Terms and Conditions
City of Norfolk, Virginia
The buyers who participate in the auction can log onto the auction website at anytime within the duration of the auction period and competitively bid against one another for City of Norfolk surplus. Buyers will mask their identities with "User IDs" and will be able to view the bids of their competitors and respond with counter bids in a quest to be the highest bidder and secure the surplus material. Buyers may only enter a particular auction using one User ID.
The City of Norfolk reserves the right to award surplus material to more than one Buyer.
Award will be made to the highest responsive, responsible bidder. Notification will be provided by Public Surplus via e-mail to the selected bidder. If the buyer notified of award does not pick up the materials in a timely manner, in accordance with the auction terms and conditions, the City of Norfolk will make the selection of the next highest bidder and provide notification. Unless otherwise stated for a particular auction, surplus material will be awarded by the unit of issue to the highest bidder until all quantities have been sold. (For example, if the unit of issue is per box, award will be made to the highest bidder(s), per box.) The highest bidder will be awarded the quantities for which it has bid.
The property is offered "As is, where is" with no express or implied warranties. Most of the property is used. The stated condition of the property is solely an opinion of the City of Norfolk. The City of Norfolk makes no warranties or guarantees, expressed or implied, as to the condition, merchantability, or quality of the items offered for sale or fitness for particular purpose or use in general. The Buyer is not entitled to any payment of loss of profit or any other money damages - special, direct, indirect, or consequential. Under no circumstance will a refund or adjustment be made to the Buyer due to the property failing to meet Buyer's expectations. There is no guarantee or warranty on the part of the City of Norfolk that the property offered, or a portion thereof, may not be withdrawn prior to the sale. The City of Norfolk reserves the right to reject any and all bids and to withdraw from sale any of the items listed.
City of Norfolk 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 Norfolk confirms that the property does not conform to the description, City of Norfolk will keep the property and refund any money paid. The liability of City of Norfolk shall not exceed the actual purchase price of the property. Please note that upon removal of the property, all sales are final.
Under no circumstances will the City of Norfolk be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages or losses based on or caused by any use of the auction web site or any other web site to which the site is linked, the content of such web sites, or any viruses or other harmful components derived from any such web sites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information, even if City of Norfolk has been specifically advised of the possibility of such damages or losses. Links to other Web sites or Internet locations from this Web site have been provided for your convenience only. The City of Norfolk does not endorse, sponsor, or approve any of the content of such Web sites or locations. The City of Norfolk has no control over any of the Web sites or other Internet locations that you may access through this Web site, and is not responsible for the content or accuracy of the content of any such Web sites or locations. If you access any other Web site or Internet locations through this Web site, you do so at your own risk.
Except as stated herein, no service of any kind will be furnished by the City of Norfolk, and the buyer shall assume any cost of removing property from the City of Norfolk site.
Most items offered for sale are used and may contain defects not immediately detectable. Bidders may inspect the property prior to bidding by contacting the City of Norfolk's contact the person listed to schedule an inspection. Bidders must adhere to the inspection dates and times indicated in the item description.
Items are offered for sale using the services and Web site of Public Surplus, (www.publicsurplus.com). Under no circumstances will the City of Norfolk be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages or losses based on or caused by any use of the auction web site or any other web site to which the site is linked, the content of such web sites, or any viruses or other harmful components derived from any such web sites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information, even if the City of Norfolk has been specifically advised of the possibility of such damages or losses. Links to other Web sites or Internet locations from this Web site have been provided for your convenience only. The City of Norfolk does not endorse, sponsor, or approve any of the content of such Web sites or locations. The City of Norfolk has no control over any of the Web sites or other Internet locations that you may access through this Web site, and is not responsible for the content or accuracy of the content of any such Web sites or locations. If you access any other Web site or Internet locations through this Web site, you do so at your own risk.
All bids must be submitted in accordance with the procedures established by the City of Norfolk and Public Surplus. Bids submitted in any other manner (i.e.: verbal, telephone, fax, e-mail, courier or mail, etc.) will not be accepted.
No City of Norfolk surplus property may be sold to any employee of the City of Norfolk or any of its Boards, Commissions, or Authorities.
The bidder certifies by entering his bid price that his bid is made without prior understanding, agreement or accord with another person submitting a bid for the same item and that this bid is in all respects a bona fide, fair bid and not the result of any act of fraud or collusion with another person. Any false statement hereunder constitutes a felony and can result in a fine or imprisonment, as well as civil damages.
Bid(s) shall remain firm for a minimum of ten (10) business days following the close of the auction. Bidders shall not have the right to withdraw a bid prior to the conclusion of the ten (10) business day period.
Each bid is received with the understanding that the acceptance by the City of Norfolk of the offer to purchase any or all of the items described therein shall constitute a contract between the bidder and the City of Norfolk.
PayMac, a third-party processing company, collects all payments for City of Norfolk. Payment for an awarded item must be received within 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 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 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. 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. Public Surplus will notify the Buyer upon receipt of payment. The Buyer may then contact the responsible party listed for that item and arrange for a mutually convenient pick up time. The Buyer must bring the "Notice of Award" with the "Paid Receipt" and personal identification such as a Drivers License or DMV ID to the pick up location. The person releasing the item will require the Buyer to show all three documents. The Buyer must present these forms of identification at the scheduled pick up or the auction item(s) will not be released. If you are picking up an item for someone else, you will need to bring the receipt, (photo copies are acceptable), plus a note from the designated "winning bidder" specifically naming you as their authorized representative, along with your own ID.
City of Norfolk 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.
A Buyers Premium may 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 payment to Public Surplus.
The buyer guarantees to hold the City of Norfolk, its agents or employees, harmless from liability of any nature or kind in the sale or of the buyer's use of the property.
Direct contact with the City of Norfolk employees, other than the employees of the school division's Storehouse or Purchasing staff, on the subject of this bid is expressly forbidden except with the foreknowledge and permission of the City of Norfolk Purchasing Agent or his / her designated representative.
Any contract resulting from this auction shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The buyer shall comply with applicable federal, state and local laws and regulations.
22. State/Local Sales and/or Use Tax. City of Norfolk may collect sales tax, unless the buyer has provided a valid tax-exempt certificate to City of Norfolk prior to payment. If applicable the sales tax will be visible during the bidding process and will be included in your payment to Public Surplus.
23. Removal. Buyer must remove auction item(s) from said agencies premises within 5 business days of notification by Public Surplus of receipt of payment, and within 10 business days from 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 any and all payments; and (2) to dispose of the item as deemed desirable by the agency. Successful bidders are responsible for loading and removal and any and 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 will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will City of Norfolk assume responsibility for packing, loading or shipping. Property may be removed between the hours of 8am and 5pm, Monday through Friday, excluding city holidays. For additional information, please contact Angela Bright, angela.bright@norfolk.gov.
24. Vehicle Titles. City of Norfolk 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. City of Norfolk will not issue replacement titles.
25. 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 Norfolk may exercise such rights and may pursue such remedies as are provided by law.
26. 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.