CITY OF COMMERCE, CA
ONLINE SALES - TERMS AND
CONDITIONS
Guarantee Waiver
All property is offered
for sale as-is, where-is. City of Commerce, CA 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
City of
Commerce 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 Commerce
confirms that the property does not conform to the description, City
of Commerce will keep the property and refund any money paid. The
liability of City of Commerce 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 Commerce
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, collects all
payments for City of Commerce. 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 by 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.
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. You WILL NOT be able to pay
partially for an auction by credit card and pay the remainder by wire
transfer.
Credit Cards
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.
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 Buyer 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. 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 Ã
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.
2.
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.
Bid
Deposits. City of Commerce 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.
Buyers Premium: A 7% Buyer Premium will be added
to the final sale price with a $1 minimum charge per auction to
collect payment.
State/Local Sales and/or Use Tax. City of
Commerce will collect sales tax on non-vehicles if applicable, unless
the buyer has provided a valid tax-exempt certificate to City of
Commerce prior to payment.
Removal. All items must be
removed within 10 working 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 ten (10) business days, 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. Purchases will
be released only upon receipt of payment as specified. 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 Commerce assume responsibility for
packing, loading or shipping. Property may be removed between the
hours of 9am and 3pm, Monday through Friday, excluding legal
holidays. For additional information, please contact Mr. Ted
Villaganas or Roy Chavoya, (323) 722-4805,
purchasing@ci.commerce.ca.us
Vehicle Titles. City of
Commerce 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
Commerce 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 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
Commerce may exercise such rights and may pursue such remedies as are
provided by law. In addition, the City of Commerce reserves the right
to block bidders from participating in City auctions if they have
defaulted on auctions with other public entities. Bidders will be
blocked by username, registered name and registered email address.
Blocked bidders shall not be allowed to bid on, pay for, or pickup
any auction item.
BIDDER DISQUALIFICATION
The City
reserves the right to disqualify and block bidders submitting
frivolous bids. Bidders may also be disqualified from bidding due to
late payment, failure to remove sold item as directed, incomplete
and/or inaccurate registration information or any behavior deemed
disruptive to the auction process. Bid deposits will be forfeited
should the bidder default on a specified auction(s) due to
non-payment. If you have been blocked by 2 or more agencies, you may
be automatically blocked from bidding on our auctions.
Fair
Process: The online auctions are open to the general public. However
to maintain a fair process, City of Commerce employee(s), who make
recommendations to replace or discard the surplus equipment are
prohibited from bidding. Commerce employee(s) who are associated with
the auction process are also prohibited from bidding. City of
Commerce employees are prohibited from bidding during their work
hours. Buyer(s) must be of legal age to enter into a contract with
the City of Commerce.
Indemnification. Buyers agree to
indemnify and hold harmless City of Commerce 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 City of
Commerce, its former, present and future agents, employees, officers,
officials and legal representatives (collectively known as "the
City of Commerce") from any liability arising out of the sale
and/or concurrent negligence of the City of Commerce 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 City
of Commerce owned property.
BIDDING: Persons who are
under the age of 18 years are not eligible for bidding. If you do not
meet this requirement, you are not able to use the auction
service.
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.
