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Contract.
An award of sale is a contract between the winning bidder and Lucia Mar Unified School District upon the terms and conditions set forth herein. Lucia Mar Unified School District may pursue all legal remedies allowed by law against any bidder who fails to make payment for a winning bid. Please note that all sales are final.
Guarantee Waiver.
All property is offered for sale as-is, where-is. Lucia Mar Unified School 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.
Indemnification.
Buyers agree to indemnify and hold harmless Lucia Mar Unified School 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 known 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.
No Description Warranty.
Lucia Mar Unified School District is not responsible for any omissions or errors in description of items being offered for sale. It shall be the bidder's responsibility to inspect and satisfy him or herself as to the details and conditions of the item offered before entering a bid. The Agency does not attest to the authenticity of any item.
Inspection
Bidders should fully inspect items and must rely solely on that 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 contact the person listed to schedule an inspection.
Requests for Information
Should any discrepancies or omissions be found in the bid posting, or doubt as to its meaning, the bidder shall notify the auction contact listed in the auction description. Notifications and questions must be received no later than 5 days before bid closing date.
Consideration of Bid
Lucia Mar Unified School District reserves the right to reject any and all bids and to withdraw from sale any of the items listed before a notice of award is delivered.
Reserve Requirement
f there is a reserve requirement and the reserve price is not met by the close of bidding, Lucia Mar Unified School 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 Lucia Mar Unified School 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 Lucia Mar Unified School 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. 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. To pay 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 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. 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. 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 wire transfer.
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 Lucia Mar Unified School 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) 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.
Bid Deposits
Lucia Mar Unified School 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 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. Lucia Mar Unified School District may collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to Lucia Mar Unified School 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 Lucia Mar Unified School District assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse Lucia Mar Unified School District for any damage to Lucia Mar Unified School 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 Lucia Mar Unified School District property.
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, Lucia Mar Unified School District will refund any money paid. The liability of Lucia Mar Unified School District shall not exceed the actual purchase price of the property.
Vehicle Sales
The Lucia Mar Unified School District does not warrant conformity of vehicles to the requirements of the California Vehicle Code. Notice is given that all buyers of vehicles must obtain a certificate of compliance for smog control devices prior to registration. Upon receipt of payment, Lucia Mar Unified School District will provide the buyer with the vehicle title and the California Department of Motor Vehicles Vehicle/Vessel Transfer and Reassignment Form. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. Lucia Mar Unified School District will not issue replacement titles. Buyer is responsible for following all Department of Motor Vehicle regulations for the transfer of vehicle title and registration. All smog-related repairs and certifications for vehicles, when applicable, are the sole responsibility of the buyer.
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, Lucia Mar Unified School District may 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.