AGENCY ONLINE SALES TERMS AND CONDITIONS
DIRECT contact with the City of Yuma (City) employees, other than the employees of the Purchasing Division, on the subject of this bid is prohibited except with the foreknowledge and permission of the Purchasing & Contracts Manager or his or her designated representatives.
Contract. An award of sale is a contract between the winning bidder and City of Yuma upon the terms and conditions set forth herein. City of Yuma may pursue all legal remedies allowed by law against any bidder who fails to make payment for a winning bid.
Guarantee Waiver. All property is offered for sale as-is, where-is. City of Yuma makes no warranty, guaranty or representation of any kind, expressed or implied, as to the condition, usability, value, merchantability, authenticity, or fitness for any purpose of the property offered for sale. Some or all items may have been declared unsafe in their present condition by a federal or state safety standard. Buyers should inspect and, if necessary, repair/test all items prior to any use. Buyer is not entitled to any payment for loss of profit or any other money damages, including but not limited to special, direct, indirect, or consequential damages.
No Description Warranty. City of Yuma is not responsible for any omissions or errors in description of items being offered for sale. It shall be the bidder's responsibility to inspect and satisfy him or herself as to the details and conditions of the item offered before entering a bid. The Agency does not attest to the authenticity of any item. 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.
Indemnification. Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold City of Yuma harmless from and against any claim, demand or cause of action arising or alleged to have arisen out of the sale or failure to sell any item of surplus property including claims for personal or bodily injury, death or contract damages.
Consideration of Bid. City of Yuma reserves the right to reject any and all bids and to withdraw from sale any of the items listed before a notice of award is delivered.
Reserve Requirement. If there is a reserve requirement and the reserve price is not met by the close of bidding, City of Yuma reserves the right to sell the auction item to the next highest bidder, relist the item for auction, or otherwise dispose of the item at City of Yuma’s discretion.
Notice of Award. Successful bidders will receive a Notice of Award by email from PublicSurplus.com
ANY BIDDER WHO, FOR ANY REASON, FAIL TO MAKE PAYMENT ON EQUIPMENT AND/OR VEHICLE(S) WITHIN THE SPECIFIED PERIOD IS NOT BE ALLOWED TO BID ON FUTURE AUCTIONS. ANY AND ALL PURCHASED EQUIPMENT AND/OR VEHICLE(S) MUST BE REMOVED BY SUCCESSFUL BIDDER WITH NO DEBRIS OR UNWANTED EQUIPMENT AND/OR VEHICLE(S) LEFT AT THE PICKUP LOCATION. ANY BIDDER WHO FAILS TO REMOVE ALL EQUIPMENT AND/OR VEHICLE(S) WITHIN THE SPECIFIED PERIOD SHALL NOT BE ALLOWED TO BID ON FUTURE AUCTIONS.
Payment. PayMac. a third-party payment processing company, receives all payments for City of Yuma. Payment for an awarded item must be received within five (5) business days after the date of 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 partially pay for an auction by Credit Card and pay the remainder by another payment method, such as a wire transfer. All credit card payments must be made using a single credit card.
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 and ask for wire instructions or request the instructions via live chat. These instructions will be emailed to you. Please follow them exactly to ensure prompt payment.
Pick-Up and Third Party Pick-Up Procedures
1.Upon receipt ofpayment, You will be notified by email sent to the address Youprovided at registration with Publicsurplus.com. You may thencontact City of Yuma and arrange for a mutually convenientpick-up time. You must bring to the pick-up location (1) the Noticeof Award, (2) the Paid Receipt and (3) personal pictureidentification (such as a Driver License). You must presentall three identification items at the scheduled pick-up, or theauction 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 picture 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.
Shipping
The City of Yuma assumes no liability for the shipment of property.
The City of Yuma ships only domestically, no International shipping. USPS small and medium flat rate boxes are the only shipping methods the City of Yuma utilizes. Shipping and handling cost for each method is as follows:
• USPS Small Flat Rate Shipping = $10.00
• USPS Medium Flat Rate = $15.00
Shipping method of each applicable auction is assessed at the beginning of each auction by the City of Yuma. Shipping method of choice is at the sole desecration of the City of Yuma and is non-negotiable and non-refundable. Estimated delivery time will depend on your location. Handling time will begin within 1 – 2 business days after payment is received.
Bid Deposits. City of Yuma 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.
Buyer Premium. A Buyer Premium of 10.5% will be added to the final sale price with a $1 minimum charge per auction to collect payment. The premium will be visible during the bidding process and will be included in the payment required.
State/Local Sales and/or Use Tax. City of Yuma may collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to City of Yuma 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) calendar 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 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 City of Yuma assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse City of Yuma for any damage to City of Yuma’s property caused by Buyer’s or Buyer Agent’s removal of auction item(s) from the premises. No maintenance may be performed on City of Yuma property.
Risk of Loss. In the event an auction item is lost or destroyed after a notice of award has been sent but prior to removal, and to the extent such loss or destruction is not caused by the buyer, or buyer’s agent or employee, City of Yuma will refund any money paid. The liability of City of Yuma shall not exceed the actual purchase price of the property.
Applicable Law. Any contract resulting from the bid for the equipment and/or vehicle(s) will be governed by the laws of the State of Arizona.
Eligibility. Bidder must be at least of 18 years old and legally able to form binding contracts as a buyer in an auction.
Vehicle Titles. City of Yuma 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 Yuma 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 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, City of Yuma may retain Buyer’s bid deposit and exercise such rights and pursue such remedies as are provided by law.
Indemnification. Buyers agree to indemnify, defend, and hold harmless the City, its officers, agents, officials, employees and volunteers, for, from and against any and all damages, losses, claims, or liabilities 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, its former, present and future agents, employees, officers, officials and legal representatives (collectively know as "the City") from any liability arising out of the sale and/or concurrent negligence of the City 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 owned property.
Liability. Items are offered for sale using the services and web site of an online auction services contractor. The City shall not be liable, under any circumstances, 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. The City strives to make the online auction system as accurate as possible. However, errors and equipment malfunctions are possible and may occur without notice. In case of malfunctions of hardware or software, the City reserves the right to cancel any sale, even if an award notification e-mail has been received. The City cannot and will not guarantee uninterrupted access to the auction system.
Reproduction of Auction Materials and Resale of Items Listed: Bidders or website users may reproduce or copy images, photographs, or descriptions of property listed on the auction site for personal use only. Bidders and website users may not reproduce, display, or broadcast online auction materials by any means, or by using any media, without the express written permission of the City. The City reserves the right to disallow participation in the online auction by any website user or Bidder at any time for violating the applicable laws, ordinances, terms and conditions listed here, or for activity deemed unacceptable by the City. Before paying for and taking possession of the items listed for sale by the City, successful bidders and website users shall not post or list the same items for sale by any other means. Please be advised that the City auction staff reports suspected fraud or criminal activity to the proper authorities.
Privacy. The City gathers personal information from Bidders to notify Bidder who an auction item. Personal information is not sold or rented. Personal information is only used for the purpose of conducting online auctions and not used for any other purpose. Bidder acknowledges that he or she understands that transactions of the City auction are subject to public disclosure laws.
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.
*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*