ROCHESTER PUBLIC SCHOOLS- INDEPENDENT SCHOOL DISTRICT #535
TERMS AND CONDITIONS OF SALE
CONDITIONS OF SALE
All surplus property is
sold as-is, where-is, with all faults, and without warranty. Descriptions of
surplus property are compiled from available information; however, Rochester
Public Schools (the �District�) makes no guarantee or warranty, expressed or
implied, as to condition, quality, merchantability, or fitness for a particular
purpose.
The District
reserves the right to withdraw any item from sale at any time prior to pickup.
No refunds, returns, or
adjustments will be made except as expressly stated in these Terms and
Conditions.
NO WARRANTIES
There are no expressed or
implied warranties on any items offered for sale.
BIDS AND AWARD
Bids submitted shall
remain firm for a period of 10 calendar days following the closing date. The
successful bidder will be required to remit payment and remove the property
within 10 calendar days from date of notice of award. (Payment and removal
terms may be modified and if so, modifications will be specified in the posted
auction description.) The successful bidder will be directed to the School
Districts storage facility upon proof of payment of the bid amount for pick-up
of property. Pickup will be by appointment ONLY.
Failure to comply with the
payment and pickup requirement may result in cancellation of award.
PAYMENT AND REMOVAL
Payment and removal must
be completed within ten (10) calendar days after notification of award.
No property may be removed
prior to full payment.
Failure to complete
payment and removal within the required timeframe may result in cancellation of
the award, forfeiture of any payments made, and resale or disposal of the
property at the District�s sole discretion.
PAYMENT TERMS
All payments are processed
through Public Surplus (PayMac). Payment must be made
by credit card or wire transfer only and must be received within ten (10) calendar
days after the Notice of Award. No cash, checks, or money orders will be
accepted. Partial payments are not permitted.
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.
BUYER�S PREMIUM
A buyer�s premium of 10% will
be added to the final sale price, with a $1 minimum charge per auction. The
buyer�s premium, if applicable, will be visible during the bidding process and
included in the amount due.
SALES TAX
Applicable state and local
sales and/or use tax will be charged unless the buyer provides a valid
tax-exempt certificate prior to payment.
LIABILITY AFTER AWARD
The purchaser assumes all
liability for the property after award. The District
will exercise normal care prior to removal but shall not be responsible for
loss or damage. No property may be removed by the purchaser prior to
making full payment.
RESERVED RIGHT(S)
The School District
reserves the right to award by item, groups of items, or total bid; to
reject any and all bids or portions thereof
and to make awards if in its judgment the best interests of the School District
will be served.
PICKUP AND REMOVAL
Pickup is by appointment
only during normal business hours. Buyers are solely responsible for packing,
loading, removing, and transporting all property. The District
will not provide labor, tools, or equipment.
Items not removed within
the required timeframe may, at the District�s sole
discretion, be considered abandoned and may be relisted, recycled, or otherwise
disposed of without refund.
INSPECTION
Bidders are encouraged to
inspect items prior to bidding. Inspections are by appointment only and must
occur prior to the auction closing date.
DEFAULT
Default includes failure
to make timely payment, failure to remove property within the required
timeframe, or failure to comply with these Terms and Conditions. Default may
result in cancellation of the award, forfeiture of payment, suspension from
future auctions, and pursuit of any remedies allowed by law.
CONTRACT
Each bid is received with
the understanding that the acceptance by the School District of the offer to
purchase any or all of the items described
therein shall constitute a contract between the bidder and the School District.
GENERAL
The Property is sold
"AS IS, WHERE IS, WITH ALL FAULTS" and without representation or
warranty. The School District, 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 persons 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 website of Public Surplus, LLC (www.publicsurplus.com).
Under no circumstances will the School District 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 the
School District has been specifically advised of the possibility of such
damages or losses.
DIRECT CONTRACT:
Direct contact with School District
employees, other than the employees of the Purchasing Department, on the subject of this bid is prohibited except with the
foreknowledge and permission of the Purchasing Manager or their representative.
ACCEPTANCE OF TERMS
By submitting a bid, the
bidder acknowledges that they have read, understand, and agree to these Terms
and Conditions, and agree to pay for and remove awarded items within the
specified timeframe.