AGENCY ONLINE SALES TERMS AND CONDITIONS
Contract. An award of sale is a contract between the winning bidder and the City of Trenton upon the terms and conditions set forth herein. City of Trenton may pursue all legal remedies allowed by law against any bidder who fails to make payment for a winning bid.
Guarantee Waiver. Sale of all surplus property as-is, where-is. The City of Trenton 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. Descriptions of surplus property offered for sale are compiled from available data. No service of any kind will be furnished by the City of Trenton unless otherwise indicated. No refunds or adjustments will be made on any award.
Indemnification. Bidder agrees for and on behalf of bidder, bidder's heirs, successors, and assigns that bidder shall indemnify and hold the City of Trenton 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. The City of Trenton 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, the City of Trenton 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 the City of Trenton’s discretion.
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 and processes all payments for the City of Trenton. 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.
Pick-Up and Third Party Pick-Up Procedures
Upon receipt of payment, you will be notified by email sent to the address you provided at registration with Publicsurplus.com. Pick-up 24/7 from the Trenton Police Department at 11 E State St, Trenton OH 45067. You must bring to the pick-up location: (1) the Notice of Award; (2) the Paid Receipt; and (3) personal picture identification, such as a driver’s license. You must present all three identification items at the police department or the auction item(s) will not be released to you.
If someone else will be picking up your item, you must send an email from the address you used for the auction to ccreekbaum@ci.trenton.oh.us specifically listing that person’s name and/or business name, e.g., name of the towing facility, and stating that the person and/or business is authorized to pick up the item on your behalf. You should attach to that email: (1) the Notice of Award; and (2) the Paid Receipt.
The person picking up the item for you will need to bring to the pick-up location: (1) a copy of the email sent listing that person as your authorized representative; and (2) personal picture identification, such as a driver’s license. Your representative must present both items at the police department or the auction item(s) will not be released to that person.
Shipping. The City of Trenton cannot ship any item(s). You may, however, contact a local carrier of your choice to pick-up, package, and ship your item(s) for you. It will be your responsibility to follow the Third-Party Pick-Up Procedures above to ensure that your item is released.
Bid Deposits. The City of Trenton 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. Public Surplus may collect sales tax unless the Buyer has provided a valid tax-exempt certificate to Public Surplus 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 City of Trenton premises within ten (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 to: (1) retain all payments; and (2) 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 the City of Trenton assume responsibility for packing, loading, or transporting auction item(s). Buyers shall be liable to and reimburse the City of Trenton for any damage to any City of Trenton 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 Trenton property. For additional information, please contact Chelle Creekbaum, Administrative Assistant, at (513) 428-0112 or ccreekbaum@ci.trenton.oh.us.
Abandonment of Item. Auction items paid for but not picked up within the specified time will be considered abandoned and will be disposed of via another auction or otherwise. No refunds will be issued on any abandoned item.
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 the buyer’s agent or employee, the City of Trenton will refund any money paid. The liability of City of Trenton shall not exceed the actual purchase price of the property.
Vehicle Titles. The City of Trenton will issue a title upon presentation of all items as listed in “Pick-Up and Third Party Pick-Up Procedures” above. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued, and no title is to remain assigned to the Trenton Police Department for more than thirty (30) days. The City of Trenton 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; and/or (3) failure to remove all items within the specified time. If one item goes into default, all items won by the bidder in that same auction will go into default. Default may result in termination of the bid contract and suspension from participation in all future sales. If Buyers fail in the performance of their obligations, the City of Trenton may retain Buyers’ bid deposits and exercise such rights and 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, within the timeframes specified.
*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*