Terms and Conditions
1. General: Items are offered for sale by Independent School District #625 (aka: Saint Paul Public Schools), identified herein as the "District". 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)". Buyer must be a minimum of 18 years old and legally able to enter into a binding contract.
2. 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 details listed. Due to liability
reasons, no children, and only two (2) adult customers are allowed at a time.
3. Consideration of Bid. The District reserves the right to reject any
and all bids and to withdraw from sale any of the items listed. Direct
contact with District employees, other than the employees of the Purchasing and
Contract Services Department or other designated individuals, on the subject of
this bid is prohibited except with the foreknowledge and permission of the
Purchasing Manager or their representative.
4.
CONDITIONS OF SALE. The Property is sold
"AS IS, WHERE IS, WITH ALL FAULTS" and without representation or
warranty. The District, as Seller hereby expressly disclaims all warranties,
either express or implied, including any implied warranty of merchantability or
fitness for a 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 District neither assumes nor authorizes other person to assume for
it, any liability in connection with the sale of these goods. There shall be no refunds or adjustments
on the successful Bidders price. There is no warranty of vehicles
odometer readings.
DETERMINATION OF CONDITION, FUNCTION, AND PERCEIVED OR ASSUMED VALUE IS THE SOLE RESPONSIBILTY OF THE BUYER
5. Bids: Bids submitted shall remain firm for a period of seven (7) days
following the closing date of bids. The successful Bidder shall be required to
remit payment within seven (7) calendar days after notice of successful bid and
remove the property within ten (10) days from the date of the successful bid.
The District reserves the right to withdraw any equipment and/or vehicle(s)
from the sale up until the time the sale of the equipment and/or vehicle(s) is
awarded.
6.
Notice of Award. Successful bidders will receive a Notice
of Award by email from PublicSurplus.com. At the time auctioneer awards sale of equipment and/or vehicle(s) to
bidder, a legally binding contract is established between the District and the
bidder. The District will pursue legal remedies allowed by law against any
bidder who fails to make required payments.
7. LIABILITY
AFTER AWARD: The purchaser shall assume
all liability for the property after the award is made. The District will
exercise its normal care for protection up to the time for removal, but will
not be responsible for any loss or damage whatsoever. No property may be
removed by the purchaser prior to making full payment.
Bidders that fail to claim, pay for, and remove auction items from the District's premises by the close of business on the 10th business day after the close of the auction shall forfeit their rights to the auction item, and be declared as a default bidders. The District 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 District location.
8. Payment. Payment
in full is due within seven (7) working days from the time and date of the
Notice of Award. Sales Tax and
selling fee to cover the fee charged to Saint Paul Public Schools to auction
the item(s) will be added to the bid price. Payment shall be in the form of certified
check.
Checks shall be made payable
to: ISD 625. Payments shall be made at Saint Paul Public Schools,
Purchasing and Contract Services Department, 360 Colborne Street, Saint Paul
Minnesota, 55102 or the location listed in the Notice of Award.
9. Removal. All
items must be removed within 10 working days from the time and date of
issuance of the Notice of Award.
Purchases will be released only upon receipt of payment as
specified. Successful bidders are
responsible for loading and removal and any and 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
will make all arrangements and perform all work necessary, including packing,
loading and transportation of the property. The District 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 District will not be
responsible for items after buyer, or designated shipper, takes possession.
10. Taxes: Any and all taxes,
federal, state and local, due on the sale of the equipment and/or vehicle(s)
shall be paid by the successful Bidder.
11. Indemnification: Buyers agree to indemnify and hold harmless the District 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 District, its former, present and future agents, employees, officers, officials and legal representatives (collectively know as "the District") from any liability arising out of the sale and/or concurrent negligence of the District 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 District 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 District 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 District 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 District reserves the right to cancel any sale, even if an award
notification e-mail has been received. The District 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 District. The District 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 District. Before paying for and taking possession of the items listed for sale by the District, successful bidders and website users shall not post or list the same items for sale by any other means.
14. Privacy: Be advised that transactions of the District auction are subject to the Public Information Act.
15. Applicable Law: Bidders who participate in this auction agree that the laws of the State of Minnesota shall govern all matters relating to this auction.
16. 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, The District may exercise such rights and may
pursue such remedies as are provided by law.
17. 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.