CARTWRIGHT SCHOOL DISTRICT
ONLINE SALES TERMS AND CONDITIONS
Contract. An award of
sale is a contract between the winning bidder and Cartwright School
District upon the terms and conditions set forth herein. Cartwright
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. Cartwright
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. Cartwright 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 Cartwright School District 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 Cartwright 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. Cartwright 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,
Cartwright 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 discretion of Cartwright School
District.
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 Cartwright 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 Cartwright 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.
Cartwright 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 Cartwright School District 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 Cartwright School
District 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 Cartwright School District
assume responsibility for packing, loading or transporting auction
item(s). Buyer shall be liable to and reimburse Cartwright School
District for any damage to Cartwright School DistrictÕs
property caused by BuyerÕs or Buyer AgentÕs removal of
auction item(s) from the premises. No maintenance may be performed on
Cartwright School District property. For additional information,
please contact the Òauction contactÓ named on the
auction page.
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. Cartwright School
District will charge a storage fee of $25.00 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
Cartwright 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 buyerÕs agent or employee, Cartwright
School District will refund any money paid. The liability of
Cartwright School District shall not exceed the actual purchase price
of the property.
Vehicle Titles. Cartwright 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. Cartwright
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,
Cartwright School District may retain BuyerÕs 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*