CITY
AND BOROUGH OF SITKA ONLINE SALES TERMS AND CONDITIONS
Contract. An award of
sale is a contract between the winning bidder and City and Borough
of Sitka upon the terms and conditions set forth herein. City
and Borough of Sitka may pursue all legal remedies allowed by law
against any bidder who fails to make payment for a winning bid.
Guarantee
Waiver. All
property is offered for sale as-is, where-is. City and
Borough of Sitka 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.
No
Description Warranty. City
and Borough of Sitka is not responsible for
any omissions or errors in description of items being offered for sale. It
shall be the bidder's responsibility to inspect and satisfy themselves to the details and conditions of the item offered before
entering a bid. The Agency 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 City and Borough of Sitka 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. City and Borough of Sitka 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, City and Borough of Sitka 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 City and
Borough of Sitka�s discretion.
Notice
of Award. Successful
bidders will receive a Notice of Award by email from PublicSurplus.com
Payment. PayMac. a third-party payment processing company receives all
payments for City and Borough of Sitka. Payment for an awarded
item must be received within ten (10) 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. Successful bidders may
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 once 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, the buyer 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. For 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, please
follow them exactly to ensure prompt payment.
Pick-Up
and Third-Party Pick-Up Procedures
- Upon
receipt of payment, buyers will be notified by email sent to the address
provided at registration with Publicsurplus.com. Buyer may then
contact City and Borough of Sitka and arrange for a
mutually convenient pick-up time. Buyer 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). Buyer must
present all three identification items at the scheduled pick-up, or the
auction item(s) will not be released.
2.
Third-Party
Pick-up, bring the Notice of Award and the Paid Receipt (photo
copies are acceptable), plus a note from the designated winning bidder specifically
naming the third party as authorized representative, along with the third
parties picture identification. In addition, the winning bidder shall send an
e-mail from the e-mail address used for the auction, stating the full name of
the individual authorized to pick-up the item on their
behalf.
Shipping. We cannot ship any item(s). However, buyer
may contact a local carrier of their choice to pick-up, package, and ship the
item(s). It will be buyers responsibility to follow
the Third-Party Pick-Up Procedures above to ensure that the item is released.
Bid
Deposits. City
and Borough of Sitka 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.
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. City and Borough of Sitka may collect sales tax, unless the
Buyer has provided a valid tax-exempt certificate to City and Borough
of Sitka 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 item(s)
from the agency premises within ten (10) business days after
the time and date of payment unless otherwise agreed upon. If the Buyer, after
making payment for an item, fails to remove the item within the specified time,
the agency reserves the right (1) to retain all payments; and (2) to dispose of
the item 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 City and Borough of Sitka assume
responsibility for packing, loading or transporting auction item(s).
Buyer shall be liable to and reimburse City and Borough of Sitka for
any damage to City and Borough of Sitka�s property
caused by Buyer�s or Buyer Agent�s removal of auction item(s) from the
premises. No maintenance may be performed on City and
Borough of Sitka property.
Abandonment
of Item. Auction
items paid for but not picked up within the specified time will be stored for
15 days from the last date of available pickup. At the expiration of the 15-day
period, the item will be deemed abandoned and may be auctioned again.
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, City and Borough
of Sitka will refund any money paid. The liability of City
and Borough of Sitka shall not exceed the actual purchase price of the
property.
Vehicle
Titles. City
and Borough of Sitka 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. City and
Borough of Sitka will not issue replacement titles.
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, Public
Surplus may retain Buyer�s bid deposit and exercise such rights and pursue such
remedies as are provided by law.
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.
*THESE
TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*