Deming Public School District TERMS AND CONDITIONS
*Contract.*_An
award of sale is a contract between the winning bidder
and
_/_*Deming Public Schools *_/_upon the terms and conditions set
forth
herein. _/_*Deming Public Schools*_/_**__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*.
*Deming
Public Schools* 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.*
*Deming Public Schools* 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.*all sales are final.*
*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
*Deming
Public Schools* 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. **Deming Public
Schools* 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, /*Deming Public
Schools*/**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 /*Deming
Public Schools'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 *Deming Public Schools.*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
<mailto: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 *Deming Public Schools* 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*. *Deming Public Schools*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%
*may be added to the final sale
price with a $1 minimum charge
per auction to collect payment. If added,
the premium will be
visible during the bidding process and will be
included in the
payment required.
*State/Local Sales and/or Use Tax.
**Deming Public Schools* does not
collect sales tax.
*Removal.
*Buyer must remove auction item(s) from the agency premises
*within
five (5) business days* after the time and date of issuance of
the
Notice of Award. If the Buyer, after making payment for an
item,
fails to remove the item within the specified time, the
agency reserves
the right (1) to retain all payments; and (2) to
dispose of the item
through another auction or otherwise.
Successful bidders are responsible
for packing, loading,
removing and transporting all property awarded to
them from the
place where the property is located as indicated on the
website
and in the Notice of Award. The Buyer must make all arrangements
and
perform all work necessary, including packing, loading
and
transportation of the property. Under no circumstances will
*Deming
Public Schools* assume responsibility for packing,
loading or
transporting auction item(s). Buyer shall be liable
to and reimburse
*Deming Public Schools* for any damage to
*Deming Public
Schools's*/__/_property caused by Buyer's or
Buyer Agent's removal of
auction item(s) from the premises. _No
maintenance may be performed on
/*Deming Public Schools*/
property.__ For additional information, please
contact /*Amanda
Stockman*/, 575-546-8841
x.2007
amanda.stockman@demingps.org/*.*/
*Abandonment
of Item.*_Auction items paid for but not picked up within
the
specified time will be stored for 15 days from the last date
of
available pickup. __*Deming Public Schools*_/_**_/_will
charge a storage
fee of __*_3.00_$*__per 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
__*Deming Public Schools*__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,
/*Deming Public Schools*/ will refund any money paid. The
liability
of *Deming Public Schools* shall not exceed the actual
purchase
price of the property.
*Vehicle Titles.* *Deming
Public Schools* 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. *Deming Public Schools* 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, *Deming Public
Schools*/**/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*
