City of Key West - Public Surplus Auction Terms & Conditions of Sale (Final Draft)
A. Scope; Definitions. These Terms & Conditions of Sale ("Terms") govern all auctions of tangible personal property conducted by or on behalf of the City of Key West, Florida (the "City") on the Public Surplus platform. "Buyer" means the winning bidder; "Notice of Award" means the award email sent by Public Surplus; "Processor" means PayMac, Inc., Public Surplus' third‑party payment processor; "Property" means the surplus/obsolete property offered for sale.
1. As‑Is / Where‑Is; No Warranties. ALL PROPERTY IS SOLD "AS‑IS, WHERE‑IS," WITH ALL FAULTS, AND WITHOUT ANY WARRANTY, express or implied, including merchantability or fitness for a particular purpose. The City makes no representation as to condition, quality, or suitability. No refunds or returns after removal.
2. Description; Exclusive Pre‑Removal Remedy. The City warrants only that the Property will substantially conform to the listing description prior to removal. Buyer's sole and exclusive remedy for confirmed material non‑conformity, subject to City verification, is return of the Property for a refund of the purchase price before removal. Upon removal, all sales are final
3. Inspection. Inspection is available by appointment only with the designated listing contact. Most items are used and may contain latent defects. Bidders are strongly encouraged to inspect all Property prior to bidding.
4. City Rights. The City may reject any/all bids, withdraw items, or cancel an auction at any time, without notice.
5. Indemnification (Buyer). To the fullest extent permitted by law, Buyer shall indemnify, defend, and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and costs, whether at trial or on appeal) arising out of or related to: (i) Buyer's purchase, possession, use, transport, or removal of the Property; (ii) Buyer's breach of these Terms; or (iii) any negligent or wrongful act or omission of Buyer or its employees, agents, contractors, or representatives. This indemnity shall not apply to the extent a claim is caused by the City's sole negligence or willful misconduct. Nothing herein waives the City's sovereign immunity or expands liability beyond § 768.28, Florida Statutes.
6. Notice of Award. Winning bidders will receive a Notice of Award via email from Public Surplus.
7. Payment; Processor; Buyer's
Premium; Timing.
a)
Processor.
All payments are collected and processed by PayMac, Inc., not by the
City. Payment is not deemed received by the City until cleared by the
Processor. Any chargeback, reversal, or returned payment places Buyer
in default.
b) Methods
& Limits. Payment
must be made online by credit card (subject to Public Surplus'
per‑transaction ceiling, currently $4,000) or by wire transfer
for amounts exceeding that limit. Cash,
checks, and money orders are not accepted.
For wire transfers, Buyer must contact Public Surplus Buyer Support
at buyersupport@publicsurplus.com or via live chat for
instructions.
c) Deadline.
Full payment must be received within five (5) business days after the
Notice of Award.
d) Buyer's
Premium. Public
Surplus/PayMac will add a 10.5% buyer's premium (minimum $1 per
auction) to the final sale price; it will display during bidding and
be included in the total due.
8. Release; Title; Risk of Loss; Third‑Party Pickup. No release until cleared funds and presentation of: (i) Notice of Award, (ii) Paid Receipt, and (iii) government‑issued photo ID. Third‑party pickup requires written authorization from the winning bidder plus the representative's ID. Title (where applicable) passes upon release; risk of loss passes upon loading/possession by Buyer or its agent. The City will update the Public Surplus system after pickup.
9. Removal; Site Rules;
Damage; No On‑Site Repairs.
a)
Deadline.
Buyer must remove the Property within ten (10) business days after
the Notice of Award; failure is a default.
b) Hours
/ Appointment. Removal
is by appointment during 8:00 a.m.-4:00 p.m., Monday-Friday,
excluding legal holidays.
c) Labor/Equipment.
Buyer is solely responsible for all loading, rigging, and transport;
the City does not provide equipment or assistance. No on‑site
repairs.
d) Damage.
Buyer is liable for all damage to City property during removal and
shall reimburse repair costs.
10. Shipping. The City does not ship. Buyer must arrange third‑party transport in accordance with Section 8.
11. Taxes. Applicable Florida sales tax (6%) plus any Monroe County discretionary surtax will be collected unless a valid exemption certificate is provided before payment. Rates are determined by the Florida Department of Revenue and may change; the applicable rate at time of sale will apply.
12. Titled Assets. For vehicles/vessels or other titled assets, the City issues title only after cleared funds and consistent with listing conditions. No open or replacement titles will be issued.
13. Default; Remedies. Buyer is in default if it fails to pay timely, fails to remove timely, or violates these Terms. The City may cancel the sale, retain funds, resell the Property, and pursue lawful remedies; Public Surplus may suspend Buyer's account.
14. Limitation of Liability. The City's aggregate liability, if any, shall not exceed the purchase price actually paid for the item; the City shall not be liable for consequential, indirect, incidental, or special damages.
15. Compliance; Ethics; Public
Records; Electronic Signatures.
a)
No Gifts.
Buyer shall not offer gifts, gratuities, or anything of value to City
officials or employees in connection with any auction
b) Public
Records. Auction
communications and records may be public records subject to
disclosure under Chapter 119, F.S., unless an exemption applies.
c)
Electronic Signatures.
Electronic acceptance and signatures are valid and enforceable
pursuant to § 668.50, F.S. (UETA).
16. Safety; Hazardous Materials; IT/Data; Export. Buyer is solely responsible after award for lawful handling/transport/disposal of any hazardous substances potentially present. Where applicable, the City intends to sanitize data media; however, the City disclaims any guarantee of complete sanitization. Buyer must independently sanitize storage devices before reuse/resale. Buyer is responsible for compliance with U.S. export/import and transportation laws.
17. Internal Approvals; Sale Contingency. Sales may be contingent upon internal City approvals required by law or policy. Disposal of personal property with an acquisition price greater than $50,000 per item requires City Commission approval; property at or below $50,000 may be approved administratively by the City Manager or designee. If the required approval is not obtained, the City may cancel the sale without liability beyond refund of the purchase price.
18. Dispute Resolution; Governing Law; Venue. Florida law governs. Exclusive venue lies in the state courts of Monroe County, Florida. Parties shall attempt informal resolution prior to litigation.
19. Miscellaneous.
a)
No Assignment.
Buyer may not assign, transfer, or delegate any rights or obligations
under these Terms without the City's prior written consent.
b)
Severability.
If any provision is determined invalid, illegal, or unenforceable,
the remainder remains in full force and effect.
c) Headings.
Headings are for convenience only and do not affect
interpretation.
d) Entire
Agreement. These Terms
constitute the entire agreement regarding the sale of the listed
Property and supersede all prior or contemporaneous
communications.
e) Amendments.
These Terms may be amended only by a written instrument executed by
the City.
f) No
Waiver. No waiver is
effective unless in writing and signed by the City; no waiver of one
breach is a waiver of any other.
20. Acceptance of Terms. By placing a bid, the bidder acknowledges that they have read, understand, and agree to these Terms and will comply if awarded the item. Electronic acceptance is binding
21. Order of Precedence. These Terms & Conditions of Sale control over any conflicting statement in any City‑issued disclaimer, payment or pickup procedures, or other public‑facing guidance. Any City‑issued listing‑specific Supplemental Terms will prevail only to the extent they expressly state that they supersede these Terms for that specific listing. No term in any bidder communication modifies these Terms.
22. Gifts. Do not offer gifts or anything of value to City personnel.
NOTICE: The City may revise these Terms at any time. The version posted to the auction at time of bidding governs.