Chula Vista Elementary School District
Terms and Conditions
For Public Surplus Purchases
ONLINE SALES - TERMS AND CONDITIONS
Guarantee Waiver. Each item or "lot" is offered for sale "as-is, where-is" and with all faults and defects therein. Chula Vista Elementary School District(CVESD) 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. Any costs to make an item functional are the responsibility of the awarded bidder.
Description Warranty. CVESD warrants to the Buyer that the property offered for sale will conform to its description. All descriptions of items in this sale are believed to be correct, but no warranty, as such is either expressed or implied. Bidder's are urged to inspect item(s) prior to bidding. Failure to inspect shall not constitute cause for cancellation of sale. Any claim for mis-description must be made prior to removal of the property. If CVESD confirms that the property does not conform to the description, CVESD will keep the property and refund any money paid. The liability of CVESD shall not exceed the actual purchase price of the property. Please note that upon removal of the property, all sales are final.
Hold Harmless: Bidders hereby agree to hold harmless CVESD and its employees for any or all omissions or errors. Purchaser must understand that he/she is buying the property entirely upon his/her own examination, evaluation, or opinion based on the information given in each items posting. Additionally, CVESD will not be responsible for any accidents or injury resulting from purchases of property on sale or removal of items purchased.
Inspection. Most items offered for sale are used and may contain defects not immediately detectable. Bidder's are urged to inspect item(s) prior to bidding. Failure to inspect shall not constitute cause for cancellation of sale. 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. CVESD makes every effort to avoid withdrawal of items from the sale after they have been advertised or offered; but, it may become necessary; therefore, CVESD reserves the right to reject any and all bids, and to withdraw from sale any of the items listed at any time prior to its final sale or auction ending time.
Bidder Rejection: CVESD reserves the right to reject the bid of anyone who is not a bidder using the publicsurplus.com internet site and further reserves the right to refuse any or all bids. NON-INTERNET BIDS ARE NOT ACCEPTED
Eligible Bidders: Persons who are under the age of 18 years are not eligible for bidding. If you do not meeth this requirement, you are not able to use the auction service. Please refer to the terms and conditions of Public Surplus. A detailed explanation of the bidding process can be found on the website under Help?Buyer information.
Dispute: If any dispute arises over price, quantity or between bidders, CVESD reserves the right to settle any and all such disputes and their decision shall be final. If there is a possibility of a tie for a single item, the bid is awarded to the earlier (placed) bidder.
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 CVESD. Payment for an awarded item must be received within 5 business days of close of auction. Failure to purchase items awarded may result in a permanent ban from future auctions and result in closure of your account. 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. CVESD 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 of 10% 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. CVESD will collect sales tax, unless the buyer has provided a valid tax-exempt certificate to CVESD 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, unless otherwise noted in auction description. 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 CVESD assume responsibility for packing, loading or shipping. Property may be removed between the hours of 9am and 3pm, Monday through Friday, unless otherwise noted in auction description, excluding legal holidays.
Vehicle Titles. CVESD 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. CVESD 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, CVESD may exercise such rights and may pursue such remedies as are provided by law.
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.