CLOVER PARK SCHOOL DISTRICT ONLINE SALES TERMS AND CONDITIONS
Contract. An award of sale is a contract between the
winning bidder and the Clover Park School District. Upon the terms and
conditions set forth herein, the Clover Park 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. Clover Park 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. Clover Park 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
Clover Park 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. Clover Park 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, Clover Park 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 Clover Park 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 the Clover
Park School District. Payment for an awarded item must be received within five
business days after the date of the Notice of Award of the successful bid.
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 Clover
Park 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.
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. Clover
Park 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 10.5% 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.
Clover Park School District may collect sales tax, unless the Buyer has
provided a valid tax-exempt certificate to Clover Park 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 Clover Park School District assume responsibility for
packing, loading or transporting auction item(s). Buyer
shall
be liable to and reimburse Clover Park School District for any damage to Clover
Park 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 Clover
Park School
District
property.
For additional information, please contact Carl
Roach at (253) 583-7373 or via email at croach@cloverpark.k12.wa.us
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. Clover Park School District
will charge a storage fee of $5.00 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 Clover Park 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, Clover
Park School District will refund any money paid. The liability of Clover Park
School District shall not exceed the actual purchase price of the property.
Vehicle
Titles. Clover
Park 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. Clover Park 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, Clover Park School
District may 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.