CITY OF LODI TERMS
AND CONDITIONS
FOR USE ON PUBLICSURPLUS.com AUCTION
WEBSITE
1. General: Items are offered for sale by the City
of Lodi, a California municipal corporation, identified herein as the
"City". For purposes of offering surplus property for sale
City is utilizing the services of PublicSurplus.com, a third-party
online auction services contractor and its web site.
PublicSurplus.com is not affiliated with the City and City makes no
representation regarding its business practices. Those submitting
bids are identified herein as "bidder(s)" or
"buyer(s)".
2. Eligibility: A buyer must be a
minimum of 18 years old and legally competent to enter into binding
contracts to submit bids through PublicSurplus.com.
3.
Viewing: The City does not offer viewing/inspection. NO ONE allowed
onsite.
4. Inspection: The responsibility to determine the
condition of the surplus property rests with the bidder. Prospective
bidders are encouraged to inspect the surplus property prior to
bidding, and to place bids based solely on their personal inspection
and evaluation of the property. Prospective bidders will not be
allowed to test, operate or disassemble any surplus property featured
in an auction. Most surplus property offered for sale is used and may
contain defects not immediately visible or detectable. Bidders must
adhere to the inspection dates and times indicated in the surplus
property description or contact the person listed in the online
description to schedule an inspection. Direct contact with City of
Lodi employees, other than the stated contact person, is prohibited
except with the foreknowledge and permission of the Fleet&
Facilities Manager (for vehicles/equipment) or the Budget Manager
(for other surplus City property), or his/her designee.
5.
Warranty: All equipment will be sold "as is", "where
is", and "with all faults, if any", and without
representation or warranty. The City disclaims all warranties or
guarantees, expressed or implied, as to the condition, quality,
completeness or fitness for any particular or general purpose or
compliance to safety regulations of the equipment being sold.
Descriptions of items appearing in this online auction are believed
to be correct. However, neither those descriptions, nor any oral
statements made concerning any item, shall be considered as a
warranty, expressed or implied, or as an opinion of merchantability
of the surplus property subject to auction.
THE CITY
OFFERS NO GUARANTEES OR WARRANTIES REGARDING ITS SURPLUS PROPERTY.
DETERMINATION OF CONDITION, FUNCTION, AND PERCEIVED OR ASSUMED VALUE
IS THE SOLE RESPONSIBILTY OF THE BUYER. ALL SALES ARE FINAL.
6.
Consideration of Bid: The City reserves the right to reject any and
all bids and to withdraw from sale any of the surplus property listed
for auction on the PublicSurplus.com website.
7.
Notice of Award: Award will be made to the highest responsive,
qualified bidder. Successful bidders will receive a Notice of Award
by e-mail from PublicSurplus.com.
8. Ownership: At the
close of the auction, the highest responsive and qualified bidder is
deemed to have entered into a binding contract with the City, and is
obligated to pay the amount bid (plus taxes and fees, if any).
Placing the winning bid, but not paying for the surplus property
which was the subject of the bid is illegal in most states, and may
result in criminal prosecution. The winning bid cannot be retracted
unless there is fault of the part of the City, for example,
typographical or other material error in the description or
representation of the surplus property that is the subject of the
successful bid.
Surplus property subject to a winning
bid must be removed from the City's MSC Warehouse or designated
location within ten (10) business days of the date of the Notice of
Award. However, no surplus property may be claimed or removed prior
to the bidder making full payment to City. If surplus property is
unclaimed by a winning bidder, the City reserves the right to
re-auction or award the surplus property to the next highest
responsive and qualified bidder as deemed appropriate by City.
A
winning bidder that fails to pay for the surplus property by the
close of business on the 5th business day after the date of the
Notice of Award, and/or fails to claim and remove the surplus
property from the City's MSC Warehouse by the close of business on
the 10th business day after the date of the Notice of Award, shall
forfeit all rights to the surplus property that was the subject of
their bid, and be declared a default bidder.
The City
may ban a default bidder from participating in City's future online
auction events. In the event any surplus property goes into default,
all items in which the bidder was the successful bidder shall go into
default and the surplus property at issue will be subject to
re-auction or sale by City. Bidders should verify their status as a
successful bidder before traveling to the City's location to claim
surplus property.
9. Payment: Payment for awarded
surplus property must be made by cash, cashier's check, money order,
or certified check made payable to the City of Lodi, and delivered or
mailed to the City of Lodi's Finance Department, 310 W. Elm St Lodi,
CA, 95240, together with the e-mailed Notice of Award and proof of
identity (Drivers License, DMV ID or other government issued photo
identification). Payments are accepted from 8:00 AM to 5:00 PM,
Monday through Friday, excluding holidays.
Payment
must be made within five (5) business days of the date of the Notice
of Award and removal of the surplus property from City facilities
must be within ten (10) business days from the date of the Notice of
Award.
All sales are final and are subject to
applicable State/Local Sales and/or Use Taxes, currently 8.25%, on
non-vehicles, unless the buyer provides a valid tax-exempt
certificate at the time of payment.
The City cashier
will issue a (Paid Receipt). If payment is made by mail, send
payment, a copy of the Notice of Award, proof of identity (copy of
Drivers License, DMV ID or other government issued photo
identification), along with a stamped, self-addressed envelope, to
the City of LodiÃ*s Finance Department, PO Box 3006, Lodi, CA,
95241-1910. When payment is received the Paid Receipt will be mailed
to the buyer.
Once payment is made, the bidder may
contact the designated City employee and arrange for a mutually
convenient pick up time/date of the surplus property.
10.
Shipping: Unless otherwise noted, all surplus property sold by City
must be picked up at the MSC Warehouse. The City is not equipped to
ship items, or prepare items for shipping. Buyers will be solely
responsible for pick-up or shipping arrangements and perform all work
necessary, including packing, loading, and transportation of the
surplus property, and bear all associated costs. The City will not be
responsible for surplus property after buyer, or buyerÃ?*s
designated shipper, takes possession. The buyer must allow sufficient
time to load items into vehicles before close of business for the
City location at which surplus property is claimed.
11.
Claiming Surplus Property: Buyer must bring the (Notice of Award) and
the (Paid Receipt) and Personal Identification (Drivers License, DMV
ID or other government issued photo identification) to the CityÃ*s
designated pick-up location. The City employee releasing the surplus
property will not release property without the described
documentation.
If an individual is claiming an item on
behalf of someone else, they will need all of the items listed in the
previous paragraph (photo copies are acceptable), in addition to a
statement from the designated (winning bidder) specifically naming
the claiming party as the bidders authorized representative. The
authorized representative will also be required to show appropriate
personal identification (Drivers License, DMV ID or other government
issued photo identification).
12. Indemnification:
Buyers agree to indemnify and hold City harmless for any and all
damages, claims, or liability of any nature or kind in the sale of,
or the buyer's use of, the surplus property acquired from City. The
buyer, its predecessors, successors and assigns hereby release,
relinquish and discharge the City, its former, present and future
agents, employees, officers, elected and appointed officials and
legal representatives (collectively the City) from any liability
arising out of the sale and/or concurrent negligence of the City for
any injury, including death or damage to persons or property, where
such death or damage is sustained in connection with, or arising out
of, the sale of City owned surplus property on the PublicSurplus.com
website.
13. Liability: Items are offered for sale using the
services and web site of PublicSurplus.com. Under no circumstances
will the City 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
PublicSurplus.com web site, or any other web site to which the site
is linked, the content of such web sites, or any viruses or other
harmful components derived from any such web sites, including,
without limitation, any lost profits, revenue, or use, business
interruption, or loss of computer programs or information, whether of
not the City has been specifically advised of the possibility of such
damages of losses. The City strives to make the online auction system
as accurate as possible; however, errors and equipment malfunctions
are possible and may occur without notice. In case of malfunctions of
hardware or software, the City reserves the right to cancel any sale,
even if an award notification e-mail has been received by a bidder.
The City cannot and will not guarantee uninterrupted access to the
PublicSurplus.com website..
14. Reproduction of Auction
Materials and Resale of Surplus Property: Bidders or
PublicSurplus.com website users may reproduce or copy images,
photographs, or descriptions of CityÃ*s listings of its surplus
property for personal use only. Bidders and PublicSurplus.com website
users may not reproduce, display, or broadcast online auction
materials by any means, or by using any media, without the express
written permission of the City. The City reserves the right to
disallow participation in the online auction by any website user or
bidders at any time for violating applicable laws, ordinances, terms
and conditions listed here, or for activity deemed unacceptable by
the City. Before paying for and taking possession of the items listed
for sale by the City, successful bidders and website users shall not
post or list the same items for sale by any other means. Please be
advised that the City auction staff report suspected fraud or
criminal activity to the proper authorities.
15. Title
to Vehicles and Equipment: The City will issue a title or
certification of ownership, as appropriate, upon release of an item
to the successful bidder. Title or certification may be subject to
restrictions as indicated in the item description posted on the
PublicSurplus.com website. NOTE: Some of CityÃ*s vehicles/equipment
may be restricted from registration within the State of California
and can only be sold to out of state buyers.
16.
Privacy: The City gathers information from bidders for the purpose of
determining which bidder qualifies as the highest, responsive,
qualified bidder on a particular item of surplus property. Personal
information is not sold or rented by City. Personal information is
used for the purpose of conducting the online auction of CityÃ*s
surplus property and not used for any other purpose. Bidders however
are advised that transactions concerning the CityÃ*s auction of
surplus property may be subject to disclosure under the California
Public Records Act.
17. Applicable Law and Venue:
Although the PublicSurplus.com website may be accessed from any
location, bidders who participate in the auction of CityÃ*s surplus
property agree that the laws of the State of California shall govern
all matters relating to the use of the auction website as it may
pertain to City and the bidding on or purchase of the CityÃ*s
surplus property on this website. Buyer agrees to comply with all
applicable federal, state and local laws and regulations as may be
applicable to the bidding and purchase of the surplus property
offered by City. Any contract resulting from sale of CityÃ*s surplus
property from the PublicSurplus.com website shall be governed in all
respects by the laws of the State of California, County of San
Joaquin, and buyer agrees and acknowledges that any litigation with
respect thereto shall be brought in the San Joaquin County court of
competent jurisdiction.
18. Default: Default by a
bidder shall include (1) failure of bidder to observe these terms and
conditions; (2) failure of bidder to make good and timely payment; or
(3) failure of bidder to claim and remove all purchased surplus
property from City facilities within the specified time. Default may
result in termination of the contract for sale and purchase and/or
bidders suspension from participating in all future sales conducted
by City until the default has been cured as determined in the sole
discretion of City. Should the Buyer fail in the performance of its
obligations under these Terms and Conditions, the City may re-auction
of sell the surplus property at issue in any manner as may be deemed
appropriate by City or exercise such rights and may pursue such
remedies as are provided by law, including charging the defaulting
bidder with any loss or additional costs that may be incurred by City
as a result of the default.
19. Acceptance of Terms
and Conditions: By submitting a bid, bidder agrees that he/she has
read, fully understands and accepts the foregoing Terms and
Conditions for auction sales of Cities surplus property, utilizing
the PublicSurplus.com website, and agrees to pay the City for and
remove the surplus property from City premises, if the bid is
accepted (acknowledged by issuance of a Notice of Award), by the
dates and times specified herein.
Fleet & Facilities
Manager Budget Manager
Fleet & Facilities Division, Public
Works Department Internal Services-Budget Division
PO Box 3006 PO
Box 3006
Lodi, CA. 95241-1910 Lodi, CA. 95241-1910
(209)
333-6800, ext. 2690 (209) 333-6800, ext. 6708
