Arizona Public Service
ONLINE SALES TERMS AND CONDITIONS
Contract. An award of sale is a contract between the winning bidder and Arizona Public Service upon the terms and conditions set forth herein. Arizona Public Service may pursue all legal remedies allowed by law against any bidder who fails to make payment for a winning bid.
Guarantee Waiver. All property is offered for sale as-is, where-is. Arizona Public Service 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 or state safety standard. Buyers should inspect and, if necessary, repair/test all items prior to any use. 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.
No Description Warranty. Arizona Public Service is not responsible for any omissions or errors in description of items being offered for sale. It shall be the bidder's responsibility to inspect and satisfy him or herself as to the details and conditions of the item offered before entering a bid. The Agency does not attest to the authenticity of any item.
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.
Indemnification. Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold Arizona Public Service harmless from and against any claim, demand or cause of action arising or alleged to have arisen out of (a) bidder's purchase, possession, handling, transport, resale, or use of the property bid upon and/or purchased, (b) any personal injury, death, or property damage arising from or related to such property, or (c) bidder's breach of these terms. This section shall survive completion of the sale.
Consideration of Bid. Arizona Public Service 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, Arizona Public Service reserves the right to sell the auction item to the next highest bidder, relist the item for auction, or otherwise dispose of the item at Arizona Public Service's discretion.
Notice of Award. Successful bidders will receive a Notice of Award by email from PublicSurplus.com
Payment. PayMac Inc. a third-party payment processing company, receives all payments for Arizona Public Service. Payment for an awarded item must be received within five (5) business days after the date of the Notice of Award of the successful bid.
Third-Party Payment Processor. Arizona Public Service shall have no liability for the acts or omissions of any third-party payment providers, including PayMac, Inc. Payment shall be deemed received only upon confirmation by Arizona Public Service. Buyer assumes all risks associated with payment processing, including delays and chargebacks.
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
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 Arizona Public Service 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.
Shipping. We cannot ship any item(s). It will be your responsibility to follow the Third-Party Pick-Up Procedures above to ensure that your item is released.
Bid Deposits. Arizona Public Service 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.
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. Arizona Public Service may collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to Arizona Public Service 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 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 Arizona Public Service assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse Arizona Public Service for any damage to Arizona Public Service's property caused by Buyer's or Buyer Agent's removal of auction item(s) from the premises. No maintenance may be performed on Arizona Public Service property.
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, Arizona Public Service will refund any money paid.
Limitation of Liability. To the maximum extent permitted by law, Arizona Public Service shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of use, or business interruption, arising out of or related to the sale or use of any property. Arizona Public Service's total liability for any claim arising out of or related to any sale shall not exceed the amount actually paid by buyer for the applicable item.
Vehicle Titles. Arizona Public Service 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. Arizona Public Service will not issue replacement titles.
Title; No Warranty of Title. Arizona Public Service conveys only such right, title, and interest, if any, as Arizona Public Service may have in the property. Arizona Public Service makes no representation or warranty regarding title, clearance of liens, or encumbrances. Title and risk of loss shall transfer to buyer upon the earlier of (a) payment in full, or (b) issuance of notice of award.
Data and Cybersecurity. Property may contain data or information stored on or within the equipment. Arizona Public Service makes no representation or warranty that any data has been removed or rendered inaccessible. Buyer assumes all risk associated with access to, use of, or exposure to any such data. Arizona Public Service shall have no liability for any data breach, loss, disclosure, or misuse arising from the property.
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, Arizona Public Service may retain Buyer's bid deposit and exercise such rights and 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.
No Assignment. Buyer may not assign or transfer its rights or obligations without the prior written consent of Arizona Public Service. Any attempted assignment in violation of this section shall be void.
Governing Law; Venue. These terms shall be governed by the laws of the State of Arizona, without regard to conflict of law principles. Any action or proceeding arising out of or related to these terms shall be brought exclusively in the State or federal courts located in Maricopa County, Arizona, and the parties irrevocably submit to such jurisdiction.
Entire Agreement; No Reliance. These terms constitute the entire agreement between Arizona Public Service and Buyer with respect to the subject matter hereof and supersede all prior or contemporaneous communications. Buyer acknowledges that it has not relied on nay representation not expressly set forth herein.
*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*