TERMS AND CONDITIONS
Guarantee
Waiver. All property is offered for
sale as-is, where-is. City of Wharton 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. City of Wharton 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 City of Wharton confirms that the property does not conform to the
description, City of Wharton will keep the property and refund any money
paid. The liability of City of Wharton 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. City of Wharton 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. Public Processing, LLC.
a third-party payment processing company, receives all
payments for City of Wharton.
Payment for an awarded item must be received within five (5) business
days after the Notice of Award of the successful bid.
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 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.
Pick-Up
Procedures
1. You will be notified upon receipt of
payment. You may then contact the
responsible party listed for the auction item 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
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 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.
Bid Deposits. City of
Wharton 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.
Buyers Premium.
A Buyers Premium may be added to the final sale price
with a $1 minimum charge per auction to collect payment. If added, 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 of Wharton may collect sales tax,
unless the Buyer has provided a valid tax-exempt certificate to City of Wharton prior to payment. If
applicable, the sales tax will be visible during the bidding process and will
be included in the payment specified.
Removal. Buyer must remove auction item(s) from the agency premises within ten (10) business days after the time and date of
issuance of the Notice of Award. If the Buyer,
after making payment for an item, fails to remove the item 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 of 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 of Wharton assume responsibility for
packing, loading or transporting. For
additional information, please contact Contact
Name, (123) 456-7890, email@agency.com.
Vehicle
Titles. City of Wharton 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. City of Wharton 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 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, City of Wharton 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 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.