Terms and Conditions
ONLINE SALES - TERMS AND CONDITIONS
Guarantee Waiver. All property is offered for sale (as-is, where-is). The City of Henderson makes no warranty, guarantee 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 City of Henderson 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 City of Henderson confirms that the property does not conform to the description, City of Henderson will keep the property and refund any money paid. The liability of City of Henderson 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. City of Henderson 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.
Payment. PayMac, Inc. collects all payments for City of Henderson. Payment for an awarded item must be received within five (5) business days of close of auction. Payment shall be made online by credit card, or wire transfer. 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 righthand side of the screen. Follow the steps to complete the transaction. A receipt will be emailed to you once the payment has cleared. We accept all major credit cards.
Partial Payment
There will be NO partial payments of an auction allowed. All auctions must be paid in full per payment process used per auction. 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. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED!
1. If you need to do a wire transfer please call 801-932-7000 and ask for buyers support to work out the details for this transaction.
2. Public Surplus will notify you upon receipt of payment. You may then contact the responsible party listed for that item and arrange for a mutually convenient pick up time. You will need to bring the payment receipt, or the auction item(s) will not be released to you.
3. If you are picking up an item for someone else, you will need all of the items listed in #2 (photo copies are acceptable) plus a note from the designated �winning bidder� specifically naming you as their authorized representative, along with your own ID.
Bid Deposits. City of Henderson 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.
Buyer�s Premium: A 11% Buyer Premium shall be added to the final sale price with a $1 minimum charge per auction to collect payment.
Removal. Buyer must remove auction item(s) from the City of Henderson�s premises within five (5) business days of notification by Public Surplus of receipt of payment, and within ten (10) business days from the time and date of issuance of the Notice of Award. Successful bidders are responsible for loading and removal of any auction items awarded to them from the place where the property is located as indicated on the website and in the Notice of Award. �Pick-ups must be scheduled at least one (1) City of Henderson business day in advance. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will City of Henderson assume responsibility for packing, loading or shipping. Property may be removed between the hours of 8am and 4pm, Monday through Thursday, excluding legal holidays. For additional information, please contact Brenda West, (702) 267-1720, Brenda.West@cityofhenderson.com.
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, City of Henderson 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.