ONLINE SALES - TERMS AND CONDITIONS
Guarantee Waiver. All property is offered
for sale "as-is, where-is with no warranty, express or implied." Lincoln
Public Schools 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.
Property Description. Lincoln Public Schools intends that the property offered for sale will conform to its
online description. Any claim for mis-description must be made prior to
removal of the property from its sale location. If Lincoln
Public Schools confirms that the property does not conform to the
online description, Lincoln Public Schools will keep
the property and refund any money paid. The liability of Lincoln
Public Schools in regard to the property, in all events, shall not
exceed the actual purchase price of the property. Please note that upon
removal of the property from its sale location, all sales are final.
Inspection. Most items offered for
sale are used and may contain defects not immediately detectable and personal
inspections are thus advisable. 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. All
Bidders are presumed to have exercised or knowingly and intentionally waived
their inspection rights by bidding on the property.
Consideration of Bid. Lincoln Public Schools reserves the right to reject any and all bids and to
withdraw from sale any of the items listed at any time. All sales are
contingent on approval by five members of the Lincoln Board of Education at a
regular meeting.
Award and Notice of Award. Awards to Bidders will
be made in the best interests of Lincoln Public Schools. Successful
bidders will receive a Notice of Award by email from www.publicsurplus.com.
Payment. Public Surplus
collects all payments for Lincoln Public Schools including 7.25%
sales tax. Payment for an awarded item must be received within 5
business days of close of auction. Payment shall be made online by credit card,
or wire transfer. 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 "My Stuff"
and then click on "Past Bids". Click on the description of the
auction and then click on "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 or split
payments of an auction allowed. All auctions must be paid in full per
payment process used per auction. 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. NO CASH, CHECKS, OR MONEY ORDERS WILL BE
ACCEPTED. 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. Public Surplus will notify the Buyer upon receipt of
payment. The Buyer may then contact the responsible party listed for that
item and arrange for a mutually convenient pick up
time. The Buyer must bring the "Notice of Award" with the
"Paid Receipt" and personal identification such as a Drivers License or DMV ID to the pick up location. The person releasing the item
will require the Buyer to show all three documents. The Buyer must
present these forms of identification at the scheduled pick up or the auction
item(s) will not be released.
2. If you are picking up an item for someone else, you will
need to bring the receipt, (photo copies are acceptable), plus a note from the
designated "winning bidder" specifically naming you as their
authorized representative, along with your own ID.
Bid Deposits. Lincoln
Public Schools 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 Buyers Premium may be added to the final sale price with
a $1 minimum charge per auction to collect payment. If added, the premium
will be visible during the bidding process and will be included in payment to
Public Surplus.
State/Local Sales and/or Use Tax. Public Surplus will
collect sales tax for Lincoln Public Schools, unless the buyer has provided a
valid tax-exempt certificate to Public Surplus prior to
payment. If applicable, the sales tax will be visible during the bidding
process and will be included in your payment to Public Surplus.
Removal. Buyer must remove auction item(s) from said agencies 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. 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 any
and all payments; and (2) to dispose of the item as deemed desirable by the
agency. Successful bidders are responsible for loading and removal
of any and all property awarded to them from the place where the property
is located as indicated on the Public Surplus 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 Lincoln Public Schools assume
responsibility for packing, loading or shipping. Property may be
removed by appointment only. For additional information, please
contact Ed Keifer, (402) 436-1012, ekeifer@lps.org .
Bill of Sale and Vehicle Titles. The "Notice
of Award" and the "Paid Receipt" shall constitute the Lincoln
Public Schools bill of sale transferring ownership of the property
to the Buyer. Lincoln Public Schools will issue a title
or certificate for vehicles or other property requiring such to transfer title
to the property to Buyer upon receipt of payment. Titles may be subject to
any restrictions as indicated in the item description on the Public
Surplus website. Open titles cannot be issued. Lincoln
Public Schools 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 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, Lincoln Public Schools may exercise such
rights and may pursue such remedies as are provided by law.
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.