EACH BIDDER SHOULD FULLY INSPECT MATERIALS AND MUST RELY SOLELY ON THAT INSPECTION. ALL BIDDERS INTERESTED IN INSPECTING THE EQUIPMENT MUST CONTACT DAWN ALLSHOUSE AT FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT 650-949-6162 FOR AN APPOINTMENT NO LATER THAN 5 DAYS PRIOR TO BID CLOSING DATE.
I. PAYMENT AND PASSAGE OF TITLE
Payment. PayMac, collects all payments for Foothill De Anza Community College District. Payment. 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 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 "My Stuff" and then click on "Past Bids". Click on the description of the auction and then click on "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 pay partially for an auction 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. Please follow them exactly to allow for 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 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 note from the designated "winning bidder" specifically naming you as authorized representative, along with your own personal 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. Foothill De Anza Community College District may require bid deposits in order to ensure fairness and equity to all buyers as a way to decrease default bidding. The deposit will be reversed if no default occurs or the bidder does not win the auction. Public Surplus will collect and retain the deposit if there is a default by the winning bidder.
Buyers Premium: A 10% Buyer Premium will be added to the final sale price with a $1 minimum charge per auction to collect payment.
II.DELIVERY AND REMOVAL OF PROPERTY
Purchaser shall remove the property at its expense within seven (7) calendar days after passage of title. Purchaser shall be liable for any damage to property caused by removal operation.
If for any reason the Purchaser fails to remove any property within fourteen (14) calendar days after passage of title, the Purchaser will by first class mail be invited to attend a hearing which shall be set for no more than 10 days thereafter, then and there to either claim the property or explain why it has not been claimed. If the Purchaser does not claim and remove the property at the hearing, the property shall be deemed abandoned, and the District at its sole discretion may store or resell the property at the Purchaser's sole risk and expense. In addition, Purchaser shall be liable for any rent or damage suffered by the District because of Purchaser's failure to remove any property. Payment made to the District by the Purchaser who abandoned the property shall not be refunded.
RISK OF LOSS
After passage of title to the Purchaser, and prior to removal, all risk of loss, damage or destruction from any cause whatsoever shall be borne by the Purchaser, except for willful damage or destruction by the District or its agents, in which event the only liability of the District shall be to refund the portion of the purchase price applicable to the destroyed goods. After award and prior to passage of title, the District shall be responsible only for the exercise of reasonable care for protection of the property for 14 calendar days and in event of damage to all or any part thereof the District's only liability shall be to reduce the sale price applicable to the damaged goods.
III.VARIATION IN QUANTITY OR WEIGHT
Any variation in quantity or weight of any item between that listed on bid and that delivered will be adjusted on the basis of the unit price quoted for such item. No adjustment for variation will be made when property is sold on a "price for the lot" basis.
IV. WARRANTIES
All surplus items are sold on "AS IS/WHERE IS" basis.
WHILE DISTRICT'S DESCRIPTION OF MATERIAL (S) IS BASED ON THE BEST AVAILABLE INFORMATION, DISTRICT PROVIDES NO EXPRESS WARRANTIES AND/OR GUARANTEES AND DISCLAIMS ALL IMPLIED WARRANTIES AND/OR GUARANTEES AS TO THE SAFETY, QUALITY, QUANTITY, KIND, CHARACTER, WEIGHT, SIZE, DESCRIPTION, MERCHANTABILITY, OR FITNESS FOR ANY USE OR PURPOSE.
District provides no indemnity of any kind whatsoever and shall be held harmless from any claim that may arise from the removal, handling, use, disposal or transfer of this material.
V. LIMITATION ON REMEDIES
Notwithstanding any other provision herein, in any case where Purchaser or prospective Purchaser claims and proves District liability for breach, or other civil wrong arising hereunder, the sole and only remedy for such breach or other civil wrong shall be and is limited to the value paid or offered to be paid, and all other remedies (including compensatory damages, economic loss or other resulting loss) are hereby disclaimed.
VI. REQUESTS FOR INFORMATION
Should any discrepancies or omissions be found in the bid posting, or doubt as to its meaning, the bidder shall notify the auction contact listed in the auction description or District Purchasing Buyer, Eric Olague, by e-mail to: olagueeric@fhda.edu. Notifications and questions must be received no later than 5 days before bid closing date.