MODESTO CITY SCHOOLS TERMS AND CONDITIONS
GENERAL: The
Property is sold and conveyed to the buyer USED, "AS IS, WHERE
IS". Modesto City Schools (the District), as Seller, hereby
expressly disclaims all warranties, either express or implied,
including implied warranty of merchantability or fitness for a
purpose, and neither assumes nor authorizes other person(s) to assume
for it, any liability in connection with the sale of said Property.
There are no guarantees, express or implied as to condition,
usability, merchantability, or fitness for a particular purpose.
Property sold is not subject to any breach of guarantee,
specifications, warranties, express or implied, as to the quality or
kind of any such product.
Minimum bid amounts, when indicated,
shall be applicable. Modesto City Schools reserves the right to
accept or reject any or all auction bids or any part of any auction
bid. Modesto City Schools is not responsible for any omissions or
errors in the description of items being offered for sale.
All
sales are final. Under no circumstances will a refund or adjustment
be made due to the property failing to meet buyer's
expectations.
Bidder agrees for and on behalf of bidder,
bidder's heirs, successors and assigns, that bidder shall indemnify
and hold Modesto City Schools, its officers, agents and employees
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 including claims for personal or bodily injury, death or
contract damages.
VIEWING OF AUCTION ITEMS: By appointment
only.
RECIEPT OF ITEM: Public Surplus will notify buyer of
receipt of payment via email. Buyer must remove auction item(s) from
said agency's premises within 5 business days of notification by
Public Surplus of receipt of payment.
Pick-up by
appointment only. The successful bidder will be responsible for
removal of items purchased. Item(s) will not be released until full
payment is received. The successful bidder will be responsible for
any cost of shipping item(s) purchased. The District is not equipped
for shipping. Items are available for local pick up only.
Payment.
PayMac, a third-party payment processing company, receives all
payments for Modesto City Schools. Payment for an awarded item must
be received within five (5) business days after 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 "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 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 pay partially for an auction by 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. If you need to do a wire
transfer, please email support at buyersupport@publicsurplus.com
asking for wire instructions or request the instructions via live
chat. These instructions will be emailed to you. Please follow them
exactly to allow for prompt payment.
BID DEPOSITS: Modesto
City 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.
BUYER'S
PREMIUM: A 10% Buyer Premium will be added to the final sale price
with a $1 minimum charge per auction to collect payment.
State/Local
Sales and/or Use Tax. Modesto City Schools will collect sales tax, on
non-vehicles if applicable, unless the buyer has provided a valid
tax-exempt certificate to Modesto City Schools prior to
payment.
TITLE: Title shall pass to buyer when full and
satisfactory payment is made. Risk of loss or damage to property
passes to buyer upon receipt by buyer at District's location, or when
buyer begins the removal of property from the District location,
whichever occurs first.
PERMITS AND AUTHORIZATIONS
REQUIRED BY LAW: buyer represents that they possess all necessary
permits and authorizations required to disassemble, remove,
transport, resell or otherwise properly dispose of the property being
acquired. Buyer agrees to comply with all applicable Federal, State,
and local laws, regulations and ordinances, including but not limited
to the Export of Technical data, insofar as they relate to buyers
performance.
INSURANCE REQUIREMENTS:
Winning bidders
are solely responsible for removing purchased item(s) from a District
location. In the event of a Winning Bidder's injury during the
removal of the purchased item(s) from a District location, workers'
compensation insurance is not available to the Winning Bidder because
such Winning Bidder is an independent contractor and is neither an
employee nor an authorized volunteer of the District. Further, in the
event that District property is damaged and/or destroyed during the
removal of the purchased item(s) from a District location, the
Winning Bidder agrees to indemnify the District for such damage.
Finally, Winning Bidder agrees to pay for such damage within 30 days
after the District presents its bill for repair and/or replacement of
the damaged District property.
CARB
REQUIREMENTS:
California Air Resources Board (C.A.R.B.)
regulations apply to certain diesel powered equipment. Please see
attached regulations. Excerpt from REGULATION FOR IN-USE OFF-ROAD
DIESEL VEHICLES; When operated in California, any off-road diesel
vehicle may be subject to the California Air Resources Board In-Use
Off-road Diesel Vehicle Regulation. It therefore could be subject to
retrofit or accelerated turnover requirements to reduce emissions of
air pollutants. For more information, please visit the California Air
Resources Board website
at
http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm
