*ONLINE
SALES - TERMS AND CONDITIONS
Guarantee
Waiver
All property is offered for sale "AS-IS, WHERE-IS." Garfield County 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. Returns will not be accepted.
No
Warranty
Descriptions of items being auctioned are believed to be correct and based on the best available information. However, neither the descriptions provided, including, but not limited to, manufacturer's name, model numbers or physical characteristics, nor any oral statements made by Garfield County concerning any item shall be considered a warranty, express or implied. Garfield County is not responsible for any omissions or errors in the description of items being offered for sale. All sales are final. Under no circumstances will a refund or adjustment be made due to the property failing to meet buyer's expectations.
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. Buyer is responsible for inspecting items offered and all bids must be based solely on the buyer's personal inspection and evaluation of the item. Submission of a bid will be prima facie evidence that the bidder/buyer did, in fact, make an inspection and is aware of all conditions affecting performance and bid pricing. No claim shall be considered for allowance or adjustment or for rescission of the sale based on failure to inspect the property.
Consideration
of Bid
Garfield County reserves the right to reject any and all bids and to withdraw from sale any of the items listed.
Assumption
of Liability
Buyer shall assume all liability for the property after award is made. Garfield County will exercise its usual care for protection up to the time of removal, but will not be responsible for any loss or damage.
Personal
and Property Risk
Buyer agrees for and on behalf of buyer, buyer's heirs, successors and assigns that buyer shall indemnify and hold Garfield County 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 including claims for personal or bodily injury, death or contract damages. Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release and indemnify Garfield County from liability therefore. The county does not waive the immunities and protections provided by the Colorado Governmental Immunity Act, §§24-10-101-120.
Legal
Venue for any and all legal action regarding online transactions shall lie in the District Court in and for Garfield County, State of Colorado, and these transactions shall be governed by the laws of the State of Colorado.
Notice
of Award
Successful bidders will receive a Notice of Award by email from PublicSurplus.com.
Payment
PayMac,
collects all payments for Garfield County. Payment for an awarded
item must be received within five (5) business days of close of
auction or notice of award. Payment shall be made online by credit
card, or 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.
Payment
by Credit Card:
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 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 of an auction allowed. All auctions must
be paid in full per payment process used per auction. 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. NO
CASH.CHECKS.OR MONEY ORDERS WILL BE ACCEPTED. 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. Public Surplus will notify the Buyer upon receipt of payment. The Buyer may then contact Garfield County and arrange for a mutually convenient pick up time. The Buyer must bring the "Notice of Award" with the "Paid Receipt" and personal identification such as Driver's License or DMV ID to the pickup 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 "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's email address used for the auction stating that you are authorized to pick-up the item.
Bid
Deposits
Garfield County 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
An 10% Buyers premium will be added to the final sale price with a $1.00 minimum charge per auction to collect payment.
State/Local
Sales and /or Use Tax
Garfield County may collect sales tax if applicable, unless the buyer has provided a valid tax-exempt certificate to Garfield County prior to payment.
Removal
Buyer must remove auction item(s) from said agencies premises within five (5) business days of notification by Public Surplus of receipt of payment, and within ten (10) business days from the time and date of issuance of the Notice of Award. If Buyer, after making payment for an item, fails to remove the item(s) within the specified time, Garfield County reserves the right (1) to retain any and all payments; and (2) to dispose of the item as deemed desirable by the agency. Successful bidders are responsible for the loading and removal of 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 Garfield County assume responsibility for packing, loading or shipping. Loading and transportation of all purchased items is strictly the Buyer's responsibility. No service of any kind will be furnished by Garfield County. Property may be removed between the hours of 9am and 4pm, Monday through Friday, excluding legal holidays, unless otherwise listed in the item description on the website.
Vehicle
Titles
Garfield County will issue a title or a bill of sale 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. Garfield County 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. If the Buyer fails in the performance of the obligations, Garfield County may exercise such rights and may pursue such remedies as are provided by law.
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.