Terms & Conditions

Public Surplus Terms and Conditions 12.18.20

TERMS AND CONDITIONS OF SALE
ST JOHNS COUNTY SCHOOL DISTRICT
PURCHASING DEPARTMENT

GUARANTY WAIVER. All property is offered for sale "as-is, where is," with all faults and without warranty. The St. Johns County School District, as Seller, makes no warranty, guaranty, or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. The Buyer is not entitled to any payment for loss of profit or any other money damages - special, direct, indirect, or consequential. There is no warranty of vehicles odometer readings.

DESCRIPTION WARRANTY. The St. Johns County School District warrants to the Buyer that the property offered for sale will conform to its description. Any claim for misdescription must be made prior to the removal of the property. If the St. Johns County School District confirms that the property does not conform to the description to the description, the St. Johns County School District will keep the property and refund any money paid. The liability of the St. Johns County School District shall not exceed the actual purchase price of the property. Upon removal of the property, all sales are final.

CONSIDERATION OF BID. The St. Johns County School District reserves the right to reject any and all bids and to withdraw from sale any of the items listed.

AWARD. Award will be made to the highest responsive, responsible bidder. Notification of Award will be provided by Public Surplus, LLC via e-mail to the selected bidder. No refunds or adjustments will be made on any award(s).

The School District 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 the School District will be served.

LIABILITY AFTER AWARD. The purchaser shall assume all liability for the property after the award is made. The School District will exercise its normal care for protection up to the time for 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.

PAYMENT TERMS. PayMac, a third-party payment processing company, receives all payments for the St. Johns County School District. Payment in full is due no later than five (5) business days after the Notice of Award of the successful bid. Acceptable forms of payment are:

• Discover

• Master Card

• Visa

• Wire Transfer

No payment will be accepted on site.

For any questions regarding payment issues contact Public Surplus directly.

For payments over $4,000, a Wire Transfer is required. 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.

BUYERS PREMIUM. A Buyers Premium of 10.5% will be added to the final sale price with a $1 minimum charge per auction to collect payment. This premium will be visible during the bidding process and added to the total bid.

TAXES. Florida State and local sales tax shall be added to all purchases. The buyer shall add and include the sales tax amount when making payment to the School District. For Florida tax exempt buyers, buyer must fax all tax exemption certificates to District prior to bidding on property.

REMOVAL. All property must be removed within ten (10) business days from the time and date of the Notice of Award. Purchases will be released only upon receipt of payment as specified. Successful bidders are responsible for loading and removal of any and all property awarded from the place where the property is located. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. St. Johns County School District will furnish no services of any kind to the bidder for any and all costs associated with jump starting of any awarded vehicles, or shipping including but not limited to packaging, crating, loading, freight unless otherwise indicated. The successful bidder will be directed to the address where the item is located upon payment of the bid amount for pickup of the property. Removal of the property will be by appointment only.

Pickup of awarded property by anyone other than the successful bidder requires (1) An email from the successful bidder's email address to the District stating the individual who is authorized to pick up the awarded property, (2) the authorized individual must bring the Notice of Award, (3) the authorized individual must bring a copy of the Paid Receipt, and (4) the named individual must bring a picture identification. The District will not accept Freight companies for third party pickup.

DEFAULT. If the Buyer fails to pay for the property within five (5) business days or remove their property within ten (10) business days, the surplus property purchased may be promptly re-sold in such manner as the District may elect and the defaulting purchaser charged with any loss or additional cost incurred. No refunds shall be awarded to any purchaser for abandoned property. Any buyers who are originally awarded property and default on their winnings, or fail to remove all awarded property, will not be allowed to participate in future auctions with the District.

GENERAL. Items are offered for sale using the services and Web site of Public Surplus, LLC (www.publicsurplus.com). Under no circumstances will the School District 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 the School District has been specifically advised of the possibility of such damages or losses.

Direct contact with School District employees, other than the employees of the Purchasing Division, on the subject of this bid is prohibited except with the foreknowledge and permission of the Purchasing Director or his representative.

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 (appointment only).

APPLICABLE LAW, VENUE. Any contract resulting from this solicitation shall be governed in all respects by the laws of the State of Florida and any litigation with respect thereto shall be brought in the courts of the State of Florida, St Johns County. The buyer shall comply with applicable federal, state, and local laws and regulations.

ACCEPTANCE OF TERMS AND CONDITIONS. By submitting a bid, the bidder agrees they have read, fully understand, and accept these Terms and Conditions. Each bid is received with the understanding that acceptance by the School District of the offer to purchase any or all of the items described therein shall constitute a contract between the bidder and the School District.