CITY OF MESA, ARIZONA
ONLINE AUCTION AND PAYMENT TERMS AND CONDITIONS
Auction: Everyone wishing to participate in a City of Mesa ("City") online auction must, prior to bidding, read and agree to the terms in this Online Auction and Payment Terms and Conditions ("Terms and Conditions"). All auctions shall be conducted by PublicSurplus.com.
Bidders: It is in the public's best interest for the City to receive the highest sale price possible for the sale of City-owned items ("Item(s)"). Therefore, anyone 18 years old or older may bid on any Item, including City employees, agents, and appointed and elected officials. Bidders shall be solely responsible for all aspects of their bids.
Award: At the time the auctioneer awards sale of an Item to bidder, a legally binding contract is established between the City and the bidder. The City will pursue legal remedies allowed by law against any bidder who fails to make required payment(s). Successful bidders will receive notice of award by email from PublicSurplus.com ("Notice of Award").
Errors and Omissions: It is the intent of the City to provide a reasonably fair and accurate description of any Item for sale in an online auction. However, the City is not responsible for any omissions or errors in the description of Items being offered for sale. Additionally, the City is not responsible for bids, other than accepting those that are actually received. Specifically, the City is not responsible for any transmission or other computer or technical errors, whether the problems are the result of the City's systems or the bidder's system. Potential problems may include, but are not limited to, situations involving bidding and communications to successful bidders.
No Warranty: All Items are offered for sale AS-IS, WHERE-IS. The City makes no guarantees, express or implied. There are no warranties, express or implied as to the condition, usability, merchantability or fitness for any purpose of the Items offered for sale. Most Items offered for sale are used and may contain defects not immediately detectable. The successful bid price will not be adjusted based upon information received or an inspection of the Item after the auction has closed. It shall be the bidder's responsibility to inspect and satisfy himself/herself as to the details and condition of all Items sold and, if necessary, repair/test all Items prior to any use. All sales are final.
Consideration of Bid: The City reserves the right to reject any and all bids and to withdraw any Item from sale prior to auctioneer's award of sale. The City reserves the right to set a minimum bid on any Item. Bid prices and quantities will not be adjusted after an auction results in the award of sale to a successful bidder; the successful bidder shall pay the entire successful bid price and be responsible for removing from City custody all Items awarded to the bidder.
Release of Liability and Indemnification: Bidder, for and on behalf of bidder, bidder's heirs, successors and assigns, completely and irrevocably releases, and shall not hold liable, the City of Mesa, its officials (elected or appointed), directors, officers, employees, agents, insurers, successors and assigns, or any other person or business working for the City, for any damages or injury arising or alleged to have arisen out of the sale, failure to sell, ownership, or use of any Item bid upon or purchased by the bidder. This release from all liability includes direct, indirect, incidental, special, consequential, or exemplary damages or injury, whether or not foreseeable, and at the auction site or any other location while or after the Item is being removed from City custody.
Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold the City of Mesa its officials (elected or appointed), directors, officers, employees, agents, insurers, successors and assigns, or any other person or business working for the City harmless from and against any claim, demand or cause of action arising or alleged to have arisen out of the sale, failure to sell, ownership or use of any Item bid upon or purchased by the bidder, including claims for personal or bodily injury, death or contract damages.
As of the time the Notice of Award is made to the successful bidder, the City disclaims, is released from, and shall not be responsible for Items purchased without regard to the date they are paid for and removed from the City's possession. This includes insurance, bailment and other issues which are otherwise associated with property ownership and/or possession. The City will take reasonable steps to maintain the Items in same condition as at the time an Item is place for sale in an online auction. An Item will be available for pick-up by the successful bidder for ten (10) business days after an auction closes. The City is not responsible for accidental or inadvertent damage to the Items or the actions of third parties.
Payment: PayMac, a third-party payment processing company, receives and processes ALL payments for the City. Payment may only be made online by credit card, or by wire transfer. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED!
Credit Cards: Payments in amount up to $4,000.00 per transaction may be made by credit card. For payments larger than this amount, a Wire Transfer must be used to pay for an Item. Credit card bidders must login to the Public Surplus website. Bidders must click on "My Stuff" and then click on "Past Bids". Then click on the description of the bidder's successful auction and then click on the "Pay Online" link located on the right hand side of the screen. Thereafter, successful bidders should follow the steps outlined in order to complete the transaction. A receipt will be emailed once the payment has cleared.
Wire Transfers: For payments over $4,000.00, a Wire Transfer is required. If bidders 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. Please follow them exactly to allow for prompt payment. Wire transfer can take up to two (2) business days to be received and posted. Do not attempt to pick-up an awarded Item until notification that the wire transfer has been received has been provided.
Sales Tax: Applicable sales tax will be added to the amount due unless the bidder provides a valid tax-exempt certificate to the City prior to payment.
Partial Payments: There will be NO partial payments allowed. All auctions must be paid in full through the selected payment process. For example, a successful bidder WILL NOT be permitted to pay for an auction Item partially by credit card with the remainder by wire transfer.
Item Removal: Buyer must remove auction Items from the City's 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, City reserves the right: (1) to retain all payments; and (2) to dispose of the Item in any manner that the City deems fit, including by selling the Item through another auction or otherwise. Successful bidders are responsible for packing, loading, removing and transporting of all Items awarded to them from the location where the Item is stored as indicated on the Public Surplus website and in the Notice of Award. The Buyer must make all arrangements and perform all work necessary, including packing, loading and transporting of the Item. Under no circumstances will the City assume responsibility for packing, loading or transporting of an Item.
Removal Procedure: Successful bidders will be notified upon receipt of payment by email from PublicSurplus.com ("Paid Receipt"). The successful bidder is responsible for scheduling an appointment for a mutually convenient pick-up time. Pickup hour will vary by pickup locations. Items may be picked up by appointment only. Bidders must bring the following to the pick-up location in order to retrieve an Item: (1) the Notice of Award; (2) a signed copy of the Terms and Conditions; (3) the Paid Receipt; and (4) personal identification (such as a Driver's License). To schedule an appointment, please contact the auction contact. Only the successful bidder shall be permitted to remove awarded Items from City premises. All four of the aforementioned identification documents must be presented at the scheduled pick-up, or the auction Item(s) will not be released.
Default: Default shall include: (1) failure to observe the Terms and Conditions; (2) failure to make good and timely payment; or (3) failure to remove all Items within the specified time. Default by a bidder may result in termination of the contract and suspension from participation in all future sales hosted by PublicSurplus.com until the default has been cured. If a bidder fails in the performance of any obligations, the City may exercise any such rights and may pursue such remedies as are provided by law.
Additional Terms: Any provision required by the laws of the State of Arizona to be in the Terms and Conditions is included as if fully set forth herein. If any of the provisions of the Terms and Conditions are determined to be void, voidable, or otherwise unenforceable by a court of competent jurisdiction, then all remaining provisions shall continue to be effective. Bidders agree that the Terms and Conditions shall be interpreted, governed by and construed in accordance with the substantive and procedural laws of the State of Arizona, without regard to conflicts of law principles. Bidder agrees that any action, suit, or proceeding arising out of or relating to the Terms and Conditions or the bidding process, sale, or failure to sell any Item shall be initiated and prosecuted in a state or federal court of competent jurisdiction located in Maricopa County, Arizona, and bidder irrevocably submits to the jurisdiction and venue of such court.
Acceptance of Terms and Conditions: By submitting a bid, the bidder agrees that they have read, fully understand and accept the Terms and Conditions, and agree to pay for and remove an Item in accordance with its terms, if the bidder is awarded an Item.
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