ONLINE SALES TERMS AND CONDITIONS
Guarantee
Waiver. All property is sold "AS
IS, WHERE IS, WITH ALL FAULTS" and without representation or warranty.
Springfield
Public Schools (SPS), as Seller hereby expressly disclaims all warranties, either express
or implied, including any implied warranty of merchantability or fitness for a
purpose, and neither assumes nor authorizes other person to assume for it, any
liability in connection with the sale of these goods. There is no warranty of
vehicles odometer readings. Items are offered for sale using the services and
Web site of Public Surplus, LLC (www.publicsurplus.com).
Under no circumstances will SPS 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, even if SPS has been
specifically advised of the possibility of such damages or losses.
Description
Warranty. Springfield Public Schools 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 Springfield
Public Schools
confirms that the property does not conform to the description, Springfield
Public Schools
will keep the property and refund any money paid. The liability of Springfield Public Schools shall not exceed the actual purchase price of the
property. Please note that upon
removal of the property, all sales are
final.
Consideration
of Bid. SPS reserves the right to award by item, groups of items, or total bid; to
reject any and all bids or portions thereof, to withdraw from sale any of the
items listed, and to make awards if in its judgment the best interests of SPS will be served. Each bid is received with the
understanding that the acceptance by SPS
of the offer to purchase any or all of the items described therein shall
constitute a contract between the bidder and the School District
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. Direct
contact with SPS employees, other than the employees of the Purchasing
Division, on the subject of this bid is prohibited without the foreknowledge
and permission of the Purchasing Manager or his representative. The Purchasing
Manager, Gregory A. James, may be contacted by phone at PH# 541-726-3244 or by
e-mail at greg.james@springfield.k12.or.us.
Springfield Public Schools 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. Public Processing
LLC, a third-party payment processing company, receives all payments for Springfield Public Schools. 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 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 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 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 e-mail address used for the
auction, stating that you are authorized to pick-up the item.
Bid Deposits. Springfield
Public Schools 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.
Buyers Premium. A Buyers Premium may 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.
Removal. Buyer must remove auction item(s) from the Springfield Public Schools 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 Springfield Public Schools 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 Springfield
Public Schools
assume responsibility for packing, loading or transporting. For
additional information, please contact the "Auction Contact" listed
on the auction page
Vehicle
Titles. Springfield Public Schools will issue 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. Springfield Public Schools 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, Springfield
Public Schools may
exercise such rights and may pursue such remedies as are provided by law.
Applicable
Law; Venue.
Any contract resulting from this solicitation shall be governed in all respects
by the laws of the State of Oregon and any litigation with respect thereto
shall be brought in the courts of Lane County, Oregon. The buyer shall comply
with applicable federal, state and local laws and regulations.
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.