TOWN OF FLORENCE ONLINE SALES TERMS AND CONDITIONS
Award: At the time the auctioneer awards sale of items ("Goods" or "property") to bidder ("Buyer"), a legally binding contract ("Contract") is established between Town of Florence and the Buyer. Town of Florence will pursue legal remedies allowed by law against any Buyer who fails to make required payment(s). Successful bidders will receive a Notice of Award by email from PublicSurplus.com
Contract. An award of sale of the Goods is a contract between the Buyer and Town of Florence upon the terms and conditions set forth herein.
Guarantee Waiver. All Goods are offered for sale as-is, where-is. Town of Florence 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. Please note that upon removal of the property, all sales are final.
Consideration of Bid: Town of Florence reserves the right to reject any and all bids and to withdraw any item from sale. Town of Florence reserves the right to set a minimum bid on any item.
Description Warranty. Town of Florence warrants to the Buyer that the property offered for sale will conform to its description. Any claim for mis-description must be made prior to removal of the property. If Town of Florence confirms that the property does not conform to the description, Town of Florence will keep the property and refund any money paid in the sole discretion of the Town of Florence. The liability of Town of Florence shall not exceed the actual purchase price of the property by Buyer. Please note that upon removal of the property, all sales are final.
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.
Reserve Requirement. If there is a reserve requirement and the reserve price is not met by the close of bidding, Town of Florencereserves the right to sell the auction item to the next highest bidder, relist the item for auction, or otherwise dispose of the item at Town of Florence's sole discretion.
Indemnification: Buyer shall at all times indemnify, defend and save harmless the Town of Florence and any of its Mayor, Council members, agents, officials, officers, representatives, volunteers and employees from any and all claims, demands, suits, actions, proceedings, loss, costs and/or damages of every kind and description including any attorney's fees and/or litigation expenses which may be brought or made against or incurred by the Town of Florence on account of loss of or damage to any property, contract damage or for injuries to or death of any person caused by, arising out of, or contributed to, in whole or in part, by reason of any alleged act, omission, professional error, fault, misttke or negligence of the Buyer, its employees, agents, representatives, or subcontractors in connection with or incidental to the performance of this Contract or out of the sale or failure to sell the property.
Payment. PayMac, a third-party payment processing company, receives all payments for Town of Florence. 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 cleared.
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.
Buyer's Premium: A buyer's Premium of 10% will be added to the final sale process which will be visible during the bidding process, and will be included in the payment to the Town of Florence
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
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 Town of Florence and arrange for a mutually convenient pick-up time. 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 License). You must present all three identification items at the scheduled pick-up, or the auction item(s) will not be released to you.
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 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.
Shipping. We cannot ship any item(s). However, you may 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.
State/Local Sales and/or Use Tax. Town of Florence may collect sales tax of 8.7%, unless the Buyer has provided a valid tax-exempt certificate to the Town of Florence 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 property or Goods from the Town of Florence premises within ten (10) business days after the time and date of issuance of the Notice of Award. If the Buyer, after making payment for any property, fails to remove the property within the specified time, the Town of Florence reserves the right (1) to retain all payments; and (2) to dispose of the property 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 Town of Florence assume responsibility for packing, loading or transporting auction property. Buyer shall be liable to and reimburse Town of Florence for any damage to Town of Florence's real or personal property caused, directly or indirectly, in whole or in part, by Buyer's or Buyer Agent's removal of auction property from the Town's premises.
Property may be removed by appointment only between the hours of 8:00am and 3:00pm, Monday through Thursday, excluding Town holidays.
No maintenance may be performed on Town of Florence property. For additional information, please contact Allessandra C. Allen, (520) 868-7506, allessandra.allen@florenceaz.gov.
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, Town of Florence will refund any money paid. The liability of Town of Florence shall not exceed the actual purchase price of the property by Buyer.
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 until the default has been cured. If the Buyer fails in the performance of their obligation, the Town of Florence may exercise such rights and may pursue such remedies as are provided by law.
Vehicle Titles. Town of Florence will issue a title or certificate 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. Town of Florence will not issue replacement titles.
Acceptance of Terms and Conditions. By submitting a bid, the Buyer agrees that the Buyer 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.
Arizona Law. This contract shall be governed by and construed in accordance with the substantive laws of the State of Arizona without reference to conflict of laws and principles. Any action brought to interpret, enforce, or construe any provision of this contract shall be commenced and maintained in Superior Court of the State of Arizona, Pinal County.
*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*