ONLINE SALES TERMS AND CONDITIONS
Contract.
An
award of sale is a contract between the winning bidder and St Cloud
Area School District 742 upon the terms and conditions set
forth
herein.
St Cloud Area School District 742 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. St Cloud Area School
District 742
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.
St
Cloud Area School District 742
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 Agency 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 St Cloud Area School District 742 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.
St
Cloud Area School District 742
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, St Cloud Area School District 742 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 St Cloud Area
School District 742. 's discretion.
Notice
of Award.
Successful
bidders will receive a Notice of Award by
email
from PublicSurplus.com
Payment. PayMac Inc. a third-party payment processing company, receives all payments for St Cloud Area School District 742. Payment for an awarded item must be received within five (5) business days after the date of 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 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.
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.
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
1.
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
St Cloud Area School District 742 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 (photocopies 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). It
will be your responsibility to follow the Third
Party Pick-Up
Procedures above to ensure that your item is released.
Bid
Deposits.
St
Cloud Area School District 742 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/Local
Sales and/or Use Tax.
St
Cloud Area School District 742 may collect sales tax, unless the
Buyer has provided a valid tax-exempt certificate to St Cloud Area
School District 742 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 the agency 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 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 St Cloud Area School District 742 assume
responsibility for packing, loading or transporting auction item(s).
Buyer
shall be liable to and reimburse St Cloud Area School District 742
for
any damage to St Cloud Area School District 742 's property caused
by Buyer's or Buyer Agent's removal of auction item(s) from the
premises. No
maintenance may be performed on St Cloud Area School District 742
property.
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, St Cloud Area School District 742 will refund
any
money paid. The liability of St Cloud Area School District 742
shall
not exceed the actual purchase price of the property.
Vehicle
Titles.
St
Cloud Area School District 742 will issue a title or
certificate
upon pick up with confirmed payment. Titles may be subject to any
restrictions as indicated in the item description on the website.
Open titles cannot be issued. St Cloud Area School District 742 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, St Cloud Area School
District 742 may retain Buyer's bid depositand 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*