ONLINE SALES - TERMS AND CONDITIONS
Guarantee Waiver. All property is offered for sale "as-is, where-is." Santa Cruz Port District 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 - special, direct, indirect, or consequential.
Description Warranty. Santa Cruz Port District 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 Santa Cruz Port District confirms that the property does not conform to the description, Santa Cruz Port District will keep the property and refund any money paid. The liability of Santa Cruz Port District shall not exceed the actual purchase price of the property. Please note that all sales are final upon removal of the property from the Santa Cruz Port District's premesis.
Indemnification. Buyers agree to indemnify and hold harmless Santa Cruz Port District "District" for any and all damages, claims or liability of any nature or kind in the sale of, or the buyer's use of, the property. The buyer, its predecessors, successors and assigns hereby release, relinquish and discharge the District, its former, present and future agents, employees, officers, officials and legal representatives (collectively known as the "District") from any liability arising out of the sale and/or concurrent negligence of the District for any injury, including death or damage to persons or property, where such damage is sustained in connection with, or arising out of, the sale of District-owned property.
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. Santa Cruz Port District 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, a third-party payment processing company, receives all payments for Santa Cruz Port District. 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
Log in 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
1. You will be notified upon receipt of payment. You may then contact the responsible party listed for the auction item at Santa Cruz Port District 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 identification (such as a Driver's 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 (photocopies 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. Santa Cruz Port District 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 Buyer's Premium will be added to the final sale price with a $1 minimum charge per auction to collect payment. If added, the premium will be visible during the bidding process and will be included in the payment required.
State/Local Sales and/or Use Tax. Santa Cruz Port District may collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to Santa Cruz Port District 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'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. 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 Santa Cruz Port District assume responsibility for storing items beyond 10 business days, or packing, loading or transporting items for Buyer. For additional information, please contact Marian Olin, (831) 475-6161, scpd@santacruzharbor.org
Vehicle Titles. Santa Cruz Port District 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. Santa Cruz Port District will not issue replacement titles.
Vehicle Sales. Santa Cruz Port District does not warrant conformity of vehicles to the requirements of the California Vehicle Code. Pursuant to California Vehicle Code 24007.5 notice is given that all buyers of vehicles must obtain a certificate of compliance for smog control devices prior to registration. The document certifies the vehicle complies with applicable Health and Safety Code requirements. Purchases by dealers and vehicles sold for dismantling or for exclusive off-highway use are exempt from this requirement.
Upon receipt of payment, Santa Cruz Port District 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. Santa Cruz Port District will not issue replacement titles. Buyer is responsible for following all Department of Motor Vehicle regulations for the transfer of vehicle title and registration. All smog-related repairs and certifications for vehicles, when applicable, are the sole responsibility of the buyer as outlined in California Vehicle Code, Division 12, Section 24007.5(g).
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, Santa Cruz Port District 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.