Loudoun
Water Terms and Conditions
ONLINE SALES - TERMS AND
CONDITIONS (REV 09/20/2012)
General:
Items are offered for sale by Loudoun Water. In making the offering,
a third-party Web site provider is utilized (Public Surplus, LLC.).
Individual/s submitting bid/s are identified herein as "Bidder/s".
Individual/s selected to purchase item/s on which they have bid are
identified herein as "Buyer/s".
Items are
offered for sale using the services and Web site of Public Surplus,
LLC. (www.publicsurplus.com). Under no circumstances will Loudoun
Water 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 Loudoun Water has been specifically advised
of the possibility of such damages or losses.
Links to
other Web sites or Internet locations from this Web site have been
provided for your convenience only. Loudoun Water does not endorse,
sponsor, or approve any of the content of such Web sites or
locations. Loudoun Water has no control over any of the Web sites or
other Internet locations that you may access through this Web site
and is not responsible for the content or accuracy of the content of
any such Web sites or locations. If you access any other Web site or
Internet locations through this Web site, you do so at your own
risk.
All bids must be submitted in accordance with the
procedures established by Public Surplus, LLC. and Loudoun Water's
Terms and Conditions. In the event that a reserve price has not been
met, Loudoun Water reserves the right to negotiate bids submitted in
any other manner (i.e.: verbal, telephone, fax, e-mail, courier or
mail, etc.) to protect Loudoun Water's interest of getting the best
price. If no negotiated bid can be made, then Loudoun Water reserves
the right to re-list the item.
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.
Applicable
Law and Courts: This solicitation and any resulting contract shall be
governed in all respects by the laws of the Commonwealth of Virginia
and any litigation with respect thereto shall be brought in the
courts of the Commonwealth. The Bidder shall comply with
applicable federal, state and local laws and
regulations.
Conflict
of Interest Act: Public employees bidding are governed by the
Virginia Conflict of Interest Act and are responsible for
understanding any restrictions before submitting bids.
*Immediate
Family - "Immediate family" means (i) a spouse and (ii) any
other person residing in the same household as the officer or
employee, who is a dependent of the officer or employee or of who the
officer or employee is a dependent. A "dependent"
means a son, daughter, father, mother, brother, sister or other
person, whether or not related by blood or marriage, if such person
receives from the employee or provides to the employee more than
one-half of his financial support (Code of Virginia 2.2-4368).
Please note: Any person who knowingly violates any of the
provisions of the Conflict of Interest Act shall be guilty of a
misdemeanor. Additionally, any person knowingly violates any of
the provisions of this chapter shall be guilty of misconduct in
office or employment. Upon conviction thereof, the judge or
jury trying the case, in addition to any other fine or penalty
provided by law, may order the forfeiture of said office or
employment (Code of Virginia 2.2-3120 and 2.2-3122)
Consideration of Bid. Loudoun Water reserves the right to waive informalities, to reject any and all bids received, or any part thereof, which is in the best interests of Loudoun Water. The Loudoun Water Procurement Manager's decision shall be final. Loudoun Water reserves the right to withdraw from sale any of the items listed prior to award.
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, Loudoun Water may exercise such rights and may pursue such remedies as are provided by law. Loudoun Water reserves the right to award such items to the next highest Bidder or dispose of the items through other means. Loudoun Water reserves the right to hold the defaulted Bidder/Buyer liable for any administrative costs, loss of Loudoun Water's surplus revenue, loss of Buyer's payment, storage fees and/or disposal expenses incurred.
Description Warranty. Loudoun Water 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. If Loudoun Water confirms that the property does not conform to the description, Loudoun Water will keep the property and refund any money paid. The liability of Loudoun Water shall not exceed the actual purchase price of the property. Please note that upon removal of the property, all sales are final.
Ethics
in Public Contracting: By submitting their bids, all Bidders certify
that their bids are made without collusion or fraud and that they
have not offered or received any kickbacks or inducement from any
other Bidder, supplier, manufacturer or subcontractor in connection
with their bid, and that they have not conferred on any public
employee having official responsibility for this procurement
transaction
any payment, loan, subscription, advance, deposit of
money, services or anything of more than nominal value, present or
promised unless consideration of substantially equal or greater value
was exchanged.
Guarantee
Waiver. All property is offered for sale "as-is, where-is."
Loudoun Water makes no warranty, guaranty or representation of any
kind, expressed or implied, as to the merchantability or fitness for
any purpose of the property offered for sale. The Buyer is not
entitled to any payment for loss of profit or any other money damages
- special, direct, indirect, or consequential.
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. Comments made by
Loudoun Water
employees concerning the items offered for sale shall not be binding,
nor shall they constitute any warranty or guaranty, expressed or
implied, as to the condition or quality of the items offered or
fitness for particular purpose or fitness for use in general.
Notice
of Award. Successful bidders will receive a Notice of Award by email
from PublicSurplus.com
Payment. PayMac
Inc., a third-party payment processing company, receives all payments
for Loudoun
Water. 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 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.
2. If you need to do a wire
transfer please call 801-932-7000 and ask for buyers support to work
out the details for this transaction. Once payment is received the
same instructions apply as with manual payment.
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.
Bid
Deposits. Loudoun Water 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 10% Buyer Premium shall be added
to the final sale price with a $1 minimum charge per auction to
collect payment.
Removal. Buyer must remove auction
item(s) from Loudoun Water premises within 5 business days of
notification by Public Surplus of receipt of payment, and within 10
business days from the time and date of issuance of the Notice of
Award. 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 Loudoun Water assume
responsibility for packing, loading or shipping. Property may be
removed between the hours of 8am and 3:30pm, Monday through Friday,
excluding legal holidays. Buyer assumes all liability for the
property after
payment has been made and prior to pick up of
property. Loudoun Water will exercise its usual care for property up
to the time of removal, but will not be responsible for any loss or
damage.
State/Local
Sales and/or Use Tax. Loudoun Water will collect sales tax, currently
6%, on non-vehicles if applicable, unless the buyer has provided a
valid tax-exempt certificate to Loudoun Water prior to payment.
Use
of Premises and Removal of Surplus Property: The successful Bidder
expressly undertakes, either directly or through its Subcontractor to
remove surplus property in such a manner as not to interrupt or
interfere with the operation of any existing Loudoun Water activity
at any Loudoun Water facility.
Vehicle Titles. Loudoun Water 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. Loudoun Water will not issue replacement titles.
For additional information, please contact Loudoun Water Procurement Department, (571) 291-7700, procurement@loudounwater.org.