Flowing Wells Unified School
District
ONLINE SALES TERMS AND CONDITIONS
Contract.
An award of sale is a contract between the winning bidder and Flowing
Wells Unified School District upon the terms and conditions set forth
herein. Flowing Wells Unified School District may pursue all legal
remedies allowed by law against any bidder who fails to make payment
for a winning bid.
Guarantee Waiver. All property is
offered for sale as-is, where-is. Flowing Wells Unified School
District 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
Description Warranty. Flowing Wells Unified School District is not
responsible for any omissions or errors in description 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 Agency does not attest to the
authenticity of any item.
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.
Indemnification. Bidder agrees for and on
behalf of bidder, bidder's heirs, successors and assigns that bidder
shall indemnify and hold Flowing Wells Unified School District
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. Flowing
Wells Unified School District 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, Flowing Wells Unified School District 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 Flowing Wells Unified
School District'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 Flowing Wells Unified
School District. Payment for an awarded item must be received within
five (5) business daysafter 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
1. Upon receipt of payment, You will be notified by
email sent to the address You provided at registration with
Publicsurplus.com. You may then contact Agency Name 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 picture 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
picture 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.
Shipping. We cannot ship any item(s). However, you
may contact a local carrier of your choice to pick-up, package, and
ship your item(s) for you. It will be your responsibility to follow
the Third-Party Pick-Up Procedures above to ensure that your item is
released.
Bid Deposits. Flowing Wells Unified School
District 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.
State/Local Sales and/or Use Tax.
Flowing Wells Unified School District may collect sales tax, unless
the Buyer has provided a valid tax-exempt certificate to Flowing
Wells Unified School District prior to payment. If applicable, the
sales tax will be visible during the bidding process and will be
included in the payment specified.
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 packing, loading, removing and 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
packing, loading and transportation of the property. Under no
circumstances will Flowing Wells Unified School District assume
responsibility for packing, loading or transporting auction item(s).
Buyer shall be liable to and reimburse Flowing Wells Unified School
District for any damage to Flowing Wells Unified School District's
property caused by Buyer's or Buyer Agent's removal of auction
item(s) from the premises. No maintenance may be performed on Flowing
Wells Unified School District property. For additional information,
please contact the District, (520) 696-8877.
Abandonment
of Item. Auction items paid for but not picked up within the
specified time will be stored for 15 days from the last date of
available pickup. Flowing Wells Unified School District will charge a
storage fee of $5per day during this time, which must be paid by
Buyer before the item will be released. At the expiration of the 15
day period, the item will be deemed abandoned and may be auctioned
again to pay the storage fee. Any amount received in excess of the
storage fee will be retained by Flowing Wells Unified School District
as payment for additional efforts to dispose of the item.
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, Flowing Wells Unified School District will refund any
money paid. The liability of Flowing Wells Unified School District
shall not exceed the actual purchase price of the property.
Vehicle
Titles. Flowing Wells Unified School 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. Flowing Wells Unified School 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 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, Flowing Wells Unified School
District may retain Buyer's bid deposit and exercise such rights and
pursue such remedies as are provided by law.
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*
