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Navajo County Terms and Conditions

ONLINE SALES - TERMS AND CONDITIONS

Guarantee Waiver. All property is offered for sale "as-is, where-is." Navajo County 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. Navajo County 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 Navajo County confirms that the property does not conform to the description, the County will keep the property and refund purchase price of the item. The liability of County 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. Items are offered for sale using the services and Web site of Public Surplus LLC (www.publicsurplus.com). Under no circumstances will Navajo 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, 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, even if Navajo County has been specifically advised of the possibility of such damages or losses.

Indemnification. Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold Navajo County 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. Navajo County reserves the right to reject any and all bids and to withdraw from sale any of the items listed.

Sales Tax. Applicable sales tax of 9.43% will be added to the amount due unless the Buyer has provided a valid tax-exempt certificate to Navajo County PRIOR to payment.

Buyers Certificate. Successful bidders will receive a Notice of Award by email from PublicSurplus.com

Payment. PayMac collects ALL payments for Navajo County. Payment in full is due not later than five (5) calendar days from the time and date of the Notice of Award. Payment shall be in the form of credit/debit card; NO CASH, CHECK OR MONEY ORDERS WILL BE ACCEPTED.

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.

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 you 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, you 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 you need 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 you. Please follow them exactly to ensure prompt payment.

Pick-Up and Third Party Pick-Up Procedures

1. Upon receipt of payment, You will be notified by email sent to the address You provided at registration with Publicsurplus.com. You may then contact Agency name and arrange for a mutually convenient pick-up time. You 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). You must present all three identification items at the scheduled pick-up, or the auction item(s) will not be released to you.

2. 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 picture identification. In addition, you must arrange for the winning bidder to send an e-mail from the winning bidder e-mail address used for the auction, stating that you are authorized to pick-up the item.

Removal. All items must be removed within ten (10) calendar days from the time and date of issuance of the Notice of Award, unless tenth day falls on a Friday, weekend, or legal holiday; then item may be picked up on the next day that is not a Friday, weekend, or legal holiday. Purchases will be released only upon receipt of payment as specified. 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 Navajo County assume responsibility for packing, loading or shipping. Property may be removed between the hours of 7:00 a.m. and 3:00 p.m., Monday through Thursday, excluding legal holidays. For additional information, please contact Heather Bacon (928) 524-4295.

Bid Deposits. Agency name 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.

LIABILITY AFTER AWARD. The purchaser shall assume all liability for the property after the award is made. Navajo County will exercise its normal care for protection up to the time for removal but will not be responsible for any loss or damage whatsoever. No property may be removed by the purchaser prior to making full payment.

Vehicle Titles. Navajo County 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; purchaser must provide a copy of their driverï¿1/2s license at time of title transfer. Navajo County will not issue replacement titles.

DEFAULT. If the purchaser fails to pay for the property within five (5) calendar days, the surplus property purchased may be promptly re-sold in such manner as the County may elect and the defaulting purchaser charged with any loss or additional cost incurred. 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 their obligations, Navajo County 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 they have 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: 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.

*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*