TUCSON UNIFIED SCHOOL DISTRICT
Department of Financial Services
Asset Management
2050 East Winsett
Tucson, Arizona 85719
(520) 225-4899
(520) 225-4991 (FAX)
TUSD Terms and Conditions of Sale
GENERAL: The property is sold "AS IS, WHERE IS, WITH ALL FAULTS" and without representation or warranty. TUSD as seller hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty of merchantability or fitness for a purpose, and neither assumes nor authorizes other person to assume for it, and liability in connection with the sale of these goods. There is no warranty of vehicle odometer readings. Items are offered for sale using the services and Web site of Public Surplus, LLC (www.PublicSurplus.com). Under no circumstances will TUSD be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages or losses based on or caused by any use of the auction web site or any other web site to which the site is linked, the content of such web sites, or any viruses or other harmful components derived from any such web sites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information, even if TUSD has been specifically advised of the possibility of such damages or losses.
DESCRIPTION WARRANTY: The description of surplus property offered for sale has been compiled from available data, but there is no guarantee or warranty on the part of TUSD as to condition or quality. Any claim for mis-description must be made prior to removal of the property. If TUSD confirms that the property does not conform to the description, TUSD will keep the property and refund any money paid. The liability of TUSD shall not exceed the actual purchase price of the property. Please note that upon removal of the property, all sales are final. THERE ARE NO EXPRESSED OR IMPLIED WARRANTIES ON ANY ITEMS LISTED.
CONSIDERATION OF BID: TUSD reserves the right to reject any and all bids and to withdraw from sale any of the items listed.
AWARD: will be made to the highest responsive, responsible bidder. Notification will be provided by Public Surplus, LLC via email to the selected bidder.
LIABILITY AFTER AWARD: The purchaser shall assume all liability for the property after the award is made. TUSD will exercise its normal care for protection up to the time of removal, but will not be responsible for any loss or damage whatsoever. No property may be removed by the purchaser prior to making full payment.
TUSD reserves the right to award by item, groups of items, or total bid; to reject any and all bids or portions thereof and to make awards if in its judgment the best interests of TUSD will be served.
ACCEPTANCE: By submitting a bid, the bidder agrees that they have read, fully understand and accept these Terms and Conditions of Online Sales, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified. Each bid is received with the understanding that the acceptance by TUSD of the offer to purchase any or all of the items described therein shall constitute a contract between the bidder and TUSD.
PREMIUM: The following Premiums will be added to all purchases made: 7% buyer's premium is the cost to the School District for the utilization of the third-party Web site provider. 1% seller's premium is the cost to the School District for managing the auction. The successful Bidder shall add and include the Premiums when making payment to TUSD.
ELIGIBILITY: A buyer/bidder must be a minimum of 18 years old and legally able to form binding contracts as a buyer in an auction.
INSPECTION: Most items offered for sale are used and may contain defects not immediately detectable. Bidders may inspect the property prior to bidding. All previewing of bid items will be by appointment only by calling TUSD Asset Management at (520) 225-4899 and prior to the auction closing date. Bidders should avail themselves of the opportunity to view bid items.
TUSD will furnish no services of any kind to the bidder for any and all costs associated with shipping including but not limited to packaging, crating, loading, freight unless otherwise indicated. No refunds or adjustments will be made on any award(s).
DIRECT contact with TUSD employees, other than the employees of Asset Management and Property Control on the subject of this bid is prohibited except with the foreknowledge and permission of Asset Management.
VEHICLE TITLES: TUSD 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. TUSD 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 contract and suspension from participation in all future sales until the default has been cured. If the Buyer fails in their performance of their obligations, TUSD may exercise such rights and may pursue such remedies as are provided by law.
An employee of the school district or a governing board member shall not directly or indirectly purchase or agree with another person to purchase surplus property if said employee or board member is, or has been, directly or indirectly involved in the purchase, disposal, maintenance, or preparation for sale of the surplus material.