HOWARD COUNTY PUBLIC SCHOOL SYSTEM, ELLICOTT CITY, MARYLAND
TERMS AND CONDITIONS
1. General: Items are offered for sale by the Howard County Public School System (HCPSS), Maryland, identified herein as the "HCPSS". However, a third-party website provider, an online auction services contractor, identified herein as (Public Surplus) is utilized. Those submitting bids are identified herein as "bidder(s)" or "buyer(s)".
2. Eligibility: A buyer must be a minimum of 18 years old and legally able to form binding contracts as a buyer in an auction.
3. Warranty: All equipment is sold "as is", "where is", and "with all faults, if any". HCPSS disclaims all warranties or guarantees, expressed or implied, as to the condition, quality, completeness or fitness for any particular or general purpose or compliance to safety regulations of the equipment being sold. Descriptions of items appearing in this online auction are believed to be correct. However, neither those descriptions, nor any oral statements made concerning any item, shall be considered as a warranty, expressed or implied.
HCPSS OFFERS NO GUARANTEES OR WARRANTIES. DETERMINATION OF CONDITION, FUNCTION AND PERCEIVED OR ASSUMED VALUE IS THE SOLE RESPONSIBILTY OF THE BUYER.
4. Ownership: At the end of the auction, the highest bidder has entered into a binding contract with HCPSS, and is obligated to pay the price bid. Placing the winning bid, but not paying for the product, is illegal in most states, and may result in prosecution. The winning bid cannot be retracted unless due to a fault of the HCPSS, for example, typographical or other error. Bidders that fail to claim and pay for auction items by the close of business on the 5th business day after the notice of award shall forfeit their rights to the auction item, and be declared as a default bidder and any and all bid deposits will be collected.
5. Inspections: Bidders are not offered the opportunity to inspect items prior to purchase unless specified in the item description for a particular auction.
6.Payment. PayMac, a third-party payment processing company, receives all payments for Howard County Public School System. Payment for an awarded item must be received within five (5) business days after 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 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. 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.
Public Surplus will notify you upon receipt of payment. You may then contact the County to arrange for a pick-up as specified in Section 10 (below). You will need to bring the payment receipt or the auction item(s) will not be released to you.
7. Bid Deposits. HCPSS 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.
8. Buyers Premium: A 9.5% Buyer Premium will be added to the final sale price with a $1 minimum charge per auction to collect payment
9. State/Local Sales and/or Use Tax. HCPSS will collect sales tax, currently 6.00%, on non-vehicle auctions, unless the buyer has provided a valid tax-exempt certificate from the State of Maryland to HCPSS prior to payment.
10. 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, HCPSS may exercise such rights and may pursue such remedies as are provided by law.
11. Pick-Up of Purchases:
General Items:
Pick-ups are scheduled for the first and third Monday of each month from 7:30 AM - 11:30 AM and the second and fourth Thursday of the month from 1:00 PM - 2:30 PM unless otherwise noted in the auction. Buyers must schedule an appointment for pick-up by calling 410-313-7627 or by emailing Purchasing@hcpss.org.
Items listed that are located at the Dobbin Road Warehouse, 6655 Dobbin Road, Columbia, MD 21046 will be picked-up at that location.
Vehicles/Certain Equipment:
Vehicles and equipment listed that are located at the Central Office, 10910 Route 108, Ellicott City, MD 21042 will be picked-up by appointment by calling Warren (410) 313-7627. Vehicles and equipment that have titles may not be available for pick-up for two to three days following payment by the buyer.
All items must be picked-up within 15 calendar days of auction close. No property may be claimed or removed prior to making full payment. If items are unclaimed by winning bidders, HCPSS reserves the right to re-auction or award the item to the next highest bidder.
12. Shipping: HCPSS is not equipped to ship items, or prepare items for shipping. Winning bidders will be solely responsible for pick-up or shipping arrangements, and all associated costs. HCPSS will not be responsible for items after buyer, or designated shipper, takes possession. Allow sufficient time to load items into vehicles before close of business. For shipping purchased items buyers are free to contact local firms and make arrangements to ship or deliver purchased property. HCPSS will not be responsible for any cost, tax or fees associated with shipping.
13. Indemnification: Buyers agree to indemnify and hold harmless HCPSS for any and all damages, claims, or liability of any nature or kind in the sale of, or the buyer's use of, the property. The buyer, its predecessors, successors and assigns hereby release, relinquish and discharge HCPSS, its former, present and future agents, employees, officers, officials and legal representatives (collectively know as "HCPSS") from any liability arising out of the sale and/or concurrent negligence of the HCPSS for any injury, including death or damage to persons or property, where such damage is sustained in connection with, or arising out of, the sale of county owned property.
14. Liability: Items are offered for sale using the services and website of the online auction services contractor. Under no circumstances will HCPSS 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 website, or any other website to which the site is linked, the content of such websites, or any viruses or other harmful components derived from any such websites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information. HCPSS strives to make the online auction system as accurate as possible. However, errors and equipment malfunctions are possible and may occur without notice. In case of malfunctions of hardware or software, HCPSS reserves the right to cancel any sale, even if an award notification e-mail has been received. HCPSS cannot and will not guarantee uninterrupted access to the auction system.
15. Reproduction of Auction Materials and Resale of Items Listed: Bidders or website users may reproduce or copy images, photographs, or descriptions of property listed on the auction site for personal use only. Bidders and website users may not reproduce, display, or broadcast online auction materials by any means, or by using any media, without the express written permission of HCPSS. HCPSS reserves the right to disallow participation in the online auction by any website user or bidders at any time for violating applicable laws, ordinances, terms and conditions listed here, or for activity deemed unacceptable by HCPSS. Before paying for and taking possession of the items listed for sale by HCPSS, successful bidders and website users shall not post or list the same items for sale by any other means. Please be advised that the HCPSS auction staff reports suspected fraud or criminal activity to the proper authorities.
16. Storage Fees: A buyer has 10 business days to remove the item they won from HCPSS property. Immeditely after the 10th day, a storage fee will be implemented. The storage fee is 10% of the sale price of the item every day. If the buyer does not remove the item by the time the storage fee reaches 100% value of the auction (10 more business days), then the buyer relinquishes their right to the item, and the agency will keep the money received for storing the item.
17. Privacy: The HCPSS gathers information from bidders so that it will know who has won an auction item. Personal information is not sold or rented. Personal information is used for the purpose of conducting online auctions and not used for any other purpose. Be advised that transactions of the HCPSS auction are subject to Section 10-611 et seq. of the State Government Article, also known as the Maryland Public Information Act.
18. Applicable Law/Venue: Although this site may be accessed from any state, bidders who participate in this auction agree that (a) the purchase shall be deemed to have taken place in Howard County, Maryland; (b) the laws of the State of Maryland shall govern all matters relating to the use of this auction and purchase of items listed by the HCPSS on this site; and (c) the exclusive venue for any and all actions related to hereto shall be the appropriate Federal Court located within the State of Maryland or the appropriate State Court located within Howard County, Maryland.
19. 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.
Pickup vehicles must have clean beds/cargo areas.
SUV or other vehicles must be clean and ready to safely load.
Vehicles must be appropriate size/type to carry items purchased.
HCPSS may assist with loading if time allows.
Please do not delay our staff with unnecessary talking or conversations.
HCPSS will not provide tools, packing materials or other supplies.
Make sure you have all your items before leaving our dock.
HCPSS reserves the right to refuse to load any vehicle deemed unsafe.
Do you have a pick up appointment - if not - first come first served.
You must have a paper receipt with your name on it and proper ID.
Have your paperwork ready - HCPSS will not look up orders or print receipts.
If picking up for someone else - you must have paper work giving permission.
HCPSS reserves the right to refuse to load any vehicle deemed unsafe.
Thank you for your cooperation