ONLINE SALES - TERMS AND CONDITIONS
Guarantee waiver: All
property (including vehicles) is offered for sale AS IS, WHERE IS,
and with all faults, if any, with no warranty or guarantee of any
kind, expressed or implied, as to its fitness for any use or purpose,
or its compliance with safety regulations applicable to the property
being sold. By bidding, the buyer agrees to indemnify and hold
harmless the City of Pismo Beach, its officials, employees and
agents, from and against any and all damages, injuries, and/or causes
of action of whatever description, which involve or relate to the
property offered in this auction, occurring subsequent to the
commencement date of this auction. 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 Pismo Beach 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 from
City property. If City of Pismo Beach confirms that the property does
not conform to the description, City of Pismo Beach will keep the
property and refund any money paid. This is the Buyer's sole remedy,
and the liability of City of Pismo Beach 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 Pismo Beach reserves
the right to reject any and all bids and to withdraw from sale any of
the items listed without advance notice, and regardless of whether
bids have been received or not.
Notice of Award.
Successful bidders will receive a Notice of Award by email from
PublicSurplus.com
Payment. PayMac, a
third-party payment processing company, receives all payments for
City of Pismo Beach . 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 "My
Stuff" and then click on "Past Bids". Click on the
description of the auction and then click on "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's 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's e-mail address used for
the auction stating that you are authorized to pick-up the item.
Bid
Deposits. City of Pismo Beach 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 will 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 Pismo Beach may collect sales tax, unless the Buyer
has provided a valid tax-exempt certificate to City of Pismo Beach
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 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, the City of Pismo Beach 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
Pismo Beach assume responsibility for packing, loading or
transporting. For additional information, please contact Paula
Reitsma, (805) 773-7453, preitsma@pismobeach.org.
Vehicle
Titles. City of Pismo Beach 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 Pismo Beach will not issue replacement
titles.
Indemnification. Buyers agree to indemnify and hold
harmless The City of Pismo Beach for any and all damages, claims or
liability of any nature or kind in the sale of, or the buyer's use
of, the property. The buyer, its predecessors, successors and assigns
hereby release, relinquish and discharge the City of Pismo Beach, its
former, present and future agents, employees, officers, officials and
legal representatives (collectively known as "the City")
from any liability arising out of the sale and/or concurrent
negligence of the City for any injury, including death or damage to
persons or property, where such damage is sustained in connection
with, or arising out of, the sale or use of the property.
Vehicle
Sales. The City of Pismo Beach does not warrant conformity of
vehicles to the requirements of the California Vehicle Code. Pursuant
to California Vehicle Code 24007.5 notice is given that all buyers of
vehicles must obtain a certificate of compliance for smog control
devices prior to registration. The document certifies the vehicle
complies with applicable Health and Safety Code requirements.
Purchases by dealers and vehicles sold for dismantling or for
exclusive off-highway use are exempt from this requirement.
Upon receipt of
payment, City of Pismo Beach 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 of Pismo Beach will not issue replacement titles. Buyer is
responsible for following all Department of Motor Vehicle regulations
for the transfer of vehicle title and registration. All smog-related
repairs and certifications for vehicles, when applicable, are the
sole responsibility of the buyer as outlined in California Vehicle
Code, Division 12, Section 24007.5(g).
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 Pismo Beach 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.