TEMPE ELEMENTARY SCHOOL DISTRICT ONLINE SALES TERMS AND
CONDITIONS
EMPLOYEE PURCHASES: Per A.A.C. R7-2-1131
(C)(6), an employee of the school district or a governing board
member, or an employee of a school district agent conducting an
auction on behalf of the school district, 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.
Contract: An
award of sale is a contract between the winning bidder and Tempe
Elementary School District upon the terms and conditions set forth
herein. Tempe Elementary School District may pursue all legal
remedies allowed by law against any bidder who fails to make payment
for a winning bid.
Guarantee Waiver: All property is
offered for sale as-is, where-is. Tempe Elementary 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. Some or all items may have been declared unsafe in their
present condition by a federal or state safety standard. Buyers
should inspect and, if necessary, repair/test all items 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: Tempe Elementary School District is not responsible for any
omissions or errors in description of items being offered for sale.
It shall be the bidder's responsibility to inspect and satisfy him or
herself as to the details and conditions of the item offered before
entering a bid. The Tempe Elementary School District does not attest
to the authenticity of any item.
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.
Indemnification: Bidder agrees for and on
behalf of bidder, bidder's heirs, successors and assigns that bidder
shall indemnify and hold Tempe Elementary School District 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 of
surplus property including claims for personal or bodily injury,
death or contract damages.
Consideration of Bid: Tempe
Elementary School District reserves the right to reject any and all
bids and to withdraw from 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, Tempe Elementary 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 Tempe
Elementary School District's discretion.
Notice of Award:
Successful bidders will receive a Notice of Award by email from
PublicSurplus.com
Payment: PayMac, handles all payments
for Tempe Elementary School District. Acceptable forms of payment
are: Wire Transfer or Credit Card.
NO CASH, CHECKS, OR MONEY
ORDERS WILL BE ACCEPTED! Payment for an awarded item must be received
within five (5) business days after notice of award.
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.
Pick-Up and Third Party Pick-Up Procedures:
1.
Contact the Purchasing Department at 480-730-7166 to arrange for a
mutually convenient pick-up time. Be sure to bring with you to the
pick-up location (1) the "Notice of Award," and (2)
personal identification (such as a Driver's License). You must
present both items at the scheduled pick-up, or the auction item(s)
will not be released to you.
2. If you are picking up an
item for someone else, you will need the "Notice of Award"
(photo copy is acceptable), plus a note from the designated "winning
bidder" specifically naming you as authorized representative,
along with your own identification. In addition, you must arrange for
the winning bidder to send an e-mail from the winning bidder's e-mail
address used for the auction stating that you are authorized to
pick-up the item.
Shipping: We cannot ship any item(s).
However, you may contact a local carrier of your choice to pick-up,
package, and ship your item(s) for you. It will be your
responsibility to follow the Third-Party Pick-Up Procedures above to
ensure that your item is released.
Bid Deposits: Tempe
Elementary School 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 winning bidder defaults.
Buyer
Premium: A Buyers Premium of 10% will be added to the final sale
price with a $1 minimum charge per auction for payment of auction
services. This premium will be visible during the bidding process and
added to the total bid.
Removal: After the time and date
of issuance of the Notice of Award, Buyer must remove auction item(s)
from the Tempe Elementary School District premises within ten (10)
business days unless otherwise specified in the item listing. If the
Buyer, after making payment for an item, fails to remove the item
within the specified time, the Tempe Elementary 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. The Buyer
must make all arrangements and perform all work necessary, including
packing, loading and transportation of the property. Under no
circumstances will Tempe Elementary School District assume
responsibility for packing, loading or transporting auction item(s).
Buyer shall be liable to and reimburse Tempe Elementary School
District for any damage to Tempe Elementary 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 Tempe
Elementary School District property. For additional information,
please contact the "auction contact" named on the auction
page.
Abandonment of Item: Auction items paid for but not
picked up within the specified time will be stored for 5 days from
the last date of available pickup. Tempe Elementary School District
will charge a storage fee of $50 per day during this time, which must
be paid by Buyer before the item will be released. At the expiration
of the 5 day period, the item will be deemed abandoned and may be
auctioned again to pay the storage fee. Any amount received in excess
of the storage fee will be retained by Tempe Elementary School
District as payment for additional efforts to dispose of the
item.
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
the buyer, or buyer's agent or employee, Tempe Elementary School
District will refund any money paid. The liability of Tempe
Elementary School District shall not exceed the actual purchase price
of the property.
Vehicle Titles: Tempe Elementary School
District 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. Tempe
Elementary School 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 all 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 the Buyer fails in the performance of
their obligations, Tempe Elementary School District may retain
Buyer's bid deposit and exercise such rights and pursue such remedies
as are provided by law.
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 property, if
the bid is accepted, by the dates and times specified.
*THESE
TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*
