AGENCY ONLINE SALES TERMS AND CONDITIONS
Contract. An
award of sale is a contract between the winning bidder and Yuba City
Unified School District upon the terms and conditions set forth
herein. Yuba City 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. Yuba City 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. Yuba City 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 Yuba City 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. Yuba City
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,
Yuba City 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 Yuba City 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 Yuba City 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 Yuba City 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.
Yuba City 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 of 10% 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.
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 Yuba City Unified School
District assume responsibility for packing, loading or transporting
auction item(s). Buyer shall be liable to and reimburse Yuba City
Unified School District for any damage to Yuba City 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
Yuba City Unified School District property. For additional
information, please contact Mary DeLong 530-822-5075,
mdelong@ycusd.org.
Abandonment of Item. Auction items paid
for but not picked up within the specified time will be stored for 15
days from the last date of available pickup. Yuba City Unified School
District will charge a storage fee of $50 per day during this time,
which must be paid by Buyer before the item will be released. At the
expiration of the 15 day period, the item will be deemed abandoned
and may be auctioned again to pay the storage fee. Any amount
received in excess of the storage fee will be retained by Yuba City
Unified School District as payment for additional efforts to dispose
of the item.
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, Yuba City Unified School
District will refund any money paid. The liability of Yuba City
Unified School District shall not exceed the actual purchase price of
the property.
Vehicle Titles. Yuba City 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. Yuba City
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, Yuba City
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,
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.
*THESE TERMS AND CONDITIONS
ARE SUBJECT TO CHANGE WITHOUT NOTICE*
