TERMS AND CONDITIONS FOR PURCHASE FROM THE CITY OF GUSTINE ON PUBLICSURPLUS.COM
Contract. These terms and conditions shall govern the bidding, purchase, and sale between the City of Gustine, a California municipal corporation ("City" or "Seller"), and any person or organization that bids on items posted by the City on PublicSurplus.com pursuant to its established procedures ("Bidder"), including a winning Bidder ("Buyer"), regarding certain property (collectively, "Agreement"). The effective date of the Agreement shall be the date the Bidder/Buyer accepts these terms and conditions for the property and makes a bid.
PROPERTY
Property. Parties agree that the subject of this Agreement is that property the City listed on PublicSurplus.com ("Property").
No Description Warranty. City is not responsible for any omissions or errors in the description of Property being offered for sale. It shall be the Bidder/Buyer's responsibility to inspect and satisfy themself as to the details and conditions of the item offered before entering a bid. The City does not attest to the authenticity of any item.
Inspection. The Property may contain defects not immediately detectable to the City, Bidders, Buyer, or otherwise. Parties may inspect the Property prior to bidding if the City believes, at its sole discretion, that such opportunity is warranted based on the nature and use of the Property. If such is offered, parties must adhere to the inspection dates and times indicated in the Property description or contact the person listed to schedule an inspection.
Property Sold "As-Is." Buyer accepts the Property "As-Is" as of the date of the execution of this Agreement, without any warranties or representations from City regarding the use, condition, or habitability, as applicable, of the Property. All Property is offered for sale as-is, where-is. City of Gustine 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, state, or local safety standard. Buyer is expressly responsible for inspecting and, if necessary, repair/testing all items prior to any transport or use for any purpose. 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.
Indemnification. Bidders and/or Buyers agree to indemnify, defend (with counsel reasonably approved by City), and hold harmless the City, its authorized officers, agents, employees, members, volunteers, and participants from any and all claims, actions, losses, damages, and/or liability arising out of the bid, sale, purchase, or other transactions related to the subject of this Agreement including the acts, errors, or omissions of any person and for any costs or expenses incurred by the City on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. Bidders and Buyers' indemnification obligation applies to the City's "active" as well as "passive" negligence but does not apply to the City's "sole negligence" or "willful misconduct" within the meaning of California Civil Code Section 2782.
BID AND PAYMENT PROCESS
Consideration of Bid. City 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 reserves the right to sell Property to the next highest Bidder, relist the Property for auction, or otherwise dispose of the item at its sole discretion.
Bid Deposits. City may require bid deposits in order to ensure fairness to all Bidders. The deposit will be reversed if no default occurs or a Bidder does not win the auction. The deposit will be retained if the winning Bidder defaults.
Buyer Premium. A Buyer Premium of 10.5% 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 may collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to City prior to payment. If applicable, the sales tax will be visible during the bidding process and will be included in the payment specified.
Notice of Award. The winning Bidder will receive a Notice of Award by email from PublicSurplus.com to the email indicated in the original bid on the Property.
Payment. PayMac Inc. a third-party payment processing company, receives all payments for City. Full and complete payment for the awarded Property must be received within five (5) business days of the Notice of Award issued via email. NO partial payment is allowed; all bids must be paid in full in one transaction. Failure to meet this timing and content requirement is grounds to cancel the bid in its entirety and the City may select another Bidder/Buyer, keep the Property, or otherwise dispose of it at its sole discretion.
Payment may only be made online by credit card or by wire transfer. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED. If a Bidder chooses 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.com. 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.
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.
PROPERTY RECOVERY
No Shipping. Property may only be picked up in-person. The City will not arrange for or agree to shipping the Property.
Timing. Buyer, or designee, must remove the Property from the City's possession within ten (10) business days from successful payment. If the Buyer, after making payment for the Property, fails to remove it 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 assume responsibility for packing, loading or transporting the Property. Buyer shall be liable to and reimburse City for any damage to City'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 Property.
Personal Pick-Up. Upon receipt of full and timely payment, you will receive email notice of completeness of the sale and be authorized to pick up the Property from the City. To do so, contact City at the direction provided in the Property listing 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 Property will not be released to you.
Third-Party Pick-Up. Buyer may designate a third-party to pick up the Property. To do so, contact the City identifying the third-party by name and arranging a mutually convenient time for pick up. They 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). The Property will not be released if they do not have these.
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 will refund any money paid. The liability of City shall not exceed the actual purchase price of the Property.
Vehicle Titles. City will issue a title or certificate upon pick up with confirmed payment. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. City will not issue replacement titles.
GENERAL
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 the Property within the specified time. Default may result in termination of the Agreement and suspension from participation in all future sales until the default has been cured. If the Buyer fails in the performance of their obligations, City may retain Buyer's bid deposit and exercise such rights and pursue such remedies as are provided by law.
No Waiver of Terms. The delay or failure of City to require performance, compliance, or enforcement of any provision of this Agreement will not be deemed a waiver of those rights to require performance, compliance, or enforcement.
No Assignments Or Subcontracts. Bidder/Buyer may not transfer, assign, or subcontract the provisions of this Agreement without the express written consent of City.
Third Party Beneficiaries. Nothing contained in this Agreement shall be construed to create any rights in third parties and the parties do not intend to create such rights.
Severability. If any word, phrase, clause, sentence, paragraph, section, article, part, or portion of this Agreement is or shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and shall in no way affect or impair the validity of this Amendment or any other portion thereof.
Interpretation And Venue. The headings used herein are for reference only. The terms of the Agreement are set out in the text under the headings. This Agreement shall be governed by the laws of the State of California. Any legal action shall be commenced in the Superior Court for the County of Merced of the U.S. District Court for the Eastern District of California.
Attorneys' Fees And Costs: If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees directly arising from any third party legal action against the City.
Public Records Disclosure, Confidentiality. Bidder/Buyer expressly acknowledges that all City records are public records and subject to disclosure upon request, unless exempt, pursuant to the Public Records Act, Government Code section 7290.000 et seq. In the case of such a request for records related to the Agreement, City shall endeavor to give Bidder/Buyer reasonable notice and opportunity to justify withholding.
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 and agrees to be bounds by them, and, if the bid is accepted, agrees to timely and completely pay for and remove the Property.
*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*