THE CITY OF FREEPORT ONLINE SALES TERMS AND CONDITIONS
Contract. An award of sale is
a contract between the winning bidder and The City of Freeport upon
the terms and conditions set forth herein. The City of Freeport 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. The City of Freeport 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.
No Description Warranty. The City of Freeport is
not responsible for any omissions or errors in description of items being offered
for sale. It shall be the bidder's responsibility to inspect and satisfy him or
herself as 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. 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. The City of Freeport 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, The City of Freeport
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 The City of Freeport�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 The City of Freeport.
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.
Pick-Up and Third Party Pick-Up Procedures.
- Upon receipt
of payment, You will be notified by email sent to
the address You provided at registration with Publicsurplus.com. You may then
contact The City of Freeport 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 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.
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 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). However,
you may contact a local carrier of your choice to pick-up, package, and ship your
item(s) for you. It will be your responsibility to follow the Third-Party Pick-Up
Procedures above to ensure that your item is released.
Bid Deposits. The City of Freeport 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 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.
State/Local Sales and/or Use Tax. The City of Freeport
may collect sales tax, unless the Buyer has provided a valid tax-exempt certificate
to The City of Freeport 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 agency premises within five (5) 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 agency 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
The City of Freeport assume responsibility for packing, loading or transporting
auction item(s). Buyer shall be
liable to and reimburse The City of Freeport for any damage to The City
of Freeport�s property caused by Buyer�s or Buyer Agent�s removal of
auction item(s) from the premises. No maintenance may be performed on The City
of Freeport property. For additional information, please contact Laura
Cramer (979) 233-3526 email lcramer@freeporttx.gov.
Abandonment of Item. Auction items paid for but not picked
up within the specified time will be stored for 15 days from the last date of available
pickup. The City of Freeport will charge a storage fee of $10 per day
during this time, which must be paid by Buyer before the item will be released. At the expiration of the 15-day period, the
item will be deemed abandoned and may be auctioned again to pay the storage fee.
Any amount received in excess of the storage fee will be
retained by The City of Freeport as payment for additional efforts to dispose
of the item.
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, The City of Freeport will refund any money paid. The liability
of The City of Freeport shall not exceed the actual purchase price of the
property.
Vehicle Titles. The City of Freeport 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 of Freeport 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,
The City of Freeport may 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.