ONLINE SALES TERMS AND CONDITIONS
Guarantee Waiver. All property
is offered for sale as-is, where-is. West Valley-Mission Community
College District (WVMCCD) 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.
Description Warranty. WVMCCD 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 WVMCCD confirms that the property does
not conform to the description, WVMCCD will keep the property and
refund any money paid. The liability of WVMCCD shall not exceed the
actual purchase price of the property. Please note that upon removal
of the property, all sales are final.
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.
Consideration of Bid. WVMCCD
reserves the right to reject any and all bids and to withdraw from
sale any of the items listed.
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 WVMCCD. 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.
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.
Bid
Deposits. WVMCCD 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.
Buyers Premium. A Buyers
Premium of 10% will 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
the payment required.
State/Local Sales and/or Use Tax.
WVMCCD may collect sales tax, unless the Buyer has provided a valid
tax-exempt certificate to WVMCCD 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 five (5)
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 of 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 WVMCCD assume responsibility for packing, loading
or transporting. For additional information, please contact Kim
Habian, (408)741-4620, kim.habian@wvm.edu
Vehicle Titles.
WVMCCD 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. WVMCCD 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, WVMCCD 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
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.
