Nebo School District
www.publicsurplus.com
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Online
Sales - Terms and Conditions
Eligibility. A Buyer must be
a minimum of eighteen (18) years of age and legally able to form a
binding contract as a Buyer in an auction.
No Warranty.
All property is offered for sale is in its AS IS and WHERE IS
condition, with all faults and without warranty. Nebo School District
makes no warranty, guaranty, or representation of any kind, express
or implied, as to the merchantability, fitness for any particular or
general purpose, or compliance to safety regulations of the property
offered for sale.
Property Description. The description of
the property offered for sale has been compiled from available data
and is believed to be correct. However, there is no guaranty or
warranty on the part of Nebo School District as to condition or
quality of the property. Neither the property descriptions, nor any
verbal statements concerning any property item, shall be considered
as a warranty, express or implied.
Inspection. Most of the
property offered for sale is used and may contain defects not
immediately detectable. Interested Buyers may inspect the property
prior to bidding, and place bids solely on their personal inspection
and evaluation. Interested Buyers will not be allowed to test,
operate, or disassemble any property items featured in an auction.
Interested Buyers must adhere to the inspection dates, times, and
locations indicated in the property description or contact the person
listed below to schedule an inspection.
Consideration of
Bids. Nebo School District reserves the right to reject any and all
bids and to withdraw from sale any of the property listed in the
auction as deemed to be in the best interests of Nebo School
District.
Notice of Award. Each bid is received with an
understanding that the acceptance by Nebo School District of the
offer to purchase any or all items of property described therein
shall constitute a contract between the bidder and Nebo School
District. An award will be made to the highest responsive,
responsible bidder. Successful bidders will receive a Notice of Award
by e-mail from publicsurplus.com.
Payment. Successful
bids shall remain firm and effective for a period of seven (7)
calendar days following Notice of Award. No refunds or adjustments
will be made. Payment in full is due and payable no later than seven
(7) calendar days from the time and date of the Notice of Award.
PayMac. a third-party payment processing company, receives all payments for Nebo School District.
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 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, You will be notified by email sent to the address You provided at registration with Publicsurplus.com. You may then contact Nebo School District and arrange for a mutually convenient pick-up time. You 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). You must present all three identification 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 to bring the Notice of Award and the Paid Receipt (photo copies are acceptable), plus a note from the designated winning bidder specifically naming you as authorized representative, along with your own personal picture identification. In addition, you must arrange for the winning bidder to send an e-mail from the winning bidder 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. Nebo 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 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
Sales Tax. In addition to the purchase price, Nebo School District
will collect Utah State sales tax of 7.25% on all property items
sold, as applicable.
Removal. All property must be
removed within ten (10) calendar days from the time and date of the
issuance of the Notice of Award. Purchases will be released only upon
receipt of full payment as specified. Successful bidders are
responsible for loading and removal of any and all property awarded
to them from the place where the property is located as indicated on
the publicsurplus.com website and in the Notice of Award. The Buyer
will make all arrangements and perform all work necessary, including
packing, loading, and transportation of the property. Under no
circumstances will Nebo School District assume responsibility for
packing, loading, or shipping. Property may be removed between the
hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding
legal and school holidays. Please note that upon removal of the
property, all sales are final. For additional information, please
contact the individual listed below.
Default and Remedies.
Default shall include: (1) failure to observe any of these terms and
conditions; (2) failure to make full and timely payment; or (3)
failure to remove the property within the specified time. Default may
result in termination of the contract award and suspension from
participation in all future sales until the default has been cured.
If the Buyer fails in the performance of their obligations, Nebo
School District may re-auction the property, award the item to the
next highest bidder, and/or exercise any and all rights and remedies
available by law.
No Liability. The Buyer is not entitled
to any payment for loss of profit, loss of revenue, business
interruption, or any other money damages direct, indirect, special,
incidental, or consequential. The total liability of Nebo School
District shall in no event exceed the actual purchase price of the
property.
Indemnification. Buyer agrees to indemnify and
hold harmless Nebo School District for any and all damages, claims,
or liability of any nature or kind in the sale, or the Buyers use, of
the property. The Buyer, its predecessors, successors and assigns
hereby release, relinquish, and discharge Nebo School District, its
former, present, and future employees and agents, from any liability
arising out of the sale or use of the property, including any
personal injury, death, or property damage.
Acceptance of
Terms and Conditions. By submitting a bid, the bidder hereby agrees
that they have read, fully understand, and accept these Nebo School
District, Online Sales - Terms and Conditions, and agrees to pay for
and remove the property, if the bid is accepted, by the dates and
times specified.
Governing Law and Venue. The laws of the
State of Utah shall govern in all respects, and jurisdiction and
venue shall be found in the courts of Utah County, State of
Utah.
Additional Information. To schedule a time for
inspection, payment, or pick-up of a property item, or if you have
any questions or need additional information, please contact the
following individual:
Nikki Argyle
Nebo School
District
CTE Secretary
Telephone No.
801-798-4069
nikki.argyle@nebo.edu