General:  Palomar Community College District is identified herein as the “District”. Those submitting bids are identified herein as “bidder(s)” or “buyer(s)”.

Eligibility:  A buyer must be a minimum of 18 years old and legally able to form binding contracts as a buyer in an auction.

Guarantee Waiver:  All property is offered for sale “as is”, and “where-is”. The District makes no warranty, guaranty, or representation of any kind, expressed or implied, as to the condition, quality, completeness or fitness for any particular or general purpose or compliance to safety of the equipment being sold.

Description Warranty:  The District is not responsible for any omissions or errors in the description of the equipment and/or vehicle(s) offered for sale. Descriptions of items appearing in this online auction have been compiled from available data and are believed to be correct, however, neither those descriptions, nor any oral statements made concerning any item, shall be considered as a warranty, expressed or implied. If the District confirms that the property does not conform to the description, the District will keep the property and refund any money paid. The liability of the District shall not exceed the actual purchase price of the property.

BE ADVISED THERE ARE NO EXPRESSED OR IMPLIED WARRANTIES ON ANY ITEMS LISTED. DETERMINATION OF CONDITION, FUNCTION, AND PERCEIVED OR ASSUMED VALUE IS THE SOLE RESPONSIBILITY OF THE BUYER.

Inspection:  Items offered for sale are used and may contain defects not immediately detectable. The responsibility to determine the condition of the property rests with the bidder. Bidders may inspect the property by appointment only prior to the auction closing date. Prospective bidders are encouraged to inspect the property prior to bidding, and to place bids based solely on their personal inspection and evaluation. Prospective bidders will not be allowed to test, operate or disassemble any item featured in an auction.

Direct contact with District employees, other than the employees of the Warehouse, on the subject of this auction is prohibited except with the foreknowledge and permission of the Warehouse or representative.

Bids:  The District reserves the right to withdraw any equipment and/or vehicle(s) from the sale up until the time the sale of the equipment and/or vehicle(s) is awarded. By submitting a bid, the bidder agrees that they have read, fully understand and accepted these Terms and Conditions of Online Sales, and agree to pay for and remove the property, if the bid is accepted, by the dates and times specified. Bids submitted shall remain firm for a period of five (5) days following the closing date of the bids. The successful bidder shall be required to remit payment within five (5) business days after the Notice of Award date and remove the property within ten (10) business days from the date of the Notice of Award.

Award:  Award will be made to the highest responsive, responsible bidder. The 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 interest of the District will be served. Notification will be provided by Public Surplus, LLC via email to the selected bidder. At the time auctioneer awards sale of equipment and/or vehicle(s) to bidder, a legally binding contract is established between the District and the bidder.

Indemnification:  Buyer agrees to indemnify and hold harmless the District for any and all damages, claims, or liability of any nature or kind in the sale of, or the buyer’s use of, the property. The buyer, its predecessors, successors, and assigns hereby releases, relinquish and discharge the District, its former, present and future agents, employees, officers, officials and legal representatives (collectively known as the “District”) from any liability arising out of the sale and/or concurrent negligence of the District for any injury, including death or damage to persons or property, where such damage is sustained in connection with, or arising out of, the sale of District owned property.

Liability:  Items are offered for sale by using the services and Web site of public Surplus, LLC (www.publicsurplus.com). Under no circumstances will the 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 District has been specifically advised of the possibility of such damages or losses. The successful Bidder shall assume all liability for the property and/or vehicle(s) after the award is made. The 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. Buyer assumes all liability for damaged items resulting from loading or transport on District property.

Reproduction of Auction Materials and Resale of Items Listed:  Bidders or website users may reproduce or copy images, photographs, or descriptions of property listed on the auction site for personal use only. Bidders and website users may not reproduce, display, or broadcast online auction materials by any means, or by using any media, without the express written permission of the District. Before paying for and taking possession of the items listed for sale by the District, successful bidders and website users shall not post or list the same items for sale by any other means. The District reserves the right to disallow participation in the online auction by any website user or bidders at any time for violating applicable laws, ordinances, terms and conditions listed here, or for activity deemed unacceptable by the District.

Payment Terms:  Public Surplus collects all payments for Palomar Community College. If you choose to pay with a credit card please follow the instructions below. The credit card limit per transaction is $2,000.00. For payments larger then this amount follow the instructions listed under manual payment.

Credit Cards

Log in 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. All major credit cards, PayPal and e-Checks are accepted.

Manual Payments

For payments over $2,000.00 and any other non-credit card payments follow the instructions below.

1. Send your payment along with a copy of the “Notice of Award” (emailed from PublicSurplus.com) to Public Surplus, LLC at the following address(s):
   

   Mailing Address: Public Surplus L.L.C. P.O. Box 50676 Provo UT 84605

   or

   Courier Address (FedEx, DHL, UPS ONLY): Public Surplus L.L.C. 1503 S. 40 E., Suite 350 Provo UT 84606

2. Your check should be made payable to Public Surplus, LLC marked with the Auction number. Accepted forms of payment are Certified Check, Cashiers Check or Money Orders. Payments need to be received by Public Surplus within five (5) business days of notification of award.
3. If you need to do a wire transfer please call Public Auction at 801-932-7000 and ask for buyers support to work out the details for this transaction. Once payment is received the same instructions apply as with manual payment.
4. Public Surplus will notify you upon receipt of payment.

Taxes:  8% San Diego County sales tax shall be added to all purchases. The buyer shall add and include the sales tax amount when making payment.

Applicable Law:  Although this site may be accessed from any state, bidders who participate in this auction agree that the laws of the State of California shall govern all matters relating to the use of this auction and the purchase of items listed by the District at this site.

Removal:  Awarded items must be removed from Palomar’s premises within 10 business days from the time and date of issuance of the Notice of Award (emailed by Public Surplus). Items will only be released to person who was successful bidder; the District will not release auction items to any third party or any other agent other than the awarded bidder. However, no property may be claimed or removed prior to making full payment. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will the District assume responsibility for packing, loading, or shipping. Please note that upon removal of the property, all sales are final.

Vehicle Titles:  Palomar Community College 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. Palomar Community College will not issue replacement titles.

Default:  Successful Bidders that fail to claim, pay for, and/or remove items from the District’s premises within the specified time shall forfeit their rights to the auction item and be declared a default bidder. The District may ban a default bidder from participating in future online auction events. If the Buyer fails in the performance of their obligations, the District may exercise such right and may pursue such remedies as are provided by law.