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ONLINE SALES TERMS AND CONDITIONS
Contract
An
award of sale is a contract between the winning bidder and Santa
Maria
Joint Union High School District upon the terms and
conditions set forth herein. Santa
Maria Joint Union High 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. Santa Maria Joint
Union
High 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
Santa
Maria Joint Union High 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 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 Santa Maria Joint Union
High 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. Santa Maria Joint Union High
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, Santa Maria Joint Union High 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 Santa Maria Joint Union High School District's
discretion.
Notice of Award
Successful
bidders will receive a Notice of Award by email from
PublicSurplus.com
Payment. PayMac Inc. a third-party
payment processing company, receives all
payments for Santa
Maria Joint Union High School District. 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
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 Santa
Maria Joint
Union High School District 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). It will be your responsibility to follow the
Third-
Party Pick-Up Procedures above to ensure that your item
is released.
Bid Deposits
Santa
Maria Joint Union High 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.
Buyer
Premium
A
Buyer Premium of 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.
State/Local Sales and/or
Use Tax
Santa
Maria Joint Union High School District may collect sales tax, unless
the Buyer has provided a valid tax-exempt certificate to Santa Maria
Joint Union High 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 Santa
Maria Joint
Union High School District assume responsibility for
packing, loading or transporting
auction item(s). Buyer shall be
liable to and reimburse Santa Maria Joint Union High
School
District for any damage to Santa Maria Joint Union High 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 Santa Maria Joint Union High School
District
property. For additional information, please contact Julie
Shires,
publicsurplus@smjuhsd.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, Santa Maria Joint Union High School District
will
refund any money paid. The liability of Santa Maria Joint Union High
School
District shall not exceed the actual purchase price of
the property.
Vehicle Titles
Santa
Maria Joint Union High School District will issue a title
or
certificate upon pick up with confirmed payment. Titles may
be subject to any
restrictions as indicated in the item
description on the website. Open titles cannot be
issued. Santa
Maria Joint Union High 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, Santa Maria Joint
Union High 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*