Delhi Unified School District
ONLINE SALES TERMS AND CONDITIONS
Contract.� An award of sale is a contract between the winning bidder (�Buyer�) and Delhi Unified School District (�District�) upon the terms and conditions set forth herein. District hereby sells, transfers, conveys and quitclaims to Buyer and Buyer hereby purchases, accepts and assumes all of District�s right, title and interest in and to the property offered for sale (�Personal Property.�)� District may pursue all legal remedies allowed by law against any Buyer who fails to make payment for a winning bid.
Guarantee Waiver.� All Personal Property is offered for sale as-is, where-is. 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 Personal Property.� Some Personal Property may have been declared unsafe in their present condition by a federal or state safety standard.� Buyer should inspect and, if necessary, repair/test all Personal Property 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. District is not responsible for any omissions or errors in description of Personal Property being offered for sale. It shall be the Buyer�s responsibility to inspect and satisfy him or herself as to the details and conditions of the Personal Property offered before entering a bid.� District does not attest to the authenticity of the Personal Property.
Inspection.� Personal Property may be used and may contain defects not immediately detectable.� Bidders may inspect the Personal Property prior to bidding.� Bidders must adhere to the inspection dates and times indicated in the Personal Property description or contact the person listed to schedule an inspection.
Indemnification. Buyer agrees for and on behalf of Buyer, Buyer�s agents, heirs, successors and assigns that bidder shall indemnify and hold District harmless from and against any loss, claim, demand or cause of action arising or alleged to have arisen out of (i) the sale of Personal Property; or (ii) Buyer�s ownership, possession, use, operation, maintenance, or disposition of the Personal Property on and after the sale.
Consideration of Bid. District reserves the right to reject any and all bids and to withdraw from sale any of the Personal Property 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, District reserves the right to sell the Personal Property to the next highest bidder, relist the Personal Property for auction, or otherwise dispose of the Personal Property at District�s discretion.�
Notice of Award. �Successful bidders will receive a Notice of Award by email from PublicSurplus.com
Payment.� PayMac Inc.� a third-party payment processing company, receives all payments for District. Payment for the Personal Property must be received within five (5) business days after the date of the issuance 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 Buyer 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 Buyer 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, Buyer 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 Buyer 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.� Please follow them exactly to ensure prompt payment.
Pick-Up and Third Party Pick-Up Procedures
1. The Buyer is responsible for the pick-up of the Personal Property, and all associated such costs. Upon receipt of payment, Buyer will be notified by email sent to the address Buyer provided at registration with Publicsurplus.com.� Buyer may then contact District and arrange for a mutually convenient pick-up time. Buyer 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). Buyer must present all three identification items at the scheduled pick-up, or the auction item(s) will not be released to Buyer.
2.� If a Third-Party is picking up an item for Buyer, the Third-Party will need to bring the Notice of Award and the Paid Receipt (photo copies are acceptable), plus a note from the Buyer specifically naming the Third-Party as the authorized representative, along with the Third-Party�s personal picture identification. In addition, the Third-Party must arrange for the Buyer to send an e-mail from the Buyer�s e-mail address used for the auction, stating that the Third-Party is authorized to pick-up the item.
Shipping.� Personal Property will not be shipped to Buyer. �It is Buyer�s responsibility to follow the Third-Party Pick-Up Procedures above to ensure that your item is released.��� �
Bid Deposits.� 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 Buyer 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.� Buyer shall be responsible for filing all required sales and use tax returns in connection with the transfer of the Personal Property. District shall collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to District prior to payment. If applicable, the sales tax will be visible during the bidding process and will be included in the payment specified.
Transfer Costs.� Buyer shall be responsible for filing all required transfer of ownership documents in connection with Buyer�s purchase of Personal Property.� Buyer shall pay for, and indemnify District against, all required taxes, fees, and transfer costs and expenses that arise as a result of Buyer�s purchase and ownership of Personal Property.�
Removal.� Buyer must remove Personal Property from the District�s 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 the Personal Property, fails to remove the Personal Property within the specified time, the District reserves the right (1) to retain all payments; and (2) to dispose of the Personal Property through another auction or otherwise. Buyer is responsible for packing, loading, removing and transporting Personal Property from the place where the Personal 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 District assume responsibility for packing, loading or transporting Personal Property. Buyer shall be liable to and reimburse District for any damage to Personal Property caused by Buyer�s or Buyer agent�s removal of Personal Property from the District�s property. No maintenance may be performed on District property. �
Buyer agrees that it and any contractor or agent that it may hire to remove the Personal Property shall maintain in force during all removal work commercial general liability and automobile liability policies (�Commercial Coverages�) with minimum policy limits of $1,000,000 per-claim and $2,000,000 aggregate, and workers compensation insurance coverage at the minimum statutory limits. The District and its Board of Trustees shall be covered as additional insured for the removal work under the Commercial Coverages. Prior to removing the Personal Property, Buyer shall provide copies of certificates of insurance to District.
Risk of Loss.� In the event the Personal Property 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, District will refund any money paid. The liability of District shall not exceed the actual purchase price of the Personal Property.
Vehicle Titles.� District will issue a title or certificate upon pick up with confirmed payment.� Titles may be subject to any restrictions as indicated in the item description on the website.� Open titles cannot be issued. 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 Personal Property 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, District may retain Buyer�s bid deposit and exercise such rights and pursue such remedies as are provided by law.
Governing Law.� These terms and conditions shall be governed by, and construed in accordance with, the laws of the State of California, with venue for any legal proceeding being held in Merced County.
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 Personal Property, if the bid is accepted, by the dates and times specified.
*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*