TERMS AND CONDITIONS OF SALE
CONDITIONS OF SALE. Sale of all surplus property is, as is and where is, with all faults and without warranty. The description of surplus property offered for sale has been compiled from available data, but there is no guaranty or warranty on the part of Gilmer County Schools as to condition or quality. Gilmer County Schools reserves the right to withdraw any items being offered. The Gilmer County Schools will furnish no services of any kind to the bidder for any and all costs associated with shipping including but not limited to packaging, crating, loading, freight unless otherwise indicated. Note: No refunds or adjustments will be made on any award(s).
BE ADVISED THERE ARE NO EXPESSED OR IMPLIED WARRANTIES ON ANY ITEMS LISTED
Payment. PayMac Inc. a third-party payment processing company, receives all payments for Agency name. 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 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.
Bid Deposits. Gilmer County Schools 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 10% Buyer Premium shall be added to the final sale price with a $1 minimum charge per auction to collect payment.
State/Local Sales and/or Use Tax. Gilmer County Schools may collect sales tax, unless the Buyer has provided a valid tax-exempt certificate to Gilmer County Schools prior to payment. If applicable, the sales tax will be visible during the bidding process and will be included in the payment specified.
Vehicle Titles. Agency name 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. Agency name 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, Agency name may retain Buyer’s bid deposit and exercise such rights and pursue such remedies as are provided by law.
AWARD will be made to the highest responsive, responsible bidder. Notification will be provided by Public Surplus via e-mail to the selected bidder.
LIABILITY AFTER AWARD: The purchaser shall assume all liability for the property after the award is made. The School District will exercise its normal care for protection up to the time for removal, but will not be responsible for any loss or damage whatsoever. No property may be removed by the purchaser prior to making full payment.
THE SCHOOL DISTRICT reserves the right to award by item, groups of items, or total bid; to reject any and all bids or portions thereof and to make awards if in its judgment the best interests of the School District will be served.
EACH BID IS RECEIVED with the understanding that the acceptance by the School District of the offer to purchase any or all of the items described therein shall constitute a contract between the bidder and the School District.
GENERAL: The Property is sold "AS IS, WHERE IS, WITH ALL FAULTS" and without representation or warranty. The School District, as Seller hereby expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness for a purpose, and neither assumes nor authorizes other person to assume for it, any liability in connection with the sale of these goods. There is no warranty of vehicles odometer readings. Items are offered for sale using the services and Web site of Public Surplus, LLC (www.publicsurplus.com). Under no circumstances will the School District 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, even if the School District has been specifically advised of the possibility of such damages or losses.
VIEWING
of bid items will be by appointment only and prior to the auction
closing date. Bidders should avail themselves of the opportunity to
view bid items.
DIRECT contact with School District employees, other than the employees of the Purchasing Division, on the subject of this bid is prohibited except with the foreknowledge and permission of the Purchasing Manager or his representative.
APPLICABLE LAW; VENUE. Any contract resulting from this solicitation shall be governed in all respects by the laws of the State of West Virgnina and any litigation with respect thereto shall be brought in the courts of the State of West Virginia. The buyer shall comply with applicable federal, state and local laws and regulations.
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*