ONLINE SALES - TERMS AND CONDITIONS
Guarantee Waiver
All property is offered for sale "as-is, where-is." Modesto Irrigation District makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. The Buyer is not entitled to any payment for loss of profit or any other money damages - special, direct, indirect, or consequential.
Description Warranty
Modesto Irrigation District 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 Modesto Irrigation District confirms that the property does not conform to the description, Modesto Irrigation District will keep the property and refund any money paid. The liability of Modesto Irrigation District shall not exceed the actual purchase price of the property. 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.
Consideration of Bid
Modesto Irrigation District reserves the right to reject any and all bids and to withdraw from sale any of the items listed.
Notice of Award
Successful bidders will receive a Notice of Award by email from PublicSurplus.com
Payment
PayMac, collects all payments for Modesto Irrigation District.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.
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 Transfer.
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. We accept all major credit cards, PayPal and e-Checks.
Partial Payment
There will be NO partial payments of an auction allowed. All auctions must be paid in full per payment process used per auction. 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.
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.
Bid Deposits
Modesto Irrigation District may require bid deposits in order to ensure fairness and equity to all buyers as a way to decrease default bidding. The deposit will be reversed if no default occurs or the bidder does not win the auction. Public Surplus will retain the deposit if there is a default by the winning bidder.
Buyers Premium
A 10% Buyer Premium will be added to the final sale price with a $1 minimum charge per auction to collect payment.
Removal
Buyer must remove auction item(s) from Modesto Irrigation District's premises within 5 business days of notification by Public Surplus of receipt of payment, and within 10 business days from the time and date of issuance of the Notice of Award. Successful bidders are responsible for loading and removal and 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 Modesto Irrigation District assume responsibility for packing, loading or shipping. Property may be removed between the hours of 8am and 4pm, Monday through Friday, excluding legal holidays.
Vehicle Titles
Modesto Irrigation District 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. Modesto Irrigation District will not issue replacement titles.
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 its obligations, Modesto Irrigation District may exercise such rights and may pursue such remedies as are provided by law.
Acceptance of Terms and Conditions
By submitting a bid, the bidder agrees that it has read, fully understand and accept these Terms and Conditions of Online Sales, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified.
TAXES & CERTIFICATES: PROPERTY TAXES and / or USE TAX and / or VALUE TAX may or may not be due on some or all vehicles. It is the responsibility of the Buyer to pay those taxes before licensing the vehicles. Smog certification within California or any other state is responsibility of Buyer. Roadworthiness is not guaranteed. The Modesto Irrigation District is NOT responsible for back taxes, registration, or any penalties due.
HOLD HARMLESS
Bidders hereby agree to hold harmless the seller, its agents, Modesto Irrigation District, its agents, employees, for any or all omissions or errors. Bidders are responsible for closely checking each item. Buyer must understand that he/she is buying the property entirely upon his/her own examination, evaluation, or opinion. The Modesto Irrigation District and/or seller assume no responsibility for any accidents on Modesto Irrigation District's property or other property.
Portable Equipment Regulation
"When operated in California, any portable diesel engine may be subject to the
California Air Resources Board Airborne Toxic Control Measure For Diesel Particulate
Matter From Portable Engines Rated At 50 Horsepower And Greater. It therefore
could be subject to retrofit or accelerated turnover requirements to reduce emissions
of air pollutants. For more information, please visit the California Air Resources Board
website at https://www.arb.ca.gov/portable/portable.htm."
Off Road and Truck and Bus Regulations
"Any on-road heavy-duty diesel, alternative-diesel, or off-road diesel vehicle, operated in California, may be subject to the California Air Resources Board In-Use On-Road (Truck and Bus) or In-Use Off-Road Diesel Vehicle Regulations. It therefore could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board websites at http://www.arb.ca.gov/dieseltruck for the Truck and Bus Regulation or http://arb.ca.gov/offroadzone for the Off-Road Regulation."