AGENCY ONLINE SALES TERMS AND CONDITIONS
Contract. An award of sale is a contract between the winning bidder and Northeast Metro ISD 916 upon the terms and conditions set forth herein. Northeast Metro ISD 916 may pursue all legal remedies allowed by law against any bidder who fails to make payment for a winning bid.
Guarantee Waiver. The Property is sold "AS IS, WHERE IS, WITH ALL FAULTS" and without representation or warranty. The School District, as Seller hereby expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness for a purpose, and neither assumes nor authorizes other person to assume for it, any liability in connection with the sale of these goods. There is no warranty of vehicles odometer readings. Items are offered for sale using the services and Web site of Public Surplus, LLC (www.publicsurplus.com). Under no circumstances will the School District 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, even if the School District has been specifically advised of the possibility of such damages or losses.
No Description Warranty. Northeast Metro ISD 916 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. Bidders should avail themselves of the opportunity to view bid items.
Indemnification. Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold Northeast Metro ISD 916 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. Northeast Metro ISD 916 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. EACH BID IS RECEIVED with the understanding that the acceptance by the School District of the offer to purchase any or all of the items described therein shall constitute a contract between the bidder and the School District.
Reserve Requirement. If there is a reserve requirement and the reserve price is not met by the close of bidding, Northeast Metro ISD 916 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 Northeast Metro ISD 916’s discretion.
Notice of Award. Successful bidders will receive a Notice of Award by email from PublicSurplus.com
DIRECT contact with School District employees, other than the employees of the Purchasing Division, on the subject of this bid is prohibited except with the foreknowledge and permission of the Purchasing Manager or designated representative.
Payment. PayMac. a third-party payment processing company, receives all payments for Northeast Metro ISD 916. 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
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 Northeast Metro ISD 916 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. Northeast Metro ISD 916 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 $1 minimum charge per auction to collect payment. The premium will be visible during the bidding process and will be included in the payment required.
State/Local Sales and/or Use Tax. Northeast Metro ISD 916 may collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to Northeast Metro ISD 916 prior to payment on all auctions (excluding vehicles). If applicable, the sales tax will be visible during the bidding process and will be included in the payment specified.
Removal. Buyer must remove auction item(s) from the agency premises within fourteen (14) days after the time and date of issuance of the Notice of Award. If the Buyer, after making payment for an item, fails to remove the item within the specified time, the agency reserves the right (1) to retain all payments; and (2) to dispose of the item through another auction or otherwise. Successful bidders are responsible for packing, loading, removing and transporting all property awarded to them from the place where the property is located as indicated on the website and in the Notice of Award. The Buyer must make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will Northeast Metro ISD 916 assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse Northeast Metro ISD 916 for any damage to Northeast Metro ISD 916’s property caused by Buyer’s or Buyer Agent’s removal of auction item(s) from the premises. No maintenance may be performed on Northeast Metro ISD 916 property. For additional information, please contact Contact Name, (123) 456-7890, email@agency.com.
Abandonment of Item. Auction items paid for but not picked up within the specified time will be stored for 15 days from the last date of available pickup. Northeast Metro ISD 916 will charge a storage fee of __$ 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 Northeast Metro ISD 916 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, Northeast Metro ISD 916 will refund any money paid. The liability of Northeast Metro ISD 916 shall not exceed the actual purchase price of the property.
Vehicle Titles. Northeast Metro ISD 916 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. Northeast Metro ISD 916 will not issue replacement titles.
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, Public Surplus 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*