Tracy Unified School District
ONLINE SALES TERMS AND CONDITIONS
Contract. An award of sale is a contract between the winning bidder and Tracy Unified School District upon the terms and conditions set forth herein. Tracy Unified 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, and with all faults, and Tracy Unified 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. Tracy Unified 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. Tracy Unified School District 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 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. By submitting a bid, Bidder attests that Bidder has the qualifications and capability to determine, and will determine for itself, whether the item offered for sale is safe for use.
Indemnification. Bidder agrees for and on behalf of bidder, bidder's heirs, successors and assigns that bidder shall indemnify and hold Tracy Unified 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. Tracy Unified 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, Tracy Unified 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 Tracy Unified 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 Tracy Unified 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
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 Tracy Unified 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. If indicated in the item description, you may also be required to present additional documentation (such as a license needed to operate the item).
2. If you are picking up an item for someone else, you will need to bring the Notice of Award and the Paid Receipt (photocopies 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. Tracy Unified 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. Tracy Unified School District may collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to Tracy Unified 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. Buyer shall pay and indemnify Tracy Unified School District against all required taxes, fees, and transfer costs and expenses that arise as a result of Buyer’s purchase and ownership of the property.
Removal. Buyer must remove auction item(s) from Tracy Unified School District 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, Tracy Unified School District 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 Tracy Unified School District assume responsibility for packing, loading or transporting auction item(s). Buyer shall be liable to and reimburse Tracy Unified School District for any damage to Tracy Unified 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 Tracy Unified School District property. For additional information, please contact Michelle Daniel, (209) 830-3240, mdaniel@tusd.net
Risk of Loss. In the event an auction item is lost or destroyed after a notice of award has been sent but prior to the time specified for removal, and to the extent such loss or destruction is not caused by the Buyer, or Buyer’s agent or employee, Tracy Unified School District will refund any money paid. The liability of Tracy Unified School District shall not exceed the actual purchase price of the property.
Vehicle Titles. Tracy Unified 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. Tracy Unified 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, Tracy Unified School District may retain Buyer’s bid deposit and exercise such rights and pursue such remedies as are provided by law.
Governing Law. The bid and any resulting award shall be governed by, and construed in accordance with, the laws of the State of California, with venue for any legal proceeding being held in San Joaquin County, California.
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*