Terms & Conditions

Crook County

ONLINE SALES TERMS AND CONDITIONS

Contract. An award of sale is a contract between the winning Bidder and Crook County upon the terms and conditions set forth herein. Crook County may pursue all legal remedies allowed by law against any bidder who fails to make payment for a winning bid. The term "Crook County" includes but is not limited to the county, its officers, employees and volunteers. The term "Bidder" and "Buyer" are used interchangeably and includes their employees, agents, heirs and assigns.

Guarantee Waiver. All property is offered termed for sale AS-IS, WHERE-IS AND WITH ALL FAULTS WITHOUT 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. Bidder 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. Crook County is not responsible for any omissions or errors in description of items being offered for sale. It shall be the Buyer's responsibility to inspect and satisfy themselves to the details and conditions of the item offered before entering a bid. Crook County does not attest to the authenticity of any item.

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 Crook 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 of surplus property including claims for personal or bodily injury, death or contract damages.

Consideration of Bid. Crook County 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, Crook County 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 Crook County 's discretion.

Notice of Award. Successful Bidders will receive a Notice of Award by email from PublicSurplus.com

Payment. PayMac Inc. a third-party payment processing company, receives all payments for Crook County. 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 been cleared.

No 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 of payment, you will be notified by email sent to the address you provided at registration with Publicsurplus.com. You may then contact the Crook County Pick-up according to Crook County's Pick-up procedure.

2. When you pick up the item you shall be required to provide the following to the Pick-up Contact or the auction item(s) will not be released to you.

(1) Notice of Award,

(2) Paid Receipt,

(3) Personal Picture Identification (such as a Driver License).

(4) Original Title issued by County Clerk in Buyer's Name (So make time to get this ahead of time during normal business hours. Contact Clerk 307-283-1323 for procedures to obtain title at least two (2) business days before pick-up.

(5) Sales Taxes paid Statement from the County Treasurer. Contact Treasurer 307-283-1244 for procedures to obtain Taxes Paid Statement for Titled items at least two (2) business days before pick-up.

(6) Third Part Pick-up. If not the Buyer, Written permission by Buyer to pick-up item. If you are picking up an item for someone else, you will need to bring all of the documents mentioned above (photocopies are acceptable, except the Title), 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.

No Shipping. Crook County does not ship any item sold at auction. It will be your responsibility to follow the Third-Party Pick-Up Procedures above to ensure that your item is released.

Bid Deposits. Crook County may require bid deposits 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% 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. Crook County is required to collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to Crook County prior to payment. If applicable, the sales tax of 5% will be visible during the bidding process and will be included in the payment specified.

Removal. Buyer shall remove auction item(s) from the Crook County property within ten (10) business days after the time and date of issuance of the Notice of Award. 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 shall make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will Crook County assume responsibility for packing, loading or transporting auction item(s).

FAILURE TO REMOVE. If the Buyer, after making payment for an item, fails to remove the item within the specified time, Crook County reserves the right:

(1) To Retain all payments as damages; and

(2) to dispose of the item through another auction or otherwise.

Buyer shall be liable to and reimburse Crook County for any damage to Crook County 's property caused by Buyer's or Buyer Agent's removal or failure to remove an auction item(s) from Crook County property. No maintenance or repairs may be performed on Crook County 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, Crook County will refund any money paid. In no event shall the damages or liability of Crook County exceed the actual purchase price of the property.

Vehicle Titles. The Crook County Clerk will issue a title or certificate before pick-up during normal business hours as stated above in these terms and conditions and according to state and federal laws. Open titles cannot be issued. Crook County will not issue replacement titles. No titled vehicle shall be released until a title has been issued in the Buyers' Name.

Default. Time is of the essence to each and every term and condition of this agreement and other documents such as the County's Pick-Up Procedure. 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, Crook County may retain Buyer's bid deposit and exercise such rights and pursue such remedies as are provided by law.

Governmental Immunity. The County is a governmental entity and as such does not waive its sovereign and or Governmental immunity by entering into this contract and fully retains all immunities and defenses provided by law with regard to any claim or action based on this contract.

Wyoming law governs: The construction, interpretation and enforcement of this contract shall be governed by the laws of the State of Wyoming and the Circuit Court or District Court of the Sixth Judicial District of Crook County, Wyoming shall have venue and jurisdiction over any action arising out of this contract.

WAIVER OF JURY TRIAL. THE PARTIES KNOWINGLY WAIVE THEIR RIGHT TO A JURY TRIAL OR AN ACTION IN STATE OR FEDERAL COURT TO RESOLVE ANY MATTER ARISING BETWEEN THEM IN ANY COURT.

No kick-backs: The Buyer certifies and warrants that no gratuities, kick-backs, or contingency fees were paid in connection with this auction nor were any fees, commissions, gifts, or other considerations contingent upon the award of this auction item except as set forth 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.

Modifications of this agreement. Any modifications of this agreement shall be in writing and signed by both parties.

*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*