CITY OF
TERMS AND CONDITIONS OF ONLINE SALES
Guarantee Waiver The surplus property is
sold and conveyed "AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT
REPRESENTATION OR WARRANTY�. The description of surplus property offered for
sale has been compiled from available data, but there is no guarantee or
warranty on the part of City of
Items are offered for sale using the services and web site of Public Surplus, LLC (www.publicsurplus.com). Under no circumstances will the City 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 the City has been specifically advised of the possibility of such damages or losses.
Inspection The responsibility to determine
the condition of the property rests with the prospective buyer. Prospective buyers
are encouraged to inspect the property prior to bidding, and to place bids
based solely on their personal inspection and evaluation. Prospective buyers will
not be allowed to test, operate or disassemble any item featured in an auction.
Prospective buyers may view and
inspect auction item(s) Monday thru Thursday from 8:00 a.m.-11:30 a.m., and
from 1:00 p.m.-3:00 p.m., by appointment only.
Consideration of Bid The City reserves the right to withdraw any items from the sale, up until the time payment is made in full. �The City reserves the right to set a minimum bid, award by item, groups of items, or total bid; to reject all bids or portions thereof and to make awards, if in its judgment, the best interests of the City will be served. For goods sold in "lot", no "partial" sales will be considered. Each bid is received with the understanding that the acceptance by the City of the offer to purchase any or all of the items described therein shall constitute a contract between the buyer and the City.
Surcharge A seven percent (7%) surcharge shall be added to the dollar amount of all successful bids. The surcharge is the cost to the City for the utilization of the third-party Web site provider. The buyer shall add and include the surcharge amount when making payment to the City.
Notice of Award Notification will be provided by Public Surplus, LLC, via e-mail to the successful buyer.
Payment No refunds or adjustments will be made on any award(s). Buyer will be required to remit payment within seven (7) business days from date of notice to award and pick up / remove awarded items ten (ten business days from date of payment.� Payment may be made by appointment only, Monday thru Thursday from 8:00 a.m.-12:30 a.m., and from 2:00 p.m.-3:00 p.m.
Payment Terms Cash (
Taxes County of San Bernardino sales tax of eight percent (8.0%) shall be added to all non-DMV registered purchases made. The buyer shall add and include the sales tax amount when making payment to the City. Buyers purchasing for resale shall provide a copy of their Seller's Permit to the City with their payment. For DMV registered equipment purchases, buyer will pay sales tax to the Department of Motor Vehicles upon registration of the equipment.
Removal No service of any kind will be furnished by the City and the buyer shall assume any cost of weighing, packaging, crating, loading, shipping or hauling, unless otherwise indicated. Successful buyer will be directed to storage location upon payment for pick-up of property, and remove property within ten (10) working days from payment date. Failure to remove the property within said period may result in the property being re-sold. No property may be removed by the buyer prior to making full payment. Pick-up hours are by appointment only. Buyer will be required to show identification and receipt for payment at the time property is picked up.
Liability After Award The buyer assumes all liability and responsibility for the property, and risk of loss passes to buyer, after the award is made. The City will exercise normal care for protection up to the time for removal, but will not be responsible for any loss or damage whatsoever unless caused solely by the negligent or wrongful acts of the City. In such event, buyer's sole remedy shall be to receive a refund.
Vehicle Sales Upon receipt of payment, City will provide the buyer with the vehicle title and the California Department of Motor Vehicles Vehicle/Vessel Transfer and Reassignment Form. Titles may be subject to any restrictions as indicated in the item description on the website. City will not issue replacement titles. Buyer is required to remit payment within seven (7) working days from date of notice of award, and remove vehicle within ten (10) working days from payment date. Vehicles not removed by the deadline are subject to a storage fee of $50 per day for each calendar day delayed. Buyer is responsible for following all Department of Motor Vehicle regulations for the transfer of vehicle title and registration. Unless otherwise agreed upon in writing by City and buyer, vehicles not picked up within five (5) days of the expiration of said ten (10) day period, shall be deemed abandoned by the buyer and shall be subject to resale by the City. All sums paid by the buyer shall be credited toward storage fees owed, and the balance, if any, shall be forfeited.
Diesel-Fueled Vehicle Sales� In
accordance with Title 13, California Code of Regulations, Section 2022.1(b)(5),
sales of medium and heavy duty on-road diesel-fueled vehicles must be sold,
registered and operated outside of the State of California.� Therefore, the City will require the buyer�s identification
information to complete the required State of
Default Default shall include any (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 a buyer fails in the performance of buyer's obligations, the City may exercise any and all such rights and may pursue any remedies as are provided by law. If the buyer is in default, the property purchased may be promptly re-sold in such manner as the City may elect.
Acceptance of Terms and Conditions By submitting a bid, the prospective buyer agrees that he/she has read, fully understands and accepts 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.
Applicable Law Any contract resulting
from an online bid for the equipment and/or vehicle(s) will be governed by the
laws of the State of