COUNTY OF KAUAʻI
ONLINE SALES REQUIREMENTS
Contract. An award of sale is a contract between the winning bidder and County of Kauaʻi upon the terms and conditions set forth herein. County of Kauaʻi 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” and “where-is”. County of Kauaʻi 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 County of Kauaʻi. 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.
Vehicle Plates. Vehicles are offered without license plates. Successful bidders can obtain license plates from MVR after the item is paid in full and title is issued.
No Description Warranty. County of Kauaʻi is not responsible for any omissions or errors in description of items being offered for sale. It shall be the bidder's responsibility to review photos and item information provided online and satisfy him or herself 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. Inspections will be achieved only by reviewing the posted photos and vehicle information. Bidders may review photos and item information prior to bidding. Questions can be directed to the “Questions” feature located on the right-hand side of the auction item page.
Indemnification. Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold County of Kauaʻi harmless from and against any claim, demand or cause of action arising or alleged to have arisen out of the sale or failure to sell any item of surplus property including claims for personal or bodily injury, death or contract damages.
Consideration of Bid. The County of Kauaʻi or the Division of Purchasing shall not be responsible for late bidding due to a bidders inability to submit an electronic bid caused by, but not limited to, a power outage or Internet Service Provider (ISP) transmission problems. Bids submitted by email, mail, telephone, facsimile transmission or any other forms of communication will not be accepted. County of Kauaʻi 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, County of Kauaʻi 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 County’s discretion.
Notice of Award. Successful bidders will receive a Notice of Award by email from PublicSurplus.com. A copy of the award document shall be presented at time of pick-up.
Payment. PayMac Inc. a third-party payment processing company, receives all payments for County of Kauaʻi. Payment for an awarded item must be received within three (3) business days after the date of 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 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. If a bidder is unable to pay for the item(s) awarded, the bid(s) shall be rejected in its entirety and the bidder disqualified from future auctions.
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, Winning Bidder will be notified by email sent to the address You provided at registration with Publicsurplus.com.
Upon confirmation of payment, A representative from County of Kauaʻi will contact You to 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.
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. County of Kauaʻi may require bid deposits to ensure fairness to all bidders. The deposit will be reversed if no default occurs or if the bidder does not win the auction. However, the deposit will be retained if the winning bidder defaults.
For Non-Winning Bidders:
Return of Funds: The return of funds typically takes 24 to 72 hours, depending on the bidder's bank.
Transaction Type: The deposit is placed as a hold on the bidder’s credit card. However, if a debit card is used, the deposit is processed as a refunded transaction.
For Winning Bidders:
Separate Transaction: The bid deposit is handled separately from the payment for the awarded item. Once Public Surplus receives the final payment, the hold on the credit card will be released. This process generally takes 24 to 72 hours.
Wire Transfer Payments:
Regardless of the payment method used for the final payment, bid deposits are always processed via credit card. Once the wire transfer is received, the bid deposit will be returned
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.
Removal. The Buyer shall be responsible for the removal of the items. Failure to remove the items within the specified time will be cause for forfeiture of the bidder’s rights to the item and allow the County to again auction the item without compensation or benefit to any previous successful bidder. The County of Kauai 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 County of Kauaʻi assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse County of Kauaʻi for any damage to County of Kauaʻi’s property caused by Buyer’s or Buyer Agent’s removal of auction item(s) from the premises. No maintenance may be performed on County of Kauaʻi property. For additional information, please refer to the Auction Contact information located on the left-hand side of the auction item page.
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, County of Kauaʻi will refund any money paid. The liability of County of Kauaʻi shall not exceed the actual purchase price of the property.
Vehicle Titles. County of Kauaʻi 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. County of Kauaʻi 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, County of Kauaʻi 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.
COUNTY OF KAUA`I
GENERAL CONDITIONS
DEFINITION
"COUNTY" means the County of Kaua‘i,
“DESIGNEE / AUTHORIZED REPRESENTATIVE” means the ACPO,
"DIRECTOR" means the Director of Finance of the County of Kaua‘i who is authorized to dispose of all unusable County property,
"DIVISION OF PURCHASING" means the Office of the Division of Purchasing, Department of Finance of the County,
"SUCCESSFUL BIDDER" means the bidder, whose bid has been accepted by the Director or designee.
"UPSET PRICE” is the minimum price that the County will accept for the specific item offered for auction.
INSPECTION
All items to be auctioned are photographed. Photos are available to bidders via Public Surplus auction site. Inspections will be achieved only by reviewing the attached photos and vehicle information document.
CONDITION AND LOCATION OF ARTICLES
Unless otherwise specifically provided herein, all articles are offered for sale "as is" and "where is". The description is based on the best available information. However, the County makes no warranty, expressed or implied, as to quantity or description of any of the articles, or its fitness for any use or purpose.
TITLE OF ARTICLES
Title of the articles shall vest in the successful bidder upon full payment of the bid price. Thereafter, all risks of loss, damage or destruction from any cause whatsoever shall be borne by said bidder.
REMOVAL OF ARTICLES
The successful bidder must remove the articles at his expense and within the period specified or within such additional time as may be allowed by the Director. The successful bidder shall reimburse the County for any damage to County property caused by the removal operation. Should the removal operation be delayed a written application for an extension of time shall be filed with the Director before the expiration of the time permitted for removal expires, setting forth in detail the causes for such delay and the additional time required.
RIGHTS AND REMEDIES OF THE COUNTY
Should the successful bidder fail to remove the articles within the specified time, the County reserves the right to sell the articles and the proceeds shall be credited to the County. In such event, the successful bidder shall forfeit all claims to the articles and shall not be reimbursed for any expenses whatsoever. He shall also forfeit the full amount paid to the County for the sale.
Furthermore, the Director reserves the right to suspend the bidder from bidding on any County sale.
CANCELLATION OF SALE
The Director reserves the right to cancel the sale at any time.
EXAMINATION
It will be conclusively presumed that the bidder has read, examined, and agreed to each and every term, condition, provision, covenant, or agreement in this solicitation.
INTERPRETATION
The meaning of the conditions specified herein will be as interpreted by the Director of Finance or his authorized representative.
REJECTION AND WAIVER
The Director of Finance or authorized representative reserves the right to accept or reject any bid offered and to waive any defects or deviations in said auction proposal, if deemed to be in the best interest of the County and in compliance with Law
*THESE PROCEEDURES ARE SUBJECT TO CHANGE WITHOUT NOTICE