Public Surplus: Auction #3858143

CARROLL COUNTY PUBLIC SCHOOLS TERMS & CONDITIONS FOR USE ON PUBLIC SURPLUS AUCTION WEBSITE

1. General: Items are offered for sale by Carroll County Public Schools identified herein as the CCPS. However, a third-party web site provider, an online auction services contractor, is utilized. Those submitting bids are identified herein as "bidder(s)" or "buyer(s)".

2. Eligibility: A buyer must be a minimum of 18 years old and legally able to form binding contracts as a buyer in an auction.

3. Inspection: Most items offered for sale are used and may contain defects not immediately detectable. The responsibility to determine the condition of the property rests with the bidder. Bidders may inspect the property prior to bidding. Prospective bidders will not be allowed to test, operate or disassemble any item featured in an auction. Bidders must adhere to the inspection dates and times indicated in the item description or contact the person listed to schedule an inspection.

4. Warranty: All equipment will be sold "as is", "where is", and "with all faults, if any". CCPS disclaims all warranties or guarantees, expressed or implied, as to the condition, quality, completeness or fitness for any particular or general purpose or compliance to safety regulations of the equipment being sold. Descriptions of items appearing in this online auction are believed to be correct. However, neither those descriptions, nor any oral statements made concerning any item, shall be considered as a warranty, expressed or implied.

5. Consideration of Bid: CCPS reserves the right to reject any and all bids and to withdraw from sale any of the items listed.

6. Notice of Award: Successful bidders will receive a Notice of Award by email from PublicSurplus.com.

7. Ownership: At the end of the auction, the highest bidder has entered into a binding contract with the county, and is obligated to pay the price bid. Placing the winning bid, but not paying for the product, is illegal in most states, and may result in prosecution. The winning bid cannot be retracted unless due to a fault of the county, for example, typographical or other error.

Awarded items must be removed from the county's premises within 10 business days of the close of auction. However, no property may be claimed or removed prior to making full payment. If unclaimed by winning bidders, the county reserves the right to re-auction or award the item to the next highest bidder.

Bidders that fail to claim, pay for, and remove auction items from the county's premises by the close of business on the 10th business day after the close of the auction shall forfeit their rights to the auction item, and be declared as a default bidder. The county may ban a default bidder from participating in future online auction events. If one item goes into default, all items won by the bidder go into default and are subject to resale. Bidders should verify winning status before traveling to the county location.

8. Payments: PayMac, a third party processing company, collects all payments for Carroll County Public Schools. Payment for an awarded item must be received within 5 business days of close of auction. Payment shall be made online by credit card or wire transfer. If you choose to pay with a credit card, please follow the instructions below. The credit card limit per transaction is $4000.00. 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 "My Stuff" and then click on "Past Bids". Click on the description of the auction and then click on "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 of an auction allowed. All auctions must be paid in full per payment process used per auction. For example: You WILL NOT be able to pay partially for an auction be 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. No cash, checks, or money orders will be accepted. If you need to do a wire transfer, please email support at buyersupport@publicsurplus.com asking for wire transfer instructions or request the instructions via live chat. These instructions will be emailed to you. Please follow them exactly to allow for prompt payment.

9. Bid Deposits: Carroll County Public Schools may require bid deposits in order to ensure fairness and equity to all buyers as a way to decrease default bidding. The deposit will be reversed if no default occurs or the bidder does not win the auction. Public Surplus will collect and retain the deposit if there is a default by the winning bidder.

10. Buyers Premium: A Buyers Premium of 10% will be added to the final price with a $1 minimum charger per auction to collect payment. If added, the premium will be visible during the bidding process and will be included in payment to Public Surplus.

11. Taxes: Carroll County Public Schools may collect sales tax of 6%, unless the buyer has provided a valid tax-exempt certificate to CCPS prior to payment. If applicable, the sales tax will be visible during the bidding process and will be included in your payment to Public Surplus.

12. Removal: Public Surplus will notify the Buyer upon receipt of payment. The Buyer may then contact the responsible party listed for that item and arrange for a mutually convenient pick up time. The Buyer must bring the "Notice of Award" with the "Paid Receipt" and personal identification such as a drivers license of DMV ID to the pick up location. The Buyer must present these forms of identification at the scheduled pick up of the auction or the item(s) will not be released.

All items must be removed within 10 working days from the time of issuance of the Notice of Award. Unless otherwise noted, all items sold must be picked up. CCPS is not equipped to ship items, or prepare items for shipping. Winning bidders will be solely responsible for pick-up. CCPS will not be responsible for items after buyer, or designated shipper, takes possession. CCPS assumes no liability for the removal of equipment, and will not supply equipment to assist in the removal. Any damage to Carroll County Public Schools property will be the responsibility of the person removing said equipment. Allow sufficient time to load items into vehicles before close of business.

13. Indemnification : Buyers agree to indemnify and hold harmless CCPS 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 CCPS, its former, present and future agents, employees, officers, officials and legal representatives (collectively know as "the county") from any liability arising out of the sale and/or concurrent negligence of CCPS 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 CCPS owned property.

14. Liability: Items are offered for sale using the services and web site of the online auction services contractor. Under no circumstances will CCPS be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages or losses based on, or caused by, any use of the auction web site, or any other web site to which the site is linked, the content of such web sites, or any viruses or other harmful components derived from any such web sites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information.

CCPS strives to make the online auction system as accurate as possible. However, errors and equipment malfunctions are possible and may occur without notice. In case of malfunctions of hardware or software, the county reserves the right to cancel any sale, even if an award notification e-mail has been received. CCPS cannot and will not guarantee uninterrupted access to the auction system.

15. Reproduction of Auction Materials and Resale of Items Listed: Bidders or website users may reproduce or copy images, photographs, or descriptions of property listed on the auction site for personal use only. Bidders and website users may not reproduce, display, or broadcast online auction materials by any means, or by using any media, without the express written permission of the county. CCPS reserves the right to disallow participation in the online auction by any website user or bidders at any time for violating applicable laws, ordinances, terms and conditions listed here, or for activity deemed unacceptable by CCPS. Before paying for and taking possession of the items listed for sale by CCPS, successful bidders and website users shall not post or list the same items for sale by any other means. Please be advised that CCPS auction staff reports suspected fraud or criminal activity to the proper authorities.

16. Privacy: CCPS gathers information from bidders so that it will know who has won an auction item. Personal information is not sold or rented. Personal information is used for the purpose of conducting online auctions and not used for any other purpose.

17. Applicable Law: Although this site may be accessed from any state, bidders who participate in this auction agree that the laws of the State of Maryland shall govern all matters relating to the use of this auction and purchase of items listed by CCPS on this site.

18. Acceptance of Terms and Conditions: By submitting a bid, the bidder agrees they have read, fully understand and accept these Terms & Conditions of Online Sales, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified.