AGENCY ONLINE SALES TERMS AND CONDITIONS
Contract. An
award of sale is a contract between the winning bidder and Durant
Community School District upon the terms and conditions set forth
herein. Durant Community 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. Durant Community 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. Durant Community School District is not responsible for any
omissions or errors in description of items being 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 by appointment only.
**PLEASE
NOTE: We are a school district and are closed on Saturday and Sunday.
Viewing times are by appointment only Monday Friday from 8:30am to
2:30pm
Indemnification. Bidder agrees for and on behalf of
bidder, bidder's heirs, successors and assigns that bidder shall
indemnify and hold Durant Community 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. Durant Community
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,
Durant Community 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 Durant Community School District
s 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 Durant Community 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 Durant Community 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 you are picking up an item for someone else.
Before property will be released, the winning buyer will be required
to send an email (from the winning buyer s email address used for the
auction) identifying the representative authorized to pick-up paid
item on their behalf. The authorized representative will need to
bring the Notice of Award and the Paid Receipt (photo copies are
acceptable), and their personal picture identification (such as a
Drivers License).
Buyer must supply all personnel for
removing said item(s). The Durant Community School District will NOT
have ANY loading capabilities. All items must be removed from the
room, and loaded on the truck by the buyer. There are NO forklifts or
loading docks at this location. Some equipment may be extremely heavy
and may require special equipment, which will be supplied by the
buyer.
**PLEASE NOTE: We are a school district and are
closed on Saturday and Sunday.
ALL PICKUPS are by
Appointment only.
Preferred pick-up time and viewing times are:
Monday Friday from 8:30AM to 2:30PM
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.
WE DO NOT
PREPARE, PACKAGE OR SHIP. BIDDER IS SOLELY RESPONSIBLE FOR THIS
PROCESS.
Bid Deposits. Durant Community 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. 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 Durant Community School
District assume responsibility for packing, loading or transporting
auction item(s). Buyer shall be liable to and reimburse Durant
Community School District for any damage to Durant Community 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
Durant Community School District property. For additional
information, please contact Contact Denise Paustian, (563) 785-4432,
HYPERLINK
"mailto:denise.paustian@durant.k12.ia.us"denise.paustian@durant.k12.ia.us.
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. Durant Community School District will charge a
storage fee of $2.00 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 Durant Community School District 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 buyer s agent or
employee, Durant Community School District will refund any money
paid. The liability of Durant Community School District shall not
exceed the actual purchase price of the property.
Vehicle
Titles. Durant Community 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. Durant Community 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, Durant Community School District
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*
