Definitions
- Buyer: The individual or entity submitting a bid and purchasing property from Pullman.
- Property: Any item or items offered for sale by Pullman.
- Pullman: The City of Pullman, Washington.
- Bid: An offer to purchase property at a specified price.
- Default: Failure to comply with these terms, including payment or removal obligations.
1. Waiver of Warranties
All property is sold "as-is, where-is." Pullman makes no warranties, express or implied, including merchantability or fitness for a particular purpose. Pullman disclaims all warranties not expressly stated to the fullest extent permitted by Washington law.
2. Limitation of Liability
Pullman's liability shall not exceed the purchase price paid. The Buyer may not recover damages for loss of profit or any special, direct, indirect, or consequential damages.
3. Description Warranty
Pullman warrants that property will conform to its description. Claims of non-conformity must be made before removal. If confirmed, Pullman may retain the property and refund payment. All sales are final upon removal.
4. Inspection
Most items are used and may have undisclosed defects. Buyers are encouraged to inspect items during specified times or by appointment.
5. Consideration of Bids
Pullman may reject any bid or withdraw items at its discretion.
6. Notice of Award
Successful bidders will receive a Notice of Award via email from PublicSurplus.com.
7. Payment
Payments are collected by PayMac. Payment is due within five business days. Accepted methods: credit card or wire transfer.
- Credit card payments are limited to $4,000 per transaction.
- Wire transfer instructions may be requested at buyersupport@publicsurplus.com.
- No cash, checks, or money orders are accepted.
8. Governing Law
These terms are governed by Washington State law.
9. Choice of Forum
Buyer consents to exclusive jurisdiction in Whitman County, Washington.
10. Payment by Credit Card
To pay by credit card, log in to PublicSurplus.com, go to "My Stuff" > "Past Bids," select the auction, and click "Pay Online." A receipt will be emailed upon clearance.
11. Partial Payments
Partial payments are not allowed. Full payment must be made using one method.
12. Wire Transfers
Required for payments over $4,000. Contact buyersupport@publicsurplus.com for instructions.
13. Pick Up Procedures
- PublicSurplus will notify the Buyer upon payment. Buyer must schedule pickup with the listed contact.
- Buyer must present the Notice of Award, paid receipt, and valid photo ID.
- Authorized representatives must present ID, receipt, and a signed authorization letter.
14. Bid Deposits
Pullman may require deposits. Deposits are refunded if no default occurs; retained in case of default.
15. Buyer's Premium
A Buyer's Premium, with a minimum charge of $1, may be added and will be disclosed during bidding.
16. Sales and Use Tax
Applicable taxes may be collected unless a valid exemption is provided before payment.
17. Removal of Property
Buyer must remove items within five business days of payment notice and no later than ten business days after the Notice of Award. Failure may result in forfeiture. Buyers are responsible for all packing, loading, and transport. Removal hours: Monday-Friday, 8:00 a.m.-4:00 p.m., excluding holidays. Contact Art Garro at (509) 338-3238 or art.garro@pullman-wa.gov.
18. Vehicle Titles
Titles are issued upon payment. Restrictions may apply. Open or replacement titles will not be issued.
19. Default
Default includes failure to pay or remove items on time. Pullman may terminate the contract and suspend the Buyer from future sales.
20. Acceptance of Terms
By bidding, the Buyer agrees to these Terms and Conditions.
21. Dispute Resolution
The parties agree to attempt mediation or alternative dispute resolution before litigation.
22. Privacy and Data Use
Buyer information will be used only for transaction purposes and handled per applicable privacy laws.
23. Force Majeure
Pullman is not liable for delays caused by events beyond its control.
24. Compliance with Laws
Buyers must comply with all applicable laws regarding purchase, removal, and use of property.
25. No Assignment
Bids and purchase rights are non-transferable unless authorized in writing.
26. Severability
If any provision is invalid, the remainder remains enforceable.
27. Contact Information
For questions, contact: Art Garro, (509) 338-3238, art.garro@pullman-wa.gov.
28. Accessibility Statement
Pullman is committed to accessibility. Contact the above for accommodations.
29. Environmental Disclaimer
Pullman disclaims liability for environmental conditions associated with the property. Buyers must conduct due diligence.