ST. CHARLES PARISH LIBRARY
ON-LINE AUCTION TERMS AND CONDITIONS
1. 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.
2. General: Items are offered for sale by the St. Charles Parish Library, identified herein as the "SCPL". Those submitting bids are identifies herein as "bidder(s)" or "buyer(s)".
3. Eligibility: A buyer must be a minimum of 18 years of age and legally able to sign contracts as a buyer in an auction. SCPL Employees and their immediate family members are not allowed to bid on items to be auctioned.
4. Viewing: When viewing of an item is permitted, viewing will be by appointment only. Appointments may be scheduled by contacting the person listed in the "Auction Contact" section of the Auction website. Due to liability reasons, no children, and only two (2) adult customers will be allowed in the designated viewing area at a time.
5. Inspection: The responsibility to determine the condition of the property rests with the bidder. Prospective bidders are encouraged to inspect the property, when possible, prior to bidding, and to place bids based solely on their personal inspection and evaluation. Prospective bidders will not be allowed to test, operate or disassemble any item featured in an auction.
6. Warranty: All equipment will be sold "as is", "where is", and with all faults, if any. SCPL disclaims all warranties or guarantees, expressed or implied, as to the condition, quality, completeness or fitness for any particular or general purpose or compliance to safety regulation of the equipment being sold. Descriptions of items appearing in this online auction are believed to be correct. However, neither those descriptions, nor any oral statements made concerning any item, shall be considered as a warranty, expressed or implied. SCPL OFFERS NO GUARANTEES OR WARRANTIES. DETERMINATION OF CONDITION FUNCTION, AND PERCEIVED OR ASSUMED VALUES IS THE SOLE RESPONSIBILITY OF THE BUYER.
7. Consideration of Bid: SCPL reserves the right to reject any and all bids and to withdraw from sale any of the items listed.
8. Notice of Award: Successful bidders will receive a Notice of Award by email from PublicSurplus.com
9. Payment: PayMac, Inc. a third-party payment processing company, receives all payments for SCPL. Payment for an awarded item must be received within five (5) business days after the Notice of Award to the successful bid. 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.
a. 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 been verified.
b. Partial Payment
There will be NO partial payments allowed for an auction.
c. Wire Transfers:
Payments over $4,000.00, a wire transfer is required. Please email support at buyersupport@publicsurplus.com requesting 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. Wire transfers can take up to two business days to be received and posted. Do not attempt to pick-up your item until you have received notification that the wire transfer has been received.
10. Pick-up Procedures:
a. Upon receipt of Notice of Award, you may then contact the responsible party listed for the auction item and arrange for a mutually convenient pickup time. You must bring to the pick-up location (1) the "Notice of Award", (2) the paid receipt and (3) personal identification (such as 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.
b. If you are picking up an item for someone else, you will need to bring the Notice of Award and the payment, plus a note from the designated "winning bidder" specifically naming you as authorized representative, along with your own personal identification. Additionally, the winning bidder must send an email from the bidder's email address used for the auction authorizing to pick-up the item.
11. Ownership: At the end of the auction, the highest bidder is considered to have entered into a binding contract and is obligated to pay the bid price.
12. Default: Default shall include the failure to observe these terms and conditions; failure to make good and timely payment; failure to remove all items with the specified item. Default may result in termination of the contract and suspension from participation in all future sales until the default has been cured. If the Buyer fails in performance of their obligations, SCPL may exercise such rights and may pursue such remedies as are provided by law.
13. Removal: Items must be paid for and removed from SCPL premises within 10 business days following Notice of Award to the successful bidder. No property may be claimed or removed prior to making full payment. In the case of a vehicle purchase; proof of transfer of title in the name of the new owner must be provided. If unclaimed by winning bidders, SCPL reserves the right to re-auction or award the item to the next highest bidder.
14. Shipping: SCPL will not ship items. Shipping is the responsibility of the buyer. Under no circumstances will SCPL assume responsibility for packing, loading or shipping. Items may be removed between the hours of 9:00 am and 4:00 pm, Monday through Friday, excluding legal holidays. SCPL will not be responsible for items after buyer, or designated shipper, takes possession. Allow sufficient time to load items into vehicles before close of business (4pm) for SCPL location at which such item(s) is/are being picked up.
15. Buyers Premium: A Buyers Premium of 10.5% shall be added to the final sale price with a $1 minimum charge per auction to collect payment. If added, the premium will be visible during the bidding process and will be included in the payment required.
State/Local Sales and/or Use Tax. SCPL may collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to SCPL prior to payment. If applicable, the sales tax will be visible during the bidding process and will be included in the payment specified.
16. Indemnification: Buyers agree to indemnify and hold harmless SCPL for any and all damages, claims, or liability of any nature or kind in the sale of, or the buyer's use of, the property. The buyer, its predecessors, successors and assigns hereby release, relinquish and discharge SCPL, its former, present and future agents, employees, officers, officials and legal representatives (collectively known as SCPL) from any liability arising out of the sale and/or concurrent negligence of SCPL for any injury, including death or damage to persons or property, where such damage is sustained in connection with, or arising out of, the sale of SCPL owned property.
17. Liability: Under no circumstances will SCPL be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages or losses based on, or caused by, any use of the auction web site, or any other web site to which the site is linked, the content of such web sites, or any viruses or other harmful components derived from any such web sites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information. SCPL strives to make the online auction system as accurate as possible. However, errors and equipment malfunctions are possible and may occur without notice. In case of malfunctions of hardware or software, SCPL reserves the right to cancel any sale, even if an award notification e-mail has been received. SCPL cannot and will not guarantee uninterrupted access to the auction system.
18. Applicable Law: Bidders who participate in this auction agree The State of Louisiana shall govern all matters relating to the use of this auction and purchase of items listed by SCPL on this site, including payment and removal of items.