City of Rockville Terms and Conditions For On-Line Auction Bidders
CITY OF ROCKVILLE Terms and Conditions
1. AUTHORITY: The City of Rockville's Purchasing Department, Fleet Services Division and Police Department have sole responsibility and authority for placing, negotiating, modifying and accepting the results of the individual auctions they conduct on behalf of the City of Rockville.
2. DEFINITIONS:
BIDDER/BUYER/PURCHASER: Any individual, company, firm, corporation, partnership or other organization bidding by auction or on solicitations issued by the City and offering to enter into contracts with the City for the purchase of equipment, vehicles, or other goods. The term "bidder", "buyer" and "purchaser" may be used throughout this document and have the same meaning.
3. INSPECTION: The buyer is solely responsible for determining the condition of the property. Most items offered for sale are used and may contain defects not immediately detectable. The City will have the equipment and/or vehicle(s) available for inspection by appointment only. Prospective bidders will not be allowed to test, operate or disassemble any item featured in an auction.
4. DISCLAIMER: OF ALL WARRANTIES: PROPERTY IS OFFERED FOR SALE AND ACCEPTED BY THE BUYER (AS IS), (WHERE IS). THE CITY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY BASED ON A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE.
5. ELIGIBILITY: A buyer must be a minimum of 18 years old and legally able to form binding contracts as a buyer in an auction.
6. EACH BID IS RECEIVED: with the understanding that written acceptance by the City, in the form of a winning notice from PublicSurplus.com, of the offer to purchase any or all of the items described therein shall constitute a contract between the buyer and the City upon the terms stated herein.
7. CONSIDERATION OF BID: The City reserves the right to reject any and all bids and to withdraw from sale any of the items listed.
8. BIDS FOR ALL OR PART: The City reserves the right to award by item, groups of items, or total bid; to reject any and all bids or portions thereof and to make awards if in its judgment the best interests of the City will be served.
9.NOTICE OF AWARD: Successful buyers 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 Rockville. 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.
If you have questions regarding payment, please go to www.publicsurplus.com and click on the "chat" icon on the left side of the screen.
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 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 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 e-mail address used for the auction, stating that you are authorized to pick-up the item.
3. Public Surplus will notify you upon receipt of payment. You may then contact the responsible party listed for that item and arrange for a mutually convenient pick up time. You will need to bring the payment receipt or the auction item(s) will not be released to you.
collected by the Maryland Motor Vehicle Administration where applicable, at the time of title transfer.
4. ANY BUYER WHO, FOR ANY REASON FAILS TO MAKE PAYMENT ON EQUIPMENT AND/OR VEHICLE(S), OR WHO DOES NOT PICK UP THEIR ITEMS WITHIN THE SPECIFIED TIME FRAME SHALL NOT BE ALLOWED TO BID ON FUTURE AUCTIONS.
Bid Deposits
City of Rockville may require bid deposits in order to ensure fairness and equity to all buyers as a way to decrease default bidding. The deposit will be reversed if no default occurs or the bidder does not win the auction. Public Surplus will collect and retain the deposit if there is a default by the winning bidder.
Buyers Premium
A 9.5% Buyer Premium will be added to the final sale price with a $1 minimum charge per auction to collect payment.
State/Local Sales and/or Use Tax
State of Maryland Sales Tax (6%) is to be collected, where applicable. Tax on vehicles is to be collected by the Maryland Motor Vehicle Administration where applicable, at the time of title transfer.
ANY BUYER WHO, FOR ANY REASON FAILS TO MAKE PAYMENT ON EQUIPMENT AND/OR VEHICLE(S) WITHIN THE SPECIFIED TIME FRAME SHALL NOT BE ALLOWED TO BID ON FUTURE AUCTIONS.
11.REMOVAL: All items must be removed within 5 business days from the time and date of issuance of the Notice of Award. Purchases will be released only upon receipt of payment as specified. Successful bidders are responsible for loading and removal and any and 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 will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will the City assume responsibility for packing, loading or shipping. Unless otherwise directed by the City in writing, property may be removed during normal business hours at the pickup location, Monday through Friday, excluding legal holidays.
ALL PURCHASED EQUIPMENT AND/OR VEHICLE(S) MUST BE REMOVED BY SUCCESSFUL BUYER WITH NO DEBRIS OR UNWANTED EQUIPMENT AND/OR VEHICLE(S) LEFT AT THE PICKUP LOCATION.
ANY BUYER WHO FAILS TO REMOVE ALL EQUIPMENT AND/OR VEHICLE(S) WITHIN THE SPECIFIED TIME FRAME SHALL NOT BE ALLOWED TO BID ON FUTURE AUCTIONS. BUYER SHALL BE RESPONSIBLE FOR ANY DAMAGE OR COST INCURRED BY THE CITY AS A RESULT OF BUYER'S REMOVAL OF SUCH EQUIPMENT OR VEHICLES.
ANY BUYER WHO REMITS PAYMENT BUT FAILS TO REMOVE ALL EQUIPMENT AND/OR VEHICLE(S) WITHIN THE SPECIFICIED TIME FRAME, SHALL NOT BE ISSUED A REFUND AND WILL NOT BE ALLOWED TO BID ON FUTURE AUCTIONS. THE ITEM WILL BE RELISTED.
BUYER AND/OR BUYERS AGENTS EXPRESSELY AGREE TO INDEMNIFY, PROTECT AND HOLD HARMLESS THE CITY OF ROCKVILLE FROM ANY AND ALL CAUSES OF ACTIONS, LIABILITIES, CLAIMS, DEMANDS AND JUDGMENTS RELATING TO THE CONDITION OR USE OF THE ARTICLES PURCHASED, OR FAILURE OF USER TO FOLLOW INSTRUCTIONS, WARNINGS OR RECOMMENDATIONS OF THE MANUFACTURER, OR TO COMPLY WITH FEDERAL, STATE AND LOCAL LAWS APPLICABLE TO SUCH ARTICLES, INCLUDING BUT NOT LIMITED TO OSHA REQUIREMENTS, OR FOR CONSEQUENTIAL OR PROXIMATE DAMAGES, LEGAL EXPENSES OR COSTS ARISING THEREFROM.
BUYER AND/OR BUYERS AGENTS ATTENDING DURING EXHIBITION, INSPECTION, REMOVAL OR SALE OF GOODS ASSUME ALL RISKS OF DAMAGE OR LOSS TO PROPERTY OR PERSON AND SPECIFICALLY RELEASE THE CITY OF ROCKVILLE FROM ANY AND ALL LIABILITY AND FURTHER AGREE TO HOLD THE CITY OF ROCKVILLE HARMLESS FOR ANY PERSONAL INJURY TO BUYER OR THEIR AGENT(S).
12.VEHICLE TITLES: The City 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. The City will not issue replacement titles.
13.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 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, the City may exercise such rights and may pursue such remedies as are provided by law.
14.ACCEPTANCE OF TERMS AND CONDITIONS: By submitting a bid, the bidder agrees that they have read, fully understand and accept these Terms and Conditions of Online Sales, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified.
15.INDEMNIFICATION: Buyers agree to indemnify and hold harmless the City 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, its former, present and future agents, employees, officers, officials and legal representatives (collectively know as "the Released Parties") from any liability arising out of the sale or buyer's use of the property and/or concurrent negligence of the Released Parties 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 City owned property.
16. LIABILITY: Items are offered for sale using the services and web site of the line auction services contractor. 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. In case of malfunctions of hardware or software, the City reserves the right to cancel any sale, even if an award notification e-mail has been received. The City cannot and will not guarantee uninterrupted access to the auction system.
17.LIABILITY AFTER AWARD: The purchaser shall assume all liability for the property after the award is made. The City will exercise its normal care for protection up to the time for removal, but will not be responsible for any loss or damage whatsoever. No property may be removed by the purchaser prior to making full payment.
18.PRIVACY: The City gathers information from bidders so that it will know who has won an auction item. Personal information is not sold or rented. Personal information is used for the purpose of conducting online auctions and not used for any other purpose.
19.TERMINATION FOR CONVENIENCE: Unless otherwise provided in the Invitation, this contract may be terminated by either party without cost to the City upon 30 days' written notice to the other party, to be calculated from the date the notice is mailed.
20.TERMINATION OF CONTRACT FOR CAUSE: In the event the Purchaser fails to make payment as required, or fails to remove the property, or fails to cure the default with the time allowed by the notice, the Purchaser will lose all right, title, and interest which he/she might otherwise have acquired in and to the property as to which the default occurred.
21.CONTRACTUAL DISPUTES:
a.Any dispute concerning a question of fact as a result of a contract with the City which is not disposed of by agreement shall be decided by the City, who shall reduce the decision to writing and mail or otherwise forward a copy thereof to the contractor within thirty (30) days. The decision of the City shall be final and conclusive unless the contractor appeals within six (6) months of the date of the final written decision by instituting legal action as provided in the Code of Maryland. A contractor may not institute legal action, prior to receipt of the Cities decision on the claim, unless the City fails to render such decision within the time specified.
b.Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty (60) days after final payment; however, written notice of the contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment.
22.LEGAL ACTION: No bidder, offeror, potential bidder or offeror, or contractor shall institute any legal action until all statutory requirements have been met.
23. CONDITIONAL BIDS: Conditional bids are subject to rejection in whole or in part.
24.LATE BIDS: Any bid received by PublicSurplus.com designated in the solicitation after the exact time specified for receipt of the bid is considered a late bid. A late bid will not be considered for award.
25. WITHDRAWAL OF PROPERTY: The City reserves the right to make removals of property offered for sale at any time prior to removal.
26. PROPERTY DESCRIPTION: Condition is not guaranteed. If a mis-description is determined before removal of the property, the City will keep the property and refund any money paid. If a mis-description is determined after removal, the City will refund any money paid if the purchaser takes the property at his expense to a location specified by the Cities Purchasing Division. No refund will be made unless the purchaser submits a written notice to the Purchasing Division within 15 calendar days of the date of removal that the property is mis-described and maintains the property in the same condition as when removed. Bidders may be required to submit an independent estimate of repairs from a reputable repair facility as part of their written notice to the Purchasing Division. Sale of property is without guarantees or warranties, express or implied. The City does not warrant the merchantability of the property or its fitness for any use or purpose. The amount of recovery and exclusive remedy under this provision is limited to return of the purchase price of the mis-described property. The purchaser is not entitled to any payment for loss of profit or any other money damages.
27. CONDITION AND LOCATION OF PROPERTY: All property listed herein is offered for sale "as is" and "where is."
28. RISK OF LOSS:In the event the property is damaged or destroyed subsequent to it being available for sale and prior to removal, the purchase price will be adjusted by the Cities Purchasing Division for loss, damage, or destruction occurring during such period in an amount as determined in the sole discretion of the Purchasing Division, to the extent it was not caused by the purchaser, its agents, or employees. At the discretion of the Purchasing Division, the adjustment may consist of rescission. No adjustment will be authorized under this provision unless the Cities Purchasing Division is notified of the loss prior to removal.
29. AWARD OF CONTRACT: The contract will be awarded to the highest responsive, responsible bidder.
30. FAILURE TO PERFORM: In the event the purchaser fails to make payment as required by this agreement, fails to remove the property, and/or fails to cure the default within the specified time, the purchaser will lose all right, title, and interest which he might otherwise have acquired in and to the property.