Layton
City Corporation
ONLINE SALES TERMS AND CONDITIONS
Guarantee
Waiver. All property is offered for sale as-is, where-is. Layton City
Corporation 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. Layton City Corporation 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
Layton City Corporation confirms that the property does not conform
to the description, Layton City Corporation will keep the property
and refund any money paid. The liability of Layton City Corporation
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.
Layton City Corporation 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 Layton City Corporation. 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
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 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 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 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
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.
Bid
Deposits. Layton City Corporation 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 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 the payment required.
State/Local Sales and/or
Use Tax. Layton City Corporation may collect sales tax, unless the
Buyer has provided a valid tax-exempt certificate to Layton City
Corporation 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 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 Layton
City Corporation assume responsibility for packing, loading or
transporting. For additional information, please contact Merrill
Oveson, (801) 336-3890, moveson@laytoncity.org.
Vehicle Titles.
Layton City Corporation will provide 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. Layton City Corporation will not provide 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, Layton City Corporation may exercise such rights and may
pursue such remedies as are provided by law in addition to the
provisions herein.
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.