ONLINE SALES
TERMS AND CONDITIONS
FOR
LAS CRUCES
PUBLIC SCHOOL DISTRICT
Guarantee Waiver. All property is
offered for sale as-is, where-is. The Las Cruces Public School
District 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.
Description Warranty. The Las Cruces Public
School District warrants to the Buyer that the property offered for
sale will conform to its description. Any claim for errors or
misrepresentation in the item(s) description must be made prior to
removal of the property. If the Las Cruces Public School District
confirms that the property does not conform to the description, the
Las Cruces Public School District will keep the property and refund
any money paid. The liability of the Las Cruces Public School
District shall not exceed the actual purchase price of the property.
Please note that upon removal of the property, 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.
Consideration
of Bid. The Las Cruces Public School District reserves the right to
reject any and all bids and to withdraw from sale any of the items
listed.
Notice of Award. Successful bidders will receive a
Notice of Award by email from PublicSurplus.com
Payment.
Public Surplus collects all payments for the Las Cruces Public School
District. Payment for an awarded item must be received within 5
business days of close of auction. Payment shall be made online by
credit card, or by 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.
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 wire
transfer.
Credit Cards
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.
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 Buyer 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 pickup 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 winning
bidder specifically naming you as their authorized representative,
along with your own ID.
Bid Deposits.
The Las Cruces Public School District 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 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. The Las Cruces Public School District is not required to collect
sales tax.
Removal. Buyer must remove auction item(s)
from said agency premises within five (5) business days of
notification by Public Surplus of receipt of payment, and within ten
(10) business days from 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 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 of any and all property awarded
to them from the place where the property is located as indicated on
the website and specified 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 the Las Cruces Public School District assume responsibility for
packing, loading or shipping. Property may be removed between the
hours of 7:00 am and 4:00 pm, Monday through Friday, excluding legal
holidays. For additional information, please contact Aldo Magana at
(575) 527- 6025/ amagana@lcps.net or Will Manning at (575) 527-5846/
wmanning@lcps.net.
Vehicle Titles. The Las Cruces Public
School District 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.
The Las Cruces Public School District will not issue replacement
titles.
Vehicle Odometer Readings. Federal and state law
requires the transferor (seller) of a vehicle to state the odometer
mileage upon transfer of ownership. Las Cruces Public Schools shall
document mileage displayed on the vehicle at the time of transfer to
bidder. It will not, however, lay claim to the functionality and/or
property working condition of the odometer and does not lay claim the
Odometer descriptions reflect the known reliability of the odometer
reading. LCPS shall check mark the Odometer Disclosure Statement form
block as Warning! Odometer Discrepancy.
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, the Las Cruces Public School
District may exercise such rights and may pursue such remedies as are
provided by law.
Las Cruces Public Schools does not guarantee
and/or make claim that any product, item, equipment, or vehicle sold
at auction is in safe working condition. All items sold collectively
or individually are sold as is and
without warranty. ALL SALES ARE FINAL.
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 agrees to pay for and remove the property, if the
bid is accepted, by the dates and times specified.
Rev
03/06/2020
