SPOKANE COUNTY ONLINE SALES TERMS AND CONDITIONS
Contract. An
award of sale is a contract between the winning bidder and Spokane
County upon the terms and conditions set forth herein. Spokane County
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. Spokane County
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. Spokane County 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. Spokane County 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.
Indemnification.
Bidder agrees for and on behalf of bidder, bidder's heirs, successors
and assigns that bidder shall indemnify and hold Spokane County
harmless from and against any claim, demand or cause of action
arising or alleged to have arisen out of the sale or failure to sell
any item of surplus property including claims for personal or bodily
injury, death or contract damages.
Consideration of Bid.
Spokane County 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,
Spokane County 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 Spokane County'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 Spokane County. 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
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
the My Stuff link and then click on the Past Bids link. Click on the
description of the auction and then click on the 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 partially pay for an auction by Credit Card and
pay the remainder by another payment method, such as a wire transfer.
All credit card payments must be made using a single credit
card.
Wire Transfers
For payents over $4,000.00, a
Wire Transfer is required. If you need to do a wire transfer, please
email support at buyersupport@publicsurplus.com and ask for wire
instructions or request the instructions via live chat. These
instructions will be emailed to you. Please follow them exactly to
ensure prompt payment.
Pick-Up and Third Party Pick-Up
Procedures
1. 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 Spokane County 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. Spokane County 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% 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.
Spokane County may collect sales tax, unless the Buyer has provided a
valid tax-exempt certificate to Spokane County prior to payment. If
applicable, the sales tax will be visible during the bidding process
and will be included in the payment specified.
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 Spokane County assume responsibility for packing,
loading or transporting auction item(s). Buyer shall be liable to and
reimburse Spokane County for any damage to Spokane County’s
property caused by Buyer’s or Buyer Agent’s removal of
auction item(s) from the premises. No maintenance may be performed on
Spokane County property. - For additional information regarding
removal, refer to auction item listing.
Abandonment of
Item. Auction items paid for but not picked up within the specified
time will be stored for 15 days from the last date of available
pickup. Spokane County will charge a storage fee per day during this
time, which must be paid by Buyer before the item will be released.
At the expiration of the 15 day period, the item will be deemed
abandoned and may be auctioned again to pay the storage fee. Any
amount received in excess of the storage fee will be retained by
Spokane County 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 buyerÕs agent or employee, Spokane County will
refund any money paid. The liability of Spokane County shall not
exceed the actual purchase price of the property.
Vehicle
Titles. Spokane County 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.
Spokane County 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, Spokane
County may retain Buyer’s bid deposit and 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.
*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT
NOTICE*