AGENCY ONLINE SALES TERMS AND CONDITIONS
Contract
An award of sale is a contract between the winning bidder and South Orange County Community College District hereafter referred to as "District" upon the terms and conditions set forth herein. District 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. District 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.
Description Warranty
District 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 District confirms that the property does not conform to the description, District will keep the property and refund any money paid. The liability of District shall not exceed the actual purchase price of the property. Please note that upon removal of the property, all sales are final.
Third Party Service Provider
The District has contracted with Public Group, LLC dba Public Surplus, a third party online bidding company to manage the District's surplus sale transactions. The bidder herby acknowledges and agrees that in order to participate in the District's bidding process shall register, accept and adhere to the terms and conditions of Public Surplus as referenced herein and incorporated hereto:
https://www.publicsurplus.com/sms/help/mainhelp.htmlframe1=public/info.html&frame2=public/info_email.html
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.
Indemnification
To the fullest extent permitted by law, bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold District harmless from and against any and all claims, demands or causes 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, personal property, or contractual damages.
Consideration of Bid
District reserves the right to reject any and all bids and to withdraw from sale any of the items listed.
Reserve Requirement
If there is a reserve requirement and the reserve price is not met by the close of bidding, District 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 District'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 District. 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. The bidder shall indemnify and hold harmless the District for any and all claims, demands or causes of action arising or alleged to have arisen as a result of or failure of any third-party payment processing transactions. 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.
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.
Due
to restrictions from the COVID-19 Pandemic, winning bidders will be
required to fill out a liability release that is attached to every
auction. The winning bidder will be required to complete this form
and email it to the auction contact. Buyers can download the
liability release
anytime
by clicking on the link found under the pictures below. Only after
the auction contact receives
the
liability
release will the buyer be allowed to
schedule
a pickup appointment. Buyers will be asked to adhere to their
scheduled pickup date and time. If a buyer arrives late to their
appointment, buyer shall be advised they may be asked to remain in
their vehicle while other buyers who were on time for their
appointment load there items or said buyer may be asked to simply
reschedule for a different date and time. Any buyer who arrives
without an appointment or buyers who
have
not completed the liability
release will
be asked to leave until pickup requirements for this auction have
been properly followed.
The safety and security of the staff working and the public is of our highest concern. All buyers picking up items will be required to wear masks at all times. No exceptions. Anyone who doesn't adhere to this policy will be asked to leave and return with a mask. If a buyer refuses to leave the campus, campus police will be called and said buyer will be escorted off the premises.
You are also required to do the following:
1. Bring a 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. 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 District 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)
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
District 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.
District may collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to District 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 ten (10) 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 District assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse District for any damage to District's property caused by Buyer's or Buyer Agent's removal of auction item(s) from the premises. No maintenance may be performed on District property.
Abandonment of Item
Auction items paid for but not picked up within the specified time will be considered abandoned. District will have the ability to re-list any and all items designated as abandoned with no refund being provided to the user. Please be advised.
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, District will refund any money paid. The liability of District shall not exceed the actual purchase price of the property.
Vehicle Titles
District 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. District 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, District may retain Buyer's bid deposit and 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.
*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*