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NLINE SALES TERMS AND CONDITIONS

WARRANTY / GUARANTEE WAIVER.  PAYMENT OF THE AMOUNT OF THE SUCCESSFUL BID IS BUYER'S ACKNOWLEDGMENT THAT THE BUYER HAS INSPECTED, OR BEEN OFFERED THE OPPORTUNITY TO INSPECT, THE ITEM(S) PURCHASED AND ACCEPTS THE ITEM(S) "AS IS – WHERE IS", WITH NO WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, OPERATING CONDITION, OR ANY OTHER WARRANTY. THE BUYER IS NOT ENTITLED TO ANY PAYMENT FOR LOSS OF PROFIT OR ANY OTHER MONEY DAMAGES, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL AS A RESULT OF BUYER'S PURCHASE OR USE OF THE ITEM(S) PURCHASED.

 

Description Warranty.  Kyrene School District warrants to the Buyer that the property offered for sale will conform to its description.  Any claim for mis-description must be made prior to removal of the property.  If Kyrene School District confirms that the property does not conform to the description, Kyrene School District will keep the property and refund any money paid.  The liability of Kyrene School District shall not exceed the actual purchase price of the property.  Please note that upon removal of the property, all sales are final.

 

Inspection.  Most items offered for sale are used and may contain defects not immediately detectable.  Bidders may make an appointment to inspect the property prior to bidding.  Contact the auction contact to make an appointment.

 

Consideration of Bid.  Kyrene School District reserves the right to reject any and all bids and to withdraw from sale any of the items listed.

 

Notice of Award.  Successful bidders will receive a Notice of Award by email from PublicSurplus.com

 

Payment.  PayMac, a third-party payment processing company, receives all payments for Kyrene School District. Payment for an awarded item must be received within five (5) business days after 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 ACCEPTEDIf 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 auction purchases must be paid for in full according to one specified payment process. For example, you WILL NOT be able to pay partially for an auction purchase by Credit Card and pay the remainder by another payment method, such as a wire transfer.

 

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 asking for wire instructions or request the instructions via live chat. These instructions will be emailed to you. You must follow them exactly to ensure prompt payment.

 

Pick-Up Procedures

1.  You will be notified upon receipt of payment.  You may then contact the responsible party listed for the auction item 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 photo identification (such as a Driver's 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 signed note from the designated winning bidder specifically naming you as authorized representative, along with your own personal photo 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.

 

Bid Deposits.  Kyrene School District may require bid deposits in order to ensure fairness to all bidders. The deposit will be refunded if no default occurs or the bidder does not win the auction.  The deposit will be retained if the winning bidder defaults.

 

Buyer's Premium.  A Buyer's Premium will be added to the final sale price with a $1 minimum charge per auction item. The premium will be visible during the bidding process and will be included in the payment required.

 

State/Local Sales and/or Use Tax.  Kyrene School District will collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to Kyrene 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 Kyrene School District premises within ten (10) business days after the time and date of issuance of the Notice of Award. If the Buyer, after making payment for an item, fails to remove the item within the specified time, the agency 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 of 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 Kyrene School District assume responsibility for packing, loading or transporting.  For additional information, please contact  Mason Meade email mmeade@kyrene.org and phone 480-541-1605.





Vehicle Titles.  Kyrene School District will issue appropriate documents to assist a buyer in obtaining 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. Kyrene 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 Buyer's obligations, Kyrene School District may exercise such rights and may 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 understands and accepts these 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.