KIRTLAND LOCAL SCHOOL DISTRICT
ONLINE SALES TERMS AND CONDITIONS
Bidder acknowledges and agrees that prior to submitting a bid, Bidder has read, understands, and fully accepts all of these Online Sales Terms and Conditions. Bidder further acknowledges and agrees that by submitting a bid, bidder is legally bound by all of these Terms and Conditions of Online Sales.
Contract. An award of sale by Kirtland Local School District to a bidder shall constitute a legally binding and enforceable contract between the winning bidder and Kirtland Local School District, subject to the terms and conditions set forth herein. Kirtland Local School District may pursue all legal remedies allowed by law against any bidder who fails to make full payment for a winning bid. A “winning” or “successful” bidder is sometimes hereinafter referred to as “Buyer.”
Disclaimer of Warranty. All property is offered for sale as-is, where-is. Kirtland Local 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 and Kirtland Local School District hereby disclaims any and all such representations, warranties and guarantees. Some or all items 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 items prior to any use. In no event shall Kirtland Local School District be liable for any loss of profit, indirect, incidental, special, punitive, or consequential damages arising out of or relating to any transaction hereunder and bidder/Buyer hereby expressly waives and releases Kirtland Local School District from any and all such claims.
No Description Warranty. Kirtland Local School District is not responsible for any omissions or errors in description of items being offered for sale. It shall be Buyer’s responsibility to inspect and satisfy himself or herself as to the details and conditions of the item offered before entering a bid. Kirtland Local School District does not attest to or represent or warrant the authenticity of any item. Kirtland Local School District makes no representations or warranties, express or implied, of any nature or kind whatsoever, and Kirtland Local School District hereby disclaims any and all such representations and warranties.
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.
Release; Indemnification. Bidder/Buyer, individually and on behalf of all persons or entities claiming by or through the bidder/Buyer, hereby releases and agrees to indemnify and hold harmless, Kirtland Local School District, and its board members, employees, and agents, from and against any and all claims, demands, and damages of whatever kind, in law, equity, tort or contract, arising out of or relating to any sale or failure to sell any item hereunder.
Consideration of Bid. Kirtland Local School District reserves the right to reject any and all bids and to withdraw from the 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, Kirtland Local 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 Kirtland Local School District’s sole 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 Kirtland Local School District. 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 Buyer elects to pay with a credit card, Buyer must follow the instructions below. The credit card limit per transaction is $4,000.00. For payments larger than this amount, Buyers must 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, Buyer will be notified by email sent to the address provided by Buyer at registration with Publicsurplus.com. Buyer may then contact Kirtland Local School 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.
If Buyer intends to have a third-party pick up an item for Buyer, such third-party will need to bring the Notice of Award and the Paid Receipt (photocopies are acceptable), plus written authorization from Buyer specifically identifying the third-party as Buyer’s authorized representative, along with the third-party’s own personal picture identification. In addition, the third-party must arrange for Buyer to send an e-mail from Buyer’s e-mail address used for the auction, stating that the third-party is authorized to pick-up the item.
Shipping. Kirtland Local School District will not ship any item(s). Buyer is responsible for picking up any item or arranging for a third-party to pick on the item on Buyer’s behalf in accordance with the above procedures.
Bid Deposits. Kirtland Local School District may require bid deposits in order to ensure fairness to all bidders. The deposit will be reversed/refunded 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. Kirtland Local School District may collect sales tax, unless Buyer has provided a valid tax-exempt certificate to Kirtland Local 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 Kirtland Local School District premises within ten (10) business days after the time and date of issuance of the Notice of Award. If Buyer, after making payment for an item, fails to remove the item within the specified time, the Kirtland Local School District 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. Buyer must make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will Kirtland Local School District assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse Kirtland Local School District for any damage to Kirtland Local 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 Kirtland Local School District property.
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 Buyer, or Buyer’s agent or employee, Kirtland Local School District will refund any money paid by Buyer for the item. The liability of Kirtland Local School District shall not exceed the purchase price actually paid by Buyer for the property.
Vehicle Titles. Kirtland Local School 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. Kirtland Local School District will not issue replacement titles.
Default. Default shall include (1) failure to comply with these terms and conditions; (2) failure to make good and timely payment in full; or (3) failure to remove all purchased 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 Buyer fails in the performance of Buyer’s obligations, Kirtland Local School District may retain Buyer’s bid deposit and exercise such rights and pursue such remedies as are provided by law.