PORTALES MUNICIPAL SCHOOLS AUCTION RULES AND PROCEDURES
FOR USE
ON PUBLIC SURPLUS AUCTION WEBSITE
1. General: Items are
offered for sale by PORTALES MUNICIPAL SCHOOLS, identified herein as
the "school". However, a third-party web site provider, an
online auction services contractor, is utilized. Those submitting
bids are identified herein as "bidder(s)" or
"buyer(s)".
2. Eligibility: A buyer must be a
minimum of 18 years old and legally able to form binding contracts as
a buyer in an auction.
3. Viewing: Typically, buyers may view
auction items Monday through Thursday from 9:00 AM to 11:30 AM, and
from 12:30 PM to 3:30 PM by contacting Delma Partin at (575) 356-7000
x3709, beginning first day of the auction. Due to liability reasons,
no children, and only two (2) adult customers at a time, are allowed
in the warehouse. Auction preview is limited to items available for
sale. For additional information, please contact Delma Partin at
(575) 356-7000 x3709, or dpartin@portalesschools.com
4.
Inspection: The responsibility to determine the condition of the
property rests with the bidder. Prospective bidders are encouraged to
inspect the property prior to bidding, and to place bids based solely
on their personal inspection and evaluation. Prospective bidders will
not be allowed to test, operate, or disassemble any item featured in
an auction.
5. Warranty: All equipment will be sold "as
is", "where is", and "with all faults, if any".
The school disclaims all warranties or guarantees, expressed, or
implied, as to the condition, quality, completeness, or fitness for
any particular or general purpose or compliance to safety regulations
of the equipment being sold. Descriptions of items appearing in this
online auction are believed to be correct. However, neither those
descriptions, nor any oral statements made concerning any item, shall
be considered as a warranty, expressed, or implied.
THE
SCHOOL OFFERS NO GUARANTEES OR WARRANTIES. DETERMINATION OF CONDTION,
FUNCTION, AND PERCEIVED OR ASSUMED VALUE IS THE SOLE RESPONSIBILTY OF
THE BUYER.
6. Ownership: At the end of the auction, the
highest bidder has entered into a binding contract with the school,
and is obligated to pay the price bid. Placing the winning bid, but
not paying for the product, is illegal in most states, and may result
in prosecution. The winning bid cannot be retracted unless due to a
fault of the school district, for example, typographical or other
error.
Awarded items must be removed from the school's
premises within 5 business days of the close of auction. However, no
property may be claimed or removed prior to making full payment. If
unclaimed by winning bidders, the school reserves the right to
re-auction or award the item to the next highest bidder. For
additional information, please contact Delma Partin at (575) 356-7000
x3709, or dpartin@portalesschools.com
Bidders that fail to
claim, pay for, and remove auction items from the school's premises
by the close of business on the fifth business day after the close of
the auction shall forfeit their rights to the auction item, and be
declared as a default bidders. The school may ban a default bidder
from participating in future online auction events. If one item goes
into default, all items won by the bidder go into default and are
subject to resale. Bidders should verify winning status before
traveling to the school location.
7. Payment: PayMac Inc,
a third-party payment processing company, receives all payments for
Portales Municipal Schools. 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. Wire transfer can take up to 2 business
days to be received and posted.
Pick-Up Procedures
1.
You will be notified upon receipt of payment. You may then contact
the responsible party listed for the auction item 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 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
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.
8.
Bid Deposits: Portales Municipal 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.
9. Buyers Premium: A 10% Buyer Premium shall be
added to the final sale price with a $1 minimum charge per auction to
collect payment.
10. Shipping: Unless otherwise noted, all
items sold must be picked up at the Portales Municipal Schools
warehouse. The school is not equipped to ship items, or prepare items
for shipping. Winning bidders will be solely responsible for pick-up
or shipping arrangements, and all associated costs. The school will
not be responsible for items after buyer, or designated shipper,
takes possession. Allow sufficient time to load items into vehicles
before close of business for the school location at which such items
are being picked up.
11. Indemnification: Buyers agree to
indemnify and hold harmless the school for any and all damages,
claims, or liability of any nature or kind in the sale of, or the
buyer's use of, the property. The buyer, its predecessors, successors
and assigns hereby release, relinquish and discharge the school, its
former, present and future agents, employees, officers, officials and
legal representatives (collectively known as "the school")
from any liability arising out of the sale and/or concurrent
negligence of the school for any injury, including death or damage to
persons or property, where such damage is sustained in connection
with, or arising out of, the sale of school owned property.
12.
Liability: Items are offered for sale using the services and web site
of the online auction services contractor. Under no circumstances
will the school 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. The school strives to make the online
auction system as accurate as possible. However, errors and equipment
malfunctions are possible and may occur without notice. In case of
malfunctions of hardware or software, the school reserves the right
to cancel any sale, even if an award notification e-mail has been
received. The school cannot and will not guarantee uninterrupted
access to the auction system.
13. Reproduction of Auction
Materials and Resale of Items Listed: Bidders or website users may
reproduce or copy images, photographs, or descriptions of property
listed on the auction site for personal use only. Bidders and website
users may not reproduce, display, or broadcast online auction
materials by any means, or by using any media, without the express
written permission of the school. The school reserves the right to
disallow participation in the online auction by any website user or
bidders at any time for violating applicable laws, ordinances, terms
and conditions listed here, or for activity deemed unacceptable by
the school. Before paying for and taking possession of the items
listed for sale by the school, successful bidders and website users
shall not post or list the same items for sale by any other means.
Please be advised that the school auction staff reports suspected
fraud or criminal activity to the proper authorities.
14.
Privacy: The school gathers information from bidders so that it will
know who has won an auction item. Personal information is not sold or
rented. Personal information is used for conducting online auctions
and not used for any other purpose.
15. Applicable Law:
Although this site may be accessed from any state, bidders who
participate in this auction agree that the laws of the State of New
Mexico shall govern all matters relating to the use of this auction
and purchase of items listed by the school on this site.
Office
of the Purchasing Agent
Portales Municipal Schools
501
South Abilene
Portales, NM 88130
(575) 356-7000
