Notice to Proceed, 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 to Proceed. If the Buyer, after making payment for an item, fails to remove the item within the specified time, Kern County 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 of 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 County of Kern assume responsibility for packing, loading or transporting. For additional information, please contact Leticia Rojo, (661) 868-3037, rojol@co.kern.ca.us.
Vehicle Titles. County of Kern 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. County of Kern will not issue replacement titles.