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.
CONTRACT: An award of
sale is a contract between the winning bidder and The School District
of Palm Beach County (SDPBC) upon the terms and conditions set forth
herein. SDPBCmay pursue all legal remedies allowed by law against any
bidder who fails to make payment for a winning bid.
CONDITIONS OF SALE/GUARANTEE WAVER: All property is offered for sale as-is, where-is, with all faults and without warranty. The School District of Palm Beach County makes no warranty, guaranty or representation of any kind, expressed or implied, as to the condition, usability, value, merchantability, authenticity, or fitness for any purpose of the property offered for sale. Some or all items may have been declared unsafe in their present condition by a federal or state safety standard. Buyers should inspect and, if necessary, repair/test all items prior to any use. Buyer is not entitled to any payment for loss of profit or any other money damages, including but not limited to special, direct, indirect, or consequential damages.
No refunds or adjustments will be made on
any award(s).
THERE ARE NO EXPESSED OR IMPLIED WARRANTIES GUARANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PURPOSE ON ANY ITEMS LISTED
NO DESCRIPTION WARRANTY: The School District of Palm Beach County is not responsible for any omissions and/or errors in the descriptions of items being offered for sale. It shall be the bidder's responsibility to inspect and satisfy him or herself as to the details and conditions of the item offered before entering a bid. The School District of Palm Beach County does not attest to the authenticity of any item.
INSPECTION: The 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.
INDEMNIFICATION: Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold The School District of Palm Beach County harmless from and against any claim, demand or cause of action arising or alleged to have arisen out of the sale or failure to sell any item of surplus property including claims for personal or bodily injury, death or contract damages.
CONSIDERATION OF BID: The School District of Palm Beach County reserves the right to reject any and all bids and to withdraw from sale any of the items listed before a notice of award is delivered.
RESERVE REQUIREMENT: If there is a reserve requirement and the reserve price is not met by the close of bidding, SDPBC reserves the right to sell the auction item to the next highest bidder, relist the item for auction, or otherwise dispose of the item at SDPBC's discretion.
NOTICE OF AWARD: Successful bidders will receive a Notice of Award by email from PublicSurplus.com
PAYMENT: PayMac, A third-party payment processing company receives all payments for SDPBC. Payment for an awarded item must be received within five (5) business days after the date of 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 partially pay for an auction by Credit Card and pay the remainder by another payment method, such as a wire transfer. All credit card payments must be made using a single credit card.
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 and ask for wire instructions or request the instructions via live chat. These instructions will be emailed to you. Please follow them exactly to ensure prompt payment.
Pick-Up and Third Party Pick-Up Procedures
Upon receipt of payment, the winning bidder will be notified by email sent to the address they provided at registration with Publicsurplus.com. The winning bidder may then contact SDPBC and arrange for a mutually convenient pick-up time. The winning bidder, or their designee, must bring to the pick-up location (1) the Notice of Award, (2) the Paid Receipt and (3) personal picture identification (such as a Driver License). The winning bidder must present all three identification items at the scheduled pick-up, or the auction item(s) will not be released.
2. If a designee of the winning bidder is picking up an item, the designee must bring the Notice of Award and the Paid Receipt (photo copies are acceptable), plus a note from the designated winning bidder specifically naming their designee as their authorized representative, along with their own personal picture identification. In addition, the designee of the winning bidder must arrange for the winning bidder to send an e-mail from the winning bidder e-mail address used for the auction, stating confirming that the designee is authorized to pick-up the item.
SHIPPING: The School District of Palm Beach County will not ship any item(s). However, local carriers of the designated winning bidders choice may be contracted to pick-up, package, and ship your item(s) for you. It is the winning bidder's responsibility to follow the Third-Party Pick-Up Procedures above to ensure that an item is released.
BID DEPOSITS: The School District of Palm Beach County 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.
BUYER PREMIUM: A Buyer Premium of ten and one half percent (10.5%) will be added to the final sale price with a $1 minimum charge per auction to collect payment. 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 agency 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 agency 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 towing, loading, removing and/or transporting 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 loading and transportation of the property. Under no circumstances will SDPBC assume responsibility for loading or transporting auction item(s). Buyer shall be liable to and reimburse SDPBC for any damage to SDPBC's property caused by Buyer's or Buyer Agent's removal of auction item(s) from the premises.
NO MAINTENANCE OR REPAIRS OF ANY KIND ARE PERMITTED ON SDPBC PROPERTY
Removal of items is by appointment only.
For additional information, please contact: Marguerite Jean-Charles, (561) 242-6557, or by email: marguerite.jean-charles@palmbeachschools.org
RISK OF LOSS: In the event an auction item is lost or destroyed after a notice of award has been sent but prior to removal, and to the extent such loss or destruction is not caused by the buyer, or buyer's agent or employee, SDPBC will refund any money paid. The liability of SDPBC shall not exceed the actual purchase price of the property.
VEHICLE TITLES: The School District of Palm Beach County may issue a title or certificate upon receipt of payment if the available. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. SDPBC 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;
(3) failure to remove all items
within the specified time; or
(4) performing maintenance or
repairs on SDPBC property.
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, SDPBC may
retain Buyer's bid deposit and exercise such rights and pursue such
remedies as are provided by law.
IMPORTANT: If the winning bidder fails to pay for the property within five (5) business days or remove their property within ten (10) business days, the surplus property purchased may be promptly re-sold in such manner as the District may elect and the defaulting purchaser charged with any loss or additional cost incurred. No refunds shall be awarded to any purchaser for abandoned property. At the sole discretion of the Area Manager for the School District of Palm Beach County - Any buyers, who are found in default, may not be allowed to participate in future auctions with the District.
APPLICABLE LAW; VENUE: Any contract resulting from this solicitation shall be governed in all respects by the laws of the State of Florida and any litigation with respect thereto shall be brought in the courts of the State of Florida, Palm Beach County. The buyer shall comply with applicable federal, state and local laws and regulations.
DIRECT contact with School District employees, on the subject of this bid is expressly prohibited except with the foreknowledge and permission of Carl Boucard, General Manager, Transportation Services or his representative.
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.
*THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE*