Laramie County Public Works
ONLINE SALES TERMS AND CONDITIONS
Contract. An award of sale is a contract between the winning bidder and Laramie County Public Works upon the terms and conditions set forth herein. BY REGISTERING TO USE THE SITE AND ITS SERVICES AND BY REGISTERING TO BID ON AUCTIONS, ALL BIDDERS ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF BIDDER DO NOT AGREE TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, BIDDER MAY NOT BID ON PROPERTY OFFERED FOR SALE BY LARAMIE COUNTY PUBLIC WORKS. BIDDER AGREE THAT BIDDER HAVE RECEIVED GOOD AND VALUABLE CONSIDERATION IN EXCHANGE FOR ENTERING INTO THIS AGREEMENT.
Guarantee Waiver. All property is offered for sale as-is, where-is, with all faults. Laramie County Public Works sells all property AS-IS WHERE IS, WITH ALL FAULTS without any 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. All Bidders agree that all property being offered for sale by Laramie County Public Works is sold AS-IS and is not represented as being in a road worthy condition, mechanically sound, or maintained at any guaranteed level of quality. Any property, including but not limited to vehicles, may not be fit for use as a means of transportation and may require substantial repairs and expense. Repairing or dismantling vehicles on Laramie County premises is strictly prohibited. All Bidders must arrange to safely and legally remove purchased property from Laramie County’s facility prior to undertaking any repairs or dismantling.
No Description Warranty. Laramie County Public Works is not responsible for any omissions or errors in description of items being offered for sale. Laramie County Public Works expressly disclaims the accuracy or completeness of any and all information provide regarding the property, whether provide in writing, verbal, or digital image form. The description of items being offered for sale is for convenience only. Neither the descriptions, nor any oral statements made concerning any item, shall be considered as a warranty, express or implied.
Laramie County Public Works does not guarantee the keys are available for any vehicle and/or property sold through the auction, regardless of whether keys are present in online images, or were present prior to the time of purchase.
Inspection. Most items offered for sale are used and may contain defects not immediately detectable. Bidders shall not rely on description in deciding whether or how much to bid on an item offered for sale. It shall be the bidder's responsibility to inspect and satisfy him or herself as to the details and conditions of the item offered before entering a bid. It is the sole responsibility of the Bidder to ascertain, confirm, research, inspect, and/or investigate the property prior to bidding on an item. Larmie County does not attest to the authenticity of any item. Prospective bidders are invited to inspect the property prior to bidding, and to place bids based solely on their personal inspection and evaluation. Prospective bidders will not be allowed to test, operate, or disassemble any item featured in an auction.
Indemnification. Bidder and their agents or representatives irrevocably and unconditionally waive and release their rights (if any) to recover from Laramie County and Laramie County Public Works, and their officers, employees, representatives, and elected officials (“Laramie County”) any and all damages, losses, liabilities, costs, expenses, or claims, whether direct or indirect, known or unknown, foreseen or unforeseen, of any nature or kind in the sale of, or the buyers use of, the property. Bidders agree to indemnify, defend and hold harmless Laramie County from any and all damages, losses, liabilities, costs or expenses (including attorneys’ fees) arising from claims made by the Bidder or the Bidder’s agents or representatives arising from or related to: 1) bodily injury or property damage, 2) the Bidder’s failure to comply with applicable laws and/or regulations, 3) the Bidder’s sale or transfer of property to third parties, and 4) claims made against Laramie County by the Bidder’s visitors, agents, employees, representatives, or customers. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL LARAMIE COUNTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTAL DAMAGES OR LOST PROFITS THAT RESULT FROM OR ARE RELATED TO THE SALE, DISTRIBUTION, USE OF, OR INABILITY TO USE, ANY PROPERTY, EVEN IF LARAMIE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The bidder, its predecessors, successors and assigns hereby release, relinquish and discharge Laramie County and Laramie County Public Works, its former, present and future agents, employees, officers officials and legal representatives (collectively known as “Laramie County”) from any liability arising out of the sale and/or concurrent associated actions of Laramie County 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 of Laramie County Owned property.
Eligibility: A Bidder must be a minimum of eighteen (18) years old and legally able to form binding contracts as a buying in an auction.
Laramie County and/or Laramie County Public works reserves the right to disallow participation in the online auction by any web site user or bidders at any time, in its sole discretion for, including but not limited to, violating applicable laws, ordinances, terms and conditions, listed here, or for activity deemed unacceptable by Laramie County Public Works.
Consideration of Bid. Laramie County Public Works reserves the right to reject any and all bids, in its complete and sole discretion. Further, Laramie County Public works reserves the right to withdraw any equipment and/or vehicles from the sale up until the time the sale of the equipment and/or vehicles is awarded.
Reserve Requirement. Laramie County Public Works reserves the right to set a minimum bid on any equipment and/or vehicles. If there is a reserve requirement and the reserve price is not met by the close of bidding, Laramie County Public Works reserves the right to sell the auction item to the next highest bidder, relist the item for auction, or otherwise dispose of the item in Laramie County Public Works’s discretion.
Notice of Award. Successful bidders will receive a Notice of Award by email from PublicSurplus.com
Payment. PayMac Inc. a third-party payment processing company, receives all payments for Laramie County Public Works. 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. If the successful bidder fails to pay for the property within five (5) business days, the property purchased may be promptly re-sold or dispose of in such a manner as Laramie County Public Works may elect.
Payment may only be made online by credit card, or by wire transfer. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED. If Bidder 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 Bidder 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, Bidder 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. If Bidder needs 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 Bidder. Please follow them exactly to ensure prompt payment.
Pick-Up and Third Party Pick-Up Procedures
Upon receipt of payment, Bidder will be notified by email sent to the address Bidder provided at registration with Publicsurplus.com. Bidder may then contact Laramie County Public Works and arrange for a mutually convenient pick-up time. Bidder 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). Bidder must present all three identification items at the scheduled pick-up, or the auction item(s) will not be released to Bidder.
2. If a third party, an agent of Bidder, is picking up an item for Bidder, the third party/agent 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 the third party/agentas authorized representative, along with third party’s/agent’s own personal picture identification. In addition, the third party/agent 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 the third party/agent is authorized to pick-up the item.
Shipping. We cannot ship any item(s). It will be Bidder’s responsibility to follow the Third-Party Pick-Up Procedures above to ensure that Bidder’s item is released.
Bid Deposits. Laramie County Public Works 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. The bid deposit will be visible during the bidding process.
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. Laramie County Public Works may collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to Laramie County Public Works prior to payment. If applicable, the sales tax will be visible during the bidding process and will be included in the payment specified. Any and all taxes, federal state and local, due on the sale of the equipment and/or vehicle(s) shall be paid by the successful bidder.
Removal. No property may be claimed or removed prior to making full payment. Prior to any removal of the property, Laramie County Public Works must receive confirmation, whether by having title in hand or written notice, of title transfer. Should transfer of title take longer than fifteen (15) business days, Buyer shall be granted an extension to remove the property with these terms and conditions remaining in effect. Purchases will be released only upon receipt of payment as specified. Bidders should verify winning status before traveling to Laramie County Public Works Locations.
Buyer must remove auction item(s) from the agency premises within fifteen (15) business days and during Laramie County Public Works business hours after the time and date of issuance of the Notice of Award. Laramie County Public Works is open 6 AM to 4:30 PM, Monday through Thursday. If the Buyer, after making payment for an item, fails to remove the item within the specified time, Laramie Countyreserves the right (1) to retain all payments; and (2) to dispose of the item through another auction or dispose of in its complete and sole discretion.
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. Laramie County shall not be responsible for completing or assisting with any moving, loading, securing, or transferring any property once the property has been purchased by Bidder.
Should an employee, agent or representative of Laramie County or Laramie County Public Works assist the Bidder, in its sole discretion, with any moving, loading, or securing of any property, the Bidder agrees to indemnify, defend and hold harmless Laramie County and Laramie County Public Works from any and all claims, damages, losses, liabilities, obligations, costs and expenses (including attorney’s fees) arising from or related to any assistance provided by a Laramie County employee, agent or representative.
All Bidders agree that all property being offered for sale by Laramie County Public Works is sold AS-IS and is not represented as being in a road worthy condition, mechanically sound, or maintained at any guaranteed level of quality. No warranty of any kind is provided as to any property, including but not limited to fitness for any purpose.
Any property, including but not limited to vehicles, may not be fit for use as a means of transportation and may require substantial repairs and expense. Repairing or dismantling vehicles on Laramie County premises is strictly prohibited. All Bidders must arrange to safely and legally remove purchased property from Laramie County’s facility prior to undertaking any repairs or dismantling.
Once the property is removed from Laramie County’s premises it is accepted AS-IS, and under no circumstances will Laramie County be liable for subsequent claims or damage or loss of any kind or nature whatsoever. In the event Laramie County or Laramie County Public Works is responsible, by a court of competent jurisdiction, damages shall be limited to the lesser of (i) the amount of the diminution in value of the property as reasonably estimated by Laramie County Public Works, or (ii) the auction sale price (in which case the Bidder shall return the property to Laramie County Public Works). Laramie County Public Works may, in its sole discretion, resell the property and the difference between the original sale price and the resale price shall be conclusive as to the amount of diminution of value, if any.
Buyer shall be liable to and reimburse Laramie County Public Works for any damage to Laramie County Public Works’s property caused by Buyer’s or Buyer Agent’s removal of auction item(s) from the premises.
Liability. Items are offered for sale using the services and web site of the online auction services contractor. Under no circumstances will Laramie County 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 web site, or any other web site to which the site is linked, the content of such web sites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information. Laramie County 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, Laramie County reserves the right to cancel any sale, even if an award notification email has been received. Laramie County cannot and will not guarantee uninterrupted access to the auction system.
Vehicle Titles. Once payment confirmation is received by Laramie County Public Works, Laramie County Public Works will email the winning bidder requesting the following information for issuance of any title: Bidder’s name and address, as they want it to appear on the title. Once Laramie County Public Works receives the information from Bidders, Laramie County/Laramie County Public Works shall arrange for transfer of title. Bidder’s new title, subject to any restrictions as indicated in the item description on the website, including but not limited to any “branded” or “salvage” title, if applicable under/or required by law, shall either be handed directly to Bidder, or their agent, at the time of pick up, or sent to Bidder via certified mail.
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 ten (10) business days after the time and date of issuance of the Notice of Award. 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, Laramie County Public Works may, after ten (10) business days after the time and date of issuance of the Notice of Award and failure of the Buyer to pick up/remove the property, retain Buyer’s bid deposit, and retain and resell said property.
Third Parties. The parties do not intend to create in any other individual or entity the status of third-party beneficiary, and this Agreement and this Addendum shall not be construed so as to create such status. The rights, duties and obligations contained in this Agreement and this Addendum shall operate only between the parties to the Agreement and this Addendum, and shall inure solely to the benefit of the parties to this Agreement and this Addendum.
Force Majeure. Neither party shall be liable to perform under this Agreement or this Addendum if such failure arises out of causes beyond control, and without the fault or the negligence of said party. Such causes may include, but are not restricted to, Act of God or the public enemy, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather. In every case, however, a failure to perform must be beyond the control and without the fault or the negligence of said party.
Waiver of Attorney Fees. In the event of any litigation or enforcement arising under, or by virtue of, these Terms and Conditions, Bidders, whether successful or not, agree to waive all claims against Laramie County for attorney’s fees or associated court costs, and agree to refrain form seeing any attorney fees or court costs as part of any award or relief from any court.
Applicable Law and Venue. The Bidder understands and agrees these terms and conditions shall be governed by and interpreted pursuant to the laws of the State of Wyoming. If any dispute arises from or concerning these terms and conditions or the subject matter, hereof, any suit or proceeding at law or in equity shall be brought in the District Court of Wyoming, First Judicial District, sitting at Cheyenne, Wyoming. This provision is not intended nor shall it be construed to waive Laramie County’s governmental immunity as provided in these terms and conditions.
Governmental/Sovereign Immunity. Laramie County does not waive its Governmental/Sovereign Immunity, as provided by any applicable law including Wyo. Stat. § 1-36-101 et seq., by Bidder’s agreement to these terms and conditions. Further, Laramie County retains all immunities and defenses provided by law with regards to any action, whether in tort, contract, or any other theory of law, based on the sale and purchase of the property.
Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, than such provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
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*