ONLINE SALES TERMS AND CONDITIONS
Guarantee
Waiver - All property is offered for sale as-is, where-is. The
Alamogordo Public Schools 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 - Alamogordo Public
Schools 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 Alamogordo Public Schools
confirms the property does not conform to the description, Alamogordo
Public Schools will keep the property and refund any money paid. The
liability of Alamogordo Public Schools 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 - Alamogordo Public
Schools 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 – PayMac,
a third-party payment processing company, receives all payments for
Alamogordo Public Schools. Payment for an awarded item must be
received within five (5) business days after 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 pay partially for an auction by Credit Card and
pay the remainder by another payment method, such as a wire transfer.
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 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. You
will be notified upon receipt of payment. You may then contact the
responsible party listed for the auction item 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 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 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 - Alamogordo 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.
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 the payment required.
State/Local Sales and/or Use Tax - Alamogordo Public
Schools may collect sales tax, unless the Buyer has provided a valid
tax-exempt certificate to Alamogordo 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 of
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 the Alamogordo Public Schools assume
responsibility for packing, loading or transporting. For additional
information, please contact Ward W. Kenyon, (575) 812-6092,
ward.kenyon@aps4kids.org
Vehicle Titles - Alamogordo
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.
The Alamogordo 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, Alamogordo Public Schools may exercise such rights
and may 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.