TOWN OF PURCELLVILLE ONLINE SURPLUS PROPERY SALES
TERMS AND
CONDITIONS
ALL BIDDERS AND OTHER PARTICIPANTS IN ANY TOWN
AUCTION AGREE THAT THEY HAVE READ AND FULLY UNDERSTAND THESE TERMS
AND CONDITIONS AND AGREE TO BE BOUND AND ABIDE BY THEM.
1.
Disclaimer of all Warranties and Guarantee Waiver for all Property
for Sale: All property is offered for sale "as-is, where-is."
The Town of Purcellville makes no warranty, guaranty or
representation of any kind, whatsoever, whether written, oral,
express, implied or statutory, as to the merchantability or fitness
for any purpose of the property offered for sale. Be aware that the
Town does not always have firsthand knowledge of the items being
sold. Most items offered for sale are used and may contain defects
not immediately detectable. For those items available for inspection,
Bidders are expected to personally thoroughly examine the property
and determine for themselves the information they require concerning
the property prior to placing a bid. Inspection of property condition
is the sole responsibility of the Buyer. The items purchased
immediately become the responsibility of the Buyer at the time they
are sold by the Town. Any costs to make an item functional are solely
the responsibility of the Buyer. Items which require repair,
maintenance, or additional investment are also the sole
responsibility of the Buyer.
The Buyer is not entitled to any
payment for loss of profit or any other money damages - special,
direct, indirect, or consequential for any reason.
2.
Description Warranty: The Town of Purcellville warrants to the Buyer
that the property offered for sale will conform to its description as
that information is posted online. Any claim for description
discrepancies must be made prior to removal of the property. If the
Town of Purcellville confirms that the property does not conform to
the description, the Town of Purcellville will keep the property and
refund any money paid. The liability of the Town of Purcellville
shall not exceed the actual purchase price of the property. Sale of
all property is without guarantees or warranties express or implied
as detailed in Section 1. The Town does not warrant the
merchantability of the property or its fitness for any use or
purpose. Most items offered for sale are used and may have excessive
wear and tear and/or contain defects not immediately detectable or
not detectable. The amount of recovery and exclusive remedy under
this provision is limited to return of the purchase price of the
mis-described property. The purchaser is not entitled to any payment
for loss of profit or any other money damages. Please note that upon
removal of the property - ALL SALES ARE FINAL WITH NO REFUNDS.
3.
Inspection: The responsibility to determine the condition of the
property rests solely with the Buyer. The Town shall have the items,
equipment and/or vehicle(s) available for inspection by appointment
only or as otherwise posted in any particular auction. There will be
NO INSPECTION for office equipment such as computers and printers so
please bid accordingly. Please be aware that prospective bidders will
not be allowed to test, operate or disassemble any item or vehicle
featured in an auction. Bidders may otherwise inspect the property
prior to bidding by appointment only. Bidders must schedule a
property inspection with the Point of Contact listed in Section
28.
4. Consideration of Bids and Withdrawal of Property: the
Town of Purcellville reserves the right to reject any and all bids
and to withdraw from sale any of the items listed at any time prior
to the removal of the property.
5. Notice of Award: Successful
bidders will receive a Notice of Award by email from
PublicSurplus.com. The Town of Purcellville may also send successful
bidders an email notice of their successful bid.
6. Payment
Procedures: PayMac Inc. a third-party payment processing company,
receives all payments for Town of Purcellville. Payment for an
awarded item must be received within five (5) business days after the
Notice of Award of the successful bid.
a) 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.
b) 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 "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.
c) 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 pay partially for an auction by Credit Card and
pay the remainder by another payment method, such as a wire
transfer.
d) 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 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.
e) Auction Site Fee - Buyers are
responsible for paying the 10% auction fee. This fee shall be added
to total bid price as a Buyer's Premium (see Section 9).
f)
Failure to Make Payment - Any Buyer who successfully places a high
bid for an item and fails to make timely payment as required will
have their high bid disqualified and they will not be allowed to
participate in future Town auctions. The auction items will then be
disposed of at the Town's Discretion.
7. Removal and Pick-Up
Procedures:
a) The Buyer must contact the Town's responsible
party listed for the auction item and arrange for a mutually
convenient pick-up time. The responsible party will upon receipt of
payment notify the Buyer of the exact days and time frame available
for property removal and pick-up. DO NOT ARRIVE AT A TOWN FACILITY
FOR PROPERTY PICK-UP WITHOUT A PREVIOUSLY SCHEDULED AND APPROVED
APPOINTMENT! Appointments MUST be made at least one calendar day
prior to the scheduled day. All items must be removed within 5
business days from the time and date of issuance of the Notice of
Award. Purchases will be released only upon receipt of payment as
specified. Successful bidders are responsible for 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 the Town assume responsibility
for or assist in the packing, loading, shipping or transportation of
the property. You must bring to the pick-up location (1) the "Notice
of Award," (2) the "Paid Receipt" and (3) personal
identification (such as a Driver's License). You must present all
three identification items at the scheduled pick-up, or the auction
item(s) will not be released to you.
b) If the Buyer, after
making payment for an item, fails to remove the item within the
specified time, the Town reserves the right (1) to retain all
payments; and (2) to dispose of the item through another auction or
in any other manner.
c) 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 e-mail address used for
the auction stating that you are authorized to pick-up the item.
ALL
PURCHASED EQUIPMENT AND/OR VEHICLE(S) MUST BE REMOVED BY SUCCESSFUL
BUYER WITH NO DEBRIS, TRASH OR UNWANTED EQUIPMENT AND/OR VEHICLE(S)
LEFT AT THE PICKUP LOCATION. ANY BUYER WHO FAILS TO REMOVE ALL
EQUIPMENT AND/OR VEHICLE(S) WITHIN THE SPECIFIED TIME FRAME SHALL NOT
BE ALLOWED TO PARTICIPATE IN FUTURE TOWN AUCTIONS. BUYER SHALL BE
RESPONSIBLE FOR ANY DAMAGE OR COST INCURRED BY THE TOWN AS A RESULT
OF BUYER'S REMOVAL OF SUCH EQUIPMENT OR VEHICLES.
ANY BUYER WHO
REMITS PAYMENT BUT FAILS TO REMOVE ALL EQUIPMENT AND/OR VEHICLE(S)
WITHIN THE SPECIFICIED TIME FRAME, SHALL NOT BE ISSUED A REFUND BY
THE TOWN AND WILL NOT BE ALLOWED TO BID ON FUTURE TOWN AUCTIONS. THE
ITEM MAYBE RELISTED AND SOLD THROUGH ANOTHER AUCTION OR OTHERWISE
DISPOSED OF IN THE TOWNS' SOLE DISCRETION. ALL SALES ARE FINAL. NO
REFUNDS FOR ANY REASON.
DO NOT BID IF YOU CANNOT REMOVE THE
PROPERTY ON TIME.
8. Bid Deposits: The Town of Purcellville may
require bid deposits in order 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.
9. Buyers Premium: Buyers are hereby notified that a
Buyer's Premium of 10% will be added to the final sale price with a
$1 minimum charge per auction item to collect payment.
10.
State/Local Sales and/or Use Tax: The Town of Purcellville may
collect sales tax, unless the Buyer has provided a valid tax-exempt
certificate to the Town of Purcellville prior to payment. If
applicable or available, the sales tax will be visible during the
bidding process and will be included in the payment specified.
11.
Vehicle Titles: The Town of Purcellville 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. The Town of Purcellville will not issue
replacement titles.
12. Default: Default shall include, but not
be limited to (1) failure to observe any of these terms and
conditions; (2) failure to make good and timely payment; or (3)
failure to remove all items within the specified time and in the
specified manner. Default may result in termination of the bid
contract and suspension from participation in all future sales until
the default has been cured. In addition, the Town reserves the right
to block bidders from participating in Town surplus sales if they
have defaulted on auctions with other public entities. In the event
the Buyer fails to make payment as required by these terms and
conditions, or fails to remove the property as required, and fails to
cure the default within the specified time, the purchaser will lose
all right, title, and interest which they might otherwise have
acquired in and to the property. If the Buyer fails in the
performance of their obligations, the Town of Purcellville may
exercise such rights and may pursue such remedies as are provided by
law.
13. Acceptance of Terms and Conditions: By submitting a
bid, the Bidder and any subsequent Buyer agrees that they have
completely read, fully understand, totally comprehend and accept the
Town's Online Surplus Property Sales Terms and Conditions, and agree
to pay for and remove the property as required, if the bid is
accepted, by the dates and times specified.
14.
Indemnification: Buyers agree to indemnify and hold harmless the Town
for any and all damages, claims, or liability of any nature or kind
in the sale of, or the Buyer's use of, the property. The Buyer, its
predecessors, successors and assigns hereby release, relinquish and
forever discharge the Town, its former, present and future agents,
contractors, consultants, employees, officers, officials, legal
representatives and volunteers (collectively known as "the
Released Parties") from any liability arising out of the sale of
and Buyer's use of the property and/or concurrent negligence of the
Released Parties for any injury, including death or damage to persons
or property, where such damage is sustained in connection with, or
arising out of, the sale or use of Town owned property or property
sold by the Town.
15. Liability: Items are offered for sale
using the services and website of the online auction services
contractor. Under no circumstances will the Town be liable to any
person or business entity for any direct, indirect, special,
incidental, consequential, or other damages or losses based on, or
caused by, any use of the auction website, or any other website to
which the site is linked, the content of such websites, or any
viruses or other harmful components derived from any such websites,
including, without limitation, any lost profits, revenue, or use,
business interruption, or loss of computer programs or information.
In case of malfunctions of hardware or software, the Town reserves
the right to cancel any sale, even if an award notification e-mail
has been received. The Town cannot and will not guarantee
uninterrupted access to the auction system. Buyers access and use the
online auction services' website solely at their own risk.
16.
Liability after Award: The purchaser shall assume all liability for
the property after the award is made. The Town will exercise its
normal care up to the time for removal of the property as stated in
the auction details, but will not be responsible for any loss or
damage whatsoever. No property may be removed by the purchaser prior
to making full payment.
17. Privacy: The Town may gather
information from bidders so that it will know who has won an auction
item. Personal information is not sold or rented. Personal
information is used for the purpose of conducting online auctions and
not used for any other purpose.
18. Termination for
Convenience: Unless otherwise provided in the Auction documents, this
contract may be terminated by either party without cost to the Town
upon 30 days' written notice to the other party, to be calculated
from the date the notice is mailed.
19. Termination of Contract
for Cause: In the event the Buyer fails to make payment as required,
or fails to remove the property, or fails to cure the default with
the time allowed by the notice, the Buyer will lose all right, title,
and interest which he/she might otherwise have acquired in and to the
property as to which the default occurred. Please note that all sales
are final once the property has been removed.
20. Contractual
Disputes:
a) Any dispute concerning a question of fact as a
result of a contract with the Town which is not disposed of by
agreement shall be decided by the Town Manager, who shall reduce his
decision to writing and mail or otherwise forward a copy thereof to
the contractor within thirty (30) days. The decision of the Town
Manager shall be final and conclusive unless the contractor appeals
within six (6) months of the date of the final written decision by
instituting legal action as provided in the Code of Virginia. A
contractor may not institute legal action, prior to receipt of the
public body's decision on the claim, unless the public body fails to
render such decision within the time specified.
b) Contractual
claims, whether for money or other relief, shall be submitted in
writing no later than sixty days after final payment; however,
written notice of the contractor's intention to file such claim shall
have been given at the time of the occurrence or beginning of the
work upon which the claim is based. Nothing herein shall preclude a
contract from requiring submission of an invoice for final payment
within a certain time after completion and acceptance of the work or
acceptance of the goods. Pendency of claims shall not delay payment
of amounts agreed due in the final payment.
21. Legal Action:
No bidder, offeror, potential bidder or contractor shall institute
any legal action until all statutory requirements have been met and
all terms and conditions contained herein fully satisfied.
22.
Conditional Bids: Conditional bids will not be accepted.
23.
Late Bids: Any bid received by PublicSurplus.com designated in the
solicitation after the exact time specified for receipt of the bid is
considered a late bid. A late bid will not be considered for
award.
24. Risk of Loss: In the event the property is damaged or
destroyed subsequent to it being available for sale and prior to
removal, the purchase price will be adjusted by the Town for loss,
damage, or destruction occurring during such period in an amount as
determined in the sole discretion of the Town, to the extent it was
not caused by the Buyer, its agents, or employees. At the discretion
of the Town, the adjustment may consist of rescission. No adjustment
will be authorized under this provision unless the Town is notified
of the loss prior to removal.
25. Award of Contract: The
contract will be awarded to the highest responsive, responsible
bidder. If that bidder fails to make timely payment for the auction
item the Town will then dispose of the property at its
discretion.
26. Sales to Employees: Auction items are available
to the public and Town employees within the parameters of the Code of
Virginia. Town employees may only bid up to $500.00 for any
particular item. Employees may bid on multiple items but the total
for ALL BIDS may not exceed $500.00. The bidding limitations have
been established by the Virginia General Assembly with the State and
Local Government Conflict of Interests Act, Va. Code �
2.2-3100 et seq. (the Act). The Act prohibits local government
employees and officers and their immediate family* from bidding on
individual line items where the bid will exceed $500.00. *Immediate
Family means (i) a spouse and (ii) any other person residing in the
same household as the officer or employee, who is a dependent of the
officer or employee or of whom the officer or employee is a dependent
(Va. Code � 2.2-3101). A successful bidder who is also a Town
employee or officer shall be required to sign an Affirmation of
Compliance form prior to receiving surplus property.
Employees
must use personal time or leave to bid on and remove auction items.
No bids may be made by employees while working for the Town. No
purchased property may be picked-up and removed from the Town by
employees while working for the Town.
Any employee (including
immediate family members) involved in Town surplus sale operations
may not personally participate in online auctions or any disposition
of surplus property.
27. Computer Equipment: Computers are
sold either by the individual unit or as a lot of computer equipment.
Buyers are advised that software, operating systems, drives and other
components may be removed from the computer equipment prior to sale.
All technology equipment such as computers, monitors, printers, copy
machines, and other related items are sold strictly "as is,
where is" with the possibility of missing parts or components
and non-operational status. Bidders are reminded that all sales are
final with no refunds.
28. Applicable Law: Although this
site may be accessed from any state, bidders who participate in this
auction agree that the laws of the Commonwealth of Virginia shall
govern all matters relating to the use of this auction and purchase
of items listed by the Town of Purcellville on this site.
29.
Point of Contact: The point of contact for the Town of Purcellville
is -
Hooper McCann
hmccann@purcellvilleva.gov
(540)
751-2312
Or
Makishi
Inaba
minaba@purcellvilleva.gov
Property inspections,
auction questions and property pick-up appointments must be scheduled
with Hooper McCann or Makishi Inaba. Do not show-up at a Town
facility to inspection or pick-up property without a previously
scheduled appointment. Items will not be released to you without a
scheduled appointment.
NO WARRANTIES AND NO GUARANTEES (PROPERTY
SOLD STRICTLY "AS IS/WHERE IS")�-�
PLEASE
NOTE BEFORE YOU PLACE A BID THAT THE PROPERTY IS SOLD "AS
IS/WHERE IS!" THERE ARE NO WARRANTIES AND NO GUARANTEES OF ANY
KIND, WHATSOEVER CONCERNING THIS PROPERTY, EXPRESSED OR IMPLIED. READ
THE PROPERTY DESCRIPTION CAREFULLY AND EXAMINE THE PICTURES BEFORE
PLACING A BID. THE DESCRIPTION IS THE BEST ESTIMATE ONLY; SURPLUS
STAFF HAS NO INFORMATION OTHER THAN THAT PRESENTED IN THE PROPERTY
DESCRIPTION.�
SALE TERMS AND
CONDITIONS���
THE�TERMS AND
CONDITIONS�LINK IS LOCATED IN THE FIRST BOX ON THE AUCTION
PAGE UNDER "TERMS AND COND", CLICK ON THE "VIEW TERMS
AND CONDITIONS" LINK. PLEASE COMPLETELY READ ALL THE SALE TERMS
AND CONDITIONS BEFORE PLACING A BID.�BY PLACING A BID YOU
AGREE TO ABIDE BY AND FOLLOW ALL SALE TERMS AND CONDITIONS. THERE
WILL BE NO REFUNDS FOR ANY REASON. DO NOT BID UNLESS YOU INTEND TO
HONOR YOUR BID.�
PAYMENT AND REMOVAL OF
PROPERTY���
THE BUYER MUST PAY FOR THE
PROPERTY WITHIN FIVE (5) BUSINESS DAYS OF RECEIVING THE EMAIL NOTICE
OF AWARD FROM PUBLIC SURPLUS. BUYER IS SOLELY RESPONSIBLE FOR THE
PICK-UP AND REMOVAL OF THE PROPERTY WITHIN FIVE (5) BUSINESS DAYS OF
PURCHASE. BUYER MUST CONTACT TOWN PUBLIC SURPLUS OFFICER (CONTACT
INFORMATION LISTED ON AUCTION PAGE) TO SCHEDULE A DAY AND TIME FOR
PROPERTY PICK-UP AND REMOVAL. APPOINTMENTS MUST BE MADE AT LEAST 24
HOURS IN ADVANCE. DO NOT SHOW-UP AT A TOWN FACILITY TO PICK-UP
PROPERTY WITHOUT A PREVIOUSLY SCHEDULED APPOINTMENT.�
THE
TOWN DOES NOT SHIP COMPUTER EQUIPMENT.
BID
DEFAULTS��
**PLEASE NOTE**: IF YOU BID AND WIN AN
AUCTION AND DEFAULT ON YOUR BID AND DO NOT PAY FOR THE AUCTION ITEM
ON TIME YOUR BID WILL BE DISQUALIFIED AND YOU WILL BE BANNED FROM
PARTICIPATION IN ANY FUTURE TOWN OF PURCELLVILLE ONLINE AUCTIONS.�
