Palatine Park District Terms and Conditions
ONLINE SALES - TERMS AND CONDITIONS
Guarantee Waiver. All property is offered for sale "as-is, where-is." The Palatine Park District makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. The Buyer is not entitled to any payment for loss of profit or any other money damages - special, direct, indirect, or consequential.
Description Warranty. Palatine Park 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 the Palatine Park District confirms that the property does not conform to the description, the Palatine Park District will keep the property and refund any money paid. The liability of the Palatine Park 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 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.
Consideration of Bid. The Palatine Park 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, collects all payments for the Palatine Park District. Payment for an awarded item must be received within 5 business days of close of auction. Payment shall be made online by credit card, or wire transfer. 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 of an auction allowed. All auctions must be paid in full per payment process used per auction. 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. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED. 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. Public Surplus will notify the Buyer upon receipt of payment. The Buyer may then contact the responsible party listed for that item and arrange for a mutually convenient pick up time. The Buyer must bring the "Notice of Award" with the "Paid Receipt" and personal identification such as a Drivers License or DMV ID to the pick up location. The person releasing the item will require the Buyer to show all three documents. The Buyer must present these forms of identification at the scheduled pick up or the auction item(s) will not be released.
2. If you are picking up an item for someone else, you will need to bring the receipt, (photo copies are acceptable), plus a note from the designated "winning bidder" specifically naming you as their authorized representative, along with your own ID.
Bid Deposits. The Palatine Park 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 Buyers Premium will 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 payment to Public Surplus
State/Local Sales and/or Use Tax. The Palatine Park District may collect sales tax, unless the buyer has provided a valid tax-exempt certificate to the Palatine Park District prior to payment. If applicable the sales tax will be visible during the bidding process and will be included in your payment to Public Surplus.
Removal. Buyer must remove auction item(s) from said agencies premises within 5 business days of notification by Public Surplus of receipt of payment, and within 10 business days from 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 any and all payments; and (2) to dispose of the item as deemed desirable by the agency. Successful bidders are responsible for loading and removal and any and 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 will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will the Palatine Park District assume responsibility for packing, loading or shipping. Property may be removed between the hours of 7am and 2pm, Monday through Friday, excluding legal holidays. For additional information, please contact Ed Tynczuk, at (847) 705-5131 or ETynczuk@Palatineparks.org.
Vehicle Titles. The Palatine Park District 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. The Palatine Park 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 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, The Palatine Park District may exercise such rights and may pursue such remedies as are provided by law.
Purchaser represents, warrants, acknowledges and agrees that (1) Purchaser has carefully inspected the Property and made all investigations with respect to the Property that Purchaser deemed necessary or advisable and Purchaser is solely responsible for satisfying itself by whatever means it deems necessary or advisable as to the condition of the Property and its suitability for the use intended by Purchaser; (2) NO REPRESENTATIONS OR WARRANTIES OF ANT KIND WHATSOEVER, ORAL OR WRITTEN, HAVE BEEN MADE OR ARE MADE BY THE PARK DISTRICT WITH RESPECT TO THE PROPERTY INCLUDING WITHOUT LIMITATION REPRESENTATIONS OR WARRANTIES CONCERNING THE CONDITION OR SAFETY OF THE PROPERTY OR THE SUITABILITY OR FITNESS OF THE PROPERTY FOR ANY USE BY PURCHASER, PURCHASER'S PERMITTEES OR ANY OTHER PERSON; (3) NO EMPLOYEE, OFFICER OR AGENT OF THE DISTRICT HAS MADE ANY REPRESENTATION OR EXPRESSION OF OPINION WITH RESPECT TO THE PROPERTY ON WHICH PURCHASER IS ENTITLED TO RELY OR HAS RELIED; AND (4) PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PROPERTY IS NOT NEW AND HAS BEEN USED AND THAT PURCHASER IS PURCHASING THE PROPERTY IN "AS IS" CONDITION WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, AND THAT PURCHASER IS ASSUMING ALL LIABILITIES IN CONNECTION WITH THE USE OF THE PROPERTY UPON ITS TRANSFER TO PURCHASER.
Purchaser understands and acknowledges that District would not be willing to sell or transfer the Property to Purchaser if District would incur any liability or cost associated with the Property, its current condition or future condition, or its use following its transfer to Purchaser. As an inducement to, and in consideration for, the District's agreement to sell [or donate] the Property to Purchaser, Purchaser waives and releases District, its park commissioners, officers, employees and agents (collectively "District Parties") and each of them from any and all claims of whatsoever nature which Purchaser may now or in the future have with respect to the Property, and Purchaser indemnifies and holds harmless District Parties and each of them from and against any and all liabilities, loss, claims, damages, costs or expenses (including without limitation, court costs and reasonable attorney's fees) which the District Parties or any of them may suffer, incur or sustain or for which any of them may become liable by virtue of injury to or death of any person, or damage to or destruction of any property occurring at any time after the transfer of the Property to Purchaser.
Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees that they have read, fully understand and accept these Terms and Conditions of Online Sales, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified.