Kenowa Hills Public Schools ONLINE SALES TERMS AND CONDITIONS
Contract. An award of sale is a contract between the
winning bidder and Kenowa Hills Public Schools upon the terms and
conditions set forth herein. Kenowa Hills 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. Kenowa Hills 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.
Description
Warranty. Kenowa Hills Public Schools Name warrants to the Buyer that
the property offered for sale will conform to its description. Any
claim for mis-description must be made prior to removal of the
property. If Kenowa Hills Public Schools confirms that the property
does not conform to the description, Kenowa Hills Public Schools will
keep the property and refund any money paid. The liability of Kenowa
Hills Public Schools shall not exceed the actual purchase price of
the property. Please note that upon removal of the property, all
sales are final.
OR
No Description Warranty.
Kenowa Hills 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.
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 Kenowa Hills 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.
Kenowa Hills 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, Kenowa Hills 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 Kenowa Hills Public
Schools discretion.
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 Kenowa Hills 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 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 Kenowa Hills 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. Kenowa Hills 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 10.5% 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. Kenowa Hills Public Schools may collect sales
tax, unless the Buyer has provided a valid tax-exempt certificate to
Kenowa Hills Public Schools prior to payment. If applicable, the
sales tax will be visible during the bidding process and will be
included in the payment specified.
Removal. Buyer must
remove auction item(s) from the agency 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, 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 Kenowa Hills Public Schools assume responsibility
for packing, loading or transporting auction item(s). Buyer shall be
liable to and reimburse Kenowa Hills Public Schools for any damage to
Kenowa Hills Public Schools property caused by Buyers or Buyer Agents
removal of auction item(s) from the premises. No maintenance may be
performed on Kenowa Hills Public Schools property. For additional
information, please contact Michael Roland, (616-840-1137),
mroland@khps.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. Kenowa Hills Public
Schools will charge a storage fee of $20.00 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
Kenowa Hills 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 buyers agent or employee, Kenowa Hills
Public Schools will refund any money paid. The liability of Kenowa
Hills Public Schools shall not exceed the actual purchase price of
the property.
Vehicle Titles. Kenowa Hills 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. Kenowa Hills 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, Kenowa
Hills 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*
