Loudoun County Public Schools
Online Surplus Sale Terms and
Conditions
Sale
of Surplus: Items are offered for sale by Loudoun County Public
Schools, Virginia ("LCPS") through a third-party website
provider, PublicSurplus.com ("Website"). Individual(s)
submitting bids are identified herein as "Bidder(s)."
Individual(s) selected by LCPS to purchase item(s) on which they have
bid are identified herein as "Buyer(s)."
Consideration
of Bid: LCPS reserves the right to reject any and all bids and to
withdraw from sale any property listed and/or to waive all
informalities.
Submission
of Bids: All bids must be submitted in accordance with the
procedures established by PublicSurplus.com. A detailed explanation
of the bidding process can be found on the Website under Help/Buyer's
information. Bids submitted in any other manner (i.e., verbal,
telephone, fax, email, etc.) will NOT be accepted. It is the
responsibility of the Bidder to see that bids are submitted by the
specified time and date. No exceptions will be granted.
Bid Deposits: LCPS requires bid deposits to ensure fairness and equity to all buyers as a way to decrease default bidding.
Acceptance
of Terms and Conditions: By submitting a bid, the Bidder agrees
that they have read, fully understand, and accept these Online
Surplus Sale Terms and Conditions, and agree to pay for and remove
the property, if the bid is accepted, by the dates and times
specified.
Award
of Bid: Award will be made to the highest responsive and
responsible Bidder.
Guarantee/Warranty
Waiver: All property is offered for sale "as-is, where-is."
LCPS makes no warranty, guarantee, or representation of any kind,
expressed or implied, as to the merchantability or fitness for any
purpose of the property offered for sale. The description of the
property offered for sale has been compiled from available data, but
there is no guarantee or warranty on the part of LCPS as to the
actual condition or quality of the property. Any condition statement
is given as a courtesy; it is only an opinion and should not be
treated as a statement of fact. LCPS shall have no responsibility for
any error or omission. Be aware that LCPS does not always have
firsthand knowledge of the items being sold. For those items
available for inspection, Bidders are expected to examine the
property and determine for themselves the information they desire
concerning the property. The items purchased immediately become the
responsibility of the Buyer at the time it is sold by LCPS. Any costs
to make an item functional are the responsibility of the Buyer. Items
which require repair, maintenance, or additional investment are also
the responsibility of the Buyer.
Inspection
of Items: Most items offered for sale are used and may contain
defects not immediately detectable. Bidders may inspect the property
prior to bidding, however not all items are available for inspection.
Those items available for inspection will include specific inspection
instructions on the auction page for the specific auction. For more
information on inspection, please contact the person listed in the
specific auction. Not all items are available for inspection.
Personal
and Property Risk: Bidders and/or Buyers onsite during inspection
or removal of goods assume all risks of damage of or loss to person
and property and specifically release LCPS and Website from liability
therefore. The Buyer is to assume liability for the property after
the award is made. LCPS will exercise usual care for protection up to
the time of removal, but will not be responsible for any loss or
damage whatsoever. Buyers are encouraged to remove the items as soon
as possible after payment has been made and are required to remove
the items within the timeframe specified herein.
Buyer's
Certificate: Successful Bidders will receive a Notice of Award by
email from the Website.
Sales
Tax: Virginia sales tax will be added to the successful Bidder's
offer for the sale of non-licensed equipment. Where applicable, sales
tax will be added to the total bid price.
Website
Auction Fee: 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. This fee shall be added to total
bid price.
Payment:
PayMac, a third-party payment processing company, receives all
payments for Loudoun County Public Schools. Payment for an awarded
item must be received by 2:00 pm (ET) on the fourth business day
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. 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 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 LPCS by email to schedule pickup. All items must be
picked up within five (5) business days from the time and date of the
Notice of Award from the Website. You must bring to the pick-up
location (1) the Paid Receipt and (2) personal picture identification
(such as a Driver License). You must present both identification
items at the scheduled pick-up, or the auction item(s) will not be
released to you. See vehicle title paragraph below for vehicle
purchases.
2. If the winning buyer needs someone else to
pick up the item, that person will need to bring the Paid Receipt
(photo copies are acceptable), plus a note from the designated
winning bidder specifically naming the person as the authorized
representative to pick up the item, along with personal picture
identification. Before property will be released, the winning bidder
is required to send an e-mail from the winning bidder e-mail address
used for the auction, identifying the authorized representative
authorized to pick-up the item.
Removal
of Items: All items must be removed within five (5) business days
from the time and date of the Notice of Award from the Website.
Property will only be released upon receipt of payment in full as
described above. Items purchased under the Invitation will be
released only to the Buyer or the Buyer's authorized representative.
The authorized representative must furnish written authorization by
e-mail from the Buyer to LCPS before any release will be made. Buyer
must present receipt of payment at time of pickup in order to verify
authority of removal. No buyer who is blocked from bidding on LCPS
auctions may act as an authorized representative for payment and
removal of items. Buyers are responsible for loading and removal of
all property awarded to them from the place where the property is
located as indicated in the individual auction. The Buyer shall make
arrangements and perform all work necessary, including packing,
loading, and transportation of the property. Under no circumstances
will LCPS assume responsibility for or participate in packing,
loading, or shipping. Property may be removed between the hours of
7:30am to 3pm, (Eastern Time Zone), BY APPOINTMENT ONLY, five (5)
business days after close of auction excluding LCPS observed
Holidays. Please contact the agency representative listed in the
individual auction at least twenty-four (24) hours in advance to
arrange for pickup. The Buyer shall assume all liability that may be
incurred in connection with the removal of the property from the
premises, including consequential damages to LCPS premises or
property. The removal of extra-large auction items possibly requiring
rigging, hoisting, or professional moving services will need LCPS
preapproval of the Buyer�s plan for such and provision of a
Certificate of Liability Insurance satisfactory to LCPS. If the Buyer
does not remove the property purchased within the timeframes listed
herein, LCPS reserves the right to retain the payment received, and
resell the property at their sole discretion and price, keeping any
proceeds from the resale.
Default: Default shall include (1)
failure to observe these Terms and Conditions; (2) failure to make
good and timely payment in specified time; or (3) failure to remove
all items within the specified time. Default may result in
termination of the sale and suspension from participation in all
future sales by LCPS. In addition, LCPS reserves the right to block
bidders from participating in LCPS auctions if they have defaulted on
auctions with other public entities. Bidders will be blocked by
username, registered name, registered e-mail address and registered
physical address. Blocked bidders shall not be allowed to bid on, pay
for or pickup any auction item. If the Buyer fails in the performance
of their obligations, LCPS may exercise such rights and may pursue
such remedies as are provided by law. LCPS reserves the right to sell
defaulted auction items to bidders at their sole discretion and
price.
Vehicle Titles: LCPS will issue a title or certificate
upon receipt of payment. Titles may be subject to any restrictions
and/or discrepancies as indicated in the item description on the
online auction. Open titles cannot be issued. LCPS will not issue
replacement titles. The name and address listed on the Buyer�s
account will be placed on the title. For the title to read �resale�,
the Buyer must present a valid dealer�s license and
affiliation of dealership.
Computer
equipment: All software and operating systems are removed from
the computers. All technology equipment such as computers, monitors,
printers, copy machines, and other related items are sold with the
possibility of missing parts or components unless specified in each
items auction. All PC and laptop hard disk drives were wiped in mass
on stand-alone hard drive hardware using US DOD 5220.22-M standards.
General
Disclaimers/Information:
* Under no circumstances will LCPS
be liable to any person or entity for any direct, indirect, special,
incidental, consequential, or other damages or losses based on or
caused by any use of the Website or any other website to which the
site is linked, the content of such website, or any viruses or other
harmful components derived from any such websites, including, but not
limited to, any lost profits, revenue, or use, business interruption,
or loss of computer programs or information, even if LCPS has been
specifically advised of the possibility of such damages or losses.
* Links to other websites or internet locations from this Website have been provided for your convenience only. LCPS does not endorse, sponsor, or approve any of the content of such website. LCPS has no control over any of the websites or other internet locations that may be accessed through this Website and is not responsible for the content or accuracy of the content of any such websites or locations. If you access any other websites or internet locations through this Website, you do so at your own risk.
* Hold Harmless: Bidders and Buyers hereby agree to hold harmless LCPS and its employees for any or all liabilities of any nature, omissions or errors in the sale or use of the items. Buyers must understand that he/she is buying the property entirely upon his/her own examination, evaluation, or opinion based on the information given in each items posting.
*
Any bid or award resulting from an auction shall be governed in all
respects by the laws of the Commonwealth of Virginia and any
litigation with respect thereto shall be brought in the courts of the
County of Loudoun in Leesburg, VA. The Buyer shall comply with all
applicable Federal, State, and local laws and regulations.
*
Withdrawal of items: Despite LCPS best efforts to avoid
withdrawal of items from the sale after they have been advertised or
offered, it may become necessary; therefore, LCPS reserves the right
to remove any, all, or any portion of items from sale or auction
prior to an initial bid.
Latest Revision: 1 November
2021