DOUGLAS COUNTY/CITY OF OMAHA PURCHASING - TERMS AND CONDITIONS
Contract. An award of sale is a contract between the winning bidder (hereinafter referred to bidder and/or buyer) and Douglas County/City of Omaha Purchasing (hereinafter "Purchasing") upon the terms and conditions set forth herein. This terms and conditions also apply, as they pertain to them, to any persons making a bid on Purchasing's items regardless of if such persons' bid is a winning bid. Purchasing 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. Purchasing 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.
Inspection. Nearly all items offered for sale are used and may contain defects not immediately detectable. Bidders may inspect the property prior to bidding. A person may arrange to inspect an item, or obtain additional information concerning an item, before the close of auction by contacting the responsible agency and/or person identified in the item listing. All bids shall be final and unconditional, and shall not be subject to inspection of the purchased item or the receipt of additional information concerning the item after the close of auction.
Indemnification. Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold Purchasing 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.
Bidder understands that Purchasing is a joint venture of Douglas County, Nebraska and the City of Omaha and that Purchasing inherits, preserves, and does not waive any legal protections accorded to either entity including sovereign immunity.
Reserve Requirement. If there is a reserve requirement and the reserve price is not met by the close of bidding, Purchasing 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 Purchasing's discretion.
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 Douglas County/City of Omaha Purchasing. 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.
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.
Delivery. ALL SALES ARE FOB PURCHASING'S PREMISES IN THE CITY OF OMAHA. PURCHASING DOES NOT SHIP ITEMS. The Buyer must arrange to take delivery of a purchased item at the Purchasing's premises within twenty (20) calendar days of close of auction. Pickup location is stipulated in the auction documents. Buyers must be prepared to show proof of identity at time of payment and pick up. All sales are subject to Purchasing's confirmation of payment and identity. Pickup times are to be arranged by reserving a time with the responsible agency and/or person identified in the item listing. Pickup must occur during the agency/person's regular business hours. Under no circumstances will a pickup time be arranged on a weekend or holiday. No item will be delivered to a Buyer until the Buyer has made full payment for the item in an acceptable form.
A Buyer picking up an item must provide all labor and equipment required to load and transport the item in a safe manner from Purchasing's premises. Purchasing may, but without assuming any obligation to do so, refuse to permit the loading or removal of an item in a manner that the Purchasing considers to be unsafe. Upon the Buyer's request at the time pickup is arranged, Purchasing may, in its discretion provide assistance for the loading of certain items. A Buyer requiring shipping of a purchased item must arrange pickup, packaging, insurance and delivery with the carrier of the Buyer's choice. Purchasing assumes no responsibility for loss or damage of a purchased item after award and prior to delivery.
All purchased items must be removed from Purchasing's premises not later than twenty (20) calendar days after the close of auction. Starting the twenty first (21) calendar day, a storage fee of 15% of the accepted bid will be assessed for each business day in which the item is not removed. If an item is not removed within thirty (30) calendar days after the close of auction, Purchasing may re-list or dispose of the item, or offer to the next high bidder, without any obligation to refund any amount to the original Buyer. Disposal of ANY items into Purchasing's waste containers is strictly forbidden and may result in legal action being taken. Buyer shall be liable to and reimburse Purchasing for any damage to Purchasing's property caused by Buyer's or Buyer Agent's removal of auction item(s) from the premises. No maintenance may be performed on Purchasing property.
Bid Deposits. Purchasing 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 12% 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. Purchasing may collect 7% sales tax, unless the Buyer has provided a valid tax-exempt certificate to Purchasing prior to payment. If applicable, the sales tax will be visible during the bidding process and will be included in the payment specified.
No Sales of Software. Electronic equipment, such as computers, is not sold with the intention to transfer ownership of any data, software or operating system. Hard drives are formatted or removed. Purchasing is not licensed to sell software and cannot provide software to a Buyer. If residual software exists, it is by oversight.
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, Purchasing will refund any money paid. The liability of Purchasing shall not exceed the actual purchase price of the property.
Vehicle Titles. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. Purchasing will not issue replacement titles. Odometer/Hour meter readings are represented to the best of Purchasing's knowledge. Actual usage of parts, engines, transmissions, etc. may be higher or lower as vehicles have undergone repairs and replacements of vehicle components. Titles for vehicles will be available for pickup with proof of payment.
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, Purchasing may retain Buyer's bid deposit and exercise such rights and pursue such remedies as are provided by law.
Withdrawal of Items. Despite Purchasing's best efforts to avoid withdrawal of items from the sale after they have been advertised or offered, it may become necessary; therefore, the Purchasing reserves the right to remove any, all, or any portion of items from sale or auction.
Dispute. If any dispute arises over price, quantity or between bidders, Purchasing reserves the right to settle any and all such disputes and its decision shall be final. If Purchasing receives two or more equal high bids for a single item, the bid is awarded to the Buyer with the earlier placed bid.
Privacy. Information gathered is used for the purpose of conducing the auction sale and will not be used for any unrelated purpose. Personal information will not be released to any other party, except as required by law.
Web Site Liability. Items are offered for sale using the services and web site of Public Surplus, LLC. (www.publicsurplus.com). Under no circumstances will the Purchasing be liable to any person for any direct, indirect, special, incidental, consequential, or other damages or losses including without limitation any lost profits, revenue, or use, business interruption, or loss of computer programs or information 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, any error or omission on the part of the web site operator, or any viruses or other harmful components derived from any such web sites.
Bidder Rejection. Purchasing reserves the right to refuse any or all bids.
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.