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Aztec Municipal School District
Terms and Conditions
For Public Surplus Purchases

ALL ITEMS ARE SOLD AS IS, AND WHERE IS. THERE ARE NO EXPESSED OR IMPLIED WARRANTIES ON ANY ITEMS LISTED.

GENERAL: Items are offered for sale by the Aztec Municipal Schools, herein referred to as the Seller. In making the offer, a third-party web site provider, Public Surplus, LLC., is utilized. Individual(s) submitting bid offers are identified herein as "Buyer(s)".


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 Aztec Municipal 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 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.


Failure to purchase items awarded may result in a permanent ban from future auctions and result in closure of Buyers Public Surplus account. Buyers must be prepared to show proof of identity (Picture ID) at time of payment and pick up. All sales are subject to Seller confirmation.

ADDITIONAL FEES: Except for vehicles which will be registered for use on public highways, applicable sales tax will be added to all purchases made unless the Buyer provides a valid tax-exempt certificate at the time of payment. The Buyer shall add and include the tax when making payment.


BID DEPOSITS: Aztec Municipal 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.

REMOVAL: WE DO NOT SHIP ITEMS; items are available for local pick up only. If you require shipping, you must arrange pickup, packaging, insurance and delivery with the carrier of your choice. Unless otherwise specified, the pickup location is:

Aztec Municipal School District
1118 West Aztec Blvd
Aztec, NM 87410

Normal pickup times are Monday through Friday between 9:00-11:00 am and 12:00-3:00 pm local time, district holidays excluded.


Summer hours are as follows: Monday - Thursday from 7:30 am to 3:30 pm local time.

The item purchased immediately becomes the responsibility of the purchaser at the time of award. The Seller will execute its usual care for protection up to the time for removal, but will not be responsible for any loss or damage whatsoever. Property may not be removed until the buyer has paid the account in full. The Buyer is required to provide personnel to load the items purchased onto the Buyers vehicle. At the Sellers discretion, the Seller may provide forklift assistance for the loading of certain items.

All items must be removed from the Seller's property within ten (10) business days following the close of auction for the awarded item(s). Starting the eleventh (11) workday, a storage fee of 15% of the accepted bid will be assessed for each workday up to 15 calendar days, at which time we reserve the right to re-list or dispose of the item, or offer to the next high bidder. Any item left after the removal deadline, whether paid for or not, will be subject to resale or disposal without any obligation to refund any amount to the original Buyer.

Disposal of ANY items into Sellers waste containers is strictly forbidden and may result in legal action being taken.

REPRESENTATION AND WARRANTY: ALL ITEMS ARE SOLD AS IS AND WHERE IS. THERE ARE NO WARRANTIES AS TO MERCHANTABILITY OR FITNESS OF USE, EITHER EXPRESSED OR IMPLIED, ON ANY ITEM IN THIS SALE. All descriptions of items in this sale are believed to be correct and we have tried to describe each item to the best of our ability, but we do not always have first hand knowledge of the items sold. All items are sold with the possibility of missing parts or components unless specified in each items auction. Any costs to make an item functional are the responsibility of the awarded bidder. NO REFUNDS SHALL BE MADE.

CONTACT INFORMATION: For questions, inspection of equipment or pick-up arrangements, contact the Central Office at 505-334-9474 ext. 1016, or e-mail advalddu@aztec.k12.nm.us

HOLD HARMLESS: Buyer agrees to indemnify and hold harmless Seller for any and all damages, claims or liability for injuries to persons or property caused during the sale or by the removal of the item. 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. The Seller assumes no responsibility for any accidents on Seller's or other property.

LEGAL: Technology equipment, such as computers, is not sold with the intention to transfer ownership of any software or operating system. Hard drives are formatted or removed. The Seller is not licensed to sell software and cannot provide software to a Buyer. If residual software exists, it is by oversight.

SALE OF VEHICLES: Odometer/Hourmeter readings are represented to the best of our knowledge. Actual usage of parts, engines, transmissions, etc. may be higher or lower as vehicles have undergone repairs and replacements of vehicle components. Titles for vehicles will be available for pickup with proof of payment. Titles may be subject to any restrictions as indicated in the item description on the website. Open titles cannot be issued. Aztec Municipal School District will not issue replacement titles.


WITHDRAWL OF ITEMS: Despite our efforts to avoid withdrawal of items from the sale after they have been advertised or offered, it may become necessary; therefore, the Seller reserves the right to remove any, all, or any portion of items from sale or auction. If the bid for an item unexpectedly exceeds $2500.00, the item may be withdrawn pending Aztec Municipal School District Board approval.

BIDDER REJECTION: The Seller reserves the right to refuse any or all bids.

DONATIONS: Items not sold during the public auction may be eligible for donation to 50l(c)(3) non-profit organizations, governmental units, or an Indian nation, tribe or pueblo in New Mexico. If interested, please contact Duwana Valdez, at the Central Office at 505-334-9474 ext. 1016.

PRIVACY: Information gathered is used for the purpose of conducting the auction sale and will not be used for any unrelated purpose. Personal information will not be released to any other party, except as required by law.

WEB SITE LIABILITY: Items are offered for sale using the services and web site of Public Surplus, LLC. (www.publicsurplus.com). Under no circumstances will the Seller 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 web site or any other web site to which the site is linked, the content of such web sites, or any viruses or other harmful components derived from any such web sites, including, without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information.

EMPLOYEE PURCHASES: To avoid any potential appearance or perception of impropriety, Aztec Municipal School District employees will not be eligible to bid on or purchase certain surplus items listed on the Aztec Municipal School District on-line auction. These certain items include those that originate in the same division, unit or area in which the employee works. In addition, employees authorizing the decision to surplus items for auction are not eligible to bid on those items which they authorize. See item code for originating.

All items are sold As Is, Where Is, without warranty, expressed or implied. Buyer agrees to indemnify and hold harmless Seller for any and all damages, claims or liability for injuries to persons or property caused during the sale or by the removal of the item.

Items sold must be paid for within 5 days and picked up within 10 days of close of auction at the Aztec Municipal Schools location indicated. Pick up times are Monday through Friday between 9:00 am and 3:00 pm, district holidays excluded, unless otherwise stated. Except for vehicles which will be registered for use on public highways, the applicable governmental gross receipts tax will be added to ALL purchases made unless the Buyer provides a valid tax-exempt certificate at the time of payment.
All computers are sold without operating system (Windows). All hard drives have been formatted or removed.


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*