COUNTY OF GLOUCESTER
Public Surplus Terms and Conditions for Sales of Surplus Property
1. The bidder certifies by entering their bid that this it is made without prior understanding, agreement or accord with other person submitting a bid for the same item and that this bid is in all respects bona fide, fair and not the result of any act of fraud or collusion with another person. Any false statement hereunder constitutes a felony and can result in a fine or imprisonment, as well as civil damages.
2. Award will be made to the highest responsive, responsible bidder.
3. The County reserves the right to award by item, groups of items, or total bid; to reject any and/or all bids in whole or in part, and to waive any informality or technical defects if, in its judgment the best interests of the County will be served.
4. Each bid is received with the understanding that the acceptance by the County of the offer to purchase any or all of the items described therein, shall constitute a contract between the bidder and the County.
5. In the event of default by the bidder to pay for and remove the items within the prescribed time period, the County reserves the right to sell or otherwise dispose of the items through other means, and hold the bidder liable for any excess cost, lost revenues or expenses occasioned thereby. Until restitution is made to the County's satisfaction by the defaulted bidder, they will be disqualified from participating in any future County sale.
6. The bidder guarantees to save the County, its agents or employees, harmless from liability of any nature or kind in the sale of or bidder's use of the property.
7. Appeals Procedure: Upon request, administrative appeals information will be provided which shall be used for hearing protests of a decision to award or an award, appeals from refusals to allow withdrawal of bids, appeals from disqualifications and determinations of non-responsibility and appeals from decisions or disputes arising during the performance of a contract.
8. Direct contact with County departments, other than Purchasing, on the subject of this bid is expressly forbidden except with the foreknowledge and permission of the head of Purchasing or their representative.
9. Applicable Law and Courts: Any award resulting from this solicitation 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 awardee shall comply with all applicable federal, state and local laws and regulations.
Warranties and/or Representations.
The County makes no warranties or guarantees, expressed or implied, as to the condition or quality of the items offered or fitness for particular purpose or fitness for use in general. The responsibility as to condition of the property rests with the bidder. Under no circumstances will a refund or adjustment be made on account of property failing to meet bidder's expectations. Sale is "as is, where is" without any expressed or implied warranty. There is no guarantee or warranty on the part of the County as to condition or quality; or that the property offered, or a portion thereof, may not be withdrawn prior to the sale. Except as stated herein, the County will furnish no service of any kind, and the bidder shall assume any cost of removing property from the site.
Assumption of Liability.
The purchaser shall assume all liability for the property after award is made. The County will exercise its usual care for protection up to the time of removal, but will not be responsible for any loss or damage. THE COUNTY DOES NOT PROVIDE SECURITY FOR BID ITEMS ONCE THE AWARDEE HAS BEEN NOTIFIED. IT IS RECOMMENDED THAT PAYMENT AND PICKUP BE MADE WITHIN 48 HOURS AFTER NOTIFICATION.
Additionally, the purchaser assumes all liability and is solely responsible for reimbursing the County for any costs related to property damage resulting from their action in picking up surplus items.
Notice of Award. Successful bidders will receive a Notice of Award by email from PublicSurplus.com. The bidder shall, upon notice of award agree to provide payment for and remove all property awarded as required herein. Bidder shall not be allowed to withdraw any bid price for any item bid.
Payment. PayMac. a third-party payment processing company receives all payments for Gloucester County Virginia. 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.
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 Gloucester County Virginia 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.
Abandonment of Item. Auction items paid for but not picked up within the specified time may be stored for 15 days from the last date of available pickup. Gloucester County Virginia will charge a storage fee of $25.00 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 Gloucester County Virginia as payment for additional efforts to dispose of the item. The County also reserves the right to have vehicles towed off the County's designated lot at the awardee's expense if payment or pick-up has not been made.
Bid Deposits. Gloucester County Virginia 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. Gloucester County Virginia may collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to Gloucester County Virginia prior to payment. If applicable, the sales tax will be visible during the bidding process and will be included in the payment specified.
County Employees. Any person, whether an employee of the County of Gloucester, its school system, or otherwise, may not purchase goods at public auctions and/or sealed bids. No employee, or any member of his/her immediate family, may purchase any item in a County auction.
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.
*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*