AGENCY ONLINE SALES TERMS AND
CONDITIONS
Contract. An award of sale is a contract between the winning
bidder and Maricopa Unified School District upon the
terms and conditions set forth herein. Maricopa Unified School
District may pursue all legal remedies allowed by law against any
bidder who fails to make payment for a winning bid.
Guarantee Waiver. All property is offered for sale as-is, where-is. Maricopa 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.
No
Description Warranty. Maricopa 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. 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.
Indemnification. Bidder agrees for and on behalf of bidder, bidder's
heirs, successors and assigns that bidder shall indemnify and hold Maricopa Unified School District harmless from and against any claim, demand or
cause of action arising or alleged to have arisen out of the sale or failure to
sell any item of surplus property including claims for personal or bodily
injury, death or contract damages.
Consideration
of Bid. Maricopa 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. If there is a
reserve requirement and the reserve price is not met by the close of
bidding, Maricopa 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 Maricopa 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 Maricopa
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.
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 partially pay for an auction by Credit Card
and pay the remainder by another payment method, such as a wire transfer. All
credit card payments must be made using a single credit card.
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 and ask for wire instructions or request the
instructions via live chat. These instructions will be emailed to you. Please
follow them exactly to ensure prompt payment.
Pick-Up
and Third Party Pick-Up Procedures
1.
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 Maricopa 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. Agency Name 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 of 10.5% 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. Agency Name may collect sales tax, unless the Buyer has
provided a valid tax-exempt certificate to Maricopa 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 Maricopa Unified
School District assume
responsibility for packing, loading or transporting auction item(s). Buyer
shall be liable to and reimburse Maricopa
Unified School District for any
damage to Maricopa Unified School
District's property
caused by Buyer's or Buyer Agent's removal of auction item(s) from the premises.
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, Maricopa
Unified School District will
refund any money paid. The liability of Maricopa Unified School District shall not exceed the actual purchase price of the
property.
Vehicle
Titles. Maricopa Unified School District 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. Maricopa Unified School District 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, Maricopa Unified
School District may retain Buyer's bid deposit and 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,
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.
*THESE
TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*